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					                                                    Congressional Record
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                                                                                                                            109 th CONGRESS, FIRST SESSION
         United States
          of America                                 PROCEEDINGS AND DEBATES OF THE


      Vol. 151                                                           WASHINGTON, MONDAY, JULY 25, 2005                                                                 No. 102


                                                House of Representatives
        The House met at 12:30 p.m. and was                                       ‘‘The rate increases are forcing some                  ‘‘It would be so nice if I could stay here,
      called to order by the Speaker pro tem-                                   doctors in Madison County to take                      but the way it is, it’s impossible.’’ Dr.
      pore (Mr. CONAWAY).                                                       their practices elsewhere. That is the                 Sammis has been treating patients at his
                                                                                                                                       family practice in Godfrey for 20 years. Fri-
                                           f                                    case for Dr. Charles Sammis, who took                  day was his last day.
                                                                                over his father’s practice 20 years ago.                 Dr. Sammis says the rising medical mal-
        DESIGNATION OF SPEAKER PRO                                                ‘‘It would be so nice if I could stay                practice insurance rates in Madison County
                    TEMPORE                                                     here, but the way it is it is impos-                   have forced him out. He’s not alone, ‘‘The
        The SPEAKER pro tempore laid be-                                        sible.’’ Dr. Sammis has been treating                  whole Madison County area I think there’s
      fore the House the following commu-                                       patients at his family practice in God-                maybe two to three left and everybody else
      nication from the Speaker:                                                frey for 20 years. Friday was his last                 has pretty much either retired or left.’’
                                                                                                                                         Dr. Sammis says frivolous lawsuits are to
                              WASHINGTON, DC,                                   day.
                                                                                                                                       blame. Not so, says former Missouri Insur-
                                       July 25, 2005.                             Dr. Sammis says the rising medical                   ance Commissioner Jay Angoff, ‘‘The insur-
        I hereby appoint the Honorable MICHAEL K.                               malpractice insurance rates in Madison                 ance companies are telling the doctors look
      CONAWAY to act as Speaker pro tempore on                                  County have forced him out. He is not                  over here its their fault when it’s the insur-
      this day.                                                                 alone. The whole Madison County area,                  ance companies themselves.’’
                           J. DENNIS HASTERT,                                   I think there is maybe two or three left                 Angoff says malpractice rates have more
            Speaker of the House of Representatives.                                                                                   than doubled in the last five years, while the
                                                                                and everybody else has pretty much ei-
                      f                                                         ther retired or left.                                  amount of money paid in claims actually
                                                                                  Meantime, Dr. Sammis’ departure                      dropped, so he says lawsuits aren’t the prob-
            MORNING HOUR DEBATES                                                                                                       lem. ‘‘So, there is no justification for pre-
                                                                                has been especially hard on his pa-
        The SPEAKER pro tempore. Pursu-                                                                                                miums going up the way they are. And, if I
                                                                                tients. ‘‘You have all been nice to me                 were a doctor in Illinois I would call ISME
      ant to the order of the House of Janu-
                                                                                and I appreciate it,’’ he is quoted as                 up, that’s a major malpractice insurer in Illi-
      ary 4, 2005, the Chair will now recog-
                                                                                saying. Dr. Sammis and his family are                  nois, and say ‘Why are my premiums going
      nize Members from lists submitted by
                                                                                moving to Wisconsin where he plans to                  up when claim payments are going down?’’’
      the majority and minority leaders for                                                                                              But Dr. Sammis still believes needless liti-
                                                                                open another practice.
      morning hour debates. The Chair will                                        I would urge my colleagues to vote in                gation is behind the escalating costs and
      alternate recognition between the par-                                    favor of H.R. 5 this week. To stay com-                hopes tort reform is a solution. In May, Illi-
      ties, with each party limited to not to                                   petitive in the global marketplace and                 nois lawmakers approved a plan to cap law-
      exceed 30 minutes, and each Member,                                                                                              suit awards in medical malpractice cases,
                                                                                keep jobs in America, we need to en-
      except the majority leader, the minor-                                                                                           but the bill remains on the Governors desk.
                                                                                sure that our health care delivery sys-                ‘‘And we were hoping that our Governor
      ity leader, or the minority whip, lim-                                    tem is fully intact.                                   would sign the bill and he’s still waiting on
      ited to not to exceed 5 minutes.                                             BETHALTO DOCTOR CLOSES OFFICE DUE TO                it. And I know there’s a lot of issues with
        The Chair recognizes the gentleman                                           RISING MEDICAL MALPRACTICE RATES                  that, but its getting very difficult to prac-
      from Illinois (Mr. SHIMKUS) for 5 min-                                                   (By Erin O’Neill)                       tice medicine here right now.’’
      utes.                                                                       The debate continues over rising medical               Meantime, Dr. Sammis’ departure has been
                                           f                                    malpractice insurance costs and who’s to               especially hard on his patients, ‘‘You’ve all
                                                                                blame. Some doctors in Madison County, Il-             been nice to me and I appreciate it. ’’
          MEDICAL LIABILITY CRISIS                                              linois say the jump in insurance premiums                Bob Vieregge has been going to Dr.
        Mr. SHIMKUS. Mr. Speaker, I rise                                        has forced them to close their offices.                Sammis for 20 years, ‘‘I told him the other
                                                                                  One doctor, who has been treating patients           day I said I lost my wife and I lost my priest
      today again to remind my colleagues of
                                                                                in Bethalto for more than 20 years, is moving          and good friend and now I’m losing my doc-
      the importance of passing a Medical                                                                                              tor.’’ Patient Mary Stanton says. ‘‘We just
                                                                                his practice to another state.
      Liability Reform bill on the floor of                                       While medical malpractice is a problem all           wish him all the best of everything where
      the House this week.                                                      across the U.S., a recent report from the              he’s going.’’
        I would like to submit for the record                                   American Tort Reform Association sug-                    Angoff says insurance companies in both
      and read a brief section of a news story                                  gested its especially common in the Metro              Illinois and Missouri are notorious for very
      from my district. These type of stories                                   East. Some say frivolous lawsuits are to               weak insurance regulation. He says insur-
      have become common in the media in                                        blame, others say it is price gouging by the           ance companies can raise rates at will and
                                                                                insurance companies.                                   the insurance commissioner can’t do any-
      my area over the past few years.                                            The rate increases are forcing some doc-             thing about it. He says the solution is for
        I quote, ‘‘One doctor who has been                                      tors in Madison County to take their prac-             local doctors to rally behind legislation that
      treating patients in Bethalto for more                                    tices elsewhere. That’s the case for Dr.               requires insurance companies to get the ap-
      than 20 years is moving his practice to                                   Charles Sammis, who took over his father’s             proval of the commissioner before raising
      another state.’’                                                          practice 20 years ago.                                 rates.


                         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.

                                                                                                                                                                   H6383


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      H6384                                              CONGRESSIONAL RECORD — HOUSE                                                         July 25, 2005
        Meantime, Dr. Sammis and his family are                and studied it, and they see an increase                 Mr. FITZPATRICK. Mr. Speaker, I
      moving to Wisconsin where he plans to open               in exports to Central America.                         rise today to address the issue of
      another practice.                                           What they do not say is the Presi-                  health care insurance in America, its
                     f                                         dent’s own trade commission sees a                     rising costs and a solution that will
       CENTRAL AMERICAN FREE TRADE                             much bigger increase in imports from                   help to reduce the cost for many Amer-
                    AGREEMENT                                  Central America. That means a net def-                 icans. Our Nation is in the midst of a
                                                               icit. That means we are selling less                   health care crisis. This crisis affects
        The SPEAKER pro tempore. Pursu-                        there than we are buying back. It                      Pennsylvania’s health care profes-
      ant to the order of the House of Janu-                   means we are going to lose more jobs.                  sionals, their patients and the doctor-
      ary 4, 2005, the gentleman from Oregon                   It is the same condition we are in with                patient relationship. This crisis is espe-
      (Mr. DEFAZIO) is recognized during                       the rest of the world.                                 cially acute in my district in South-
      morning hour debates for 5 minutes.                         The United States of America is bor-                eastern Pennsylvania.
        Mr. DEFAZIO. Mr. Speaker, I was                        rowing $2 billion a day to finance the                   Last week I held a small business
      just actually watching a speech by the                   purchase of overseas goods, goods that                 committee forum in my district. The
      President. It was sort of the Grimm’s                    were once made here by people who                      health care crisis and how it affects
      Fairy Tales version of why Members of                    earned a decent living.                                small businesses was the topic of the
      this House should vote for CAFTA, why                       This is not a sustainable model. And                forum. The gentleman from Illinois
      Members of this House should vote to                     to extend it to Central America is not                 (Mr. MANZULLO) was kind enough to
      extend a failing trade policy to another                 going to begin to put America on a bet-                come to the forum and to apply his
      five nations in Central America as a                     ter path to bringing jobs home to the                  many years of experience to the issue,
      template for an even larger expansion                    United States, bringing wages back up                  and I thank the gentleman for his con-
      of failed U.S. NAFTA free trade poli-                    for our production workers, seeing that                tribution and for his insights.
      cies throughout the western hemi-                        they continue to have benefits.                          Pennsylvania’s health care problems
      sphere.                                                     American workers should not be                      are among the worst in the Nation.
        He talked about their subsistence                      asked to compete with workers who                      Doctors in Pennsylvania are faced with
      farmers and how, if only the tariffs on                  earn less than a $1 an hour in Central                 some of the highest medical mal-
      very expensive U.S. agricultural ma-                     America. But that is what will happen                  practice insurance rates in the coun-
      chinery were removed, that additional                    if this is passed.                                     try. Because they cannot afford to pay
      10 or 15 percent on the cost, how the                       Time and time again, the experts, the               for malpractice insurance, many Penn-
      subsistence farmers who average less                     administrations, including the Demo-                   sylvania physicians are practicing de-
      than $1,000 a year will be buying                        cratic administration, the Clinton ad-                 fensive medicine or simply shutting
      $100,000, $500,000 pieces of farm equip-                 ministration, which was a total dis-                   their doors, moving to other states or
      ment. They will just trot right down to                  aster on trade, as bad as Bush and                     retiring. Young doctors establishing a
      the local bank, and I guess the bank                     maybe worse, they come to this Con-                    new practice are reluctant to consider
      will extend them a loan for a $500,000                   gress and they say if only, if only you                Pennsylvania because of malpractice
      piece of equipment they will never be                    will open up our borders, it will bring                insurance problems.
      able to pay for, and they will not be                    great wealth to the American people,                     Over 50 percent of Pennsylvanians
      able to afford fuel to put this.                         prosperity and jobs. And what it has                   say their family has had difficulty in
        Now, that is the same kind of false-                   brought is the loss of 3 million manu-                 paying the cost of health care or ob-
      hood we heard about NAFTA, that this                     facturing jobs, a deficit of $2 billion a              taining health insurance coverage.
      was going to be a boon for U.S. workers                  day in trade, and driven down wages in                 Since 2001, the cost of health insurance
      and manufactured goods because all                       countless industries across this coun-                 has risen 59 percent, and employers
      the people of Mexico would take all                      try where all the boss has to say is, you              who offer health care benefits are pay-
      their pesos, put them together, and                      will not take a pay cut? Not far to the                ing an average of 11 percent more for
      they could afford to buy almost as                       Mexican border. That is where your                     health insurance premiums than they
      much stuff as the people of New Jersey.                  plant is going. And they have done that                did in 2004. This is the fourth year in a
      In the case of CAFTA it is an even                       again and again and again. So we                       row of double digit increases with no
      smaller economy, less capability.                        should not extend this disaster one                    end in sight.
        He talked about how the factory                        more time. And when all the apologists                   From a national perspective, the sta-
      workers there are just waiting in line                   stand up and talk about all the wealth                 tistics are staggering. The Labor De-
      to buy American goods. Of course $0.40                   it is going to create, all the jobs and all            partment has recently reported that 3.7
      an hour, you are not going to be buying                  the exports, remember, they said ex-                   million new jobs were created since
      a lot of American goods or probably                      actly the same thing about the                         May of 2003, marking 25 consecutive
      not any. But they are working for a lot                  NAFTA. They said exactly the same                      months of positive job growth for the
      less than American production work-                      thing about China MFN and the WTO,                     U.S. economy. Unfortunately, there are
      ers.                                                     and they were wrong, and there is no                   41 million Americans who are without
        So what is going to happen with                        reason why they are not going to be                    health care insurance. Nearly 60 per-
      CAFTA? The same thing that happened                      wrong again, because they know that                    cent of the 41 million uninsured Ameri-
      with NAFTA. You are going to see U.S.                    what they are saying is not true. It is                cans are employed by small businesses
      capital flood south into Central Amer-                   just the way they have got to sell the                 or are dependent on someone who is
      ica so that they can produce things                      package here to benefit a few indus-                   employed by a small business. As
      that were once made here, textiles and                   tries to the disadvantage of the rest of               health care costs continue to increase,
      other things in the case of Central                      the people in this country.                            fewer employers and working families
      America and in all probability. In the                      It is time for a trade policy that                  will be able to obtain coverage, and the
      case of NAFTA, it was automobiles,                       makes sense for all the people of Amer-                number of uninsured will inevitably
      auto parts, it was a whole flood of                      ica, not just a treasured few who own                  rise. For a Nation of the 21st Century,
      things, washing machines, driers, other                  the stock and the factories of the mul-                and in a country that boasts the
      appliances. It all went to Mexico. They                  tinational corporations that have been                 world’s largest and most productive
      predicted that NAFTA, just like with                     profiting from our failures.                           economy, this is simply unacceptable.
      CAFTA, they said, oh, CAFTA is going                                       f                                      The skyrocketing cost of health care
      to be great for the American economy.                                                                           is making employer-sponsored health
      It will put people to work, create jobs.                    ASSOCIATION HEALTH PLANS                            coverage harder and harder for busi-
      They said the same thing about                             The SPEAKER pro tempore. Pursu-                      nesses, especially small businesses, to
      NAFTA. It was going to create a mil-                     ant to the order of the House of Janu-                 provide to their employees. This fact
      lion jobs. Instead it lost a million jobs.               ary 4, 2005, the gentleman from Penn-                  makes it nearly impossible for many
        Now, what they do is really tricky                     sylvania (Mr. FITZPATRICK) is recog-                   hard working families to receive af-
      when they talk about CAFTA. They                         nized during morning hour debates for                  fordable care that they need and de-
      talk about how they have studied it                      5 minutes.                                             serve.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                               H6385
        I am proud to say the House Repub-                      CENTRAL AMERICAN FREE TRADE                           know that if we are going to compete,
      licans have a plan to increase and im-                                 AGREEMENT                                it is important for us to implement
      prove America’s access to affordable                       The SPEAKER pro tempore. Pursu-                      hemispheric wide trade here so that we
      and high quality health care. Associa-                   ant to the order of the House of Janu-                 can compete with Asia and, specifi-
      tion Health Plans will help employers,                   ary 4, 2005, the gentleman from Cali-                  cally, with China.
      especially small business owners, af-                    fornia (Mr. DREIER) is recognized dur-                    One of the things we also know, Mr.
      ford quality health care for their em-                   ing morning hour debates for 5 min-                    Speaker, is that if you buy a shirt from
      ployees and their families, will im-                     utes.                                                  China it has a little more than 1 per-
      prove the quality of life and provide                      Mr. DREIER. Mr. Speaker, this week                   cent of U.S. content. If you buy a shirt
      much needed health security. AHPs ad-                    we will address one of the most impor-                 from Central America that is manufac-
      dress both health care access and cost                   tant national security issues of the                   tured in Central America, over 60 per-
      by allowing small businesses to create                   109th Congress. It also is an extraor-                 cent of it has U.S. content. So this
      associations that may jointly purchase                   dinarily important economic issue,                     agreement is going to enhance our abil-
      health insurance for their workers at a                  when it comes to the challenge of                      ity, not only as a Nation, but as a
      lower cost.                                              growth in this country and throughout                  hemisphere to be more competitive.
                                                               this hemisphere. I am talking of course                   We put together a wide range of
        Specifically, AHPs establish eligi-                    about the Dominican Republic Central                   agreements over the last several years,
      bility requirements so that all AHPs                     American Free Trade Agreement.                         bilateral agreements with Jordan,
      are required to offer fully-insured and/                   As I listened to my colleague from                   Singapore, Australia, Chile, Morocco.
      or self-insured benefits. AHPs encour-                   Oregon just a few minutes ago decry                    They have all been great bilateral
      age broad participation and coverage                     the problems of the North American                     agreements. But right now, Mr. Speak-
      by prohibiting discrimination of any                     Free Trade Agreement and the fact                      er, we have the opportunity to put to-
      kind against certain ‘‘high-risk’’ indi-                 that there will be overpromising when                  gether a very important multilateral
      viduals. AHPs will cover specific dis-                   it comes to the Central American Free                  agreement with six countries. That
      eases, maternal and newborn hos-                         Trade Agreement, I was struck by the                   also will lay the groundwork for the
      pitalization and mental health issues.                   fact that he really did not get the mes-               very important effort that we have
      AHPs will be exempt from costly and                      sage that was provided by that great                   that will begin in the coming days to
      burdensome state health insurance reg-                   former senator, democratic presi-                      proceed with the Doha round with the
      ulations to enable greater and more ef-                  dential candidate from Massachusetts,                  WTO in Geneva. Why? Because the goal
      fective coverage. AHPs will be finan-                    Paul Tsongas, who said, the problem                    as was set forth back in 1947 when the
      cially strong and responsible by reserv-                 with my democratic party is that they                  general agreement on tariffs and trade
      ing enough funds for potential costs                     love employees but they hate employ-                   was established was to eliminate tar-
      and other obligations.                                   ers.                                                   iffs. And we all know, Mr. Speaker,
                                                                 The fact of the matter is, if you look               that a tariff is a tax. And so cutting
        AHPs have enjoyed the support of a
                                                               all the way across the board, we know                  taxes enhances the standard of living
      wide coalition, including the U.S.
                                                               that globalization is inevitable. And as               and the quality of life for people. This
      Chamber of Commerce, the National
                                                               Prime Minister Singh said in his ad-                   is a win-win for the United States of
      Federation of Independent Businesses,
                                                               dress to us a week ago tomorrow, right                 America, for the Central American
      the American Farm Bureau, the Asso-
                                                               here in a joint session of Congress, we                countries, and for our region as a
      ciated Builders and Contractors, the
                                                               cannot ignore what is taking place in                  whole.
      Latino Coalition, the National Black
                                                               any other part of the world because of                    I hope very much that our colleagues
      Chamber of Commerce, the National                        the fact that the globe is shrinking.                  join in a strong bipartisan way, doing
      Association of Women Business Owners                       Now, Mr. Speaker, I am not going to                  exactly what we did in 1983 when we
      and the National Restaurant Associa-                     overpromise and say passage of the                     passed the Caribbean basin initiative.
      tion.                                                    Central American Free Trade Agree-                     Let us send this to the President so
        These organizations have endorsed                      ment is all of a sudden going to solve                 that it can be signed and so that we
      AHPs because AHPs will reduce health                     every ailment of society. But I do know                can have this win-win all the way
      insurance costs for employers. For ex-                   this, 22 years ago, we, with a huge bi-                around.
      ample, insurers selling directly to                      partisan vote passed the Caribbean                                      f
      small employers typically incur admin-                   Basin Initiative, which, instead of
      istrative costs of 20 to 25 percent. By                  sending aid, provided an opening, an                                   RECESS
      contrast, the Congressional Budget Of-                   opportunity for the Caribbean nations                    The SPEAKER pro tempore. Pursu-
      fice has estimated that small busi-                      to have access to the U.S. consumer                    ant to clause 12(a) of rule I, the Chair
      nesses that obtain insurance through                     market. That has helped us and it has                  declares the House in recess until 2
      AHPs will save an average of 13 per-                     helped them.                                           p.m. today.
      cent. Other estimates have indicated                       Right now, with the Central Amer-                      Accordingly (at 12 o’clock and 49
      cost savings could be as much as 25 per-                 ican Free Trade Agreement, all we are                  minutes p.m.), the House stood in re-
      cent. AHPs will significantly reduce                     saying is let us have a reciprocal ar-                 cess until 2 p.m.
      the number of uninsured Americans.                       rangement. 80 percent of the goods, in-
                                                                                                                                       f
      AHPs, according to a study by the Re-                    cluding 99 percent of agricultural prod-
      search Corporation, estimates that up                    ucts from Central America come tariff                                   b 1400
      to 8.5 million uninsured workers and                     free, tax free to U.S. consumer. That is
                                                                                                                                 AFTER RECESS
      dependents could gain coverage from                      a good thing. It has allowed us, Mr.
                                                               Speaker, to allow the high standard of                   The recess having expired, the House
      AHP legislation. And this study con-                                                                            was called to order by the Speaker pro
      firms even a small cost savings can re-                  living that we have as Americans.
                                                                 Now, what we are saying is, through                  tempore (Mr. KOLBE) at 2 p.m.
      sult in large increases in purchasing
                                                               this agreement, let us open up their                                    f
      power for all of our small businesses.
                                                               markets so that the 44 million con-
      The CBO has concluded, Mr. Speaker,                                                                                            PRAYER
                                                               sumers in the Dominican Republic and
      that Association Health Plan legisla-                                                                             The Chaplain, the Reverend Daniel P.
                                                               the 5 Central American countries can
      tion would extend insurance coverage                                                                            Coughlin, offered the following prayer:
                                                               have access to U.S. manufactured
      for up to two million uninsured Amer-                                                                             Loving God, bless all those who work
                                                               goods.
      ican workers with no cost to the gov-                      Now, one of the challenges that we                   for the U.S. House of Representatives.
      ernment.                                                 face, of course, is our competition that                 May all House Members and all who
        I encourage my colleagues to support                   is going on with the Pacific Rim. We,                  serve as their staff be instruments of
      the Small Business Health Insurance                      at the end of last week, saw finally                   consultation and wisdom to accomplish
      Act, H.R. 525, when it comes to the                      moves toward re-evaluation of the                      the legislative work of the American
      floor this week.                                         yuan, the Chinese currency. And we                     people.



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      H6386                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
        Renew this Nation in its trust of                        This historic agreement will elimi-                  minute and to revise and extend her re-
      Your divine providence and in the hon-                   nate tariffs and trade barriers and ex-                marks.)
      est trust of human relationships.                        pand regional opportunities for the                      Mrs. BIGGERT. Mr. Speaker, I rise
        Without trust there can be no open                     workers, manufacturers, consumers,                     today in strong support of the DR-
      society.                                                 farmers, and service providers of all                  CAFTA accord, not just because it is
        Trust allows us to seek knowledge,                     the countries.                                         good for America but because it is good
      experience, and personal wisdom from                                       f                                    for the businesses and workers in my
      others.                                                                                                         district in suburban Chicago.
                                                                        LANCE ARMSTRONG
        Trust builds strong partnerships in                                                                             Recently, I received a letter from one
      business and in government.                                (Mr. SAM JOHNSON of Texas asked
                                                                                                                      of the largest employers in my district.
        Trust helps us take down walls, re-                    and was given permission to address
                                                                                                                      He wrote to say that today the tariff he
      move barriers, and eliminate friction.                   the House for 1 minute and to revise
                                                                                                                      pays on one of the products he manu-
        Lord, make us a people who are                         and extend his remarks.)
                                                                 Mr. SAM JOHNSON of Texas. Mr.                        factures and sends to Guatemala is 5
      trustworthy and skilled in building                                                                             percent. If it enters the Dominican Re-
      trust.                                                   Speaker, it has been said that a quitter
                                                               never wins and a winner never quits.                   public, he pays 8 percent. And if it goes
        For this Chamber proclaims what                                                                               to Costa Rica, the tax is 14 percent.
                                                                 Seven-time winner of the Tour De
      America prays: ‘‘In God we trust’’ now                                                                            In his letter he pointed out that all
                                                               France, Lance Armstrong, embodies
      and forever. Amen.                                                                                              that will change on the day that DR-
                                                               these words. Raised in Plano, Texas,
                       f                                       Lance Armstrong has become a house-                    CAFTA goes into effect. Most tariffs on
                                                               hold name synonymous with sacrifice,                   U.S. manufactured goods, including the
                  THE JOURNAL                                                                                         product he wrote about, will be com-
                                                               victory, and courage.
        The SPEAKER pro tempore. The                             Most agree Lance’s biggest victory                   pletely eliminated. For his company,
      Chair has examined the Journal of the                    was defeating cancer. Lance has spread                 shareholders, and workers, it means
      last day’s proceedings and announces                     his message that ‘‘you too can help                    profits, greater competitiveness, and
      to the House his approval thereof.                       fight the disease and beat it.’’                       jobs.
        Pursuant to clause 1, rule I, the Jour-                  Many     now     where    his  yellow                  About 80 percent of the goods made
      nal stands approved.                                     Livestrong bracelets, with countless                   in DR–CAFTA countries already enter
                       f                                       dollars pouring into cancer research to                the U.S. duty free. Let us level the
                                                               help find a cure. He truly is a hero of                playing field and do something positive
           PLEDGE OF ALLEGIANCE                                hope.                                                  for our manufacturers and workers.
        The SPEAKER pro tempore. Will the                        I thank Lance Armstrong for all he                   Let us pass DR–CAFTA now.
      gentleman from Illinois (Mr. SHIMKUS)                    has done for the American spirit and
      come forward and lead the House in the                   the cancer community. His tenacity,                                     f
      Pledge of Allegiance.                                    courage, and strength are an inspira-
        Mr. SHIMKUS led the Pledge of Alle-                    tion. I congratulate him on his seventh
                                                                                                                             CAFTA AND ITS NEGATIVE
      giance as follows:                                       Tour De France victory. God bless him.
                                                                                                                               IMPACT ON LATINOS
        I pledge allegiance to the Flag of the                 I salute him.
      United States of America, and to the Repub-                                f                                      (Ms. SOLIS asked and was given per-
      lic for which it stands, one nation under God,                                                                  mission to address the House for 1
      indivisible, with liberty and justice for all.
                                                                        SUPPORTING EGYPT                              minute and to revise and extend her re-
                                                                 (Mr. ISSA asked and was given per-                   marks.)
                       f
                                                               mission to address the House for 1                       Ms. SOLIS. Mr. Speaker, today I rise
      CENTRAL AMERICAN FREE TRADE                              minute and to revise and extend his re-                in opposition to CAFTA because it is a
               AGREEMENT                                       marks.)                                                bad policy for families that I represent
                                                                 Mr. ISSA. Mr. Speaker, today the                     in my district, particularly Latino
        (Mr. SHIMKUS asked and was given                       President and countless others will be
      permission to address the House for 1                                                                           families not only in the United States
                                                               sending their condolences to the people                but in Central America.
      minute and to revise and extend his re-                  of Egypt. For the second time in less
      marks.)                                                                                                           CAFTA will outsource valuable
                                                               than a week, they have suffered a loss                 American jobs. In fact, in the last 10
        Mr. SHIMKUS. Mr. Speaker, I rise                       at the hands of terrorists, this time in
      today to highlight the benefits of the                                                                          years when we approved NAFTA, we
                                                               Sharm el-Sheik, the site of the historic               lost 1,000 jobs in my district alone.
      Central American Free Trade Agree-                       peace conference between Israel and
      ment to agricultural interests in my                                                                              CAFTA will destroy the jobs of sub-
                                                               the Palestinians that have led to the
      home State of Illinois.                                                                                         sistence for farmers and others who de-
                                                               quiet period and the hope for a Pales-
        As the number two soybean and soy                                                                             pend on the environment in Central
                                                               tinian state and for two peoples living
      products exporter, Illinois already                                                                             America.
                                                               side by side once and for all in peace.
      sends approximately $50 million worth                      It is amazing to me that Iraq’s first                  As the only member of Central Amer-
      of soy products per year to CAFTA                        Arab ambassador came from Egypt,                       ican descent, I think I do have the
      countries. The immediate duty-free ac-                   and yet this body seems to be always in                right to say that poverty there is still
      cess for some products and reductions                    doubt about whether or not Egypt is                    something that is very real for many of
      in tariffs on others are expected to sig-                our ally, whether or not military sup-                 the people that live in Central America
      nificantly improve opportunities for Il-                 port is necessary for this largest Arab                and particularly they will be most af-
      linois soybeans and their products.                      nation anywhere in the world. I believe                fected, whether it is their health care,
        Illinois corn farmers are the Nation’s                 today after the assassination of their                 access to medicines, whether it is farm-
      number two exporter of feed grains.                      ambassador in Iraq, after the attacks                  ing jobs there. All that is at stake for
      U.S. corn exports to CAFTA countries                     in Sharm el-Sheik, after so many times                 people in Central America.
      will benefit from reduced tariffs and                    Egypt has been there for us and paid a                   I am afraid to say that if we take
      duty-free access for corn products. In                   price, we should reflect on this special               away those opportunities, those indi-
      total, CAFTA countries are already Il-                   relationship and be glad that this Arab                viduals might want to come here to
      linois’ 22nd largest export market, ac-                  nation is there for us in our time of                  this country. And I know that there is
      counting for more than $211 million in                   need.                                                  a movement here in this country to say
      exports in 2004. After the first year of                                                                        close the borders, but at the same time
                                                                                 f
      CAFTA implementation, Illinois is ex-                                                                           we are sending signals that we are
      pected to realize $79 million in in-                     DOMINICAN       REPUBLIC-CENTRAL                       going to be helping the very wealthy in
      creased output across all industries in                    AMERICAN FREE TRADE AGREE-                           these countries and not those who need
      the State and $24 million in increased                     MENT                                                 it very much.
      employees earnings and nearly 700 new                      (Mrs. BIGGERT asked and was given                      So I would oppose CAFTA and ask
      jobs created.                                            permission to address the House for 1                  my colleagues to do so as well.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                               H6387
      ANNOUNCEMENT BY THE SPEAKER                                Whereas the suffragists were often arrested            Mr. Speaker, the story of the women
                  PRO TEMPORE                                  and sent to jail, where many of them went              suffragists included many excruciating
                                                               on hunger strikes;                                     chapters, but its tumultuous activities
        The SPEAKER pro tempore. On July                         Whereas almost 5,000 people paraded for
      24, 1998, at 3:40 p.m., Officer Jacob J.                                                                        and its conclusion is a credit to democ-
                                                               women’s suffrage up Pennsylvania Avenue in
      Chestnut and Detective John M. Gib-                      Washington, DC; and                                    racy and the ability to adapt and im-
      son of the United States Capitol Police                    Whereas on August 26, 1920, the 19th                 prove.
      were killed in the line of duty defend-                  Amendment to the United States Constitu-                 For all these reasons, I strongly urge
      ing the Capitol against an intruder                      tion granted women in the United States the            my colleagues to support the adoption
                                                               right to vote: Now, therefore, be it                   of this measure.
      armed with a gun.                                          Resolved by the Senate and House of Rep-
        Later today the Chair will recognize                                                                            Mr. Speaker, I reserve the balance of
                                                               resentatives of the United States of America in
      the anniversary of this tragedy by ob-                                                                          my time.
                                                               Congress assembled, That it is the sense of
      serving a moment of silence in their                     Congress that women suffragists should be                Mr. DAVIS of Illinois. Mr. Speaker, I
      memory.                                                  revered and celebrated for working to ensure           yield myself such time as I may con-
                                                               the right of women to vote in the United               sume.
                       f                                       States.                                                  Mr. Speaker, I am pleased to join
      ANNOUNCEMENT BY THE SPEAKER                                The SPEAKER pro tempore. Pursu-                      with my colleague in consideration of
                  PRO TEMPORE                                  ant to the rule, the gentleman from                    H.J. Res 59, expressing the sense of
        The SPEAKER pro tempore. Pursu-                        California (Mr. ISSA) and the gen-                     Congress with respect to the establish-
      ant to clause 8 of rule XX, the Chair                    tleman from Illinois (Mr. DAVIS) each                  ment of an appropriate day for the
                                                               will control 20 minutes.                               commemoration of the women suffra-
      will postpone further proceedings
                                                                 The Chair recognizes the gentleman                   gists who fought for and won the right
      today on motions to suspend the rules                    from California (Mr. ISSA).
      on which a recorded vote or the yeas                                                                            of women to vote in the United States.
                                                                 Mr. ISSA. Mr. Speaker, I yield myself                  Mr. Speaker, the women’s rights
      and nays are ordered, or on which the                    such time as I may consume.                            movement began in the mid-1800s when
      vote is objected to under clause 6 of                      Mr. Speaker, on behalf of the Com-                   women     such    as   Sarah     Grimke,
      rule XX.                                                 mittee on Government Reform, I rise                    Angelina Grimke, Lucy Stone, Abby
        Record votes on postponed questions                    in support of House Joint Resolution                   Kelly, Lucretia Mott, and Sojourner
      will be taken after 6:30 p.m. today.                     59. This legislation, introduced by the                Truth found it necessary to speak out
                       f                                       distinguished gentlewoman from Las                     for women’s rights because they were
                                                               Vegas, Nevada (Ms. BERKLEY) recog-                     not allowed to participate equally with
      EXPRESSING SENSE OF CONGRESS                             nizes women’s suffrage as a great mile-
        WITH RESPECT TO COMMEMORA-                                                                                    men in anti-slavery and temperance re-
                                                               stone in our Nation’s history.
        TION OF WOMEN SUFFRAGISTS                                                                                     form movements.
                                                                 The resolution specifically intends to
                                                                                                                        The right to vote was not their origi-
        Mr. ISSA. Mr. Speaker, I move to                       commemorate the struggle waged by
                                                               suffragists such as Sojourner Truth,                   nal focus. A convention held in Seneca
      suspend the rules and pass the joint
                                                               Lucretia Mott, Elizabeth Cady Stan-                    Falls, New York in 1848 changed that.
      resolution (H.J. Res. 59) expressing the
                                                               ton, and Susan B. Anthony as a cul-                    It was at that historic event that the
      sense of Congress with respect to the
                                                               mination in women’s earning the right                  women’s suffrage movement formally
      establishment of an appropriate day for
                                                               to vote. Many people reviled social re-                began.
      the commemoration of the women suf-
      fragists who fought for and won the                      formers like these women leaders in                                     b 1415
      right of women to vote in the United                     the mid-19th Century. Today, however,                    The movement culminated with the
      States, as amended.                                      they rightfully celebrate the fight to                 passage of the 19th amendment to the
        The Clerk read as follows:                             end this injustice.                                    Constitution in 1920.
                       H.J. RES. 59                              I appreciate the gentlewoman from                      Suffragists employed a variety of ar-
                                                               Nevada’s work in further recognizing                   guments to press their case. Some ar-
        Whereas one of the first public appeals for
                                                               the legacy of the American civil rights
      women’s suffrage came in 1848 when Lucretia                                                                     gued from the basis of natural law, ar-
      Mott and Elizabeth Cady Stanton called a                 movement.
                                                                                                                      guing equality for all. Some argued on
      women’s rights convention in Seneca Falls,                 From the women’s rights meeting
                                                               called by Mott and Stanton in Seneca                   the grounds that women were com-
      New York, on July 19, 1848;                                                                                     pelled to pay taxes on the property
        Whereas Sojourner Truth gave her famous                Falls, New York in 1848 until the ratifi-
      speech titled ‘‘Ain’t I a Woman?’’ at the 1851           cation of the 19th amendment in 1920,                  they owned and, therefore, should not
      Women’s Rights Convention in Akron, Ohio;                the determination of these women was                   be subject to the injustice of taxation
        Whereas in 1869, suffragists formed two na-            as strong and has endured as any in our                without representation.
      tional organizations to work for the right to            history. To earn the right to vote,                      Susan B. Anthony, Elizabeth Cady
      vote: the National Woman Suffrage Associa-
                                                               these women chained themselves to the                  Stanton, and Lucretia Mott were
      tion and the American Woman Suffrage As-                                                                        among the most well-known suffrag-
      sociation;                                               White House gates. They went on hun-
                                                               ger strikes. They participated in                      ettes who pushed for a constitutional
        Whereas these two organizations united in                                                                     amendment. These women emerged as
      1890 to form the National American Woman                 marches and often were arrested and
      Suffrage Association;                                    jailed for their disobedient action.                   the leaders of the movement and
        Whereas in 1872, Susan B. Anthony and a                  Despite the difficult obstacles and re-              helped to secure the right to vote for
      group of women voted in the presidential                 sistance they faced, suffragists re-                   all women in America.
      election in Rochester, New York;                         mained committed to giving women                         Mr. Speaker, I want to commend my
        Whereas she was arrested and fined for vot-            the equal voice in American politics.                  colleagues, and specifically the gentle-
      ing illegally;                                           Their victory was finally secured when                 woman from Nevada (Ms. BERKLEY), for
        Whereas at her trial, which attracted na-                                                                     bringing this bill to the Floor today.
      tionwide attention, she made a speech that
                                                               Secretary of State Colby certified the
                                                               ratification of the 19th amendment to                  We should never forget how our coun-
      ended with the slogan ‘‘Resistance to Tyr-
      anny Is Obedience to God’’;                              the United States Constitution on Au-                  try has emerged to being a representa-
        Whereas on January 25, 1887, the United                gust 26, 1920. The joint resolution under              tive democracy, knowing full well that
      States Senate voted on women’s suffrage for              consideration marks the 19th amend-                    we have not totally achieved every-
      the first time;                                          ment’s upcoming 85th anniversary on                    thing that we wants to achieve, but we
        Whereas during the early 1900s, a new gen-             August 26.                                             are continuing to try and form a more
      eration of leaders joined the women’s suf-                 The 19th amendment reads: ‘‘The                      perfect Union.
      frage movement, including Carrie Chapman                 rights of citizens of the United States                  Mr. Speaker, I urge support for this
      Catt, Maud Wood Park, Lucy Burns, Alice                  to vote shall not be denied or abridged                bill.
      Paul, and Harriot E. Blatch;
        Whereas women’s suffrage leaders devoted
                                                               by the United States or by any State                     Mr. Speaker, I yield back the balance
      most of their efforts to marches, picketing,             on account of sex.’’ This single, time-                of my time
      and other active forms of protest;                       less sentence ensured that our democ-                    Mr. ISSA. Mr. Speaker, I have no fur-
        Whereas Alice Paul and others chained                  racy would never again restrict women                  ther speakers at this time, and I urge
      themselves to the White House fence;                     from voting for their leaders.                         adoption of House Joint Resolution 59.



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      H6388                                              CONGRESSIONAL RECORD — HOUSE                                                            July 25, 2005
         Mrs. JONES of Ohio. Mr. Speaker, I rise               for all those aspiring to public service, and I        tional Association of Insurance and Finan-
      today to honor all the women, particularly the           am hopeful and confident that in my lifetime           cial Advisors (NAIFA), and a coalition rep-
      African-American women who participated in               there will be full parity between men and              resenting hundreds of leading life insurance
                                                                                                                      companies and organizations have des-
      the suffrage movement, in the 19th and 20th              women in this legislative institution.
                                                                                                                      ignated September 2005 as ‘‘Life Insurance
      centuries.                                                  Commemorating these brave suffragists re-           Awareness Month’’, the goal of which is to
         The historic women’s rights convention in             minds us of the hard fight for gender equality         make consumers more aware of their life in-
      Seneca Falls, NY, in 1848 first brought the              and the ongoing struggle today. Women con-             surance needs, seek professional advice, and
      issue of women’s suffrage to the forefront of            tinue to face discrimination in the workplace,         take the actions necessary to achieve the fi-
      the women’s rights movement. This con-                   where women make less money and are pro-               nancial security of their loved ones: Now,
      ference ignited passion for women nationwide             moted less frequently. In government, women,           therefore, be it
      to pursue a right they have previously been              despite great gains, are underrepresented in             Resolved by the House of Representatives (the
                                                                                                                      Senate concurring), That the Congress—
      denied for far too long.                                 every branch and at every level.                         (1) supports the goals and ideals of Life In-
         A second convention held in Akron, OH, in                By passing this resolution, the House not           surance Awareness Month; and
      1851, not far from my district in Cleveland,             only honors the women who won passage of                 (2) calls on the Federal Government,
      was equally historic for the powerful speech             the 19th amendment, but it also sends a clear          States, localities, schools, nonprofit organi-
      given by Sojourner Truth, entitled ‘‘Ain’t I a           message that we are committed to eliminating           zations, businesses, other entities, and the
      woman?’’ Her rousing oratory and trying per-             the inequalities that women face today. I urge         people of the United States to observe the
      sonal experiences provided a unique perspec-             my colleagues to support H.J. Res. 59.                 month with appropriate programs and activi-
      tive to both women’s rights as well as the in-              Mr. ISSA. Mr. Speaker, I yield back                 ties.
      stitution of slavery.                                    the balance of my time.                                  The SPEAKER pro tempore. Pursu-
         Another historic female figure, Harriet Tub-             The SPEAKER pro tempore (Mr.                        ant to the rule, the gentleman from
      man, spoke of her desire for women’s rights              KOLBE). The question is on the motion                  California (Mr. ISSA) and the gen-
      while she was a slave runaway. Ms. Tubman,               offered by the gentleman from Cali-                    tleman from Illinois (Mr. DAVIS) each
      as many other African-American women, cor-               fornia (Mr. ISSA) that the House sus-                  will control 20 minutes.
      rectly recognized the hypocrisy in the patron-           pend the rules and agree to the joint                    The Chair recognizes the gentleman
      age of women even after the abolition of slav-           resolution, H.J. Res. 59, as amended.                  from California (Mr. ISSA).
      ery. The shackles of subservience still                     The question was taken.                               Mr. ISSA. Mr. Speaker, I yield such
      weighed down on African-American women at                   The SPEAKER pro tempore. In the                     time as she may consume to the gen-
      that time.                                               opinion of the Chair, two-thirds of                    tlewoman from Illinois (Mrs. BIGGERT),
         Although the 19th amendment, which ex-                those present have voted in the affirm-                the author of this bill.
      tended voting rights to include women, was               ative.                                                   Mrs. BIGGERT. Mr. Speaker, I thank
                                                                  Mr. ISSA. Mr. Speaker, on that I de-                the gentleman from California for
      not passed until 1920 the indispensable con-
                                                               mand the yeas and nays.                                yielding me this time.
      tributions from African-American women
                                                                  The yeas and nays were ordered.                       Mr. Speaker, I rise today to urge my
      helped usher in the long overdue law. With the                                                                  colleagues to support House Concur-
      passage of this amendment came a big step                   The SPEAKER pro tempore. Pursu-
                                                               ant to clause 8 of rule XX and the                     rent Resolution 181, which supports the
      toward the gradual deterioration of a system of                                                                 goals and ideals of National Life Insur-
      patronage that has made the battle for gender            Chair’s prior announcement, further
                                                               proceedings on this motion will be                     ance Awareness Month, September of
      equality an uphill climb.                                                                                       2005.
         It gives me great pride to rise with the my           postponed.
                                                                                                                        I want to thank my friend and col-
      fellow congressional colleagues to honor the                               f                                    league, the gentleman from Pennsyl-
      women who fought tirelessly for this amend-              SUPPORTING       THE     GOALS    AND                  vania (Mr. KANJORSKI), the Ranking
      ment.                                                      IDEALS OF NATIONAL LIFE IN-                          Member of the Committee on Financial
         Mr. HONDA. Mr. Speaker, I rise in strong                SURANCE AWARENESS MONTH                              Services Subcommittee on Capital
      support of H.J. Res. 59 introduced by my                                                                        Markets, Insurance, and Government
      friend and colleague, Congresswoman SHEL-                  Mr. ISSA. Mr. Speaker, I move to
                                                               suspend the rules and agree to the con-                Sponsored Enterprises, and a member
      LEY BERKLEY, and I commend her for intro-                                                                       of the Financial and Economic Lit-
      ducing this bill.                                        current resolution (H. Con. Res. 181)
                                                               supporting the goals and ideals of Na-                 eracy Caucus, for introducing this reso-
         The battle for suffrage began in earnest in                                                                  lution with me for a second year, and
      1848, when Lucretia Mott and Elizabeth Cady              tional   Life   Insurance    Awareness
                                                                                                                      for his support on this issue.
      Stanton organized a convention in Seneca                 Month, and for other purposes, as
                                                                                                                        I also want to thank the gentleman
      Falls, NY, to advance women’s rights. Their              amended.
                                                                                                                      from Virginia (Mr. DAVIS) for expedi-
      struggle continued for 72 years, until August              The Clerk read as follows:
                                                                                                                      tiously moving this resolution through
      18, 1920, when ratification of the 19th amend-                          H. CON. RES. 181
                                                                                                                      the Committee on Government Reform.
      ment to the United States Constitution finally              Whereas life insurance is an essential part         In addition, I would like to thank Sen-
      gave women the right to vote.                            of a sound financial plan;                             ator CHAMBLISS for working with us on
         Like other civil rights campaigns, the fight             Whereas life insurance provides financial
                                                               security for families in the event of a pre-
                                                                                                                      this side of the Capitol to craft iden-
      for suffrage required strong and principled in-                                                                 tical resolutions with both bipartisan
                                                               mature death by helping surviving family
      dividuals who risked health, wealth, and soci-           members to meet immediate and longer-                  and bicameral support.
      etal denigration. Susan B. Anthony and her               term financial obligations and objectives;               Mr. Speaker, House Concurrent Reso-
      fellow activists were fearless in their efforts to          Whereas nearly 50,000,000 Americans say             lution 181 calls on the Nation to ob-
      win the right to vote in the 19th century. Their         they lack the life insurance coverage needed           serve the month of September as Life
      courage inspired a new generation of suffra-             to ensure a secure financial future for their          Insurance Awareness Month. A number
      gists, including Carrie Chapment Catt, Maud              loved ones;                                            of associations, including the Life and
      Wood Park, Lucy Burns, and Alice Paul, and                  Whereas recent studies have found that              Health Insurance Foundation for Edu-
      Harriott E. Blatch, who would not allow them-            when a premature death occurs, insufficient
                                                                                                                      cation, the National Association of In-
                                                               life insurance coverage on the part of the in-
      selves to be silenced despite harassment and             sured results in three-fourths of surviving            surance and Financial Advisors, the
      arrest. Their efforts resonated nationwide, and          family members having to take measures                 American Council of Life Insurers, and
      in 1920 they achieved their goal: political              such as working additional jobs or longer              a coalition representing hundreds of
      equality for women.                                      hours, borrowing money, withdrawing money              leading life insurance companies and
         We must not forget their struggle or under-           from savings and investment accounts, and,             organizations have designated Sep-
      value their achievement. The 19th amendment              in too many cases, moving to smaller, less             tember 2005 as Life Insurance Aware-
      makes for a more equitable society and for a             expensive housing;                                     ness Month.
      more truly representative government. In fact,              Whereas individuals, families, and busi-              Our collective goal for the month is
                                                               nesses can benefit greatly from professional
      the number of women serving in national,                                                                        to make consumers more aware of
                                                               insurance and financial planning advice, in-
      State and local elected office has steadily in-          cluding the assessment of their life insur-            their life insurance needs, seek profes-
      creased. The 109th Congress has 83 female                ance needs; and                                        sional advice, and take the actions nec-
      Members, including House Democratic Leader                  Whereas the Life and Health Insurance               essary to achieve financial security for
      NANCY PELOSI. Leader PELOSI is a role model              Foundation for Education (LIFE), the Na-               their families.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                    H6389
         Life insurance is too often thought of                surance coverage. This reality puts                      Whereas William Jefferson Clinton cam-
      only when it is too late. Over half of                   countless families at risk of losing                   paigned for and won the Democratic nomina-
      adult Americans do not have a life in-                   their assets in the event of a wage-                   tion for President in 1992;
                                                                                                                        Whereas William Jefferson Clinton was
      surance policy, and among those who                      earner’s unexpected death.
                                                                                                                      elected the 42d President of the United
      do have life insurance, the amount is                       Mr. KANJORSKI. Mr. Speaker, I rise today            States in 1992 and was reelected for a second
      often too small to safeguard the finan-                  to offer my thoughts about House Concurrent            term in 1996;
      cial futures of their loved ones. Life in-               Resolution 181, which I helped to introduce              Whereas during William Jefferson Clin-
      surance can provide financial security                   with my colleague, the gentlelady from Illinois        ton’s time in office the United States experi-
      for every American family that incurs                    (Mrs. BIGGERT). House Concurrent Resolution            enced 8 years of economic expansion, job
      the untimely death of a loved one.                       181 would designate September as National              growth, and the transformation of a budget
         This September, during Life Insur-                    Life Insurance Awareness Month.                        deficit into a budget surplus;
                                                                                                                        Whereas William Jefferson Clinton rallied
      ance Awareness Month, I will join my                        Life insurance is a financial planning tool
                                                                                                                      the members of the North Atlantic Treaty
      colleagues and many life insurance or-                   that all families should explore. It can provide       Organization to put an end to ethnic cleans-
      ganizations and advocates to encourage                   security in the event of an untimely death. In         ing in the Balkans and to depose the mur-
      Americans to seek out information                        families where a premature death occurs, sur-          derous regime of Slobodan Milosevic, actions
      about the benefits of life insurance so                  viving family members are often required to            which eventually led to the signing of the
      that if the premature death of a loved                   work additional jobs or longer hours, borrow           Dayton Peace Accords;
      one does occur, they will be spared the                  money, withdraw money from savings and in-               Whereas William Jefferson Clinton played
      economic hardships that often accom-                     vestment accounts, and, in too many cases,             a major role in the Good Friday Peace Ac-
                                                                                                                      cords which finally brought peace to war-
      pany tragedy.                                            move to smaller, less expensive housing.
                                                                                                                      torn Northern Ireland;
         I ask my colleagues to join me in                        By designating September as National Life             Whereas William Jefferson Clinton and
      supporting the goals and ideals of Na-                   Insurance Awareness Month, we will hopefully           former President George H. W. Bush were ap-
      tional     Life   Insurance    Awareness                 highlight the importance of this financial instru-     pointed to lead the United States effort to
      Month, September 2005.                                   ment for the nearly 50 million Americans who           provide private aid to the victims of the dev-
         Mr. DAVIS of Illinois. Mr. Speaker, I                 presently lack the life insurance coverage             astating tsunami that struck southeast Asia
      yield myself such time as I may con-                     needed to meet the long-term financial needs           on December 26, 2004; and
      sume.                                                    of their families.                                       Whereas, in the words of President George
         Mr. Speaker, I rise in support of H.                                                                         W. Bush, William Jefferson Clinton ‘‘showed
                                                                  In closing, Mr. Speaker, I urge my col-
      Con. Res. 181, which expresses the sense                                                                        a deep and far-ranging knowledge of public
                                                               leagues to support this important resolution to        policy, a great compassion for people in
      of Congress regarding the importance                     promote financial literacy.                            need, and the forward-looking spirit the
      of life insurance.                                          Mr. ISSA. Mr. Speaker, I yield back                 Americans like in a President’’: Now, there-
         Life insurance provides financial se-                 the balance of my time.                                fore, be it
      curity for families in the event of a                       The SPEAKER pro tempore. The                          Resolved, That the House of Representa-
      premature death by helping surviving                     question is on the motion offered by                   tives honors former President William Jef-
      family members to meet immediate                         the gentleman from California (Mr.                     ferson Clinton on the occasion of his 59th
      and long-term financial obligations                                                                             birthday on August 19, 2005, and extends best
                                                               ISSA) that the House suspend the rules                 wishes to him and his family.
      and objectives.                                          and agree to the concurrent resolution,
         Fifty million Americans say they                      H. Con. Res. 181, as amended.                            The SPEAKER pro tempore. Pursu-
      lack the life insurance coverage needed                     The question was taken.                             ant to the rule, the gentleman from
      to ensure a secure financial future for                     The SPEAKER pro tempore. In the                     California (Mr. ISSA) and the gen-
      their loved ones. Yet the need for life                  opinion of the Chair, two-thirds of                    tleman from Illinois (Mr. DAVIS) each
      insurance is well documented.                            those present have voted in the affirm-                will control 20 minutes.
         Recent studies have found that when                   ative.                                                   The Chair recognizes the gentleman
      a premature death occurs, insufficient                      Mr. ISSA. Mr. Speaker, on that I de-                from California (Mr. ISSA).
      life insurance coverage on the part of                   mand the yeas and nays.                                  Mr. ISSA. Mr. Speaker, I yield myself
      the deceased often results in the sur-                      The yeas and nays were ordered.                     such time as I may consume.
      viving family members being placed                          The SPEAKER pro tempore. Pursu-                       Mr. Speaker, on behalf of the distin-
      under an insurmountable burden, forc-                    ant to clause 8 of rule XX and the                     guished author of House Resolution
      ing family members to take on extra                      Chair’s prior announcement, further                    329, the gentlewoman from New York
      jobs, work longer hours, borrow money,                   proceedings on this motion will be                     (Mrs. MALONEY), and the entire House
      and spend less time with their families.                 postponed.                                             of Representatives, I wish President
      This takes place at a time when spend-                                                                          William Jefferson Clinton a happy 59th
                                                                                 f
      ing time with loved ones is important                                                                           birthday.
      to healing and recovering from the                       HONORING      FORMER        PRESIDENT                    House Resolution 329 would honor
      tragedy of losing a family member.                         WILLIAM JEFFERSON CLINTON                            President Clinton on the occasion of
         By designating a month each year as                     ON THE OCCASION OF HIS 59TH                          his 59th birthday on August 19th. It
      Life Insurance Awareness Month, we                         BIRTHDAY                                             would furthermore commend President
      are establishing just how important it                     Mr. ISSA. Mr. Speaker, I move to                     Clinton’s continued commitment to
      is to families to learn and educate                      suspend the rules and agree to the reso-               public service and world leadership.
      themselves about life insurance. As a                    lution (H. Res. 329) honoring former                   Since the House will be out of session
      society, we must take steps to make                      President William Jefferson Clinton on                 in August, I would like to thank the
      sure that our children are provided for                  the occasion of his 59th birthday.                     House leadership for scheduling this
      and are safe.                                              The Clerk read as follows:                           resolution for early consideration
         By supporting Life Insurance Aware-                                    H. RES. 329
                                                                                                                      today and support the resolution’s
      ness Month, we are signaling to the                                                                             adoption.
                                                                 Whereas former President William Jeffer-
      American people that this is an impor-                   son Clinton was born in Hope, Arkansas, on
                                                                                                                        Mr. Speaker, I reserve the balance of
      tant issue that they should consider in                  August 19, 1946;                                       my time.
      their financial planning.                                  Whereas William Jefferson Clinton at-                  Mr. DAVIS of Illinois. Mr. Speaker, I
         Mr. Speaker, I yield back the balance                 tended Georgetown University as an under-              yield myself such time as I may con-
      of my time.                                              graduate and received a Rhodes Scholarship             sume.
         Mr. ISSA. Mr. Speaker, I yield myself                 in 1968;                                                 Mr. Speaker, as someone who grew
      such time as I may consume.                                Whereas William Jefferson Clinton re-                up, went to school, and still have
         I urge all of my colleagues to support                ceived a law degree from Yale University in            strong family ties in the State of Ar-
                                                               1973;
      the adoption of House Concurrent Res-                                                                           kansas, it is with great pride that I
                                                                 Whereas William Jefferson Clinton estab-
      olution 181 that emphasizes the signifi-                 lished a record of public service as Attorney          stand to celebrate and honor the life of
      cance of life insurance. I support this                  General of Arkansas, Governor of Arkansas,             a man who epitomizes the American
      resolution. Today as many as 50 mil-                     and Chairman of the National Governors As-             dream: President William Jefferson
      lion Americans currently lack life in-                   sociation;                                             Clinton.



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      H6390                                              CONGRESSIONAL RECORD — HOUSE                                                           July 25, 2005
        Born in the tiny town of Hope, Ar-                     tory any great personal wealth before                  liam Jefferson Clinton in a very simi-
      kansas, on August 19, 1946, President                    he got involved in doing public service.               lar way on his 58th birthday. Then we
      Clinton demonstrated from an early                       Noplace did I find any great family                    were doing it, to a great extent, be-
      age the determination and vision that                    pedigree. He was simply a person who                   cause of his quadruple bypass. It
      would ultimately take him to the                         used himself as effectively as he could                seemed appropriate to honor this im-
      White House and enable him to lead                       to become one of the most influential                  mediate former President in a time of
      our country to a period of economic                      persons in the history of our country. I               personal and family concern.
      prosperity that has been unrivaled in                    wish him a happy birthday.                               This year, though, we honor Presi-
      American history.                                           Mr. Speaker, I will include for the                 dent Clinton for what he has done since
        As a man who always fought for                         RECORD the statement of the gentle-                    that time, coming out of the hospital,
      those who could not always fight for                     woman         from      New       York      (Mrs.      coming to the aid of people around the
      themselves, Bill Clinton spurned pri-                    MALONEY).                                              world, but particularly in Asia after
      vate practice after graduating from                         Mrs. MALONEY. Mr. Speaker, on August                the December 26 earthquake and tsu-
      Yale Law School and began a career in                    19th, William Jefferson Clinton, our 43rd presi-       nami. President Clinton and President
      public service. He began his political                   dent, will celebrate his 59th birthday—today,          Bush, former President Bush, have
      career after being elected attorney                      we honor him. We honor him not just for being          shown the value of former Presidents.
      general of Arkansas in 1976. He went on                  one of 43 Americans to have led history’s                President Clinton’s leadership in this
      to serve as Governor and by the time                     greatest Nation from its highest office, we            very elite former Presidents’ club is a
      Governor Clinton left Arkansas for the                   honor him for the legacy the current President         tribute to what can be done by people
      White House, the State of Arkansas                       Bush described as, ‘‘a deep and far-ranging            who stay engaged and involved. And so
      had been transformed from a State                        knowledge of public policy, a great compas-            although it is likely that most people
      that faced large deficits and polarizing                 sion for people in need, and the forward-look-         know that I probably did not vote for
      issues into a shining example of what                    ing spirit Americans like in a President.’’            President Clinton in either of his elec-
      government can do for its citizens                          Since his last birthday, President Clinton          tions, I certainly would be happy to
      when those in government put aside                       characteristically responded to one of the most        vote today to honor the President on
      partisan differences in the interest of                  devastating natural disasters in modem history         his 59th birthday because of what he
      what is right.                                           with the compassion for people in need that            has done since leaving the White
        As America’s 42nd President, Bill                      President Bush talked about. In the aftermath          House.
      Clinton faced an even more daunting                      of the tsunami in Southeast Asia, President              Mr. Speaker, I yield back the balance
      task than the one he faced as Gov-                       Clinton showed the diplomacy and humanity              of my time.
      ernor. In 1992, the American people                      he has always displayed in a career filled with          The SPEAKER pro tempore (Mr.
      were fed up with government. The                         good works. Together with former President             KOLBE). The question is on the motion
      economy was in bad shape, unemploy-                      Bush, President Clinton helped generate bil-           offered by the gentleman from Cali-
      ment was at a record high, and it was                    lions of dollars in donations for the tsunami-         fornia (Mr. ISSA) that the House sus-
      a time when many American parents                        torn nations. As a representative of our gen-          pend the rules and agree to the resolu-
      struggled with basic financial deci-                     erous and caring Nation, he showed the world           tion, H. Res. 329.
      sions, such as what holiday presents                     America’s compassion. And he and former                  The question was taken; and (two-
      they could afford to buy their children.                 President Bush rolled up their sleeves and lent        thirds having voted in favor thereof)
      By the time President Clinton left of-                   helping hands to the recovery efforts when             the rules were suspended and the reso-
      fice 8 years later, he had led our coun-                 they traveled to southeast Asia.                       lution was agreed to.
      try out of this darkness and into one of                    In two terms in the White House, President            A motion to reconsider was laid on
      the brightest eras in American history,                  Clinton stewarded our Nation’s longest-ever            the table.
      a time that was marked by the lowest                     economic expansion, largest-ever budget sur-
                                                                                                                                       f
      unemployment rate in modern times,                       plus, and the growth of 22 million jobs. He
      the lowest inflation rate in 30 years,                   helped broker the Good Friday Accords for              SUPPORTING GOALS AND IDEALS
      the highest homeownership rate in                        Northern Ireland, engaged in Middle East                 OF NATIONAL HEALTH CENTER
      United States history, and dropping                      peace talks, and brought an end to ethnic                WEEK
      crime rates in many American cities.                     cleansing in the Balkans. And he encouraged              Mr. ISSA. Mr. Speaker, I move to
      Contrary to the unjustified stereotype                   Americans to care for their fellow man and             suspend the rules and agree to the reso-
      thrown at Democrats, President Clin-                     woman, creating AmeriCorps, which engages              lution (H. Res. 289) supporting the
      ton proposed the first balanced budget                   more than 50,000 Americans each year in                goals and ideals of National Health
      in decades. He balanced the budget, and                  community service.                                     Center Week in order to raise aware-
                                                                  We in Congress are thankful that President          ness of health services provided by
      then went on to produce a surplus.
        Since leaving office, President Clin-                  Clinton’s health has improved since his recent         community, migrant, public housing,
      ton has continued his lifelong odyssey                   heart surgeries, and we pray that he continues         and homeless health centers, and for
      of working for those in need. Working                    to be healthy and strong.                              other purposes, as amended.
                                                                  Mr. Speaker, I would like to thank Chairman           The Clerk read as follows:
      from his office in Harlem, President
                                                               DAVIS and the House leadership for bringing
      Clinton has remained engaged in many                                                                                              H. RES. 289
                                                               this resolution to the floor in time for President
      social issues. In July, President Clin-                                                                           Whereas community, migrant, public hous-
                                                               Clinton’s birthday.
      ton addressed the United Nations Eco-                                                                           ing, and homeless health centers are non-
                                                                  Mr. Speaker, from his birth in a town called
      nomic and Social Council in an effort                                                                           profit, community owned and operated
                                                               Hope in the State of Arkansas, to his edu-             health providers and are vital to the Na-
      to sustain the momentum on the recov-
                                                               cation at Georgetown University, Oxford and            tion’s communities;
      ery efforts in regions devastated by
                                                               Yale Law School, to his service in Arkansas              Whereas there are more than 1,000 such
      last December’s tsunami. In 2003, he
                                                               as attorney general, Governor and chairman             health centers serving more than 15,000,000
      brokered an historic agreement with                                                                             people in over 3,600 communities;
                                                               of the National Governors Association, to his
      four generic drug companies in order to                                                                           Whereas such health centers are found in
                                                               two terms as President of the United States to
      provide low-cost AIDS drugs in devel-                                                                           urban and rural communities in all 50
                                                               now, as a private citizen still showing the
      oping countries.                                                                                                States, the District of Columbia, Puerto
                                                               world humanity and compassion, we honor
        The world is a better place today be-                                                                         Rico, Guam, and the Virgin Islands;
                                                               President Clinton.                                       Whereas such health centers have provided
      cause of the 59 years President Clinton
                                                                  President Clinton, happy birthday.                  cost-effective, high-quality health care to
      has given us so far, and we look for-                       Mr. DAVIS of Illinois. Mr. Speaker, I
      ward to many more.                                                                                              the Nation’s poor and medically underserved
                                                               yield back the balance of my time.                     (including the working poor, the uninsured,
        Mr. Speaker, oftentimes in a country
      where we put great emphasis on per-                                      b 1430                                 and many high-risk and vulnerable popu-
                                                                                                                      lations), acting as a vital safety net in the
      sonal wealth, as one having the ability                    Mr. ISSA. Mr. Speaker, I yield myself                Nation’s health delivery system;
      to emerge and rise to high public of-                    such time as I may consume.                              Whereas these health centers provide care
      fice, I have searched and searched, and                    Mr. Speaker, approximately a year                    to 1 of every 7 uninsured individuals, 1 of
      nowhere did I find in Bill Clinton’s his-                ago, we honored former President Wil-                  every 9 Medicaid beneficiaries, 1 of every 7




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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6391
      people of color, and 1 of every 9 rural Ameri-           preventative medical, dental, and phar-                ters is the involvement of the commu-
      cans, all of whom would otherwise lack ac-               maceutical services; and their work                    nity. Each center tailors its services to
      cess to health care;                                     acts as a vital safety net in the health               best meet the needs and priorities of
        Whereas these health centers are engaged
                                                               care delivery system.                                  the communities in which they reside.
      with other innovative programs in primary
                                                                 Mr. Speaker, I urge that we give this                Citizens in these communities become
      and preventive care to reach out to over
      621,000 homeless persons and more than                   resolution immediate consideration.                    active participants in their commu-
      709,000 farm workers;                                      Mr. Speaker, I reserve the balance of                nities’ health care decision-making.
        Whereas these health centers make health               my time.                                                 Health centers even provide approxi-
      care responsive and cost-effective by inte-                Mr. DAVIS of Illinois. Mr. Speaker, I                mately 100,000 jobs to the residents in
      grating the delivery of primary care with ag-            yield myself such time as I may con-                   communities of these areas. These
      gressive outreach, patient education, trans-             sume.                                                  health centers provide high-quality,
      portation, translation, and enabling support               Mr. Speaker, as one who began much                   cost-effective health care as they con-
      services;                                                of what I would call my public career
        Whereas these health centers increase the                                                                     tinue to meet escalating health needs
                                                               working in community health centers,                   and assist in reducing health dispari-
      use of preventive health services such as im-            I worked at the Martin Luther King
      munizations, Pap smears, mammograms, and                                                                        ties.
                                                               Community Health Center, and I                           With the weakened economy and
      glaucoma screenings;
        Whereas in communities served by these                 worked at the Miles Square Commu-                      soaring number of uninsured Ameri-
      health centers, infant mortality rates have              nity Health Center, I was around dur-                  cans, our Nation’s health centers will
      been reduced over the past 4 years even as               ing the days when we decided to orga-                  continue to feel the brunt of increasing
      infant mortality rates across the country                nize a National Association of Commu-                  numbers of patients.
      have risen;                                              nity Health Centers and ultimately had                   By establishing a week to raise
        Whereas these health centers are built by              the pleasure of serving as its president.
      community initiative, and run by the pa-                                                                        awareness of community health cen-
                                                                 And so, Mr. Speaker, I rise today as
      tients they serve;                                                                                              ters, we will also be highlighting each
                                                               the proud sponsor of this resolution to
        Whereas Federal grants provide seed                                                                           year the great accomplishments these
                                                               establish a national community health
      money empowering communities to find                                                                            nonprofit community-owned and -oper-
                                                               center week.
      partners and resources to recruit doctors and                                                                   ated health centers offer to many com-
      needed health professionals;
                                                                 I would like to thank the cochairs of
                                                               the Community Health Care Center                       munities throughout the Nation.
        Whereas Federal grants on average con-                                                                          With recent numbers indicating that
      tribute 25 percent of such a health center’s             Caucus, the gentleman from Florida
                                                               (Mr. BILIRAKIS), the gentleman from                    the Nation’s uninsured population is
      budget, with the remainder provided by
      State and local governments, Medicare, Med-              Texas (Mr. BONILLA), and the gen-                      even higher than once thought, pos-
      icaid, private contributions, private insur-             tleman     from    Massachusetts     (Mr.              sibly as high as 60 million, if our Na-
      ance, and patient fees;                                  CAPUANO), for their constant voice to                  tion will not realize the need for uni-
        Whereas there are more than 100 health                 better community health centers.                       versal health care, we need at least to
      centers that receive no Federal grant fund-                I would also like to thank the gen-                  realize the importance of funding our
      ing, yet continue to serve their communities                                                                    community health centers.
                                                               tleman from New Hampshire (Mr.
      regardless of their patients’ ability to pay;                                                                     The United States spends nearly $100
        Whereas health centers tailor their serv-
                                                               BRADLEY) for joining the cochairs of
                                                               the caucus as a main sponsor of this                   billion per year to provide uninsured
      ices to fit the special needs and priorities of
                                                               legislation.                                           residents with health services, often-
      their communities, working together with
      schools, businesses, churches, community or-               As we continue to discuss health                     times for preventable diseases that
      ganizations, foundations, and State and local            care, and as we continue hopefully to                  physicians could treat more efficiently
      governments;                                             move towards enactment of a national                   with early diagnosis.
        Whereas health centers contribute to the               health plan that covers everyone with-                   Community health centers are one of
      health and well-being of their communities               out regard to their ability to pay, we                 the keys to such earlier diagnosis and
      by keeping children healthy and in school                can take greet pride in some of our ac-                crucial to lowering the overall cost of
      and helping adults remain productive and on                                                                     health care on the uninsured through-
      the job;
                                                               complishments in health care. One of
                                                               the most important and effective ac-                   out the country.
        Whereas health centers encourage citizen
      participation and provide jobs for nearly                complishments since the enactment of                     Therefore, I am pleased with the sig-
      100,000 community residents; and                         Medicare and Medicaid has been the de-                 nificant increase in the fiscal year 2006
        Whereas National Health Center Week                    velopment of community health cen-                     budget that our community health cen-
      raises awareness of the health services pro-             ters.                                                  ters will receive so that they can con-
      vided by health centers: Now, therefore, be it             The community health center net-                     tinue to serve their patients and ex-
        Resolved, That the House of Representa-                work is available throughout the Na-                   pand their services.
      tives—                                                                                                            Mr. Speaker, community health cen-
        (1) supports the goals and ideals of Na-
                                                               tion to help those in need, such as
                                                               those who get displaced by job status                  ters are indeed the safety net which is
      tional Health Center Week; and
        (2) requests that the President issue a                or other economic conditions. Commu-                   committed to serving all individuals
      proclamation calling upon the people of the              nity health centers have become the                    with the mission that everyone de-
      United States to observe the week with ap-               safety net within the health care deliv-               serves quality health care services re-
      propriate ceremonies and activities.                     ery system, serving more than 15 mil-                  gardless of where they reside, whether
        The SPEAKER pro tempore. Pursu-                        lion people in over 3,600 communities.                 or not they can pay, or whether or not
      ant to the rule, the gentleman from                        They care for one out of every seven                 they have insurance.
      California (Mr. ISSA) and the gen-                       uninsured individuals, one out of every                  They are vital to ensuring that even
      tleman from Illinois (Mr. DAVIS) each                    nine Medicaid beneficiaries, one out of                the poor and disadvantaged in this
      will control 20 minutes.                                 every seven people of color, and one                   country have the greatest opportunity
        The Chair recognizes the gentleman                     out of every nine rural Americans. In                  to be healthy. These centers are indeed
      from California (Mr. ISSA).                              addition they reach out to over 621,000                a hallmark of our Nation’s health care
        Mr. ISSA. Mr. Speaker, I yield myself                  homeless persons and more than 709,000                 delivery system.
      such time as I may consume.                              migrant and seasonal farm workers.                       Mr. Speaker, I am pleased that I can
        Mr. Speaker, I will be brief, because,                   Community health centers are estab-                  stand and be a part of promoting the
      in fact, the minority member, the gen-                   lished in almost every corner of our                   awareness or their existence and the
      tleman from Illinois (Mr. DAVIS) who is                  Nation, representing every aspect of                   accomplishments which they have
      managing this, is the author of this                     any congressional district, whether it                 achieved.
      bill.                                                    is assisting the working poor in the                     I urge my colleagues to stand beside
        This bill, House Resolution 289, hon-                  inner city, or in the rural farmland,                  me in supporting this resolution, and I
      ors our Nation’s community health                        migrant workers or even those who                      want to thank especially the gen-
      centers and their invaluable contribu-                   have insurance but do not have access                  tleman     from    Virginia   (Chairman
      tions to thousands of Americans, per-                    to any other health facilities.                        DAVIS) the ranking member; the gen-
      haps millions of Americans, in need.                       One of the most amazing and impor-                   tleman from California (Mr. WAXMAN);
      Health centers provide primary and                       tant aspects of community health cen-                  and the Speaker, the gentleman from



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      H6392                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      Illinois (Mr. HASTERT), for helping to                       A DAY OF COMMEMORATION OF                            The Chair recognizes the gentleman
      make sure that this resolution got to                           THE GREAT UPHEAVAL                              from California (Mr. ISSA).
      the floor before August, because that is                                                                          Mr. ISSA. Mr. Speaker, I yield myself
                                                                 Mr. ISSA. Mr. Speaker, I move to
      the time that we celebrate the initi-                                                                           such time as I may consume.
                                                               suspend the rules and agree to the reso-                 Mr. Speaker, I rise in support of
      ation and institution of these centers                   lution (H. Res. 294) supporting the
      throughout the country.                                                                                         House Resolution 294, which was intro-
                                                               goals of ‘‘A Day of Commemoration of                   duced by the distinguished gentleman
         I also want to commend Tom Van                        the Great Upheaval’’, and for other
      Coverden, who is the president, and Mr.                                                                         from Louisiana (Mr. BOUSTANY).
                                                               purposes.                                                This legislation tells the story of the
      Hawkins, two individuals that I worked
                                                                 The Clerk read as follows:                           Great Upheaval, which is an event
      with when I used to work in the com-
      munity health centers. They have both                                       H. RES. 294                         that, while perhaps little known to
      stayed all of that time. Tom is now the                    Whereas on March 3, 1699, France estab-              many Americans, helped shape the cul-
      president and Dan Hawkins is the vice                    lished the French colony of Louisiana, and             ture and history of the State of Lou-
                                                               this event was commemorated in 1999 as                 isiana.
      president. And I commend them for                                  ˆ                         `
                                                               FrancoFete 99 and the Congres Mondial                    The Great Upheaval refers to the ex-
      their longevity and great service.                       Acadien-Louisiane 1999;                                pulsion of the Acadian population of
         Mr. Speaker, I yield back the balance                   Whereas on December 9, 2003, a royal proc-           Nova Scotia by the British in the mid-
      of my time.                                              lamation was signed in Canada in which                 18th century, which is the origins of
         Mr. ISSA. Mr. Speaker, I just want to                 Queen Elizabeth II acknowledged for the                these original French settlers of the
      take a moment to thank the gentleman                     first time the wrongs committed in the name
                                                                                                                      land that is now the eastern Canadian
      from Illinois (Mr. DAVIS) for offering                   of the English Crown during the Acadian de-
                                                               portation of 1755;                                     province of Nova Scotia, New Bruns-
      this important legislation and speak-                                                                           wick and Prince Edward Island.
      ing so eloquently on it.                                   Whereas this royal proclamation sets July
                                                               28th of every year, beginning in 2005, as ‘‘A            The Treaty of Utrecht, signed by the
         The gentleman’s passion for these                                                                            British and French at the conclusion of
                                                               Day of Commemoration of the Great Up-
      important centers is evident in the                      heaval’’;                                              the War of the Spanish Succession in
      words he said here today.                                  Whereas the 10,000 men, women, and chil-             1713, ended a series of land trades be-
         Mr. RUSH. Mr. Speaker, I rise today to sup-           dren exiled from Nova Scotia two and a half            tween the world’s powers by finally
      port H. Res. 289 designating the week of Au-             centuries ago are the ancestors of many of             awarding to the British the region in-
      gust 7 as ‘‘National Health Center Week’’.               south Louisiana’s French-Acadian or Cajun              habited by the Acadians.
      Community Health Centers provide primary                 people;                                                  Consequently, by 1730, all Acadians
      health services to low income, working poor,               Whereas in 1803, President Thomas Jeffer-
                                                                                                                      were compelled to swear an oath that
      Medicaid and Medicare enrollees and unin-                son purchased the Louisiana territory from
                                                               France, and the French Napoleonic Civil
                                                                                                                      gave their allegiance to the British,
      sured individuals.                                       Code was adopted as the basis of Louisiana’s           but the oath further forced them to
         Community Health Care Centers provide a               civil law system which continues to the                agree to bear arms against the French
      larger range of services including primary               present;                                               or Indians.
      care, cancer screenings, pre-natal care and                Whereas in 1968, the Louisiana Legislature             However, in 1794 when the French and
      emergency medical services in medically un-              created the Council for the Development of             Indian War broke out, the majority of
      derserved communities without regard to the              French in Louisiana (CODOFIL) and man-                 Acadians refused and disregarded this
      patient’s ability to pay for the services. This          dated that the agency promote French for               commitment to fight the French. Con-
      past year almost 35% of all Illinois health cen-         economic, educational, and touristic pur-              sequently, the British deported these
                                                               poses;                                                 Acadians, more than 10,000 strong, who
      ter patients were uninsured. Throughout the
                                                                 Whereas since its creation, CODOFIL has
      state of Illinois over 40 percent of those seek-                                                                would not commit their loyalty to the
                                                               recruited teachers from the international
      ing services at community health centers are             community to come to Louisiana to teach                British Crown.
      Medicaid eligible and health care centers are            French in Louisiana schools;                             The King of France encouraged the
      often the only medical support offered to                  Whereas there are 30 French immersion                displaced French citizens to ultimately
      homeless individuals.                                    schools in Louisiana, and Louisiana leads              settle in Louisiana. These thousands of
         The first district in Illinois, which I have the      the Nation in bilingual education;                     Acadians exiled from Nova Scotia 21⁄2
      honor and privilege to represent, has ten facili-          Whereas Louisiana is officially bilingual            centuries ago are the ancestors of
                                                               pursuant to section 51 of title 1, Louisiana           many of today’s French Acadian, or
      ties as part of a statewide network of 250 pri-
                                                               Revised Statutes, which states ‘‘Any act or            Cajun, citizens in Louisiana.
      mary health care delivery sites that will serve          contract made or executed in the French lan-
      850,000 patients this year. My Illinois col-                                                                      Largely due to the Great Upheaval,
                                                               guage is as legal and binding upon the par-            French influence is still very strong in
      league, Representative DANNY DAVIS, who in-              ties as if it had been made or executed in the         south Louisiana. The third week of
      troduced this resolution, credits the health             English language’’;
                                                                                                                      September is officially Acadian Herit-
      centers for contributing to the health and well            Whereas in 2004, the Louisiana Legislature
                                                               declared Acadian Heritage Week to be the               age Week in Louisiana. In addition, in
      being of minority communities by keeping chil-
                                                               third week in September and urged schools              December 2003, Queen Elizabeth signed
      dren healthy and providing preventive health                                                                    a royal proclamation that acknowl-
                                                               in Louisiana to teach children about their
      care so that parents and adults can remain                                                                      edged the mistreatment of the Aca-
                                                               Acadian history, culture, and heritage; and
      employed.                                                  Whereas in 2005, the world will memori-              dians and designated July 28 of every
         These centers have significantly increased            alize the 250th anniversary of the Acadian             year a day to commemorate the Great
      the availability of preventive health care for mi-       deportation and observe a day of remem-                Upheaval.
      norities, migrant and homeless individuals and           brance of the suffering of the Acadian people            Mr. Speaker, I reserve the balance of
      families. I am glad to join my colleague in sup-         as a result of their deportation by the Brit-          my time.
      port of this resolution to recognize the efforts         ish Crown (as memorialized in Queen Eliza-               Mr. DAVIS of Illinois. Mr. Speaker, I
      of the community based organizations in pro-             beth II’s Royal Proclamation dated Decem-
                                                               ber 9, 2003): Now, therefore, be it
                                                                                                                      yield myself such time as I might con-
      viding these important services.                                                                                sume.
         Mr. ISSA. Mr. Speaker, I yield back                     Resolved, That the House of Representa-
                                                               tives—                                                   Mr. Speaker, the Great Upheaval,
      the balance of my time.                                    (1) supports the goals of Acadian Heritage           also known as the Great Expulsion,
         The SPEAKER pro tempore. The                          Week; and                                              was the eviction of the Acadian popu-
      question is on the motion offered by                       (2) supports the goals of ‘‘A Day of Com-            lation from Nova Scotia between 1755
      the gentleman from California (Mr.                       memoration of the Great Upheaval’’, as es-             and 1763.
      ISSA) that the House suspend the rules                   tablished by Queen Elizabeth II’s Royal                  In 1755, colonial authorities began a
      and agree to the resolution, H.R. 289, as                Proclamation, signed on December 9, 2003, in           process of uprooting and deporting
      amended.                                                 which the sufferings of the Acadian people             10,000 men, women, and children who
         The question was taken; and (two-                     were acknowledged.                                     had settled on British land. British
      thirds having voted in favor thereof)                      The SPEAKER pro tempore. Pursu-                      Lieutenant Governor Charles Lawrence
      the rules were suspended and the reso-                   ant to the rule, the gentleman from                    and Massachusetts Governor William
      lution, as amended, was agreed to.                       California (Mr. ISSA) and the gen-                     Shirley began by seizing colonists’ fire-
         A motion to reconsider was laid on                    tleman from Illinois (Mr. DAVIS) each                  arms to prevent them from using force
      the table.                                               will control 20 minutes.                               to resist.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6393
        Then they took a large number of                       tenance of a language and culture dis-                 Acadian heritage, history and culture.
      men hostage in order to guarantee the                    tinct from other Americans define the                  And the story of the Acadian people
      docility of their families at the at the                 Cajuns as a distinct ethnic group.                     should be commemorated and cele-
      time of deportation. Approximately                         Cajun French is a unique dialect of                  brated because of their impact upon
      three-quarters of the total Acadian                      the French language. It is still spoken                American history and society.
      population was deported. Some were                       throughout the Acadiana region of                        This resolution would serve that end
      sent to England, others to France, and                   Louisiana, although the number of peo-                 by supporting the goals of Acadian
      still others to the area that was to be-                 ple who speak Cajun has declined dra-                  Heritage Week and ‘‘A Day of Com-
      come Louisiana.                                          matically over the past 50 years. For                  memoration of the Great Upheaval.’’ I
        During the campaign against the                        many years it was considered a distor-                 urge colleagues on both sides of the
      Acadians, property was plundered,                        tion of the French language; however,                  aisle to pass this resolution.
      communities were torched, lands were                     recently it was discovered that a num-                   Mr. ISSA. Mr. Speaker, I have no fur-
      seized, and thousands of Acadian lives                   ber of Cajuns served as French inter-                  ther requests for time, and I yield back
      were claimed.                                            preters for American forces in France                  the balance of my time.
                        b 1445                                 during World War II, and their impor-                    The SPEAKER pro tempore (Mr.
                                                               tance has been recognized.                             KOLBE). The question is on the motion
        Over several generations after the                       It is difficult to summarize Cajun                   offered by the gentleman from Cali-
      Great Upheaval, the presence of Aca-                     cuisine and music. I guess you could                   fornia (Mr. ISSA) that the House sus-
      dians in Louisiana grew, and their de-                   say we like them both hot and spicy.                   pend the rules and agree to the resolu-
      scendants helped to form the nucleus of                  Gumbo, jambalaya, and etouffee can be                  tion, H. Res. 294.
      Louisiana’s Cajun life and culture.                      found in restaurants throughout the                      The question was taken; and (two-
        On December 9, 2003, Queen Elizabeth                   country. Cajun music and its cousin                    thirds having voted in favor thereof)
      II issued a proclamation that acknowl-                   zydeco influenced country music and                    the rules were suspended and the reso-
      edged the suffering experienced by the                   early rock and roll. Their mark on                     lution was agreed to.
      Acadian people during the Great Up-                      American music can still be heard on                     A motion to reconsider was laid on
      heaval and designated July 28 as ‘‘A                     popular radio today.                                   the table.
      Day of Commemoration of the Great                          Cajuns have had an impact on vir-                                     f
      Upheaval.’’                                              tually every aspect of American life.
        H. Res. 294 supports the goals of the                  Just some examples I will give you, na-                    PAUL KASTEN POST OFFICE
      proclamation. It also points out how                     tional recording artist Wayne Toups,                                  BUILDING
      our country has grown and developed                      who has traveled internationally;                        Mr. ISSA. Mr. Speaker, I move to
      and how many of the prejudices that at                   Super Bowl quarterback of the NFL’s                    suspend the rules and pass the bill
      one time people held have begun, in a                    Carolina Panthers, Jake Delhomme;                      (H.R. 2977) to designate the facility of
      serious way, to have diminished. Any-                    painter and creator of the world-fa-                   the United States Postal Service lo-
      body who has ever visited Louisiana or                   mous ‘‘Blue Dog,’’ George Rodrigue;                    cated at 306 2nd Avenue in Brockway,
      knows     anything    about     Louisiana                Grammy Award-winning artist Michael                    Montana, as the ‘‘Paul Kasten Post Of-
      knows that the Acadian population is                     Doucet of the band Beausoleil; the 13th                fice Building’’.
      an integral part of the life, the culture,               Commandant of the United States Ma-                      The Clerk read as follows:
      and of the development in the State of                   rine Corps John Archer LeJeune; Cy                                         H.R. 2977
      Louisiana. So I am proud to support                      Young Award winner and New York                          Be it enacted by the Senate and House of Rep-
      this resolution. I urge its passage.                     Yankee Ron Guidry; and last but not                    resentatives of the United States of America in
        Mr. Speaker, I yield back the balance                  least, 12-term Congressman and former                  Congress assembled,
      of my time.                                              chairman of the Committee on Energy                    SECTION 1. PAUL KASTEN POST OFFICE BUILD-
        Mr. ISSA. Mr. Speaker, I yield such                    and Commerce, our colleague Billy                                 ING.
      time as he may consume to the gen-                       Tauzin. We all remember Billy. He was                    (a) DESIGNATION.—The facility of the
      tleman      from      Louisiana       (Mr.               famous for his keen wit, but also his                  United States Postal Service located at 306
      BOUSTANY), the author of the bill.                                                                              2nd Avenue in Brockway, Montana, shall be
                                                               great jokes, his great Boudreau and                    known and designated as the ‘‘Paul Kasten
        Mr. BOUSTANY. Mr. Speaker, I                           Thibodeau jokes.                                       Post Office Building’’.
      thank the gentleman from California                        So from music to sports, from the                      (b) REFERENCES.—Any reference in a law,
      (Mr. ISSA) for yielding me time, and I                   military to the United States Congress,                map, regulation, document, paper, or other
      thank the gentleman from Illinois (Mr.                   Cajuns have left their mark on Amer-                   record of the United States to the facility re-
      DAVIS) for his eloquent comments                         ican culture.                                          ferred to in subsection (a) shall be deemed to
      today.                                                     In an effort to preserve the Cajun                   be a reference to the ‘‘Paul Kasten Post Of-
        Mr. Speaker, I rise today in support                   language and culture, the Louisiana                    fice Building’’.
      of H. Res. 294, supporting the goals of                  State Legislature created the Council                    The SPEAKER pro tempore. Pursu-
      ‘‘A Day of Commemoration of the                          for the Development of French in Lou-                  ant to the rule, the gentleman from
      Great Upheaval.’’ This resolution rec-                   isiana, or CODOFIL, in 1968. This orga-                California (Mr. ISSA) and the gen-
      ognizes the importance of the Acadian                    nization is committed to the develop-                  tleman from Illinois (Mr. DAVIS) each
      people to Louisiana and is intended to                   ment, utilization and preservation of                  will control 20 minutes.
      celebrate their contributions to my                      the French language as found in Lou-                     The Chair recognizes the gentleman
      State of Louisiana and this country.                     isiana for the cultural benefit of the                 from California (Mr. ISSA).
        During the Acadian deportation of                      State. It is to this end that Mr. Warren                 Mr. ISSA. Mr. Speaker, I yield myself
      1755, approximately 14,000 men, women                    Perrin, a constituent of mine, has com-                such time as I may consume.
      and children were expelled from Nova                     mitted years of toil and time to make                    Mr. Speaker, H.R. 2977, introduced by
      Scotia. Some returned to France, but                     this day of commemoration a reality.                   the distinguished gentleman and col-
      most wound up scattered throughout                       The people of Acadiana and all of Lou-                 league and classmate of mine, the gen-
      the American colonies. Many sailed                       isiana are grateful to Mr. Perrin for his              tleman from Montana (Mr. REHBERG),
      through to the French colony of Lou-                     efforts to preserve and expand the                     would name the post office in
      isiana, where, over the centuries, they                  Cajun heritage in Louisiana.                           Brockway, Montana, as the ‘‘Paul Kas-
      have established their own unique                          On December 9, 2003, Queen Elizabeth                 ten Post Office Building.’’ The bill hon-
      French-Acadian or Cajun culture. It is                   II set July 28 by royal proclamation as                ors rural mail carrier Paul Kasten for
      now estimated that there are over                        a Day of Commemoration of the Great                    his more than five decades of depend-
      450,000 Acadian descendants in Lou-                      Upheaval to recognize the struggles of                 able work in the Postal Service.
      isiana alone.                                            these Cajuns who left Nova Scotia. In                    Mr. Kasten began his postal career in
        Cajun means many things to many                        2004, the Louisiana Legislature de-                    1947. Believe it or not, in the early
      people. While not all Cajuns have Aca-                   clared Acadian Heritage Week to be                     years he delivered the mail on horse-
      dian ancestry, a shared heritage, the                    the third week in September and urged                  back. After his lengthy career, Kasten
      legacy of the expulsion, and the main-                   schools to teach children about their                  retired earlier this year at the age of



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      H6394                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      86. He is a credit to the tremendous                     South Walters Avenue in Hodgenville, Ken-                Mr. DAVIS of Illinois. Mr. Speaker, I
      work performed by the entire Postal                      tucky, shall be known and designated as the            yield myself such time as I may con-
      Service. That is why we are so pleased                   ‘‘Abraham Lincoln Birthplace Post Office               sume.
      to see the House is considering an ap-                   Building’’.
                                                                 (b) REFERENCES.—Any reference in a law,
                                                                                                                        Mr. Speaker, I am pleased to join
      propriate honor.                                         map, regulation, document, paper, or other             with my colleague in consideration of
        Mr. Speaker, I thank the gentleman                     record of the United States to the facility re-        H.R. 2894, and I want to commend the
      from Montana (Mr. REHBERG) for his                       ferred to in subsection (a) shall be deemed to         gentleman from Kentucky (Mr. LEWIS)
      work, and I ask that this postal nam-                    be a reference to the ‘‘Abraham Lincoln                for introducing this legislation.
      ing be approved on behalf of Paul Kas-                   Birthplace Post Office Building’’.                       Although Abraham Lincoln was in-
      ten.                                                       The SPEAKER pro tempore. Pursu-                      deed born in Kentucky, he did, in fact,
        Mr. Speaker, I reserve the balance of                  ant to the rule, the gentleman from                    ultimately move to Illinois. And those
      my time.                                                 California (Mr. ISSA) and the gen-                     of us who live in Illinois, we often re-
        Mr. DAVIS of Illinois. Mr. Speaker, I                                                                         gard him as perhaps our greatest cit-
                                                               tleman from Illinois (Mr. DAVIS) each
      yield myself such time as I may con-
                                                               will control 20 minutes.                               izen, one who emerged from very hum-
      sume.
                                                                 The Chair recognizes the gentleman                   ble beginnings, was somewhat of a non-
        Mr. Speaker, as a member of the
      House Committee on Government Re-                        from California (Mr. ISSA).                            traditionalist, but ultimately became
                                                                 Mr. ISSA. Mr. Speaker, I yield myself                President of the United States.
      form, I am pleased to join my colleague
                                                               such time as I may consume.
      in the consideration of H.R. 2977, legis-                                                                                         b 1500
                                                                 Mr. Speaker, it would be nearly im-
      lation designating a postal facility in                                                                           And then after becoming President of
                                                               possible to pay sufficient homage to
      Brockway, Montana, after Paul Kas-                                                                              the United States had the courage to
      ten. This measure was introduced by                      President Abraham Lincoln, our six-
                                                               teenth President of the United States.                 take some very decisive action when
      the gentleman from Montana (Mr.                                                                                 there was opposition swirling all
      REHBERG) on July 17, 2005.                               President Lincoln was a man whose
                                                               convictions enabled the emancipation                   around him. So I commend the gen-
        A rural letter carrier, Mr. Kasten re-
                                                               of thousands from slavery and led to                   tleman from Kentucky for naming a
      tired this spring at the young age of 86,
      after delivering mail for over 50 years.                 the preservation of the Union, which                   postal facility in Hodgenville.
      He began his career delivering mail on                   allowed our United States to develop                     I was always a great Abraham Lin-
      horseback, covering miles and miles of                   into a strong and free Nation that it is               coln fan. As a matter of fact, when I
      roads in Montana.                                        today.                                                 was a small boy, my mother used to
        Mr. Speaker, it always gives me such                     In our efforts to commend these and                  tell me stories about Abraham Lincoln,
      pleasure when we recognize the con-                      other contributions, it should be recog-               and she would read to us from books
      tributions of postal workers by dedi-                    nized that Lincoln’s greatness extended                about Abraham Lincoln as a way of ex-
      cating a facility in their honor, and I                  far beyond the reaches of his Presi-                   pressing to us that it was not always a
      could think of no better way to honor                    dency. Today, however, through the                     matter of where you came from but of-
      the more than 50 years of service given                  consideration of this legislation, H.R.                tentimes it could be a matter of where
      by Mr. Kasten than to name a postal                      2894, we focus on the humble origins                   you were going.
      facility in his honor.                                   that produced for us this great Presi-                   So, again, I commend the gentleman
        Mr. Speaker, I yield back the balance                  dent. Considered by many to be our                     for recognizing and honoring the birth-
      of my time.                                              greatest President, we are designating                 place of Abraham Lincoln with the
        Mr. ISSA. Mr. Speaker, I yield back                    Abraham Lincoln’s Birthplace Post Of-                  naming of a postal facility in his
      the balance of my time.                                  fice Building, for it was in Kentucky                  honor.
        The SPEAKER pro tempore. The                           that he was born on February 12, 1809,                   Mr. Speaker, I yield back the balance
      question is on the motion offered by                     in a log cabin near Hardin County,                     of my time.
      the gentleman from California (Mr.                       Kentucky. During his childhood, Lin-                     Mr. ISSA. Mr. Speaker, I yield such
      ISSA) that the House suspend the rules                   coln’s determined spirited led him to                  time as he may consume to the gen-
      and pass the bill, H.R. 2977.                            covet education and to develop an insa-                tleman from Kentucky (Mr. LEWIS), the
        The question was taken.                                                                                       author of the bill, and just note that I
        The SPEAKER pro tempore. In the                        tiable appetite for reading and learn-
                                                               ing.                                                   feel I am on the path between Ken-
      opinion of the Chair, two-thirds of                                                                             tucky and Illinois here, with my own
      those present have voted in the affirm-                    Undoubtedly as a result, Lincoln’s in-
                                                               credible oratorical capacity strength-                 birthplace being Ohio.
      ative.
                                                               ened his political influence throughout                  Mr. LEWIS of Kentucky. Mr. Speak-
        Mr. ISSA. Mr. Speaker, on that I de-
      mand the yeas and nays.                                  his life. He effectively appealed to the               er, I rise today in support of H.R. 2894,
        The yeas and nays were ordered.                        Nation in such unforgettable speeches                  a resolution to designate the United
        The SPEAKER pro tempore. Pursu-                        as the Gettysburg Address, the Second                  States Postal Service facility located
      ant to clause 8 of rule XX and the                       Inaugural Address, and the famous                      at 102 South Walters Avenue in
      Chair’s prior announcement, further                      ‘‘House Divided’’ speech. He truly used                Hodgenville, Kentucky, as the Abra-
      proceedings on this motion will be                       his verbal skills to his fullest advan-                ham Lincoln Birthplace Post Office
      postponed.                                               tage.                                                  Building.
                       f                                         As I am sure the distinguished spon-                   Hodgenville, Kentucky, is the birth-
                                                               sor of H.R. 2894 would assert, Lincoln’s               place and childhood home of our 16th
       ABRAHAM LINCOLN BIRTHPLACE                              characteristic determination embodied                  President, one of the most influential
            POST OFFICE BUILDING                               the hard-nosed and ambitious attitude                  figures in American history. Abraham
        Mr. ISSA. Mr. Speaker, I move to                       with which Kentuckians as he are often                 Lincoln was born on February 12, 1809,
      suspend the rules and pass the bill                      associated. His labors to free the slaves              in a one-room log cabin at the Sinking
      (H.R. 2894) to designate the facility of                 and preserve the Union positively im-                  Spring Farm in what is now LaRue
      the United States Postal Service lo-                     pacted our Nation to an extent that                    County, Kentucky. His family lived at
      cated at 102 South Walters Avenue in                     cannot be overstated.                                  Sinking Spring Farm for 21⁄2 years be-
      Hodgenville, Kentucky, as the ‘‘Abra-                      Again, we have often looked at Presi-                fore moving 10 miles away to Knob
      ham Lincoln Birthplace Post Office                       dent Lincoln as our greatest President.                Creek Farm.
      Building’’.                                              We have often honored him. But I                         Of his birth and childhood, Lincoln
        The Clerk read as follows:                             think it is particularly important to                  wrote: ‘‘I was born on February 12, 1809,
                          H.R. 2894                            recognize that H.R. 2894 speaks not to                 in then Hardin County, Kentucky, at a
        Be it enacted by the Senate and House of Rep-          the State from which he heralded at                    point within the now county of LaRue,
      resentatives of the United States of America in                                                                 a mile or mile and a half from where
                                                               the time of his election, not about the
      Congress assembled,
      SECTION 1. ABRAHAM LINCOLN BIRTHPLACE
                                                               end of his life, but Kentucky, the place               Hodgen’s Mill now is. It was a wild re-
                POST OFFICE BUILDING.                          of the origin and the roots of his life.               gion, with many bears and other wild
        (a) DESIGNATION.—The facility of the                     Mr. Speaker, I reserve the balance of                animals still in the woods. There I
      United States Postal Service located at 102              my time.                                               grew up.’’



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6395
        Thousands of historians, students,                                          S. 775                            ness to spend time and money to im-
      and tourists visit the Lincoln birth-                      Be it enacted by the Senate and House of Rep-        prove the lives of those around him. In
      place and museum at Sinking Spring                       resentatives of the United States of America in        1986, he started a nonprofit organiza-
      and nearby boyhood home each year.                       Congress assembled,                                    tion called the United Shareholders As-
      Both sites are managed by the Na-                        SECTION 1. BOONE PICKENS POST OFFICE.                  sociation to fund a newspaper inform-
      tional Park Service and maintain his-                      (a) DESIGNATION.—The facility of         the         ing shareholders of corporate abuses,
                                                               United States Postal Service located at 123
      toric recreations of the original log                                                                           and he has served as the chairman of
                                                               W. 7th Street in Holdenville, Oklahoma,
      cabins. The Hodgenville community is                     shall be known and designated as the ‘‘Boone           the board of West Texas A&M Univer-
      currently hard at work planning for                      Pickens Post Office’’.                                 sity business school.
      the bicentennial celebration of Lin-                       (b) REFERENCES.—Any reference in a law,                Mr. Speaker, I urge swift passage of
      coln’s birth in 2009.                                    map, regulation, document, paper, or other             this bill.
        Lincoln’s roots on the Kentucky                        record of the United States to the facility re-          Mr. Speaker, I yield back the balance
      frontier molded character traits, mod-                   ferred to in subsection (a) shall be deemed to         of my time.
      esty, hard work, spiritual, and an intel-                be a reference to the ‘‘Boone Pickens Post               Mr. ISSA. Mr. Speaker, I yield myself
      lectual fortitude and a sense of justice                 Office’’.                                              such time as I may consume to urge all
      that made him a portrait of human                           The SPEAKER pro tempore. Pursu-                     my colleagues to support the effort to
      greatness as a legislator, lawyer, fa-                   ant to the rule, the gentleman from                    name the post office in Holdenville,
      ther, and steward of his country                         California (Mr. ISSA) and the gen-                     Oklahoma, where Boone Pickens was
      through the most devastating experi-                     tleman from Illinois Mr. (DAVIS) each                  born in 1928; and I congratulate our dis-
      ence in its national history.                            will control 20 minutes.                               tinguished Senator and my friend, Sen-
        Lincoln’s achievements as President                       The Chair recognizes the gentleman                  ator JIMMY INHOFE, on recognizing the
      saved the Union and freed the slaves,                    from California (Mr. ISSA).                            importance of T. Boone Pickens in
      and his martyrdom in death as the war                       Mr. ISSA. Mr. Speaker, I yield myself               both business and philanthropy.
      was drawing to a close made him one of                   such time as I may consume, and I rise                   Mr. Speaker, I yield back the balance
      the most revered and historically sig-                   in support of S. 775, a bill to name the               of my time.
      nificant figures in American history.                    postal facility at 123 W. 7th Street in                  The SPEAKER pro tempore. The
        Carved in stone above the portals of                   Holdenville, Oklahoma, as the Boone                    question is on the motion offered by
      the birthplace memorial are the elo-                     Pickens Post Office.                                   the gentleman from California (Mr.
      quent and poignant words from his sec-                      Well-known     businessman       Boone              ISSA) that the House suspend the rules
      ond inaugural address in which he                        Pickens has personified the American                   and pass the Senate bill, S. 775.
      urged ‘‘malice toward none’’ and ‘‘char-                 Dream through his hard work and de-                      The question was taken; and (two-
      ity for all’’ in the peace to come.                      termination. Early in his professional                 thirds having voted in favor thereof)
        Abraham Lincoln’s early life in cen-                   life and career, Pickens grew frustrated               the rules were suspended and the Sen-
      tral Kentucky is a source of great pride                 working at a large impersonal com-                     ate bill was passed.
      to me personally and many of my con-                     pany. Instead of enduring the daily                      A motion to reconsider was laid on
      stituents. The birthplace and childhood                  struggle through the organizational                    the table.
      home provide a great historic treasure                   red tape, he decided to start his own                                   f
      in our community. In honor of Presi-                     business in 1956 at age 28. This nascent
      dent      Lincoln’s      connection   to                 company ultimately evolved into one                       CONGRESSWOMAN SHIRLEY A.
      Hodgenville and the upcoming bicen-                      of the leading oil and gas exploration                 CHISHOLM POST OFFICE BUILDING
      tennial celebration of his birth, I urge                 firms in the Nation, the Mesa Petro-                     Mr. ISSA. Mr. Speaker, I move to
      my colleagues to join me honoring                        leum Company.                                          suspend the rules and pass the Senate
      Hodgenville and Lincoln’s memory by                         But more important, the House is                    bill (S. 571) to designate the facility of
      designating the current postal facility                  considering this honor for Boone Pick-                 the United States Postal Service lo-
      as the Abraham Lincoln Birthplace                        ens not because of his business success                cated at 1915 Fulton Street in Brook-
      Post Office Building.                                    but for his philanthropy. Over the                     lyn, New York, as the ‘‘Congresswoman
        Mr. ISSA. Mr. Speaker, I yield back                    years, Pickens has generously invested                 Shirley A. Chisholm Post Office Build-
      the balance of my time.                                  in his alma mater, Oklahoma State                      ing’’.
        The SPEAKER pro tempore (Mr.                           University, supported a wide range of                    The Clerk read as follows:
      KOLBE). The question is on the motion                    medical research initiatives, and sev-                                      S. 571
      offered by the gentleman from Cali-                      eral other scientific and social causes.                 Be it enacted by the Senate and House of Rep-
      fornia (Mr. ISSA) that the House sus-                       Boone Pickens has contributed his                   resentatives of the United States of America in
      pend the rules and pass the bill, H.R.                   time, energy, and resources to make                    Congress assembled,
      2894.                                                    America a better place to live and                     SECTION 1. CONGRESSWOMAN SHIRLEY A. CHIS-
        The question was taken.                                work; and for these reasons, I support                            HOLM POST OFFICE BUILDING.
        The SPEAKER pro tempore. In the                        S. 775 today, and I ask my colleagues                    (a) DESIGNATION.—The facility of the
      opinion of the Chair, two-thirds of                      to support the bill.                                   United States Postal Service located at 1915
                                                                  Mr. Speaker, I reserve the balance of               Fulton Street in Brooklyn, New York, shall
      those present have voted in the affirm-                                                                         be known and designated as the ‘‘Congress-
      ative.                                                   my time.
                                                                                                                      woman Shirley A. Chisholm Post Office
        Mr. ISSA. Mr. Speaker, on that I de-                      Mr. DAVIS of Illinois. Mr. Speaker, I               Building’’.
      mand the yeas and nays.                                  yield myself such time as I may con-                     (b) REFERENCES.—Any reference in a law,
        The yeas and nays were ordered.                        sume.                                                  map, regulation, document, paper, or other
        The SPEAKER pro tempore. Pursu-                           Mr. Speaker, as a member of the                     record of the United States to the facility re-
      ant to clause 8 of rule XX and the                       House Committee on Government Re-                      ferred to in subsection (a) shall be deemed to
      Chair’s prior announcement, further                      form, I am pleased to join my colleague                be a reference to the Congresswoman Shirley
                                                               in consideration of S. 775, legislation                A. Chisholm Post Office Building.
      proceedings on this motion will be
      postponed.                                               designating    a    postal   facility  in                The SPEAKER pro tempore. Pursu-
                       f                                       Holdenville, Oklahoma, after Boone                     ant to the rule, the gentleman from
                                                               Pickens.                                               California (Mr. ISSA) and the gen-
         BOONE PICKENS POST OFFICE                                This measure, which was introduced                  tleman Illinois (Mr. DAVIS) each will
        Mr. ISSA. Mr. Speaker, I move to                       by Senator JAMES INHOFE on April 13,                   control 20 minutes.
      suspend the rules and pass the Senate                    2005, was unanimously passed by the                      The Chair recognizes the gentleman
      bill (S. 775) to designate the facility of               Senate on July 29, 2005.                               from California (Mr. ISSA).
      the United States Postal Service lo-                        T. Boone Pickens is known worldwide                   Mr. ISSA. Mr. Speaker, I yield myself
      cated at 123 W. 7th Street in                            as the founder of Mesa Petroleum, the                  such time as I may consume.
      Holdenville, Oklahoma, as the ‘‘Boone                    Nation’s largest independent producer                    Senate 571, sponsored in the other
      Pickens Post Office’’.                                   of domestic oil and gas. T. Boone is                   body by the distinguished Senator from
        The Clerk read as follows:                             well respected in Texas for his willing-               New York, Senator CHARLES SCHUMER,



VerDate Aug 04 2004   04:22 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00013   Fmt 7634   Sfmt 0634   E:\CR\FM\K25JY7.028   H25JYPT1
      H6396                                              CONGRESSIONAL RECORD — HOUSE                                                             July 25, 2005
      honors the late Congresswoman Shir-                         As a former educator and child care                 her lifetime achievements have inspired mem-
      ley Chisholm, the first African Amer-                    manager, Shirley worked hard in Con-                   bers of her Brooklyn community, and genera-
      ican woman elected to Congress.                          gress on issues ranging from employ-                   tions of women and African Americans, to en-
        Born in Brooklyn, New York, on No-                     ment and education, to day care and                    gage in our nation’s policymaking. We are for-
      vember 20, 1924, Shirley Chisholm spent                  income-support programs. She pushed                    ever grateful for her trailblazing effort.
      a lifetime advocating civil rights for                   hard to end the draft and reduce de-                      Mrs. Chisholm was truly one in a million. I
      all Americans. After graduating with                     fense spending. She served in six Con-                 am honored to have been part of her Brooklyn
      honors from Brooklyn College, Shirley                    gresses, from 1969 to 1983, and was not                political circle and to have worked along side
      Chisholm worked at the Mount Cavalry                     a candidate for reelection to the 98th                 her throughout her political career. In par-
      Child Care Center in Harlem for several                  Congress.                                              ticular, I am thankful for her recommendation
      years. Later, she founded the Unity                         Shirley Chisholm will be remembered                 of my former chief-of-staff, the late Dr. Brenda
      Democrat Club, which mobilized black                     for always fighting the good fight and                 Pillors. She, like Mrs. Chisholm, was an in-
      and Hispanic voters. In 1964, Shirley                    for being the first black woman to an-                 sightful and innovative force on Capitol Hill
      Chisholm ran for and won a State as-                     nounce her candidacy for President of                  and a source of inspiration for me. Mr. Speak-
      sembly seat in the New York General                      the United States in 1972. In her speech               er, in light of the accomplishments and con-
      Assembly. During her term, Ms. Chis-                     before the Democratic National Con-                    tributions of The Honorable Shirley Chisholm,
      holm most notably championed bills to                    vention in Miami, she declared ‘‘Al-                   I deem her to be more than worthy of the des-
      aid day care centers and schools.                        though I am a woman, and I am equal-                   ignation of a post office building in her name.
        In 1968, she campaigned and was                        ly proud of that, I am not the can-                       Mr. RANGEL. Mr. Speaker, I rise in support
      elected as the Representative from New                   didate of any political bosses or special              of designating the United States Postal Serv-
      York’s Twelfth District to the United                    interests. I am the candidate of the                   ice facility at 1915 Fulton Street in Brooklyn,
      States Congress, where she served until                  people.’’                                              NY, as the Congresswoman Shirley A. Chis-
      1982. Throughout her tenure, Congress-                      Shirley Chisholm was fond of saying                 holm Post Office Building.
      woman Chisholm boldly spoke out on                       that she was unbought and unbossed,                       When I think about the honorable lady from
      civil rights, women’s liberties, and                     simply meaning that she did not rep-                   Brooklyn, I am constantly reminded of her per-
      issues specifically affecting those in                   resent any particular special interest,                sonal and campaign slogan of ‘‘unbought and
      need.                                                    but she represented the will of the peo-               unbossed.’’ This bold assertion of independ-
        In 1972, Congresswoman Chisholm                        ple.                                                   ence captured the essence of who Shirley
      was emboldened and encouraged, as                           Sadly, she passed away on January 1,
                                                                                                                      Chisholm was: a woman, a Black woman, who
      many are, to run for President. That                     2005. Mr. Speaker, the late Shirley
                                                                                                                      was long a champion of justice and a true pio-
      year, she sought the Democrat nomina-                    Chisholm was a legend; and I commend
                                                                                                                      neer who broke the glass ceiling for women in
      tion for President and in doing so be-                   Senator SCHUMER and the gentleman
                                                                                                                      politics and elected office. Her life presented a
      came the first African American                          from New York (Mr. TOWNS) for seek-
                                                                                                                      model of resistance to discrimination, of chal-
      woman to run for the White House on a                    ing to honor her hard work and dedica-
                                                                                                                      lenge to the status quo, and of the inappropri-
      major party ticket. She received near-                   tion in this matter, and I urge support
                                                                                                                      ateness of stereotypes. She broke barriers by
      ly 5 percent of the vote in the Demo-                    for this bill.
                                                                                                                      her very presence and she set examples for
      crat national convention, losing the                        Mr. Speaker, I yield back the balance
                                                                                                                      future generations of leaders by her demeanor
      nomination to then—Senator George                        of my time.
                                                                  Mr. TOWNS. Mr. Speaker, I rise today to             and behavior.
      McGovern of South Dakota.
        Mr. Speaker, Shirley Chisholm sadly                    commemorate the legacy of my predecessor                  Shiirley was an individual with a clear vision
      passed away on January 1 of this year.                   and mentor, the Honorable Shirley A. Chis-             of the right—not the political right, but the
      It is clear that Shirley Chisholm                        holm. In order to provide her community with           moral one. She knew that to overcome strug-
      touched her colleagues and constitu-                     an enduring testament to her name, S. 571,             gle minorities, those with the least power in a
      ents     with    her   courageous       and              and its companion bill H.R. 1209, will des-            democracy, must stand up to the majority.
      groundbreaking public service career.                    ignate the facility of the United States Postal        They must counter the popular misconceptions
      Thus, it is appropriate to name the                      Service located at 1915 Fulton Street in               and prove those in positions of authority of the
      post office located in her hometown of                   Brooklyn, New York, as the ‘‘Congresswoman             wrongness of their ideas.
      Brooklyn in Congresswoman Chis-                          Shirley A. Chisholm Post Office Building.’’               Shirley was determined to lift the Black
      holm’s honor. I urge all my colleagues                      Mrs. Chisholm was a New York icon and               community in its own eyes as well as the rest
      to join me in supporting Senate 571.                     committed public servant. She was born in              of the world. She was confident in herself and
        Mr. Speaker, I reserve the balance of                  Brooklyn, on November 30, 1924, graduated              her ability to get tasks done and she passed
      my time.                                                 with honors from Brooklyn College, and                 that confidence to those who were in her pres-
        Mr. DAVIS of Illinois. Mr. Speaker, I                  earned a Master’s degree from Columbia Uni-            ence. At a time when few Blacks and few
      yield myself such time as I may con-                     versity. She was an active member of the Na-           women held elected office, Shirley stepped
      sume.                                                    tional Association for the Advancement of Col-         forward for a seat in the House of Representa-
        Mr. Speaker, as a member of the                        ored People (NAACP), founder of the Unity              tives and won that seat. She also stood up
      House Committee on Government Re-                        Democratic Club, and Representative in the             against the hierarchy and leadership of the
      form, I am pleased to join my colleague                  New York State Assembly (1964–68).                     Democratic party and ran for President. Fac-
      in the consideration of S. 571, legisla-                    In 1968, Mrs. Chisholm became the first Af-         ing insurmountable odds was not enough to
      tion designating a postal facility in                    rican American woman to be elected to Con-             prevent Shirley from advocating, fighting for,
      Brooklyn, New York, after the late                       gress and serve for seven consecutive terms.           and working towards the goal of being Presi-
      Shirley Chisholm.                                        During her congressional career (1968–82),             dent of the United States of America. Could
        This measure, which was introduced                     Mrs. Chisholm served on the House Education            you only imagine how different this country
      by Senator Charles Schumer of New                        and Labor, Veterans’ Affairs and Rules Com-            would have been if Shirley had won?
      York on March 9, 2005, was unani-                        mittees, where she passionately advocated for             I thank the Honorable Gentleman from New
      mously passed by the Senate on July                      the rights of women, children, and minorities,         York, Mr. TOWNS, as well as the Honorable
      29, 2005. An identical bill, H.R. 1208, has              and staunchly opposed the Vietnam War. In              Senators CHARLES SCHUMER and HILLARY
      been introduced by a Democrat in the                     fact, she was unmatched as a voice for social          CLINTON for introducing and championing this
      House, the gentleman from New York                       justice.                                               legislation into the 109th Congress. We send
      (Mr. TOWNS).                                                Mrs. Chisholm was also a founding member            an important message to the Nation by paying
        Shirley Chisholm, a native New                         of the Congressional Caucus for Women’s                honor to this extraordinary individual. We send
      Yorker, was the first African American                   Issues and the Congressional Black Caucus,             the message that regardless of your race,
      woman to be elected to Congress. After                   and the first African American to seek the             your background, and your gender, you can
      serving in the New York State legisla-                   nomination of a major political party for Presi-       be respected in this country for your deter-
      ture from 1964 to 1968, Ms. Chisholm                     dent of the United States (1972). Her                  mination, commitment, dedication, and hard
      was elected to the 91st Congress, where                  ‘‘unbought and unbossed’’ political style al-          work to justice and equality. This is a powerful
      she represented the Twelfth Congres-                     lowed her to make friends and political alli-          message to send today to our young people in
      sional District.                                         ances on both sides of the aisle. In addition,         particular.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                 H6397
                       b 1515                                    Mr. DAVIS of Illinois. Mr. Speaker, I                  Jim has been awarded numerous hon-
        Mr. ISSA. Mr. Speaker, I yield back                    yield such time as he may consume to                   ors for his life’s work in public service.
      the balance of my time.                                  the sponsor of this resolution, the gen-               He has received the Outstanding Cit-
        The SPEAKER pro tempore (Mr.                           tleman from New York (Mr. HIGGINS).                    izen Award from the New York State
      KOLBE). The question is on the motion                      Mr. HIGGINS. Mr. Speaker, I thank                    AFL–CIO, the President’s Award from
      offered by the gentleman from Cali-                      the gentleman from Illinois (Mr.                       the New York State Federation of Po-
      fornia (Mr. ISSA) that the House sus-                    DAVIS) for yielding me this time. I also               lice, the United States Senate Youth
      pend the rules and pass the Senate bill,                 thank the gentleman from Virginia                      Alumni Association Outstanding Serv-
      S. 571.                                                  (Chairman TOM DAVIS) and the gen-                      ice Award, and the Sid Yudain Congres-
        The question was taken; and (two-                      tleman from California (Mr. WAXMAN)                    sional Staffer of the Year Award from
      thirds having voted in favor thereof)                    from the Committee on Government                       Roll Call.
      the rules were suspended and the Sen-                    Reform for allowing this bill to be ex-                  I know that many of my colleagues
                                                               pedited to the floor.                                  had the pleasure of serving in this
      ate bill was passed.
                                                                 Mr. Speaker, I am grateful for the op-               House during Jim Molloy’s tenure. His
        A motion to reconsider was laid on
                                                               portunity to speak on this measure,                    strong commitment to our institution
      the table.
                                                               which represents a great honor for one                 makes offering this bill, to name a
                       f                                       of my district’s finest citizens, a proud              South Buffalo Post Office after him,
       JAMES T. MOLLOY POST OFFICE                             and favorite son of South Buffalo.                     both a privilege and an honor.
                     BUILDING                                  James T. Molloy was born in South                        James T. Molloy’s success has been
        Mr. ISSA. Mr. Speaker, I move to                       Buffalo on June 3, 1936, to Matthew                    an inspiration to thousands in my dis-
      suspend the rules and pass the bill                      Molloy and Katherine Hayden Molloy.                    trict and throughout all of western
      (H.R. 3339) to designate the facility of                 Educated in Buffalo’s Catholic schools,                New York. I know that many here
      the United States Postal Service lo-                     he followed in his father’s footsteps by               today will want to join me in saluting
                                                               working in the grain elevators of Buf-                 James T. Molloy, his wife Roseann, and
      cated at 2061 South Park Avenue in
                                                               falo’s waterfront and fighting fires as a              their daughter Amy in recognition of
      Buffalo, New York, as the ‘‘James T.
                                                               proud member of the Buffalo Fire De-                   his invaluable service to this Nation,
      Molloy Post Office Building’’.
                                                               partment.                                              who was fortunate to have him, and to
        The Clerk read as follows:
                                                                 Through his labor, James T. Molloy
                          H.R. 3339                                                                                   his hometown of South Buffalo and
                                                               paid his own way through Canisius Col-
        Be it enacted by the Senate and House of Rep-                                                                 western New York, who are proud to
                                                               lege, a great Jesuit institution in west-
      resentatives of the United States of America in                                                                 claim him.
                                                               ern New York, and became a lifelong
      Congress assembled,                                                                                               Mr. DAVIS of Illinois. Mr. Speaker, I
                                                               friend of western New York working
      SECTION 1. JAMES T. MOLLOY POST OFFICE                                                                          yield myself such time as I may con-
                BUILDING.                                      families.
                                                                 He was a member of the AFL–CIO,                      sume.
        (a) DESIGNATION.—The facility of the                                                                            I want to thank the gentleman from
      United States Postal Service located at 2061             the International Brotherhood of Long-
                                                               shoremen and the International Asso-                   New York (Mr. HIGGINS) for intro-
      South Park Avenue in Buffalo, New York,
                                                               ciation of Firefighters.                               ducing this important legislation. As a
      shall be known and designated as the ‘‘James
      T. Molloy Post Office Building’’.                          After pursuing studies at St. John’s                 member of the Committee on Govern-
        (b) REFERENCES.—Any reference in a law,                University Law School, James T.                        ment Reform, I am pleased to join in
      map, regulation, document, paper, or other               Molloy worked as a schoolteacher in                    support. As one who has spent such a
      record of the United States to the facility re-          the cities of Buffalo and Lackawanna.                  long period of time as a Member of this
      ferred to in subsection (a) shall be deemed to                                                                  House working for this House and
                                                               He also worked in the office of the Erie
      be a reference to the ‘‘James T. Molloy Post                                                                    working for government employees,
      Office Building’’.                                       County District Attorney where he met
                                                               his wife, Roseann.                                     the chairman of the Wright-Patman
        The SPEAKER pro tempore. Pursu-                          Jim came to Washington in 1968 at                    Federal Credit Union is indeed an in-
      ant to the rule, the gentleman from                      the invitation of New York Congress-                   spiration, and I am sure that many
      California (Mr. ISSA) and the gen-                       man John Rooney. During his service                    people in western New York will con-
      tleman from Illinois (Mr. DAVIS) each                    in the House Finance Office, he                        tinue to honor and revere him, just as
      will control 20 minutes.                                 oversaw the legislative appropriations                 many people will continue to do here in
        The Chair recognizes the gentleman                     for the House as they grew from $75                    the Nation’s Capital. I thank the gen-
      from California (Mr. ISSA).                              million to $126 million per year.                      tleman from New York for designating
        Mr. ISSA. Mr. Speaker, I yield myself                    James T. Molloy was elected door-                    a postal facility in his honor.
      such time as I may consume.                              keeper of the United States House of                     Mr. Speaker, I yield back the balance
        I rise in support of H.R. 3339 intro-                  Representatives in 1974 and proudly re-                of my time.
      duced by the gentleman from New                          mained in that post through the 103rd                    Mr. ISSA. Mr. Speaker, I yield myself
      York (Mr. HIGGINS). It would designate                   Congress, serving as the primary aide                  the balance of my time.
      the facility of the U.S. Postal Service                  to Speakers Carl Albert, Thomas ‘‘Tip’’                  Mr. Speaker, in closing, I, too, want
      located at 2061 South Park Avenue in                     O’Neill, James Wright, and Tom Foley.                  to join in thanking the gentleman from
      Buffalo, New York, as the James T.                         In fact, Jim was the last of 30 people               New York (Mr. HIGGINS) for bringing
      Molloy Post Office Building. The entire                  to hold the position of doorkeeper from                this important bill to our attention,
      New York State delegation has cospon-                    its establishment in 1789 to its elimi-                and I urge its passage.
      sored this bill, and I join with them in                 nation in 1995. Within this capacity, he                 Mr. Speaker, I yield back the balance
      support.                                                 introduced Presidents and numerous                     of my time.
        In 1975, during the 94th Congress,                     heads of state to our august body. He                    The SPEAKER pro tempore. The
      James Molloy was elected doorkeeper                      coordinated 71 joint sessions of Con-                  question is on the motion offered by
      of the House of Representatives, a posi-                 gress, as well as many other special                   the gentleman from California (Mr.
      tion he held with distinction until the                  events, within this Chamber.                           ISSA) that the House suspend the rules
      104th Congress in 1995. As doorkeeper,                     Jim also acted as a vital connection                 and pass the bill, H.R. 3339.
      he introduced six different Presidents,                  between his hometown, South Buffalo,                     The question was taken.
      several heads of state and other dig-                    New York, and Congress, inspiring                        The SPEAKER pro tempore. In the
      nitaries in joint sessions and other con-                countless men and women from the                       opinion of the Chair, two-thirds of
      gressional events. In fact, Mr. Molloy                   Buffalo area to consider careers in pub-               those present have voted in the affirm-
      is the last doorkeeper of the House of                   lic service.                                           ative.
      Representatives, and H.R. 3339 would                       James T. Molloy’s strong relation-                     Mr. ISSA. Mr. Speaker, on that I de-
      honor his esteemed service. I urge all                   ship with Capitol Hill can still be felt               mand the yeas and nays.
      of my colleagues to support the naming                   today. He continues to serve as chair-                   The yeas and nays were ordered.
      of this post office.                                     man of the board on the Wright-Pat-                      The SPEAKER pro tempore. Pursu-
        Mr. Speaker, I reserve the balance of                  man Congressional Credit Union, a po-                  ant to clause 8 of rule XX and the
      my time.                                                 sition he has held for 30 years.                       Chair’s prior announcement, further



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      H6398                                              CONGRESSIONAL RECORD — HOUSE                                                             July 25, 2005
      proceedings on this motion will be                       enue from the disposition of power produced              (1) ADMINISTRATOR.—The term ‘‘Adminis-
      postponed.                                               at Grand Coulee Dam;                                   trator’’ means the Administrator of the Bon-
                                                                 (7) in the Act of June 29, 1940 (16 U.S.C. 835d      neville Power Administration or the head of
                       f                                       et seq.), Congress—                                    any successor agency, corporation, or entity
                  GENERAL LEAVE                                  (A) granted to the United States—                    that markets power produced at Grand Cou-
                                                                 (i) in aid of the construction, operation,           lee Dam.
        Mr. ISSA. Mr. Speaker, I ask unani-                    and maintenance of the Columbia Basin                    (2) COLVILLE SETTLEMENT AGREEMENT.—The
      mous consent that all Members may                        Project, all the right, title, and interest of         term ‘‘Colville Settlement Agreement’’
      have 5 legislative days within which to                  the Spokane Tribe and Colville Tribes in and           means the Settlement Agreement entered
      revise and extend their remarks and in-                  to the tribal and allotted land within the             into between the United States and the
      clude extraneous material on H.J. Res.                   Spokane and Colville Reservations, as des-             Colville Tribes, signed by the United States
      59, H. Con. Res. 181, H. Res. 329, H. Res.               ignated by the Secretary of the Interior from          on April 21, 1994, and by the Colville Tribes
      289, H. Res. 294, H.R. 2977, H.R. 2894, S.               time to time; and                                      on April 16, 1994, to settle the claims of the
                                                                 (ii) other interests in such land as required        Colville Tribes in Docket 181–D of the Indian
      775, S. 571, and H.R. 3339.                              and as designated by the Secretary for cer-            Claims Commission, which docket was trans-
        The SPEAKER pro tempore. Is there                      tain construction activities undertaken in             ferred to the United States Court of Federal
      objection to the request of the gen-                     connection with the project; and                       Claims.
      tleman from California?                                    (B) provided that compensation for the                 (3) COLVILLE TRIBES.—The term ‘‘Colville
        There was no objection.                                land and other interests was to be deter-              Tribes’’ means the Confederated Tribes of
                       f                                       mined by the Secretary in such amounts as              the Colville Reservation.
                                                               the Secretary determined to be just and eq-              (4) COMPUTED ANNUAL PAYMENT.—The term
      SPOKANE TRIBE OF INDIANS OF                              uitable;                                               ‘‘Computed Annual Payment’’ means the
        THE      SPOKANE       RESERVATION                       (8) pursuant to that Act, the Secretary              payment calculated under paragraph 2.b. of
        GRAND COULEE DAM EQUITABLE                             paid—                                                  the Colville Settlement Agreement, without
        COMPENSATION            SETTLEMENT                       (A) to the Spokane Tribe, $4,700; and                regard to any increase or decrease in the
                                                                 (B) to the Confederated Tribes of the                payment under section 2.d. of the agreement.
        ACT
                                                               Colville Reservation, $63,000;                           (5) CONFEDERATED TRIBES ACT.—The term
        Miss MCMORRIS. Mr. Speaker, I                            (9) in 1994, following litigation under the          ‘‘Confederated Tribes Act’’ means the Con-
      move to suspend the rules and pass the                   Act of August 13, 1946 (commonly known as              federated Tribes of the Colville Reservation
      bill (H.R. 1797) to provide for equitable                the ‘‘Indian Claims Commission Act’’ (60               Grand Coulee Dam Settlement Act (108 Stat.
      compensation to the Spokane Tribe of                     Stat. 1049, chapter 959; former 25 U.S.C. 70 et        4577).
                                                               seq.)), Congress ratified the Colville Settle-           (6) FUND.—The term ‘‘Fund’’ means the
      Indians of the Spokane Reservation for
                                                               ment Agreement, which required—                        Spokane Tribe of Indians Settlement Fund
      the use of tribal land for the produc-                     (A) for past use of the Colville Tribes’ land,       established by section 5.
      tion of hydropower by the Grand Cou-                     a payment of $53,000,000; and                            (7) SECRETARY.—The term ‘‘Secretary’’
      lee Dam, and for other purposes.                           (B) for continued use of the Colville Tribes’        means the Secretary of the Interior.
        The Clerk read as follows:                             land, annual payments of $15,250,000, ad-                (8) SPOKANE BUSINESS COUNCIL.—The term
                          H.R. 1797                            justed annually based on revenues from the             ‘‘Spokane Business Council’’ means the gov-
        Be it enacted by the Senate and House of Rep-          sale of electric power from the Grand Coulee           erning body of the Spokane Tribe under the
      resentatives of the United States of America in          Dam project and transmission of that power             constitution of the Spokane Tribe.
                                                               by the Bonneville Power Administration;                  (9) SPOKANE TRIBE.—The term ‘‘Spokane
      Congress assembled,
                                                                 (10) the Spokane Tribe, having suffered              Tribe’’ means the Spokane Tribe of Indians
      SECTION 1. SHORT TITLE.
                                                               harm similar to that suffered by the Colville          of the Spokane Reservation, Washington.
       This Act may be cited as the ‘‘Spokane                  Tribes, did not file a claim within the Indian
      Tribe of Indians of the Spokane Reservation                                                                     SEC. 5. SETTLEMENT FUND.
                                                               Claims Commission Act’s 5-year statute of                (a) ESTABLISHMENT OF FUND.—There is es-
      Grand Coulee Dam Equitable Compensation                  limitations;
      Settlement Act’’.                                                                                               tablished in the Treasury of the United
                                                                 (11) neither the Colville Tribes nor the Spo-        States an interest-bearing trust fund to be
      SEC. 2. FINDINGS.                                        kane Tribe filed claims for compensation for           known as the ‘‘Spokane Tribe of Indians Set-
        Congress finds that—                                   use of their land with the Commission before           tlement Fund’’, consisting of—
        (1) from 1927 to 1931, at the direction of             August 13, 1951, but both Tribes filed unre-             (1) amounts deposited in the Fund under
      Congress, the Corps of Engineers inves-                  lated land claims prior to August 13, 1951;            subsection (b); and
      tigated the Columbia River and its tribu-                  (12) in 1976, over objections by the United            (2) any interest earned on investment of
      taries to determine sites at which power                 States, the Colville Tribes were successful in         amounts in the Fund.
      could be produced at low cost;                           amending their 1951 Claims Commission land               (b) DEPOSITS.—From amounts made avail-
        (2) under section 10(e) of the Federal Power           claims to add their Grand Coulee claim;                able under section 11—
      Act (16 U.S.C. 803(e)), when licenses are                  (13) the Spokane Tribe had no such claim               (1) for fiscal year 2006, the Secretary shall
      issued involving tribal land within an Indian            to amend, having settled its Claims Commis-            deposit in the Fund $17,800,000; and
      reservation, a reasonable annual charge shall            sion land claims with the United States in               (2) for each of the 4 fiscal years thereafter,
      be fixed for the use of the land, subject to             1967;                                                  the Secretary shall deposit in the Fund
      the approval of the Indian tribe having juris-             (14) the Spokane Tribe has suffered signifi-         $12,800,000.
      diction over the land;                                   cant harm from the construction and oper-                (c) MAINTENANCE AND INVESTMENT OF
        (3) in August 1933, the Columbia Basin                 ation of Grand Coulee Dam;                             FUND.—The Fund shall be maintained and in-
      Commission, an agency of the State of Wash-                (15) Spokane tribal acreage taken by the             vested by the Secretary in accordance with
      ington, received a preliminary permit from               United States for the construction of Grand            the Act of June 24, 1938 (25 U.S.C. 162a).
      the Federal Power Commission for water                   Coulee Dam equaled approximately 39 per-                 (d) PAYMENT OF FUNDS TO SPOKANE BUSI-
      power development at the Grand Coulee site;              cent of Colville tribal acreage taken for con-         NESS COUNCIL.—
        (4) had the Columbia Basin Commission or               struction of the dam;                                    (1) REQUEST.—At any time after funds are
      a private entity developed the site, the Spo-              (16) the payments and land transfers made            deposited in the Fund, the Spokane Business
      kane Tribe would have been entitled to a                 pursuant to this Act constitute fair and eq-           Council may submit to the Secretary written
      reasonable annual charge for the use of its              uitable compensation for the past and con-             notice of the adoption by the Spokane Busi-
      land;                                                    tinued use of Spokane tribal land for the pro-         ness Council of a resolution requesting that
        (5) in the mid-1930s, the Federal Govern-              duction of hydropower at Grand Coulee Dam;             the Secretary pay all or a portion of the
      ment, which is not subject to licensing under            and                                                    amounts in the Fund to the Spokane Busi-
      the Federal Power Act (16 U.S.C. 792 et                    (17) by vote of the Spokane tribal member-           ness Council.
      seq.)—                                                   ship, the Spokane Tribe has resolved that                (2) PAYMENT.—Not later than 60 days after
        (A) federalized the Grand Coulee Dam                   the payments and land transfers made pursu-            receipt of a notice under paragraph (1), the
      project; and                                             ant to this Act constitute fair and equitable          Secretary shall pay the amount requested to
        (B) began construction of the Grand Coulee             compensation for the past and continued use            the Spokane Business Council.
      Dam;                                                     of Spokane Tribal land for the production of             (e) USE OF FUNDS.—
        (6) when the Grand Coulee Dam project was              hydropower at Grand Coulee Dam.                          (1) CULTURAL RESOURCE REPOSITORY AND IN-
      federalized, the Federal Government recog-               SEC. 3. PURPOSE.                                       TERPRETIVE CENTER.—
      nized that—                                                The purpose of this Act is to provide fair             (A) IN GENERAL.—Of the initial deposit
        (A) development of the project affected the            and equitable compensation to the Spokane              under subsection (b)(1), $5,000,000 shall be
      interests of the Spokane Tribe and the Con-              Tribe for the use of its land for the genera-          used by the Spokane Business Council for
      federated Tribes of the Colville Reservation;            tion of hydropower by the Grand Coulee                 the planning, design, construction, equip-
      and                                                      Dam.                                                   ping, and continuing operation and mainte-
        (B) it would be appropriate for the Spokane            SEC. 4. DEFINITIONS.                                   nance of a Cultural Resource Repository and
      and Colville Tribes to receive a share of rev-               In this Act:                                       Interpretive Center to—




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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6399
        (i) house, preserve, and protect the burial            Tribe under sections 5 and 6, and the interest         to operate, maintain, repair, and replace
      remains, funerary objects, and other cultural            and income generated by the funds, shall be            boat ramps, docks, and other recreational fa-
      resources affected by the operation of the               treated in the same manner as payments                 cilities owned or permitted by the United
      Grand Coulee Dam; and                                    under section 6 of the Saginaw Chippewa In-            States and existing on the date of enactment
        (ii) provide an interpretive and educational           dian Tribe of Michigan Distribution of Judg-           of this Act.
      facility regarding the culture and history of            ment Funds Act (100 Stat. 677).                          (3) RETENTION OF NATIONAL PARK SYSTEM
      the Spokane Tribe.                                          (d) TRIBAL AUDIT.—After the date on which           STATUS.—
        (B) EFFECT.—The funding under subpara-                 funds are paid to the Spokane Business                   (A) IN GENERAL.—Land transferred under
      graph (A) does not alter or affect any author-           Council or Spokane Tribe under section 5 or            this section that, before the date of enact-
      ity, obligation, or responsibility of the                6, the funds shall—                                    ment of this Act, was included in the Lake
      United States under—                                        (1) constitute Spokane Tribe governmental           Roosevelt National Recreation Area shall re-
        (i) the Native American Graves Protection              funds; and                                             main part of the Recreation Area.
      and Repatriation Act (25 U.S.C. 3001 et seq.);              (2) be subject to an annual tribal govern-            (B) ADMINISTRATION.—Nothing in this sec-
        (ii) the Archaeological Resources Protec-              ment audit.                                            tion affect the authority or responsibility of
      tion Act (16 U.S.C. 470aa et seq.);                      SEC. 8. REPAYMENT CREDIT.                              the National Park Service to administer the
        (iii) the National Historic Preservation Act             (a) IN GENERAL.—The Administrator shall              Lake Roosevelt National Recreation Area
      (16 U.S.C. 470 et seq.); or                              deduct from the interest payable to the Sec-           under the Act of August 25, 1916 (39 Stat. 535,
        (iv) the National Environmental Policy                 retary of the Treasury from net proceeds (as           chapter 408; 16 U.S.C. 1 et seq.).
      Act of 1969 (42 U.S.C. 4321 et seq.).                    defined in section 13 of the Federal Columbia            (4) MEMORANDUM OF UNDERSTANDING.—The
        (2) OTHER USES.—Of all other amounts de-               River Transmission System Act (16 U.S.C.               cognizant agencies of the Department of the
      posited in the Fund (including interest gen-             838k))—                                                Interior shall enter into a memorandum of
      erated on those amounts)—                                  (1) in fiscal year 2007, $2,600,000; and             understanding with the Spokane Tribe to
        (A) 25 percent shall be—                                 (2) in each subsequent fiscal year in which          provide for coordination in applying this
        (i) reserved by the Spokane Business Coun-             the Administrator makes a payment under                subsection.
      cil; and                                                 section 6, $1,300,000.                                 SEC. 10. SATISFACTION OF CLAIMS.
        (ii) used for discretionary purposes of gen-             (b) CREDITING.—
                                                                                                                        Payment by the Secretary under section 5
      eral benefit to all members of the Spokane                 (1) IN GENERAL.—Except as provided in
                                                                                                                      and the Administrator under section 6 and
      Tribe; and                                               paragraphs (2) and (3), each deduction made
                                                                                                                      restoration of ownership of land in trust
        (B) 75 percent shall be used by the Spokane            under this section shall be—
                                                                                                                      under section 9 constitute full satisfaction of
      Business Council to carry out—                             (A) a credit to the interest payments oth-
                                                                                                                      the claim of the Spokane Tribe to a fair
        (i) resource development programs;                     erwise payable by the Administrator to the
                                                                                                                      share of the annual hydropower revenues
        (ii) credit programs;                                  Secretary of the Treasury during the fiscal
                                                                                                                      generated by the Grand Coulee Dam project
        (iii) scholarship programs; or                         year in which the deduction is made; and
                                                                                                                      for the past and continued use of land of the
        (iv) reserve, investment, and economic de-               (B) allocated pro rata to all interest pay-
                                                                                                                      Spokane Tribe for the production of hydro-
      velopment programs.                                      ments on debt associated with the genera-
                                                                                                                      power at Grand Coulee Dam.
      SEC. 6. PAYMENTS BY THE ADMINISTRATOR.
                                                               tion function of the Federal Columbia River
                                                                                                                      SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
                                                               Power System that are due during the fiscal
        (a) INITIAL PAYMENT.—On March 1, 2007, the                                                                      There are authorized to be appropriated
                                                               year.
      Administrator shall pay the Spokane Tribe—                                                                      such sums as are necessary to carry out this
                                                                 (2) DEDUCTION GREATER THAN AMOUNT OF IN-
        (1) the amount that is equal to 29 percent                                                                    Act.
                                                               TEREST.—If, in any fiscal year, the deduction
      of the Computed Annual Payment for fiscal                                                                       SEC. 12. PRECEDENT.
                                                               is greater than the amount of interest due on
      year 2005, adjusted to reflect the change in                                                                      Nothing in this Act establishes any prece-
                                                               debt associated with the generation function
      the Consumer Price Index for all urban con-                                                                     dent or is binding on the Southwestern
                                                               for the fiscal year, the amount of the deduc-
      sumers published by the Department of                                                                           Power Administration, Western Area Power
                                                               tion that exceeds the interest due on debt as-
      Labor, from the date on which the payment                                                                       Administration, or Southeastern Power Ad-
                                                               sociated with the generation function shall
      for fiscal year 2005 was made to the Colville                                                                   ministration.
                                                               be allocated pro rata to all other interest
      Tribes to the date on which payment is made
                                                               payments due during the fiscal year.                     The SPEAKER pro tempore. Pursu-
      to the Spokane Tribe under this subpara-
                                                                 (3) CREDIT.—To the extent that a deduction           ant to the rule, the gentlewoman from
      graph; and
                                                               exceeds the total amount of interest de-               Washington (Miss MCMORRIS) and the
        (2) the amount that is equal to 29 percent
                                                               scribed in paragraphs (1) and (2), the deduc-
      of the Computed Annual Payment for fiscal                                                                       gentleman     from    California  (Mr.
                                                               tion shall be applied as a credit against any
      year 2006.                                                                                                      CARDOZA) each will control 20 minutes.
                                                               other payments that the Administrator
        (b) SUBSEQUENT PAYMENTS.—On or before                                                                           The Chair recognizes the gentle-
                                                               makes to the Secretary of the Treasury.
      March 1, 2008, and March 1 of each year                                                                         woman     from     Washington    (Miss
                                                               SEC. 9. TRANSFER OF ADMINISTRATIVE JURIS-
      thereafter through 2033, the Administrator                          DICTION AND RESTORATION OF                  MCMORRIS).
      shall pay the Spokane Tribe the amount that                         OWNERSHIP OF LAND.
      is equal to 29 percent of the Computed An-                                                                                       GENERAL LEAVE
                                                                 (a) TRANSFER OF JURISDICTION.—The Sec-
      nual Payment for the previous fiscal year.               retary shall transfer administrative jurisdic-           Miss MCMORRIS. Mr. Speaker, I ask
        (c) PAYMENT RECOVERY.—Pursuant to the                  tion from the Bureau of Reclamation to the             unanimous consent that all Members
      payment schedule in subsection (b), the Ad-              Bureau of Indian Affairs over—                         may have 5 legislative days within
      ministrator shall make commensurate cost                   (1) all land acquired by the United States           which to revise and extend their re-
      reductions in expenditures on an annual                  under the Act of June 29, 1940 (16 U.S.C.              marks and include extraneous material
      basis to recover each payment to the Tribe.              835d), that is located within the exterior
      The Administrator shall include this specific
                                                                                                                      on the bill under consideration.
                                                               boundaries of the Spokane Indian Reserva-                The SPEAKER pro tempore. Is there
      cost reduction plan in the annual budget                 tion established pursuant to the Executive
      submitted to Congress.                                                                                          objection to the request of the gentle-
                                                               Order of January 18, 1881; and
        (d) SUNSET.—This section shall have no                   (2) all land on the south bank of the Spo-           woman from Washington?
      force or effect on and after the date that is            kane River that—                                         There was no objection.
      25 years after the date of the enactment of                (A) extends westerly from Little Falls Dam             Miss MCMORRIS. Mr. Speaker, I
      this Act.                                                to the confluence of the Spokane River and             yield myself such time as I may con-
      SEC. 7. TREATMENT AFTER FUNDS ARE PAID.                  Columbia River; and                                    sume.
        (a) USE OF PAYMENTS.—Payments made to                    (B) is located at or below contour elevation           I am the author of H.R. 1797, which
      the Spokane Business Council or Spokane                  1290 feet above sea level.                             brings fairness to a long-standing prob-
      Tribe under section 5 or 6 may be used or in-              (b) RESTORATION OF OWNERSHIP IN TRUST.—              lem. I first want to thank my prede-
      vested by the Business Council in the same               All land transferred under this section—
      manner and for the same purposes as other                  (1) shall be held in trust for the benefit and
                                                                                                                      cessor, the Congressman from Wash-
      Spokane Tribe governmental funds.                        use of the Spokane Tribe; and                          ington, George Nethercutt, for his hard
        (b) NO TRUST RESPONSIBILITY OF THE SEC-                  (2) shall become part of the Spokane Indian          work on this issue. He first introduced
      RETARY.—Neither the Secretary nor the Ad-                Reservation.                                           a version of this legislation 6 years
      ministrator shall have any trust responsi-                 (c) RESERVATION OF RIGHTS.—                          ago. It is through the foundation of
      bility for the investment, supervision, ad-                (1) IN GENERAL.—The United States re-                that bill that I am able to present this
      ministration, or expenditure of any funds                serves a perpetual right, power, privilege,            piece of legislation today before the
      after the date on which the funds are paid to            and easement over the land transferred
      the Spokane Business Council or Spokane                  under this section to carry out the Columbia
                                                                                                                      House of Representatives.
      Tribe under section 5 or 6.                              Basin Project under the Columbia Basin                   I would also like to thank my col-
        (c) TREATMENT OF FUNDS FOR CERTAIN PUR-                Project Act (16 U.S.C. 835 et seq.).                   leagues from the Washington delega-
      POSES.—The payments of all funds to the                    (2) RIGHTS INCLUDED.—The rights reserved             tion, the gentleman from Washington
      Spokane Business Council and Spokane                     under paragraph (1) further include the right          (Mr. DICKS) and the gentleman from



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      H6400                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      Washington (Mr. INSLEE). In addition, I                    The SPEAKER pro tempore. The                                           b 1530
      would like to thank the gentleman                        question is on the motion offered by                     This resolution recognizes August 13,
      from Michigan (Mr. KILDEE) for his                       the gentlewoman from Washington                        2005, as National Marina Day. This res-
      support as well.                                         (Miss MCMORRIS) that the House sus-                    olution acknowledges the significant
        When the Grand Coulee Dam was                          pend the rules and pass the bill, H.R.                 contributions that marinas provide to
      built in the 1930s, the accompanying                     1797.                                                  so many of our local waterfront com-
      reservoir inundated key parts of the                       The question was taken; and (two-                    munities.
      Spokane Indian Reservation. Due to a                     thirds having voted in favor thereof)                    There are over 12,000 marinas, Mr.
      number of circumstances, the Spokane                     the rules were suspended and the bill                  Speaker, in the United States, and
      Tribe has never had the opportunity to                   was passed.                                            these facilities serve as a place where
      pursue monetary claims as a result of                      A motion to reconsider was laid on                   people who share a passion for the
      these land damages. Rather than focus-                   the table.                                             water can come together to enjoy our
      ing on litigation, the tribe has instead                                                                        Nation’s oceans, lakes and rivers. Mari-
                                                                                 f
      worked for many years to bring about                                                                            nas also serve as stewards of the envi-
      a legislative solution.                                  SUPPORTING GOALS OF NATIONAL                           ronment and actively seek to protect
        The bill authorizes Federal funding                      MARINA DAY AND URGING MARI-                          the waterways that surround them.
      to compensate the Spokane Tribe for                        NAS CONTINUE PROVIDING ENVI-                           Many Members of this body represent
      land damages. Since this nonlegal set-                     RONMENTALLY FRIENDLY GATE-                           districts in which recreational boating
      tlement is unique, these payments are                      WAYS TO BOATING                                      plays an important role in the lives of
      sunsetted. The bill also seeks to pro-
                                                                 Mr. COBLE. Mr. Speaker, I move to                    many of our constituents, and marinas
      tect electricity ratepayers by requiring
                                                               suspend the rules and agree to the reso-               provide an easy access point for citi-
      the Bonneville Power Administration
                                                               lution (H. Res. 308) supporting the                    zens who wish to enjoy our Nation’s
      to cut costs to make up for the pay-
                                                               goals of National Marina Day and urg-                  coasts and waterways.
      ments to the tribe. As a result, Con-                                                                             This resolution highlights the impor-
      gress does not expect the Federal Gov-                   ing marinas continue providing envi-
                                                               ronmentally friendly gateways to boat-                 tance of marinas and their role in pro-
      ernment to use this legislation as any
                                                               ing.                                                   moting recreational boating and in
      reason for a rate increase.
                                                                 The Clerk read as follows:                           connecting people to the water. I urge
        Mr. Speaker, this bill has bipartisan
      support and is the result of lengthy dis-                                  H. RES. 308                          my colleagues to support this resolu-
      cussions for over a decade. I commend                      Whereas the people of the United States
                                                                                                                      tion.
                                                               highly value their recreational time and
                                                                                                                        Mr. Speaker, I reserve the balance of
      the parties for their hard work and
                                                               their ability to access the waterways of the           my time.
      commitment to bringing this solution,                                                                             Mr. FILNER. Mr. Speaker, I yield
      and urge my colleagues to support this                   United States, one of the Nation’s greatest
                                                               natural resources;                                     myself such time as I may consume. I
      bill.
                                                                 Whereas in 1928, the National Association            thank my friend from North Carolina
        Mr. Speaker, I reserve the balance of
                                                               of Engine and Boat Manufacturers first used            for managing this bill. We refer to him
      my time.                                                 the word ‘‘marina’’ to describe a recreational
        Mr. CARDOZA. Mr. Speaker, I yield                                                                             as the maitre d’ of marinas in the
                                                               boating facility;                                      House, so I thank the gentleman from
      myself such time as I may consume.                         Whereas the United States is home to more
        (Mr. CARDOZA asked and was given                                                                              North Carolina.
                                                               than 12,000 marinas that contribute substan-
      permission to revise and extend his re-                  tially to local communities by providing safe
                                                                                                                        Mr. COBLE. I thank the gentleman
      marks.)                                                  and reliable gateways to boating;                      from California.
        Mr. CARDOZA. Mr. Speaker, the                            Whereas the marinas of the United States               Mr. FILNER. Mr. Speaker, there are
      Democrats on the Committee on Re-                        serve as stewards of the environment and ac-           12,000 marinas in the United States
      sources support the passage of H.R.                      tively seek to protect the waterways that              providing safe harbor for millions of
      1797, which will provide a fair and equi-                surround them for the enjoyment of this gen-           recreational vessels that operate on
                                                               eration and generations to come;                       the lakes and navigable waters of the
      table financial settlement for the Spo-
                                                                 Whereas the marinas of the United States             United States. This includes boat
      kane Tribe of Indians. H.R. 1797 will                    provide communities and visitors with a
      provide the Spokane Tribe of Indians                                                                            yards, yacht clubs, and public and pri-
                                                               place where friends and families, united by a
      with compensation which will be pro-                     passion for the water, can come together for
                                                                                                                      vate moorings across our country. Ma-
      portional to the compensation provided                   recreation, rest, and relaxation; and                  rinas in the United States provide em-
      to the Colville Tribes through enact-                      Whereas the Marina Operators Association             ployment for more than 140,000 of our
      ment of Public Law 103–436, the Confed-                  of America has designated August 13, 2005 as           citizens. But perhaps most impor-
      erated Tribes of the Colville Reserva-                   ‘‘National Marina Day’’ to increase aware-             tantly, marinas provide a means for
      tion Grand Coulee Dam Settlement                         ness among citizens, policymakers, and                 millions of Americans to relax and
                                                               elected officials about the many contribu-             enjoy themselves boating.
      Act.                                                     tions that marinas make to communities:
        Our only concern with H.R. 1797 is                                                                              National Marina Day is a time to cel-
                                                               Now, therefore, be it
      the included sunset language in section                                                                         ebrate the history of marinas and boat-
                                                                 Resolved, That the House of Representa-
      6 of the bill. As noted in the additional                tives—                                                 ing and to look to the future of this vi-
      views filed with the committee report                      (1) supports the goals of National Marina            brant industry. National Marina Day
      on this bill, however, the Spokane                       Day; and                                               activities across the United States will
      Tribe has agreed to the sunset provi-                      (2) urges that the marinas of the United             include environmental demonstrations,
      sion in the bill with the understanding                  States continue to provide environmentally             youth center events, fishing rodeos,
      that in the future the tribe may seek                    friendly gateways to boating for the people            boating safety demonstrations, and
                                                               of the United States.                                  marina open houses. This day is going
      an amendment to extend or modify the
      sunset provision or otherwise seek re-                     The SPEAKER pro tempore. Pursu-                      to be celebrated from Maine to Florida;
      authorization of the Bonneville Power                    ant to the rule, the gentleman from                    from Maryland to my hometown of San
      Administration’s     annual    payments                  North Carolina (Mr. COBLE) and the                     Diego, California.
      after the year 2030.                                     gentleman from California (Mr. FIL-                      Marina owners are working closely,
        With this understanding, and in the                    NER) each will control 20 minutes.                     also, with the United States Coast
      interest of moving the legislation for-                    The Chair recognizes the gentleman                   Guard to step up vigilance at their fa-
      ward and thereby providing long over-                    from North Carolina (Mr. COBLE).                       cilities to improve security on our wa-
      due relief to this tribe, we do not ob-                    Mr. COBLE. Mr. Speaker, I yield my-                  terways. This includes being on the
      ject to the inclusion of the sunset pro-                 self such time as I may consume.                       watch for any suspicious activities; at-
      vision in the bill, and urge passage of                    Mr. Speaker, H. Res. 308 was intro-                  tempts to gain access to vehicles with-
      the bill.                                                duced by the distinguished gentleman                   out proper identification; looking out
        Mr. CARDOZA. Mr. Speaker, I yield                      from Washington (Mr. DICKS) and co-                    for any fixtures attached to structures;
      back the balance of my time.                             sponsored by the gentleman from Ken-                   keeping an eye out for unusual diving
        Miss MCMORRIS. Mr. Speaker, I                          tucky (Mr. ROGERS) and the gentleman                   operations; and watching out for vehi-
      yield back the balance of my time.                       from Tennessee (Mr. WAMP).                             cles and vessels in unusual locations.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6401
         Mr. Speaker, it is fitting and appro-                   Mr. COBLE. Mr. Speaker, on that I                      Mr. Speaker, last week I was appalled
      priate for the House of Representatives                  demand the yeas and nays.                              to hear about the release of the new
      to recognize the ongoing contribution                      The yeas and nays were ordered.                      version of the video game Grand Theft
      of marina operators in the United                          The SPEAKER pro tempore. Pursu-                      Auto: San Andreas having a back door
      States to our economy, our security,                     ant to clause 8 of rule XX and the                     to porn embedded in its files. That kind
      our environment, and most of all for                     Chair’s prior announcement, further                    of material would have certainly
      providing us with a way of enjoying a                    proceedings on this motion will be                     earned it an ‘‘Adults-Only’’ rating
      day on the beautiful waterways of the                    postponed.                                             rather than the ‘‘Mature’’ rating that
      United States.                                                             f                                    it has been marketing. I cannot imag-
         I urge my colleagues to join us in                                                                           ine how a good player in the video
      supporting H. Res. 308 which recognizes                  EXPRESSING         SENSE      OF     THE
                                                                                                                      game industry could make an honest
      our support for the goals of National                      HOUSE      THAT      THE    FEDERAL
                                                                                                                      mistake of something like that, so you
      Marina Day on August 13, 2005.                             TRADE COMMISSION SHOULD IN-
                                                                                                                      have to wonder just what they are try-
         Mr. DICKS. Mr. Speaker, I rise in support of            VESTIGATE THE PUBLICATION
                                                                                                                      ing to do.
      H. Res. 308, a bill supporting the goals of Na-            OF THE VIDEO GAME ‘‘GRAND
                                                                                                                        We have had hearings on rating video
      tional Marina Day and urging marinas to con-               THEFT AUTO: SAN ANDREAS’’
                                                                                                                      games as well as music and movies in
      tinue providing environmentally friendly gate-             Mr. UPTON. Mr. Speaker, I move to                    our committee, and I believe fully that
      ways to boating.                                         suspend the rules and agree to the reso-               parents are the first line of defense for
         On August 13, we will celebrate National              lution (H. Res. 376) expressing the sense              controlling what their kids watch. Up
      Marina Day. This annual celebration promotes             of the House of Representatives that                   until now, parents have been able to
      the United States’ 12,000 marinas and offers             the Federal Trade Commission should                    trust the Entertainment Software Rat-
      local marina operators the opportunity to host           investigate the publication of the video               ings Board, ESRB, to give them cred-
      educational events to bring tens of thousands            game     ‘‘Grand    Theft    Auto:   San               ible information about exactly what is
      of people to our country’s marinas. These ma-            Andreas’’ to determine if the publisher                in a video game. I want to make sure
      rinas are gateways to boating and help main-             intentionally deceived the Entertain-                  that that remains the case.
      tain the natural environments that we enjoy. In          ment Software Ratings Board to avoid                     According to the Federal Trade Com-
      fact, as we debate this resolution today, Amer-          an ‘‘Adults-Only’’ rating, as amended.                 mission, the FTC, parents are involved
      icans throughout the country are using their               The Clerk read as follows:                           in the purchase and rental of games
      summer vacations to enjoy their own rec-                                   H. Res. 376                          more than 8 out of 10 times, better
      reational boats or to charter time on profes-               Whereas the video game ‘‘Grand Theft                than 80 percent, making it indisputably
      sionally operated vessels.                               Auto: San Andreas’’ was given a rating of              clear that parents are the gatekeepers
         By serving as stewards of the environment,            ‘‘Mature’’ by the Entertainment Software               when it comes to deciding what games
      marina owners help protect our Nation’s nat-             Ratings Board;                                         they bring into their homes.
      ural resources for generations to come. Ma-                 Whereas the game contains sexually ex-                The facts about consumer awareness
      rina operators and owners realize that the suc-          plicit content that is accessible by con-
                                                               sumers but that appears to have been hidden
                                                                                                                      and use of the ESRB ratings: 78 percent
      cess of their industry relies in part on the
                                                               from the ratings board in order to avoid the           of parents are aware of the rating sys-
      health and beauty of their surroundings.
         In addition, marina owners are working                game receiving an ‘‘Adults Only’’ rating;              tem, up 8 percent in the last 2 years; 61
      closely with the United States Coast Guard to               Whereas the Entertainment Software Rat-             percent of parents are aware of content
      step up vigilance at their facilities to improve         ings Board took swift action in investigating          descriptors, up 53 percent in the last 2
                                                               the matter and revoked the ‘‘Mature’’ rat-             years; 70 percent of parents regularly
      security on U.S. waterways. These efforts in-            ing, ensuring any future sales of ‘‘Grand
      clude looking out for aggressive activities, at-                                                                check the rating before making a pur-
                                                               Theft Auto: San Andreas’’ will be under an             chase. If this company purposely hid
      tempts to gain access to vessels without prop-           ‘‘Adults Only’’ rating; and
      er identification, fixtures attached to structures,         Whereas the publisher of the video game,
                                                                                                                      that information or material to make a
      unusual diving operations, and vehicles and              Rockstar Games, may have deceived the rat-             sham of the ratings, it is nothing less
      vessels in unusual locations. Marina owners              ings board and consumers: Now, therefore, be           than deceptive advertising and it ought
      are on the water every day and when some-                it                                                     to be punished, in this case severely.
                                                                  Resolved, That it is the sense of the House           My resolution, coauthored by the
      thing appears unusual they are able to alert             of Representatives that—                               gentleman from Massachusetts (Mr.
      the Coast Guard.                                            (1) the Federal Trade Commission should
         Boating is an important pastime as well as                                                                   MARKEY), calls on the Federal Trade
                                                               investigate the publication of the video               Commission to investigate Rockstar
      a major business activity in my congressional            game ‘‘Grand Theft Auto: San Andreas’’ to
      district. From inside Puget Sound to the Pa-                                                                    Games to see if they intentionally de-
                                                               determine if the publisher, Rockstar Games,
      cific coast of Washington State and the Straits          deceived the Entertainment Software Rat-               ceived the ratings board to avoid the
      of Juan de Fuca, marinas provide access for              ings Board to avoid an ‘‘Adults-Only’’ rating;         Adults-Only rating, and, if they deter-
      recreational sailors and motor-powered cruis-            and                                                    mine that such deception or fraud has
      ing boats in addition to home ports for charter             (2) if the Commission determines Rockstar           taken place, that they apply the very
                                                               Games to have committed such deception or              toughest of penalties or sanctions. The
      boats and commercial fishermen.                          fraud, the Commission should apply the
         Mr. Speaker, it is fitting for the U.S. House                                                                video game industry has gone into
                                                               toughest of penalties.                                 great detail to define their ratings, but
      of Representatives to recognize the ongoing
                                                                 The SPEAKER pro tempore. Pursu-                      I want parents to feel confident that
      contribution of marina operators to our econ-
                                                               ant to the rule, the gentleman from                    the labeling of the video games that
      omy, our security, our environment, and most
                                                               Michigan (Mr. UPTON) and the gentle-                   they allow their kids to play or pur-
      of all, for providing us with a way of enjoying
                                                               woman from Minnesota (Ms. MCCOL-                       chase is reliable and that bad actors do
      a day on the water. I urge adoption of the res-
                                                               LUM) each will control 20 minutes.                     not get away with deceptions like this.
      olution.
         Mr. FILNER. Mr. Speaker, I yield                        The Chair recognizes the gentleman                     Mr. Speaker, if these ratings were
      back the balance of my time.                             from Michigan (Mr. UPTON).                             willfully violated, they ought to be
         Mr. COBLE. Mr. Speaker, I yield                                         GENERAL LEAVE                        punished, and a firm should not be al-
      back the balance of my time.                               Mr. UPTON. Mr. Speaker, I ask unan-                  lowed to profit from that outrageous
         The SPEAKER pro tempore (Mr.                          imous consent that all Members may                     circumstance when those rules are fol-
      KOLBE). The question is on the motion                    have 5 legislative days within which to                lowed by so many families when they
      offered by the gentleman from North                      revise and extend their remarks on this                buy or see the video games in their
      Carolina (Mr. COBLE) that the House                      legislation and to insert extraneous                   homes. This resolution calls for that.
      suspend the rules and agree to the reso-                 material on the same.                                    Mr. Speaker, I include for the
      lution, H. Res. 308.                                       The SPEAKER pro tempore. Is there                    RECORD a letter that I sent earlier this
         The question was taken.                               objection to the request of the gen-                   week to the Chair of the FTC signed by
         The SPEAKER pro tempore. In the                       tleman from Michigan?                                  more than 75 Members of Congress, the
      opinion of the Chair, two-thirds of                        There was no objection.                              cover letter signed by the gentleman
      those present have voted in the affirm-                    Mr. UPTON. Mr. Speaker, I yield my-                  from Michigan (Mr. DINGELL), the gen-
      ative.                                                   self such time as I may consume.                       tleman from Texas (Mr. BARTON), the



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      H6402                                              CONGRESSIONAL RECORD — HOUSE                                                            July 25, 2005
      gentleman from Massachusetts (Mr.                        They have been national leaders on                     game. Immediately, Wal-Mart, Target, Best
      MARKEY) and myself, asking that the                      calling on retail stores across the coun-              Buy and several other retailers pulled it
      FTC take every action that they can if,                  try to ensure age-specific ratings are                 from their shelves. Rockstar, the game’s de-
                                                                                                                      veloper, which for weeks blamed ‘‘outsiders’’
      in fact, the material shows that it was                  enforced. I agree, and I support an
                                                                                                                      for the sexually explicit modifications, now
      wrong in terms of getting the ‘‘M’’ rat-                 independent rating system and retailer                 admits that the retail version was produced
      ing.                                                     responsibility.                                        with them on the game. It has now ceased
             CONGRESS OF THE UNITED STATES,                      The video game industry has a scan-                  production of that version and will produce
                     Washington, DC, July 21, 2005.            dal on its hands, and parents across                   one minus the pornography.
      Hon. DEBORAH PLATT MAJORAS,                              America have been given a wake-up                         Before someone is tempted to nominate ei-
      Chairman, Federal Trade Commission,                      call. Video games can be fun, but they                 ther company for a Good Citizenship Award,
      Washington, DC.                                          can also be very powerful tools for ex-                keep in mind what will remain on the game.
        CHAIRMAN MAJORAS: We write to express                                                                         ‘‘Grand Theft Auto: San Andreas’’ is defi-
      our profound concern regarding the sexually
                                                               posing children to violence, sex and in-               nitely not ‘‘Ms. Pacman.’’ An amazon.com
      explicit material contained in the rated ‘‘M’’           appropriate material. Grand Theft                      review describes it as ‘‘even more bloody,
      video game ‘‘Grand Theft Auto: San                       Auto: San Andreas is not a video game.                 violent, and sadistic than its popular prede-
      Andreas.’’ We ask for your attention to this             It is a violent and sexually explicit tool             cessors, offering up an enormous 3–D city in
      matter and to determine if the publisher,                to train virtual victimizers in crime                  which nearly any criminal act is possible.
      Rockstar Games, intentionally deceived the               and sexual violence, and this was be-                  Players are free to steal cars, beat up the
      Entertainment Software Rating Board to                   fore the current pornographic scenes                   local population for their money (or weap-
      avoid an ‘‘Adults-Only’’ rating. We believe              were exposed.                                          ons), make time with prostitutes, or simply
      that they may have and the toughest pen-                                                                        roam to their heart’s content.’’
                                                                 In a review of Grand Theft Auto: San                    The ‘‘toned-down’’ version will be rated
      alties need to be applied.
        The recent release of ‘‘Grand Theft Auto:              Andreas on Amazon.com, it is de-                       Mature, making it available for anyone 17 or
      San Andreas’’ was widely anticipated by con-             scribed as ‘‘even more bloody, violent                 older.
      sumers, but an ‘‘Adults-Only’’ rating would              and sadistic than its popular prede-                      The violence in ‘‘Grand Theft Auto’’ is not
      have severely limited its sales in retail out-           cessors, offering up an enormous 3–D                   an aberration. Take-Two is excited about its
      lets. It appears that the publisher has bla-             city in which nearly any criminal act                  upcoming release, ‘‘Bully.’’ Take-Two says
      tantly circumvented the rules in order to                is possible. Players are free to steal                 ‘‘you’ll laugh and cringe as you stand up to
      peddle sexually explicit material to our                 cars, beat up the local population for                 bullies, get picked on by teachers, play
      youth, and they should be held accountable.                                                                     pranks on malicious kids, win or lose the
        We stand in agreement that parental in-                their money or weapons, to make time                   girl, and ultimately learn to navigate the ob-
      volvement is the most important line of de-              with prostitutes, or to simply roam to                 stacles of the fictitious reform school,
      fense in determining the type of content                 their heart’s content.’’ That was a re-                Bullworth Academy.’’ Given its track record
      suitable for children, and the ratings system            view before the pornographic scenes                    with other games, it is safe to assume gun-
      empowers parents to do just that. Unfortu-               were made known.                                       play will be featured prominently in
      nately, this latest incident of deceit has se-             Dr. Walsh has been, as I said, out-                  ‘‘Bully.’’ We wonder if the folks in Littleton,
      verely degraded the integrity of the ratings             spoken on this issue. Even before the                  Colo., or Cold Spring, Minn., will laugh.
      system. How can parents trust a system in                                                                          This all alarms David Walsh, president and
                                                               pornographic scenes were exposed, Dr.
      which game makers do an end-run around                                                                          founder of the National Institute on Media
      the process to deliver pornographic material             Walsh, and I quote him as saying, this                 and the Family. His research shows that the
      to our kids?                                             was not an appropriate game for our                    teen brain is still a work in progress, strug-
        We appreciate the ESRB’s swift action in               children, this violence training tool                  gling to manage sexual and violent impulses.
      investigating the matter and revoking the M              was rated ‘‘M’’ for mature, meaning                    These games, which are marketed toward
      rating and ensuring any further sales of                 the material was suitable for persons                  teens, should not be in the hands of teens, he
      ‘‘Grand Theft Auto: San Andreas’’ will be                age 17 and older. Titles in this category              believes.
      under an AO rating. But this action should               may contain intense violence, blood                       We agree. The rating system for video
      have never been necessary had Rockstar                                                                          games simply doesn’t work. The ESRB was
      Games complied with industry standards
                                                               and gore, sexual conduct, and/or strong
                                                                                                                      established by the Entertainment Software
      from the outset.                                         language. The shooting of police offi-                 Association. Advising the ESA is an execu-
        We respectfully request that you inves-                cers, the killing of senior citizens for               tive from Take-Two Entertainment, which
      tigate this matter, and if Rockstar Games is             sport and winning points for sleeping                  owns Rockstar, which makes of ‘‘Grand
      found to have intentionally deceived Amer-               with prostitutes and then killing them                 Theft Auto.’’ It’s comparable to letting the
      ican consumers, we ask that severe sanctions             is not a game for 17-year-olds. It is dis-             defense attorney serve as the jury foreman.
      are imposed to the greatest extent under the             gusting, and it is a vile example of an                   This industry repeatedly has shown it
      law. This type of profiteering from peddling                                                                    can’t be trusted to monitor itself. There is
                                                               industry with enormous potential
      smut to minors must not be tolerated. A                                                                         too much money to be made from young peo-
      company cannot be allowed to profit from                 being hijacked.                                        ple by keeping ratings standards relaxed, and
      deceit.                                                    However, I would like to applaud two                 there are no penalties for companies that
        We appreciate your attention to this mat-              Minnesota-based retailers, Best Buy                    skirt the rules.
      ter and look forward to your response.                   and Target, for their responsible and                     Parents aren’t off the hook. They need to
            Sincerely,                                         prudent decision to remove this so-                    take more of an interest in the kinds of
        Fred Upton, Ed Markey, Joe Barton, John                called ‘‘game’’ from their shelves. I                  games their children are playing. But a truly
      Dingell, and 75 other Members of Congress.               strongly support the intent of this res-               independent oversight body is necessary. By
        Mr. Speaker, I reserve the balance of                  olution.                                               evaluating and rating these games, a proper
      my time.                                                                                                        oversight panel would help arm parents with
                                                                 I would also like to enter for the
        Ms. MCCOLLUM of Minnesota. Mr.                                                                                the information they need to ensure the
                                                               RECORD two editorials, one from the                    video games their children are playing are
      Speaker, I yield myself such time as I                   Minneapolis Star Tribune and one from                  age-appropriate.
      may consume.                                             the New York Times, calling on action
        I appreciate the opportunity to speak                  because of this game.                                    [From the New York Times, July 21, 2005]
      on House Resolution 376. I would like                      [From the Minneapolis Star Tribune, July              VIDEO GAME KNOWN FOR VIOLENCE LANDS IN
      to commend the resolution’s author,                                          25, 2005]                                    RATING TROUBLE OVER SEX
      the gentleman from Michigan (Mr.                          GRAND THEFT/ABSENT PORN, STILL NOT FOR                              (By Seth Schiesel)
      UPTON). I agree with the previous re-                                         TEENS                               Under pressure from Democratic senators,
      marks made by him.                                         Take-Two Interactive and Rockstar Games              the board that rates video games assigned
        Let me start by commending an or-                      must have thought they were pulling a fast             the latest installment of the Grand Theft
      ganization, however, I have worked                       one on parents. Hidden in the bestselling              Auto series an adults-only label yesterday,
      with over the past 3 years, the National                 video game ‘‘Grand Theft Auto: San                     effectively removing it form the shelves of
      Institute on Media and the Family, and                   Andreas’’—activated by an Internet down-               most major retail stores.
      its founder Dr. David Walsh, for uncov-                  load and a code—are scenes that allow play-              The decision comes a few weeks after inde-
                                                               ers to engage in virtual sex acts.                     pendent programmers uncovered a sexually
      ering and exposing this video game
                                                                 But the inside joke eventually went public.          suggestive scene that the game’s creators
      scandal. Dr. Walsh and the Institute on                  And people didn’t laugh.                               say was never meant to be seen.
      Media and the Family have for years                        Last week, the Entertainment Software                  The board’s president, Patricia Vance, said
      been calling for an independent rating                   Ratings Board (ESRB) slapped an AO (adults             yesterday that the move was the first time
      system on interactive video games.                       only 18-plus) rating on the popular video              in years that the group, the Entertainment




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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                      H6403
      Software Rating Board, had changed the rat-              before shipping it.’’ she said. ‘‘In the past          that if, in fact, they did violate the
      ing for a game that had already been re-                 they may have included content on the disc             standard that they ought to use every
      leased. The rating was changed to ‘‘Adults               that they never intended the audience to ac-           sanction that they can to go after this
      Only’’ from ‘‘Mature,’’ which is meant to sig-           cess, but now hackers have sophisticated
                                                                                                                      particular manufacturer.
      nal appropriateness for players 17 and older.            tools to unlock this stuff and the publishers
        Several top video game retailers, including            have to be sure to either disclose the mate-              But this resolution spells it all out as
      Wal-Mart and Target, said yesterday that                 rial to us or delete it.’’                             well. And I would urge my colleagues
      they would no longer sells the current                     Yesterday’s move came as the industry and            to support this resolution because that
      version of the game, Grand Theft Auto: San               the ratings board have come under increas-             indeed will send the message not only
      Andreas.                                                 ing political pressure. After reports about            to this particular gamemaker but to
        Like the motion picture ratings system,                the modification, Senator Hillary Rodham               use all the strength that the FTC has
      the video game’s review system is nominally              Clinton, Democrat of New York, called on               for those who violate those standards
      voluntary but usually compulsory in prac-                the Federal Trade commission last week to
      tice. Just as major movie theater chains al-
                                                                                                                      that we ought to seek sanctions appro-
                                                               investigate the game’s earlier mature rating.
      most always refuse to exhibit NC–17 movies,                Mr. Walker of Rockstar said the company              priately to go after them so they do
      most mainstream retailers refuse to stock                intended to release a new version of the               not profit from despicable games like
      adults-only games.                                       game without the Hot Coffee code as soon as            this that no 13-year-old ought to be ex-
        The game’s developer, Rockstar Games,                  possible.                                              posed to, let alone families across the
      which is owned by Take-Two Interactive,                    Ms. Vance said such a move would restore             country.
      said yesterday that it would stop making the             the Mature rating, and a Wal-Mart spokes-                 Mr. BACA. Mr. Speaker, I rise in support of
      current version of the game and would re-                woman said that her company would almost               H. Res. 376, to ask the FTC to look into the
      lease a new version as soon as possible.                 certainly restock the new version.
        Fueled by a mix of freewheeling play and                                                                      misrating of the ‘‘Grand Theft Auto’’ video
                                                                 Nonetheless, Take-Two lowered its finan-
      rough-and-tumble urban motifs, the Grand                 cial forecast for its year that ends in Octo-
                                                                                                                      game.
      Theft Auto series has become one of the                  ber.                                                      I have been working on this issue for the
      world’s most popular game franchises. Ac-                  The company said it expected net sales for           last five years, since 2000, and have been
      cording to the NPD Group, a market re-                   the year of $1.26 billion to $1.31 billion, down       working also with Representative WOLF and
      search firm, the game had sold more than 21              from an earlier forecast of $1.3 billion to 1.35       others to ensure that members and the public
      million copies since 2001 and had generated              billion. The company said it expected earn-            understand the importance of this issue to our
      $924 million in revenue for Rockstar Games.              ings of $1.05 to $1.12 a share, down from an           children. It’s good to know that other members
        Even as game players, mostly young men,                earlier forecast of $1.40 to $1.47 a share.
      have flocked to the series, politicians have                                                                    are becoming aware of the problem and to-
      signaled it out for its violence and sexually              The Federal Trade Commission                         gether we can work in a bipartisan effort and
      suggestive material.                                     should look into this matter and inves-                make a difference.
        The franchise’s latest installment, San                tigate how this hidden material was                       Through our hard work, and that of those
      Andreas, has sold almost six million copies              placed in Grand Theft Auto. Parents                    who are with us, the ESRB, the Voluntary In-
      since its release in October but has drawn               across America must learn from this                    dustry Rating Board, has now changed the
      close scrutiny in recent weeks after inde-               episode and participate and understand                 rating of ‘‘Grand Theft Auto’’ from an M to an
      pendent game enthusiasts uncovered a sex-                the games that their children are play-                AO. That is not enough, because there are lit-
      oriented ‘‘minigame’’ that had been hidden
      in the program’s code.
                                                               ing. They must play the games with                     erally dozens of games out there that have the
        To unlock the hidden scene, a user must                their children when they bring them                    same type of offensive content, and the bur-
      download a program from the Internet                     home and constantly review as the                      den is now on the industry to explain why all
      known as Hot Coffee that was created by                  child progresses through the game, as                  of those games should not be rated AO, also.
      fans of the game. The scene depicts mostly               the game changes. But right now what                      But we will not wait for the industry. We
      clothed digital people performing sex move-              is needed more than ever is an inde-                   must take action now. We must step up the
      ments.                                                   pendent rating system. We need it. We                  pressure. For this reason, we have asked the
        ‘‘An artist makes a painting, then doesn’t
      like the first version and paints over the
                                                               need it immediately.                                   FTC to scrutinize all video games, including
      canvas with a new painting, right?’’ said                  Mr. Speaker, I yield back the balance                ‘‘Grand Theft Auto’’, to make sure they are
      Rodney Walker, a spokesman for Rockstar                  of my time.                                            properly rated. We appreciate the continued
      Games. ‘‘That’s what happened here. Hack-                  Mr. UPTON. Mr. Speaker, I yield my-                  expression of support by the Congress. To-
      ers on the Internet made a program that                  self the balance of my time.                           gether we can make a difference.
      scratches the canvas to reveal an earlier                  Mr. Speaker, I am a dad. I have got                     My legislation, the Software Accuracy and
      draft of the game.’’                                     two teenagers. My son has an X Box                     Fraud Evaluation Rating Act or Safe Rating
        Yesterday’s decision by the rating board is                                                                   Act (H.R. 1145), would empower parents, by
                                                               game. We are very careful in terms of
      sure to fuel tension between game companies
      and a subset of their players, known as                  the games that come into our house,                    calling upon the FTC to look at all video game
      modders, who make modifications for their                both when we go to the store to pur-                   ratings.
      favorite titles. Many companies, including               chase them as well as what both he and                    Parents are the gatekeeper for what their
      Rockstar, have traditionally encouraged                  my daughter watch. It is my clear un-                  children watch or play, but how can they do
      modders as a way of extending the life and               derstanding, and the gentlewoman                       that, if the ratings are not accurate? How can
      relevance of their games.                                from Minnesota and my colleagues                       they do that if the ratings are confusing? We
        But yesterday’s action may also encourage              here know it is our understanding, that                must empower parents!
      publishers to make their games less                                                                                The decision to rate ‘‘Grand Theft Auto—
                                                               this particular video game never
      alterable so that they are not held respon-
      sible for the changes the modders make or                should have had an ‘‘M’’ rating. It al-                San Andreas’’ as adults only represents a
      the old code that they unearth.                          ways should have been an ‘‘Adults-                     small victory for those of us who have been
        In a statement, Take-Two said that it was              Only.’’ Had it had an ‘‘Adults-Only,’’ it              calling on the video game industry to clean up
      considering legal action against companies               would not have been on the shelves of                  its act.
      that help game players change the content.               a number of different major retail                        However, the industry’s self-regulation is a
        Game players can buy devices on Web sites              stores, whether they be Best Buy,                      case of the fox guarding the hen house—and
      that allow them to alter games for consoles                                                                     American children are at risk because of this.
                                                               Sears, Wal-Mart, et cetera. It was ap-
      like Sony’s PlayStation 2 that are impos-                                                                          Although the ratings board has decided in
      sible for normal users to change. On personal            propriate that they immediately re-
      computers, users can change their games                  move those games from their shelves.                   July of 2005 that San Andreas should be rated
      without special hardware.                                                                                       adults only, it has already been sold for at
                                                                                b 1545                                least 18 months, earning millions of dollars for
        Ms. Vance, the board’s president, said that
      the mere presence of the Hot Coffee scene on               It is not appropriate. We are thinking               its producer. In fact, it was the best-selling
      the game disc, even in locked form, was                  that we are taking the right steps to                  game of 2004! And that means that millions of
      cause to change the rating.                              send that message for all families                     American children have played it, being ex-
        This is the first time that we have dealt              across this country. Not only did we                   posed to graphic violent and sexual content.
      with a third-party modification and this
                                                               get the letter that was signed literally                  Parents are confused by the ratings and
      raises a number of issues that we as an in-
      dustry will have to deal with,’’ Ms. Vance               in about 10 minutes by more than 75                    angry that their kids are being exposed to filth
      said.                                                    Members of this House in a bipartisan                  and violence.
        ‘‘We want to make it very clear to pub-                approach, but I have called the FTC to                    I hear from concerned parents in my district
      lishers that they must clean up their product            talk with them as well to make sure                    in California and from all over America.



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      H6404                                              CONGRESSIONAL RECORD — HOUSE                                                            July 25, 2005
         The most important step we should take                Take-Two Interactive Software Inc. said it             the scenes were part of the game’s original
      now is to pursue an investigation by the Fed-            planned to rework ‘‘San Andreas’’—the top-             code and warranted a re-rating of ‘‘San
      eral Trade Commission into the video game                selling video game of 2004—and reissue it              Andreas,’’ versions of which play on Sony
                                                               later this year.                                       Corp.’s PlayStation 2, Microsoft Corp.’s Xbox
      rating system as my legislation calls for.                  The ratings board is similar to the Motion          and personal computers.
         I have recently met with the FTC chair-               Picture Assn. of America’s rating board. A                ‘‘After a thorough investigation, we have
      woman Deborah Majoras to press for changes               ‘‘Mature’’ rating is analogous to an R movie           concluded that sexually explicit material ex-
      in how the games are reviewed and rated.                 rating, and ‘‘Adults Only’’ is equivalent to           ists in a fully rendered, unmodified form on
         This is a $25 billion worldwide industry that         NC–17. Most retailers refuse to sell ‘‘Adults          the final discs of all three platform versions
      makes much of its profits by targeting teenage           Only’’ games.                                          of the game,’’ said Patricia Vance, president
      and younger boys.                                           Executives at New York-based Take-Two               of the ratings board. ‘‘Clearly the [original]
         The industry can give a game an M rating              had denied for weeks that company program-             rating was incorrect, and it needed to be cor-
                                                               mers were responsible for the graphic sex              rected.’’
      with a wink because it knows that any kid can
                                                               scenes, which can be unlocked with software               Take-Two’s Walker said Wednesday that
      buy a game even if it has an M rating.                   that was widely available on the Internet.             the sex scenes were never meant to be seen
         There are several problems with the M Rat-            But Wednesday they acknowledged that the               by the public and that they were revealed
      ing:                                                     game’s designers had created the scenes,               only when an outside programmer, called a
         The wording on the label (in the small print          dubbed ‘‘Hot Coffee.’’                                 ‘‘modder,’’ wrote software to unlock them.
      on the back of the package) does not give                   ‘‘The editing of any game is a highly tech-            ‘‘The mod community scratched the paint-
      parents a full and honest understanding of               nical process,’’ said Take-Two spokesman               ing, revealing the earlier work,’’ he said.
      what is really in the game.                              Rodney Walker. ‘‘We liken it to a painter                 Analysts estimated that modifying and re-
         The M rating is confusing because the cri-            who paints one painting and paints over it on          marketing ‘‘San Andreas’’ would cost Take-
                                                               the same canvas.’’                                     Two about $40 million in lost sales. Shares of
      teria that the industry uses to determine an M              Walker’s explanation did little to mollify          Take-Two fell 11% in after-hours trading.
      rating is almost identical to what it uses for the       critics, who point to the ‘‘Grand Theft Auto’’            ‘‘It was a very poor exercise of judgment
      adults only rating.                                      series to highlight the issue of violence and          and a very costly one,’’ said Michael
         Kids are buying these games! This month               sexuality in video games. The games cele-              Pachter, a video game industry analyst at
      CBS News reported the results of a recent                brate nihilistic killing, and Take-Two has             Wedbush Morgan Securities in Los Angeles.
      study: Despite the warning labels, 50 percent            reveled in its image as the bad boy of a $25-          ‘‘It’s an embarrassment for management be-
      of boys age 7–14 have bought a game rated-               billion global game industry that’s trying to          cause obviously a maverick developer in
      M, for mature audiences, and a stunning nine             gain respectability to match its profits.              their studios decided to put this stuff in
                                                                  ‘‘It looks like Take-Two Interactive pur-           there. I can only fault the management team
      out of ten of the boys have played them.                 posefully conned the video game industry
         These games are harmful to children. Play-                                                                   for not putting systems in place to vet their
                                                               rating board and parents across the coun-              games.’’
      ing a violent or graphic video game hurts a              try,’’ said Washington state Rep. Mary Lou                Take-Two is no stranger to controversy.
      child even more than watching a violent movie            Dickerson. ‘‘ ‘San Andreas,’ as a top-selling          Previous installments of ‘‘Grand Theft
      or TV show or listening to an obscene song               game in the country, now is in the hands of            Auto’’ have been adored by hard-core gamers
      because the child is role playing. The child as-         thousands of children who can practice inter-          but excoriated by parent groups and law-
      sumes the identity of a criminal or a gang               active pornography. There should be legal              makers for their depictions of violence and
      member.                                                  consequences . . . so [the company doesn’t]            sex.
         Too many video games glorify and reward               laugh all the way to the bank.’’                          In one, players could have sex with a pros-
                                                                  ‘‘San Andreas,’’ which retails for about $50,       titute and then beat her to death and take
      violent and criminal behavior. Why don’t the             has sold more than 12 million copies world-            back their money. That game was rated
      video games feature heroic characters? In-               wide since its launch in October. ‘‘Mature’’           ‘‘Mature’’ because players did not see the
      stead of having a child act like a cop-killer,           rated games are intended for players older             sex. Instead, they saw a parked car rock
      why not make him a police officer? Instead of            than 17. Many retailers keep such games                back and forth.
      someone who kills, why not make him a life-              under lock and key and have policies requir-              Some lawmakers criticized the ratings
      saver, like a fireman or a doctor?                       ing clerks to check the identification of buy-         board for failing to detect the sex scenes in
         It’s time that the video game industry acted          ers.                                                   its initial evaluation of ‘‘San Andreas’’ last
                                                                  Wal-Mart Stores Inc., which accounts for            year. Although the system is voluntary,
      responsibly. It’s time to take a hard look at
                                                               as much as 20% of video game sales in the              most game publishers seek a rating from the
      their ratings. We must support this legislation          United States, began removing ‘‘San                    organization, which evaluated more than
      on the floor today, and I urge all members to            Andreas’’ from its shelves Wednesday, as did           1,000 titles last year.
      give their full support to my bill, H.R. 1145, to        Best Buy Co.                                              ‘‘It should not have taken this long,’’ said
      have the FTC look at the ratings of all video               ‘‘Our policy is not to carry any adult titles       Rep. Joe Baca (D–Rialto). ‘‘This is evidence
      games.                                                   on our shelves,’’ said Wal-Mart spokeswoman            that the voluntary ratings system does not
         Mr. WOLF. Mr. Speaker, with consideration             Karen Burk, who said buyers ‘‘can certainly            work.’’
      of H. Res. 376, which expressed the sense of             bring the product back’’ for a refund.                    Video game industry executives tried to
                                                                  Take-Two said it would make a patch                 assure parents that the ‘‘San Andreas’’ inci-
      the House of Representatives that the Federal            available for downloading so that customers
      Trade Commission Should Investigate the                                                                         dent was an anomaly.
                                                               could block the sex scenes.                               The ratings board ‘‘has been in business for
      Publication of the Video Game ‘‘Grand Theft                 Word of the scenes began spreading over             11 years, and there has never yet been an in-
      Auto: San Andreas’’ to determine if the pub-             the Internet last month after Dutch pro-               cident of this kind,’’ said Doug Lowenstein,
      lisher intentionally deceived the Entertainment          grammer Patrick Wildenbourg began distrib-             head of the Entertainment Software Assn.,
      Software Ratings Board to avoid an ‘‘Adults-             uting software that he said unlocked them.             the industry’s trade group. ‘‘You’re looking
      Only’’ rating, I would like to enter a recent arti-         Many video games have secrets to which              at well over 10,000 games rated. If you look
                                                               players gain access as they progress. They
      cle from the Los Angeles Times into the                                                                         at that track record, you can say parents
                                                               might, for instance, win extra powers or               have every reason to be confident in the rat-
      RECORD. This article highlights the conflict of          reach hidden levels.
      interest that is inherent in a voluntary rating                                                                 ings system.’’
                                                                  ‘‘Hot Coffee,’’ by contrast, is an interactive
                                                                                                                         Some consumers weren’t completely reas-
      system. The real question is: Can you trust              sex game, featuring oral sex and intercourse.
                                                                                                                      sured.
      this industry?                                              Wildenbourg, who removed his software
                                                                                                                         ‘‘As a parent I’ve lost some confidence in
       [From the Los Angeles Times, July 21, 2005]             from the Internet on Wednesday, declined to
                                                                                                                      the [ratings board’s] ability to police the in-
                                                               comment.
         HIDDEN SEX SCENES SPARK FUROR OVER                                                                           dustry,’’ said Dennis McCauley, editor of
                                                                  As late as last week, Take-Two had in-
                       VIDEO GAME                                                                                     GamePolitics.com. ‘‘But [the board] did take
                                                               sisted that the sex scenes were ‘‘the work of
                     (By Alex Pham)                                                                                   a big step today, and I have to give them
                                                               a determined group of hackers who have
        The oversight board that puts parental rat-                                                                   credit for that.’’
                                                               gone to significant trouble to alter scenes in
      ings on video games took the unusual step                the official version of the game.’’ Hackers,             Mr. UPTON. Mr. Speaker, I have no
      Wednesday of slapping its strongest warning              the company said, created the scenes by                further requests for time, and I yield
      on a bestselling title as the game maker ad-             ‘‘disassembling and then combining, recom-             back the balance of my time.
      mitted putting explicit, interactive sex                 piling and altering the game’s code.’’                   The SPEAKER pro tempore (Mr.
      scenes on the disc.                                         The scenes prompted an outcry from game
                                                                                                                      KOLBE). The question is on the motion
        Retailers began pulling copies of ‘‘Grand              critics, including Sen. Hillary Rodham Clin-
      Theft Auto: San Andreas’’ from their shelves             ton (D–N.Y.), who last week called for a fed-          offered by the gentleman from Michi-
      after the Entertainment Software Ratings                 eral investigation into ‘‘Hot Coffee.’’                gan (Mr. UPTON) that the House sus-
      Board revoked the game’s ‘‘Mature’’ rating                  The Entertainment Software Ratings                  pend the rules and agree to the resolu-
      and raised it to ‘‘Adults Only.’’ Publisher              Board began a review to determine whether              tion, H. Res. 376, as amended.



VerDate Aug 04 2004   04:22 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00022   Fmt 7634   Sfmt 0634   E:\CR\FM\A25JY7.034   H25JYPT1
      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                             H6405
        The question was taken.                                the gentleman from California (Mr.                       Northup            Ross               Tancredo
                                                                                                                        Norwood            Roybal-Allard      Tanner
        The SPEAKER pro tempore. In the                        ISSA) that the House suspend the rules                   Nunes              Royce              Tauscher
      opinion of the Chair, two-thirds of                      and pass the joint resolution, H. J. Res.                Oberstar           Ruppersberger      Taylor (MS)
      those present have voted in the affirm-                  59, as amended, on which the yeas and                    Obey               Ryan (OH)          Taylor (NC)
      ative.                                                   nays are ordered.                                        Olver              Ryan (WI)          Thomas
                                                                                                                        Osborne            Ryun (KS)          Thompson (CA)
        Mr. UPTON. Mr. Speaker, on that I                        The vote was taken by electronic de-                   Otter              Sabo               Thompson (MS)
      demand the yeas and nays.                                vice, and there were—yeas 378, nays 0,                   Owens              Salazar            Thornberry
        The yeas and nays were ordered.                                                                                 Oxley               ´
                                                                                                                                           Sanchez, Linda
                                                               not voting 55, as follows:                                                                     Tiahrt
                                                                                                                        Pallone              T.               Tierney
        The SPEAKER pro tempore. Pursu-                                           [Roll No. 417]                        Pascrell           Sanchez, Loretta   Towns
      ant to clause 8 of rule XX and the                                           YEAS—378                             Pastor             Sanders            Turner
      Chair’s prior announcement, further                      Abercrombie
                                                                                                                        Paul               Saxton             Udall (CO)
                                                                                 DeGette              Jones (NC)        Payne              Schakowsky
      proceedings on this motion will be                       Ackerman          DeLauro              Jones (OH)                                              Udall (NM)
                                                                                                                        Pearce             Schwartz (PA)
      postponed.                                               Aderholt          DeLay                Kanjorski                                               Upton
                                                                                                                        Pence              Schwarz (MI)
                                                               Akin              Dent                 Kaptur                                                  Van Hollen
                       f                                       Alexander         Diaz-Balart, L.      Keller
                                                                                                                        Peterson (MN)      Scott (GA)            ´
                                                                                                                                                              Velazquez
                                                                                                                        Peterson (PA)      Scott (VA)
                                                               Allen             Dicks                Kelly                                                   Visclosky
      ANNOUNCEMENT BY THE SPEAKER                              Andrews           Dingell              Kennedy (MN)
                                                                                                                        Petri              Sensenbrenner
                                                                                                                                                              Walden (OR)
                                                                                                                        Pickering          Serrano
                  PRO TEMPORE                                  Baca              Doggett              Kennedy (RI)      Pitts              Sessions           Walsh
                                                               Bachus            Doyle                Kildee                                                  Wamp
        The SPEAKER pro tempore. The                           Baird             Drake                Kind
                                                                                                                        Platts             Shadegg
                                                                                                                                                              Wasserman
                                                                                                                        Poe                Shaw
      Chair earlier announced to the Mem-                      Baker             Dreier               King (IA)         Pombo              Sherman              Schultz
      bers that there would be a moment of                     Baldwin           Duncan               Kingston          Pomeroy            Sherwood           Waters
      silence observed at this time in honor                   Barrett (SC)      Edwards              Kline             Porter             Shimkus            Watson
                                                               Barrow            Ehlers               Knollenberg       Price (GA)         Shuster            Watt
      of Officers Gibson and Chestnut.                         Bartlett (MD)     Emanuel              Kolbe                                                   Waxman
                                                                                                                        Price (NC)         Simmons
        However, this moment of silence will                   Barton (TX)       Emerson              Kucinich          Putnam             Simpson            Weiner
      be observed this evening in between                      Bass              Engel                Kuhl (NY)         Ramstad            Skelton            Weller
                                                               Beauprez          English (PA)         LaHood                                                  Westmoreland
      votes, which will commence at 6:30                       Berkley           Eshoo                Langevin
                                                                                                                        Rangel             Slaughter
                                                                                                                        Regula             Smith (NJ)         Wexler
      p.m.                                                     Berry             Etheridge            Lantos            Rehberg            Smith (TX)         Whitfield
                       f                                       Biggert           Evans                Larsen (WA)       Reichert           Smith (WA)         Wicker
                                                               Bilirakis         Everett              Larson (CT)       Renzi              Snyder             Wilson (NM)
                     RECESS                                    Bishop (GA)       Farr                 Latham            Reynolds           Solis              Wilson (SC)
                                                               Bishop (NY)       Ferguson             LaTourette        Rogers (AL)        Spratt             Wolf
        The SPEAKER pro tempore. Pursu-                        Blackburn         Filner               Leach             Rogers (KY)        Stark              Woolsey
      ant to clause 12(a) of rule I, the Chair                 Blumenauer        Fitzpatrick (PA)     Lee               Rogers (MI)        Stearns            Wu
                                                               Blunt             Flake                Levin
      declares the House in recess until ap-                   Boehlert          Foley                Lewis (CA)
                                                                                                                        Rohrabacher        Stupak             Wynn
                                                                                                                        Ros-Lehtinen       Sullivan           Young (AK)
      proximately 6:30 p.m. today.                             Boehner           Forbes               Lewis (GA)
        Accordingly (at 3 o’clock and 47 min-                  Bonilla           Fortenberry          Lewis (KY)                          NOT VOTING—55
      utes p.m.), the House stood in recess                    Bonner            Foxx                 Lipinski
                                                               Bono              Frank (MA)           LoBiondo          Bean               Ford               Pelosi
      until approximately 6:30 p.m.                            Boozman           Franks (AZ)          Lofgren, Zoe      Becerra            Fossella           Pryce (OH)
                       f                                       Boren             Frelinghuysen        Lowey             Berman             Gallegly           Radanovich
                                                               Boswell           Garrett (NJ)         Lucas             Bishop (UT)        Gibbons            Rahall
                            b 1830                             Boucher           Gerlach              Lungren, Daniel   Brown, Corrine     Gutierrez          Reyes
                                                               Boustany          Gilchrest              E.              Brown-Waite,       Hinojosa           Rothman
                 AFTER RECESS                                  Boyd              Gillmor              Lynch               Ginny            Hobson             Rush
                                                               Bradley (NH)      Gingrey              Mack              Buyer              Hostettler         Schiff
        The recess having expired, the House                   Brady (PA)        Gohmert              Maloney           Cannon             Hulshof
                                                                                                                                                              Shays
      was called to order by the Speaker pro                   Brady (TX)        Gonzalez             Manzullo          Clay               Istook
                                                                                                                                                              Sodrel
      tempore (Mrs. EMERSON) at 6 o’clock                      Brown (OH)        Goode                Marchant          Cole (OK)          Jenkins
                                                                                                                        Cooper                                Souder
                                                               Brown (SC)        Goodlatte            Markey                               Kilpatrick (MI)
      and 30 minutes p.m.                                      Burgess           Gordon               Marshall          Cramer             King (NY)          Strickland
                                                                                                                                                              Sweeney
                       f                                       Burton (IN)       Granger              Matheson          Cunningham         Kirk
                                                                                                                                                              Terry
                                                               Butterfield       Graves               Matsui            Delahunt           Linder
      ANNOUNCEMENT BY THE SPEAKER                              Calvert           Green (WI)           McCarthy          Diaz-Balart, M.    Miller (MI)        Tiberi
                                                               Camp              Green, Al            McCaul (TX)       Doolittle          Neal (MA)          Weldon (FL)
                  PRO TEMPORE                                                                                                                                 Weldon (PA)
                                                               Cantor            Green, Gene          McCollum (MN)     Fattah             Nussle
        The SPEAKER pro tempore. Pursu-                        Capito            Grijalva             McCotter          Feeney             Ortiz              Young (FL)
      ant to clause 8 of rule XX, proceedings                  Capps             Gutknecht            McCrery
                                                               Capuano           Hall                 McDermott
      will resume on three of the motions to                   Cardin            Harman               McGovern                                 b 1854
      suspend the rules previously postponed.                  Cardoza           Harris               McHenry
      Votes will be taken in the following                     Carnahan          Hart                 McHugh              Ms. WOOLSEY and Mr. FERGUSON
      order:                                                   Carson            Hastings (FL)        McIntyre          changed their vote from ‘‘nay’’ to yea.’’
                                                               Carter            Hastings (WA)        McKeon
        H.J. Res. 59 by the yeas and nays;                     Case              Hayes                McKinney            So (two-thirds having voted in favor
        H. Con. Res. 181 by the yeas and nays;                 Castle            Hayworth             McMorris          thereof) the rules were suspended and
      and                                                      Chabot            Hefley               McNulty
                                                               Chandler          Hensarling           Meehan
                                                                                                                        the joint resolution, as amended, was
        H. Res. 376 by the yeas and nays.                      Chocola           Herger               Meek (FL)         passed.
        Proceedings on the other postponed                     Cleaver           Herseth              Meeks (NY)          The result of the vote was announced
      questions will resume on another day.                    Clyburn           Higgins              Melancon
                                                               Coble             Hinchey              Menendez          as above recorded.
        The first and third electronic votes
                                                               Conaway           Hoekstra             Mica                The title of the joint resolution was
      will be conducted as 15-minute votes.                    Conyers           Holden               Michaud
      The second vote in the series will be a                  Costa             Holt                 Millender-        amended so as to read: ‘‘Joint Resolu-
      5-minute vote.                                           Costello          Honda                  McDonald        tion Expressing the sense of Congress
                                                               Cox               Hooley               Miller (FL)       with respect to the women suffragists
                       f                                       Crenshaw          Hoyer                Miller (NC)
                                                               Crowley           Hunter               Miller, Gary
                                                                                                                        who fought for and won the right of
      EXPRESSING SENSE OF CONGRESS                             Cubin             Hyde                 Miller, George    women to vote in the United States.’’.
        WITH RESPECT TO COMMEMORA-                             Cuellar           Inglis (SC)          Mollohan
                                                                                                                          A motion to reconsider was laid on
        TION OF WOMEN SUFFRAGISTS                              Culberson         Inslee               Moore (KS)
                                                               Cummings          Israel               Moore (WI)        the table.
        The SPEAKER pro tempore. The                           Davis (AL)        Issa                 Moran (KS)
                                                                                                                          Stated for:
      pending business is the question of sus-                 Davis (CA)        Jackson (IL)         Moran (VA)
      pending the rules and passing the joint                  Davis (FL)        Jackson-Lee          Murphy              Mr. KIRK. Madam Speaker, on rollcall No.
                                                               Davis (IL)          (TX)               Murtha
      resolution, H. J. Res. 59, as amended.                   Davis (KY)        Jefferson            Musgrave
                                                                                                                        417 I was unavoidably detained. Had I been
        The Clerk read the title of the joint                  Davis (TN)        Jindal               Myrick            present, I would have voted ‘‘yea.’’
      resolution.                                              Davis, Jo Ann     Johnson (CT)         Nadler              Mr. SCHIFF. Madam Speaker, on rollcall
                                                               Davis, Tom        Johnson (IL)         Napolitano
        The SPEAKER pro tempore. The                           Deal (GA)         Johnson, E. B.       Neugebauer        No. 417 had I been present, I would have
      question is on the motion offered by                     DeFazio           Johnson, Sam         Ney               voted ‘‘yea.’’



VerDate Aug 04 2004   04:22 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00023   Fmt 7634   Sfmt 0634    E:\CR\FM\K25JY7.048   H25JYPT1
      H6406                                              CONGRESSIONAL RECORD — HOUSE                                                                      July 25, 2005
      MOMENT OF SILENCE OBSERVED                               Fortenberry        Lofgren, Zoe         Rogers (AL)        Cannon            Gutierrez         Radanovich
                                                               Foxx               Lowey                Rogers (KY)        Clay              Hinojosa          Rahall
        IN MEMORY OF OFFICER JACOB                             Frank (MA)         Lucas                Rogers (MI)        Cole (OK)         Hobson            Reyes
        J. CHESTNUT AND DETECTIVE                              Franks (AZ)        Lungren, Daniel      Rohrabacher        Cooper            Hostettler        Rothman
        JOHN M. GIBSON                                         Frelinghuysen        E.                 Ros-Lehtinen       Cramer            Hulshof           Rush
                                                               Garrett (NJ)       Lynch                Ross               Cunningham        Istook            Shays
        The SPEAKER pro tempore (Mrs.                          Gerlach            Mack                 Roybal-Allard      Davis (FL)        Jenkins           Sodrel
      EMERSON). Pursuant to the Chair’s an-                    Gilchrest          Maloney              Royce              Delahunt          Kilpatrick (MI)   Souder
      nouncement of earlier today, the House                   Gillmor            Manzullo             Ruppersberger      Diaz-Balart, M.   King (NY)         Strickland
                                                               Gingrey            Marchant             Ryan (OH)          Doolittle         Linder            Sweeney
      will now observe a moment of silence                     Gohmert            Markey                                  Fattah            Miller (MI)       Terry
                                                                                                       Ryan (WI)
      in memory of Officer Jacob J. Chestnut                   Gonzalez           Marshall             Ryun (KS)          Feeney            Nussle            Tiberi
      and Detective John M. Gibson.                            Goode              Matheson             Sabo               Fossella          Ortiz             Weldon (FL)
                                                               Goodlatte          Matsui                                  Gallegly          Pelosi            Weldon (PA)
        Will all please rise for a moment of                   Gordon             McCarthy
                                                                                                       Salazar
                                                                                                                          Gibbons           Pryce (OH)        Young (FL)
                                                                                                        ´
                                                                                                       Sanchez, Linda
      silence.                                                 Granger            McCaul (TX)            T.
        Thank you.                                             Graves             McCollum (MN)
                                                                                                       Sanchez, Loretta                    b 1906
                                                               Green (WI)         McCotter
                                                                                                       Sanders
                       f                                       Green, Al          McCrery
                                                                                                       Saxton
                                                                                                                            So (two-thirds having voted in favor
                                                               Green, Gene        McDermott                               thereof) the rules were suspended and
                                                                                                       Schakowsky
      ANNOUNCEMENT BY THE SPEAKER                              Grijalva           McGovern
                                                               Gutknecht          McHenry
                                                                                                       Schiff             the concurrent resolution, as amended,
                 PRO TEMPORE                                   Hall               McHugh               Schwartz (PA)      was agreed to.
                                                                                                       Schwarz (MI)
        The SPEAKER pro tempore. Without                       Harman             McIntyre
                                                                                                       Scott (GA)
                                                                                                                            The result of the vote was announced
                                                               Harris             McKeon                                  as above recorded.
      objection, the next votes will be 5-                     Hart               McKinney             Scott (VA)
      minute votes.                                            Hastings (FL)      McMorris             Sensenbrenner        A motion to reconsider was laid on
        There was no objection.                                Hastings (WA)      McNulty              Serrano            the table.
                                                               Hayes              Meehan               Sessions
                       f                                       Hayworth           Meek (FL)            Shadegg                              f
                                                               Hefley             Meeks (NY)           Shaw
                                                               Hensarling         Melancon             Sherman            EXPRESSING         SENSE      OF    THE
      SUPPORTING        THE     GOALS    AND
                                                               Herger             Menendez             Sherwood
        RULES OF NATIONAL LIFE IN-                                                                     Shimkus
                                                                                                                            HOUSE       THAT    THE     FEDERAL
                                                               Herseth            Mica
        SURANCE AWARENESS MONTH                                Higgins            Michaud              Shuster              TRADE COMMISSION SHOULD IN-
                                                               Hinchey            Millender-           Simmons              VESTIGATE THE PUBLICATION
        The SPEAKER pro tempore. The                           Hoekstra             McDonald           Simpson              OF THE VIDEO GAME ‘‘GRAND
      pending business is the question of sus-                 Holden             Miller (FL)          Skelton
                                                                                                                            THEFT AUTO: SAN ANDREAS’’
      pending the rules and agreeing to the                    Holt               Miller (NC)          Slaughter
      concurrent resolution, H. Con. Res. 181,                 Honda              Miller, Gary         Smith (NJ)           The SPEAKER pro tempore (Mr.
                                                               Hooley             Mollohan             Smith (TX)
      as amended.                                              Hoyer              Moore (KS)           Smith (WA)
                                                                                                                          DENT). The pending business is the
        The Clerk read the title of the con-                   Hunter             Moore (WI)           Snyder             question of suspending the rules and
      current resolution.                                      Hyde               Moran (KS)           Solis              agreeing to the resolution, H. Res. 376,
                                                               Inglis (SC)        Moran (VA)           Spratt             as amended.
        The SPEAKER pro tempore. The                           Inslee             Murphy               Stearns
      question is on the motion offered by                     Israel             Murtha               Stupak
                                                                                                                            The Clerk read the title of the resolu-
      the gentleman from California (Mr.                       Issa               Musgrave             Sullivan           tion.
      ISSA) that the House suspend the rules                   Jackson (IL)       Myrick               Tancredo             The SPEAKER pro tempore. The
                                                               Jackson-Lee        Nadler               Tanner
      and agree to the concurrent resolution,                    (TX)             Napolitano
                                                                                                                          question is on the motion offered by
                                                                                                       Tauscher
      H. Con. Res. 181, as amended, on which                   Jefferson          Neal (MA)            Taylor (MS)
                                                                                                                          the gentleman from Michigan (Mr.
      the yeas and nays are ordered.                           Jindal             Neugebauer
                                                                                                       Taylor (NC)        UPTON) that the House suspend the
                                                               Johnson (CT)       Ney                                     rules and agree to the resolution, H.
        This will be a 5-minute vote.                          Johnson (IL)       Northup
                                                                                                       Thomas
        The vote was taken by electronic de-                                                           Thompson (CA)      Res. 376, as amended, on which the yeas
                                                               Johnson, E. B.     Norwood
                                                                                                       Thompson (MS)
      vice, and there were—yeas 377, nays 4,                   Johnson, Sam       Nunes
                                                                                                       Thornberry
                                                                                                                          and nays are ordered.
      not voting 52, as follows:                               Jones (NC)         Oberstar                                  This will be a 5-minute vote.
                                                               Jones (OH)         Obey                 Tiahrt
                        [Roll No. 418]                         Kanjorski          Olver                Tierney              The vote was taken by electronic de-
                                                               Kaptur             Osborne              Towns              vice, and there were—yeas 355, nays 21,
                         YEAS—377                                                                      Turner
                                                               Keller             Otter
                                                                                                       Udall (CO)
                                                                                                                          answered ‘‘present’’ 1, not voting 56, as
      Abercrombie       Bradley (NH)        Davis (AL)         Kelly              Owens
      Ackerman          Brady (PA)          Davis (CA)                                                 Udall (NM)         follows:
                                                               Kennedy (MN)       Oxley
      Aderholt          Brady (TX)          Davis (IL)         Kennedy (RI)       Pallone              Upton                                [Roll No. 419]
      Akin              Brown (OH)          Davis (KY)         Kildee             Pascrell             Van Hollen
      Alexander         Brown (SC)          Davis (TN)                                                    ´
                                                                                                       Velazquez                             YEAS—355
                                                               Kind               Pastor
      Allen             Burgess             Davis, Jo Ann      King (IA)          Payne                Visclosky          Ackerman          Boyd              Crowley
      Andrews           Burton (IN)         Davis, Tom         Kingston           Pearce               Walden (OR)        Aderholt          Bradley (NH)      Cubin
      Baca              Butterfield         Deal (GA)          Kirk               Pence                Walsh              Akin              Brady (PA)        Cuellar
      Bachus            Calvert             DeFazio            Kline              Peterson (MN)        Wamp               Alexander         Brady (TX)        Culberson
      Baird             Camp                DeGette            Knollenberg        Peterson (PA)        Wasserman          Allen             Brown (OH)        Cummings
      Baker             Cantor              DeLauro            Kolbe              Petri                  Schultz          Andrews           Brown (SC)        Davis (AL)
      Baldwin           Capito              DeLay              Kucinich           Pickering            Waters             Baca              Burgess           Davis (CA)
      Barrett (SC)      Capps               Dent               Kuhl (NY)          Pitts                Watson             Baird             Burton (IN)       Davis (IL)
      Barrow            Capuano             Diaz-Balart, L.    LaHood             Platts               Watt               Baker             Butterfield       Davis (KY)
      Bartlett (MD)     Cardin              Dicks              Langevin           Poe                  Waxman             Baldwin           Calvert           Davis (TN)
      Barton (TX)       Cardoza             Dingell            Lantos             Pombo                Weiner             Barrett (SC)      Camp              Davis, Jo Ann
      Bass              Carnahan            Doggett            Larsen (WA)        Pomeroy              Weller             Barrow            Cantor            Davis, Tom
      Beauprez          Carson              Doyle              Larson (CT)        Porter               Westmoreland       Bartlett (MD)     Capito            Deal (GA)
      Berkley           Carter              Drake              Latham             Price (GA)           Wexler             Barton (TX)       Capps             DeFazio
      Berry             Case                Dreier             LaTourette         Price (NC)           Whitfield          Bass              Capuano           DeGette
      Biggert           Castle              Duncan             Leach              Putnam               Wicker             Beauprez          Cardin            DeLauro
      Bilirakis         Chabot              Edwards            Lee                Ramstad              Wilson (NM)        Berry             Cardoza           DeLay
      Bishop (GA)       Chandler            Ehlers             Levin              Rangel               Wilson (SC)        Biggert           Carnahan          Dent
      Bishop (NY)       Chocola             Emanuel            Lewis (CA)         Regula               Wolf               Bilirakis         Carson            Diaz-Balart, L.
      Blackburn         Cleaver             Emerson            Lewis (GA)         Rehberg              Woolsey            Bishop (GA)       Carter            Dicks
      Blumenauer        Clyburn             Engel              Lewis (KY)         Reichert             Wu                 Bishop (NY)       Case              Dingell
      Blunt             Coble               English (PA)       Lipinski           Renzi                Wynn               Blackburn         Castle            Doggett
      Boehlert          Conaway             Eshoo              LoBiondo           Reynolds             Young (AK)         Blunt             Chabot            Doyle
      Boehner           Conyers             Etheridge                                                                     Boehlert          Chandler          Drake
      Bonilla           Costa               Evans                                    NAYS—4                               Boehner           Chocola           Dreier
      Bonner            Costello            Everett                                                                       Bonilla           Cleaver           Duncan
      Bono              Cox                 Farr               Flake              Paul                                    Bonner            Clyburn           Edwards
      Boozman           Crenshaw            Ferguson           Miller, George     Stark                                   Bono              Coble             Ehlers
      Boren             Crowley             Filner                                                                        Boozman           Conaway           Emanuel
      Boswell           Cubin               Fitzpatrick (PA)
                                                                                NOT VOTING—52                             Boren             Cooper            Emerson
      Boucher           Cuellar             Foley              Bean               Bishop (UT)          Brown-Waite,       Boswell           Costa             Engel
      Boustany          Culberson           Forbes             Becerra            Brown, Corrine         Ginny            Boucher           Cox               English (PA)
      Boyd              Cummings            Ford               Berman                                  Buyer              Boustany          Crenshaw          Eshoo




VerDate Aug 04 2004   02:45 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00024    Fmt 7634   Sfmt 0634    E:\CR\FM\K25JY7.053   H25JYPT1
      July 25, 2005                                         CONGRESSIONAL RECORD — HOUSE                                                                         H6407
      Etheridge            Levin               Rehberg                              NOT VOTING—56                                                           ´
                                                                                                                               On rollcall No. 415, the Velazquez amend-
      Evans                Lewis (CA)          Reichert
      Everett              Lewis (KY)          Renzi
                                                                  Bachus              Fattah               Obey             ment to H.R. 3070, I would have voted ‘‘aye.’’
                                                                  Bean                Feeney               Ortiz               On rollcall No. 416, passage of H.R. 3070,
      Farr                 Lipinski            Reynolds
                                                                  Becerra             Fossella             Pelosi
      Ferguson             LoBiondo            Rogers (AL)
                                                                  Berman              Gallegly             Pryce (OH)
                                                                                                                            I would have voted ‘‘aye.’’
      Filner               Lofgren, Zoe        Rogers (KY)                                                                     On rollcall No. 417, passage of H.J. Res.
                                                                  Bishop (UT)         Gibbons              Radanovich
      Fitzpatrick (PA)     Lowey               Rogers (MI)
      Foley                Lucas               Rohrabacher
                                                                  Brown, Corrine      Gutierrez            Rahall           59, I would have voted ‘‘yea.’’
                                                                  Brown-Waite,        Hinojosa             Reyes               On rollcall No. 418, passage of H. Con.
      Forbes               Lungren, Daniel     Ros-Lehtinen
                                                                    Ginny             Hobson               Rothman
      Ford                   E.                Ross                                                                         Res. 181, I would have voted ‘‘yea.’’
                                                                  Buyer               Hostettler           Rush
      Fortenberry          Lynch               Roybal-Allard
                                                                  Cannon              Hulshof              Shays                             f
      Foxx                 Mack                Royce
                                                                  Clay                Istook               Sodrel
      Franks (AZ)          Maloney             Ruppersberger
                                                                  Cole (OK)           Jefferson            Souder                  PERSONAL EXPLANATION
      Frelinghuysen        Manzullo            Ryan (OH)
                                                                  Costello            Jenkins              Strickland
      Garrett (NJ)         Marchant            Ryan (WI)
      Gerlach              Markey              Ryun (KS)
                                                                  Cramer              Kilpatrick (MI)      Sweeney            Mr. HINOJOSA. Mr. Speaker, I regret that I
                                                                  Cunningham          King (NY)            Terry            was unavoidably detained. Had I been
      Gilchrest            Marshall            Sabo
                                                                  Davis (FL)          Linder               Tiberi
      Gillmor              Matheson            Salazar                                                                      present, I would have voted ‘‘yea’’ on rollcall
                                                ´                 Delahunt            Miller (MI)          Weldon (FL)
      Gingrey              Matsui              Sanchez, Linda
      Gohmert              McCarthy              T.
                                                                  Diaz-Balart, M.     Murtha               Weldon (PA)      No. 417, ‘‘yea’’ on rollcall No. 418, and ‘‘yea’’
                                                                  Doolittle           Nussle               Young (FL)       on rollcall No. 419.
      Gonzalez             McCaul (TX)         Sanchez, Loretta
      Goode                McCollum (MN)       Sanders
      Goodlatte            McCotter            Saxton
                                                                                   b 1923                                                    f
      Gordon               McCrery             Schakowsky           So (two-thirds having voted in favor
      Granger              McGovern            Schiff
                                                                                                                             ILLEGAL IMMIGRATION AND THE
      Graves               McHenry             Schwartz (PA)
                                                                  thereof) the rules were suspended and                                  REAL ID ACT
      Green (WI)           McHugh              Schwarz (MI)       the resolution, as amended, was agreed
                                                                                                                              (Mrs. BLACKBURN asked and was
      Green, Al            McIntyre            Scott (GA)         to.
      Green, Gene          McKeon              Scott (VA)                                                                   given permission to address the House
                                                                    The result of the vote was announced
      Gutknecht            McKinney            Sensenbrenner                                                                for 1 minute and to revise and extend
      Hall                 McMorris            Sessions           as above recorded.
                                                                                                                            her remarks.)
      Harman               McNulty             Shadegg              The title of the resolution was
      Harris               Meehan              Shaw                                                                           Mrs. BLACKBURN. Mr. Speaker, on
                                                                  amended so as to read: ‘‘Expressing the
      Hart                 Meek (FL)           Sherman                                                                      Sunday the Chattanooga Times Free
                                                                  sense of the House of Representatives
      Hastings (WA)        Meeks (NY)          Sherwood                                                                     Press ran an op-ed that I wrote about
      Hayes                Melancon            Shimkus            that the Federal Trade Commission
                                                                                                                            the READ ID Act. They also ran an op-
      Hayworth             Menendez            Shuster            should investigate the publication of
      Hefley               Mica                Simmons                                                                      ed by a college professor who disagrees
                                                                  the video game ‘Grand Theft Auto: San
      Hensarling           Michaud             Simpson                                                                      with the READ ID Act.
      Herger               Millender-          Skelton            Andreas’ to determine if the publisher
                                                                                                                              I want to thank the editors of that
      Herseth                McDonald          Slaughter          deceived the Entertainment Software
      Higgins              Miller (FL)         Smith (NJ)                                                                   paper for being sure that both sides
                                                                  Ratings Board to avoid an ‘Adults-
      Hinchey              Miller (NC)         Smith (TX)                                                                   were represented on this issue. That is
                                                                  Only’ rating.’’.
      Hoekstra             Miller, Gary        Smith (WA)                                                                   what every newspaper should strive
      Holden               Miller, George      Snyder               A motion to reconsider was laid on
                                                                                                                            for: equal time and let the readers de-
      Holt                 Mollohan            Solis              the table.
      Honda                Moore (KS)          Spratt                                                                       cide.
      Hooley               Moore (WI)          Stearns                                f                                       As I pointed out in my op-ed, illegal
      Hoyer                Moran (KS)          Stupak                                                                       immigration is clearly a matter of na-
      Hunter               Moran (VA)          Sullivan                   PERSONAL EXPLANATION
      Hyde                 Murphy              Tancredo                                                                     tional security, and for too long States
      Inglis (SC)          Musgrave            Tanner
                                                                     Mr. GUTIERREZ. Mr. Speaker, I was un-                  like Tennessee have known and done
      Inslee               Myrick              Tauscher           avoidably absent from this Chamber today. I               nothing about the ease with which ille-
      Israel               Nadler              Taylor (MS)        would like to the RECORD to show that, had I              gal aliens are obtaining valid govern-
      Issa                 Napolitano          Taylor (NC)        been present, I would have voted ‘‘yea’’ on
      Jackson (IL)         Neal (MA)           Thomas                                                                       ment IDs. I believe it is unacceptable.
      Jackson-Lee          Neugebauer          Thompson (CA)      rollcall votes 417, 418 and 419.                          I think most Tennesseeans agree with
        (TX)               Ney                 Thompson (MS)                          f                                     me.
      Jindal               Northup             Thornberry
      Johnson (CT)         Norwood             Tiahrt                                                                         When I was in the State Senate in
                                                                          PERSONAL EXPLANATION                              Tennessee, I fought to fix the problem,
      Johnson (IL)         Nunes               Tierney
      Johnson, Sam         Oberstar            Turner                Ms. KILPATRICK of Michigan. Mr. Speaker,               and now I am pleased that Congress
      Jones (NC)           Olver               Udall (CO)         personal business prevents me from being
      Kanjorski            Osborne             Udall (NM)
                                                                                                                            and this Republican leadership have
      Kaptur               Otter               Upton              present for legislative business scheduled for            supported the READ ID Act. We are
      Keller               Oxley               Van Hollen         today, Monday, July 25, 2005. Had I been                  taking critically important steps to-
      Kelly                Pallone             Visclosky          present, I would have voted ‘‘yea’’ on H.J.               ward tightening our licensing and iden-
      Kennedy (MN)         Pascrell            Walden (OR)
      Kennedy (RI)         Pastor              Walsh
                                                                  Res. 59, expressing the sense of Congress                 tification policies to fight illegal im-
      Kildee               Pearce              Wamp               concerning the establishment of an appro-                 migration and terrorism.
      Kind                 Pence               Wasserman          priate day for the commemoration of the                                    f
      King (IA)            Peterson (MN)         Schultz          women suffragists who fought for and won the
      Kingston             Peterson (PA)       Waters
      Kirk                 Petri               Watson             right of women to vote in the United States                     UNDOCUMENTED WORKERS
      Kline                Pickering           Waxman             (rollcall No. 417); ‘‘yea’’ on H. Con. Res. 181,             (Mr. KENNEDY of Rhode Island
      Knollenberg          Pitts               Weiner             supporting the goals and ideals of National
      Kolbe                Platts              Weller
                                                                                                                            asked and was given permission to ad-
      Kucinich             Poe                 Westmoreland
                                                                  Life Insurance Awareness Month (rollcall No.              dress the House for 1 minute and to re-
      Kuhl (NY)            Pombo               Wexler             418); and ‘‘yea’’ on H.R. 2977, designating the           vise and extend his remarks.)
      LaHood               Pomeroy             Whitfield          ‘‘Abraham Lincoln Birthplace Post Office Build-              Mr. KENNEDY of Rhode Island. Mr.
      Langevin             Porter              Wicker             ing’’ (rollcall No. 419).
      Lantos               Price (GA)          Wilson (NM)                                                                  Speaker, I just want to respond to the
      Larsen (WA)          Price (NC)          Wilson (SC)                            f                                     previous speech, and that is to say I
      Larson (CT)          Putnam              Wolf                                                                         wish that we would call people ‘‘un-
      Latham               Ramstad             Wu                        PERSONAL EXPLANATION                               documented workers.’’ I do not think it
      LaTourette           Rangel              Wynn
      Leach                Regula              Young (AK)            Mr. COOPER. Mr. Speaker, I was unable to               is too much to call people ‘‘undocu-
                                                                  be present for a series of rollcall votes occur-          mented workers’’ because that is who
                             NAYS—21
                                                                  ring the morning of July 22, 2005. During that            they are. Many times people are work-
      Abercrombie          Hastings (FL)       Paul               time I was attending a memorial service for               ing hard in our communities, with fam-
      Berkley              Johnson, E. B.      Payne
      Blumenauer           Jones (OH)          Serrano            my friend, Avon Williams III, held at the Pen-            ilies, who are trying to get their fami-
      Conyers              Lee                 Stark              tagon. I was also unable to be present for a              lies food at night, a place for them to
      Flake                Lewis (GA)          Towns              series of rollcall votes held on the evening of           sleep.
      Frank (MA)           McDermott              ´
                                               Velazquez
      Grijalva             Owens               Woolsey
                                                                  July 25, 2005. During that time I incurred an                To call them aliens, I think, is de-
                                                                  unavoidable transportation delay.                         meaning to them, and I think it is de-
               ANSWERED ‘‘PRESENT’’—1                                Had I been present, I would have voted as              rogatory, and I think it is unfitting for
                           Watt                                   follows:                                                  this country to refer to people in that



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      H6408                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      manner. And I would hope that, in the                      My sympathies to President Muba-                       The fact is that drug companies have
      rest of the debate, instead of calling                   rak, who stood fast and said that, as                  made a smart investment. There is no
      them ‘‘illegal aliens,’’ Members would                   the terrorists acted in Egypt, they                    other place in the world that would
      call them what they are, and that is                     were going to find them and bring                      give them this type of return on their
      ‘‘undocumented workers.’’                                them to justice.                                       investment but this Congress.
                       f                                         This is the kind of war on terror that                 On one side of the screen, Americans
                                                               we need to join hands with people from                 are fighting for fairness in the court.
        FIGHTING CHILDHOOD OBESITY                                                                                    On the other side of the screen, Con-
                                                               around the world. We are not losing the
        (Ms. FOXX asked and was given per-                     battle, but we need all of the help that               gress is mounting a rear-guard action
      mission to address the House for 1                       we possibly can get; and our focus                     to protect the pharmaceutical compa-
      minute.)                                                 should be united around those terror-                  nies.
        Ms. FOXX. Mr. Speaker, I rise today                    ists who do not have country, do not                     Mr. Speaker, when Congress takes up
      to recognize a young lady from my dis-                   have mind, do not have care, and are                   this medical malpractice legislation, I
      trict who is inspiring her peers to live                 attacking people from everywhere all                   will introduce the Vioxx amendment to
      a healthy lifestyle.                                     over the world.                                        strike this blatantly beneficial provi-
        Eleven-year-old Madison Newberry of                      We need to stand united against the                  sion just for the drug companies. When
      Lewisville, North Carolina was just                      war on terror.                                         the Speaker’s gavel comes down, it is
      like any other kid at Lewisville Ele-                                                                           intended to open the people’s House,
                                                                                 f
      mentary School, except that she was                                                                             not the auction house.
      never able to fit into a pair of jeans.                                        b 1930                                            f
      Madison is one of approximately 15 per-                    SUPPORT ASSOCIATION HEALTH                           COMMENDING FELLOW CONGRESS-
      cent of American children who are                                          PLANS                                  MAN CHRIS COX OF CALIFORNIA
      overweight.
        Yet Madison grew tired of wearing                        (Mr. KELLER asked and was given                        (Ms. ROS-LEHTINEN asked and was
      stretch pants. And when her doctor                       permission to address the House for 1                  given permission to address the House
      told her she had high cholesterol, she                   minute.)                                               for 1 minute and to revise and extend
      knew it was time to make a lifestyle                       Mr. KELLER. Mr. Speaker, the num-                    her remarks.)
                                                               ber one problem facing small busi-                       Ms. ROS-LEHTINEN. Mr. Speaker, I
      change.
                                                               nesses today is the skyrocketing cost                  rise today to commend one of our col-
        Madison lost 15 pounds by switching
                                                               of health insurance. Association health                leagues, the gentleman from California
      to a healthy diet and exercising. In
                                                               plans are a big part of the solution.                  (Mr. COX). Tomorrow he will go before
      April of 2004, Subway chose Madison to
                                                                 I met with many small-business peo-                  the Senate Committee on Financial
      appear in two nationally televised
                                                               ple from my hometown of Orlando,                       Services, Housing, and Urban Affairs to
      commercials as part of its childhood
                                                               Florida, and they told me that they                    have his nomination considered for the
      obesity prevention campaign. Then in
                                                               need association health plans. I believe               Securities and Exchange Commission,
      July, 2004, she marched in Washington
                                                               them, and I will tell you why.                         and I would like to extend congratula-
      with Subway spokesperson Jared Fogle
                                                                 Of the 45 million Americans now                      tions to him and his family. I have
      to help kick off the restaurant’s na-
                                                               without health insurance, 60 percent                   every confidence that in his new capac-
      tional childhood obesity program.
        Obesity among young Americans is a                     are small-business employees and their                 ity, CHRIS will do an excellent job.
                                                               families. They do not have health in-                    CHRIS has made such a positive and
      serious problem that can have serious
                                                               surance because their employers can-                   lasting impression during his tenure
      ramifications in the long run. The
                                                               not afford it. If we allowed these small               here in the House, and he will be sorely
      number of kids affected by obesity has
                                                               businesses to join together, they could                missed.
      tripled since 1980, and this can be                                                                               Since 1988, CHRIS has made countless
      traced in large part to lack of exercise                 have the same bargaining power as a
                                                               large corporation, which could lower                   contributions, especially as the first
      and a healthy diet. I am proud of Madi-                                                                         chairman of the Committee on Home-
      son Newberry for serving as a positive                   their health insurance premiums by up
                                                               to 30 percent.                                         land Security. In this capacity, he
      role model to other kids and look for-                                                                          oversaw a momentous and much-need-
      ward to seeing more of her peers follow                    Mr. Speaker, association health plans
                                                               will increase access to health care for                ed reorganization of the Nation’s secu-
      in her footsteps.                                                                                               rity authority.
                       f                                       millions of Americans now without
                                                                                                                        I feel privileged to have worked with
                                                               health insurance.
      THE WAR ON TERROR AND OFFER-                                                                                    such a distinguished Member of Con-
                                                                 I urge my colleagues to vote yes on
        ING SYMPATHY TO THE PEOPLE                                                                                    gress, and I wish him continued success
                                                               association health plans.
        OF EGYPT                                                                                                      in all of his future endeavors.
                                                                                 f
        (Ms. JACKSON-LEE of Texas asked                                                                                                f
      and was given permission to address                      CRITICIZING DRUG LIABILITY PRO-                          THE TIME IS NOW FOR PENSION
      the House for 1 minute and to revise                       VISION      IN    MEDICAL        MAL-                               REFORM
      and extend her remarks.)                                   PRACTICE LEGISLATION
                                                                                                                        (Mr. PRICE of Georgia asked and was
        Ms. JACKSON-LEE of Texas. Mr.                            (Mr. EMANUEL asked and was given                     given permission to address the House
      Speaker, as we did just 2 weeks ago and                  permission to address the House for 1                  for 1 minute.)
      then just 4 days ago on behalf of the                    minute.)                                                 Mr. PRICE of Georgia. Mr. Speaker,
      people of London to offer them our                         Mr. EMANUEL. Mr. Speaker, this                       the time to pass pension reform is now.
      sympathy for the tragedy of another                      body is scheduled to vote on medical                     Today, with Senator JOHNNY ISAKSON
      terrorist attack, I rise today to offer                  malpractice legislation. This bill con-                and the gentleman from Georgia (Mr.
      my sympathy to the people of Egypt,                      tains an egregious provision to protect                WESTMORELAND), I spoke with Delta
      who have experienced an enormous                         drug companies from any form of li-                    employees and retirees at the Delta
      tragedy over the last couple of days.                    ability.                                               Pension Reform Support Day in At-
        Militant terrorists have terrorized a                    Why would this Congress protect                      lanta. The sense of urgency for a solu-
      tourist area where Americans and                         companies like Merck, who deceived                     tion to our Nation’s pension crisis
      many others from around the world                        the American public by hiding the side                 could not have been more evident.
      come in harmony to enjoy summer va-                      effects of Vioxx? An estimated 139,000                   In the face of high fuel costs and a
      cation. This should tell us that we are                  people have had heart attacks as a re-                 post-9/11 world, financial losses con-
      united and should be united in the war                   sult of taking Vioxx, and, according to                tinue to hinder legacy airline carriers’
      on terror. The war on terror does not                    the FDA, 55,000 people have died. I am                 ability to fully fund their pension
      have a face, and it does not discrimi-                   not aware of any other industry that                   plans. Having airlines keep their com-
      nate. It does not distinguish. It is at-                 would receive this type of liability pro-              mitments to their employees and not
      tacking people of goodwill around the                    tection just for going through the gov-                burden taxpayers is what this is all
      world.                                                   ernment approval process.                              about.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6409
        Pension reform is financial security                   cently, Ina was the national president                 The world is a better place because of
      for thousands of airline employees. Re-                  of WIFE and has served in this position                her, and she will be greatly missed.
      tiring with a pension of only a fraction                 for the past 2 years. Ina was also the                                  f
      of what you expected is not truly a re-                  State president and member of the
                                                                                                                          GUN LIABILITY LEGISLATION
      tirement. A lifetime of work should not                  Gold Waves Chapter 76 of WIFE located
      be rewarded with wondering how you                       in central and southwest Kansas.                          The SPEAKER pro tempore. Under a
      will make ends meet.                                       It would not be fitting to talk about                previous order of the House, the gentle-
        Mr. Speaker, the case has been made.                   Ina and not bring up the ideals and ac-                woman from New York (Mrs. MCCAR-
      Pension reform is needed now. The em-                    complishments of WIFE. Ina truly                       THY) is recognized for 5 minutes.
      ployees with whom I spoke today have                     cared about agriculture and about                         Mrs. MCCARTHY. Mr. Speaker, first I
      put forth much effort to make a dif-                     rural communities. On her many visits                  would like to congratulate a colleague
      ference. They realize the crisis their                   to Washington over the years, Ina                      of ours, the gentlewoman from Cali-
      pension plans are in, the American                       joined other WIFE leaders to advocate                  fornia (Ms. WOOLSEY), who is actually
      public realizes the crisis that pension                  on behalf of the family farm. From                     having her 100th 5-minute Special
      plans are in, and it is time we fixed the                health care to energy policy to emer-                  Order, and we are very proud of her,
      problem before it is too late and before                 gency drought assistance, Ina knew                     the country is very proud of her, on
      the burden is put on the backs of the                    what was going on in farm country be-                  bringing issues that certainly affect
      American taxpayers. Without objec-                       cause she lived it each and every day.                 her constituency and all of ours. So I
      tion.                                                      In fact, Ina’s trips to D.C. were usu-               congratulate her.
                                                               ally scheduled so they would not inter-                   The leadership of Congress is con-
                       f
                                                               fere with harvest. In written testimony                stantly preaching about responsibility.
                SPECIAL ORDERS                                 she gave in 2003 on credit availability                Individuals should accept the con-
        The SPEAKER pro tempore (Mr.                           in rural areas, she wrote that she                     sequences of their actions. Unfortu-
      DENT). Under the Speaker’s announced                     would have preferred to be here in per-                nately, this culture of responsibility
      policy of January 4, 2005, and under a                   son, but it was wheat harvest and ‘‘all                does not extend to the gun industry
      previous order of the House, the fol-                    hands are on deck for the entire fam-                  and negligent gun sellers.
      lowing Members will be recognized for                    ily.’’ Indeed, Ina was an integral part                   The other body is planning on taking
      5 minutes each.                                          of her family farm, even at age 76.                    on legislation to grant the gun indus-
                                                                 Ina farmed in true partnership with                  try unprecedented immunity from liti-
                       f                                                                                              gation and other legal action. Under
                                                               her husband Elmer Selfridge and sev-
        The SPEAKER pro tempore. Under a                       eral of her sons. Their farm in eastern                this legislation, dealers and manufac-
      previous order of the House, the gen-                    Hodgeman County included wheat, for-                   turers of guns would receive immunity
      tleman from Virginia (Mr. WOLF) is                       ages and grains for their 1,000-head                   from any legal action. The gun indus-
      recognized for 5 minutes.                                feedlot. She is survived by her husband;               try would be unlike the sellers and
        (Mr. WOLF addressed the House. His                     her four sons, Randy, Tyler, Brad, and                 makers of nearly every other consumer
      remarks will appear hereafter in the                     Wade; and nine grandchildren.                          product. These industries must face the
      Extensions of Remarks.)                                    Ina would want me to use part of this                consequences of their negligence and
                       f                                       time to talk about agriculture. Today I                misjudgment. In fact, manufacturers
                                                               wear a domino on my lapel that she                     and sellers of toy guns are more liable
              ORDER OF BUSINESS
                                                               gave to me. It represents WIFE’s theme                 for their products than the makers and
        Mr. MORAN of Kansas. Mr. Speaker,                      that agriculture has a domino effect on                sellers of assault weapons and hand-
      I ask unanimous consent to take my                       America. Like dominos standing next                    guns.
      Special Order at this time.                              to each other, when the farmer suffers                    The NRA has named this issue as
        The SPEAKER pro tempore. Is there                      economic loss, so do local businesses,                 their number one legislative priority
      objection to the request of the gen-                     schools, communities, churches, and                    this year. They say this bill will end
      tleman from Kansas?                                      local government. Today, however, I                    frivolous lawsuits, but not a single, not
        There was no objection.                                wear the domino to show how Ina’s life                 a single suit against the gun industry
                       f                                       had a positive domino effect on the                    has ever been deemed frivolous by a
                                                               many lives of everyone who came in                     court of law.
          A CELEBRATION OF INA MAE                                                                                       This legislation is not about pro-
                                                               contact with her.
                SELFRIDGE’S LIFE                                                                                      tecting an honest gun dealer who le-
                                                                 Ina had an enthusiasm that few pos-
        The SPEAKER pro tempore. Under a                       sess. You could not be around Ina and                  gally sells a gun to someone who later
      previous order of the House, the gen-                    not feel a sense of excitement about                   commits a crime. This legislation pro-
      tleman from Kansas (Mr. MORAN) is                        what the future might hold. The pio-                   tects cases of gross negligence which
      recognized for 5 minutes.                                neer spirit of optimism and hard work                  has led to the deaths of unsuspecting
        Mr. MORAN of Kansas. Mr. Speaker,                      that established farms across Kansas                   victims.
      this evening I rise to recognize and cel-                was alive and strong in Ina. Insights                     For example, the owner of the Bull’s
      ebrate the life of a constituent and                     into the life she lived can be derived                 Eye Shooter Supply Store in Wash-
      friend, Ina Mae Selfridge. Ina passed                    from her e-mail address, which is sim-                 ington State was sued because he could
      away suddenly on Sunday, July 17, at                     ply ‘‘happy.’’ This is not to say there                not account for 239 guns in his inven-
      the age of 76. Her death is a tremen-                    were not hardships on the farm. Many                   tory. One of those guns was the Bush-
      dous loss to her family, her commu-                      parts of Kansas are just now recovering                master used in the D.C. sniper killings.
      nity, and the many individuals who                       from 5 years of drought, but Ina’s can-                The D.C. sniper killers were allowed to
      were fortunate enough to call her a                      do personality is an inspiration to us                 get their hands on a gun because of a
      friend.                                                  all.                                                   gun seller’s negligence. But this legis-
        Probably the greatest compliment I                       The last time she was in my office                   lation would get the Bull’s Eye Shooter
      could give Ina is that she was a great                   she said, ‘‘I may not be the WIFE presi-               Supply Store off the hook from any
      farm girl. In truth, she embodied much                   dent next year, but I will be back again               legal action.
      of what is good and decent about the                     to remind you about the importance of                     Fortunately, a lawsuit was already
      family farm and the way of life we                       agriculture.’’ Today I bet she would                   filed against Bull’s Eye and Bush-
      enjoy in Kansas. Ina is one of those                     say, ‘‘Time to get back to work. The                   master. Part of the settlement was
      people you meet and you think to                         wheat harvest is in, but we must get                   Bushmaster agreeing to work with its
      yourself, I am in the presence of an ex-                 ready for the fall crops.’’                            dealer to promote safe sales practices
      traordinary human being.                                   Our thoughts and prayers go out to                   to prevent continued instances of neg-
        I have known Ina through her many                      Ina’s family in this time of difficulty                ligence. But the bill being taken up by
      years of service to the organization                     with the knowledge that their loss on                  the other body would have forced the
      Women Involved in Farm Economics,                        Earth is God’s gain in heaven. It is my                immediate dismissal of the lawsuit
      otherwise known as WIFE. Most re-                        absolute privilege to have known Ina.                  against Bull’s Eye.



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      H6410                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
        The gun industry must be subjected                     when gun violence hits home, it is a                   approved, the social instability that
      to the same laws that govern every                       whole disaster to the family and to the                CAFTA supporters like to use as a rea-
      other American business, and court-                      community. We can do a better job. We                  son for approving the agreement will
      house doors must remain open to those                    should be doing a better job.                          come not from outside forces, but from
      injured or who have lost loved ones be-                    But protecting the gun industry, or                  the pressures created by the millions of
      cause of the gun industry’s negligence.                  certainly the gun dealers from not                     displaced workers who will fall further
      This bill would allow gun dealers to                     being able to be sued, is wrong. We                    into poverty.’’
      knowingly sell large quantities of guns                  should not be closing the courts for                     It is time to say ‘‘no’’ to CAFTA and
      to a single customer intending to traf-                  anyone.                                                begin negotiating a new trade agree-
      fic the guns to criminals without any                                                                           ment that takes into account the re-
                                                                                 f
      legal repercussions.                                                                                            gion’s need for development and real
                                                                 The SPEAKER pro tempore (Mr.                         opportunity for its citizens. We re-
        Stripping away the threat of legal ac-                 DENT). Under a previous order of the
      tion would seriously jeopardize any op-                                                                         spectfully ask you for your support of
                                                               House, the gentlewoman from North                      our people and vote ‘‘no’’ on CAFTA.
      portunity to make guns safer. Without                    Carolina (Ms. FOXX) is recognized for 5
      the threat of lawsuits, the gun industry                                                                          Mr. Speaker, again this is from seven
                                                               minutes.                                               people from different countries who
      would have no incentive to incorporate                     (Ms. FOXX addressed the House. Her
      gun locks, safety triggers, and smart                                                                           represent their people in Central Amer-
                                                               remarks will appear hereafter in the                   ica who are opposed to this agreement.
      gun technology into their products.                      Extensions of Remarks.)
      Imagine if this bill had been passed 40                                                                           Let me now go, in the few minutes I
      years ago to cover the auto industry.                                      f                                    have left, to a joint statement con-
      Today cars would not have seatbelts,                                                                            cerning the United States Central
                                                                       ORDER OF BUSINESS                              American Free Trade Agreement by
      airbags, or antilock brakes.
                                                                 Mr. JONES of North Carolina. Mr.                     the Bishops’ Secretariat of Central
        Instead of giving the gun industry
                                                               Speaker, I ask unanimous consent to                    America and the chairman of the Do-
      never-before-seen levels of protection, I
                                                               speak out of order for 5 minutes.                      mestic and International Policy Com-
      support giving the industry Federal re-
                                                                 The SPEAKER pro tempore. Is there                    mittees of the United States Con-
      search and development money. This
                                                               objection to the request of the gen-                   ference of Catholic Bishops.
      money will be used to develop reason-                                                                             And let me just make a few points
                                                               tleman from North Carolina?
      able safety measures for their prod-                                                                            that they make in their long letter of
                                                                 There was no objection.
      ucts.                                                                                                           opposition. First it says: ‘‘In light of
        Congress has not been responding to                                      f
                                                                                                                      the values and principles that we have
      the threat that gun violence poses on                       LACK OF SUPPORT FOR CAFTA                           outlined as well as the situation of the
      our safety and homeland security. So I                                                                          people, we express some of our specific
      will speak in a language the congres-                      The SPEAKER pro tempore. Under a
                                                               previous order of the House, the gen-                  concerns about the potential impact of
      sional leadership understands: dollars                                                                          CAFTA on our countries, especially in
      and cents.                                               tleman from North Carolina (Mr.
                                                               JONES) is recognized for 5 minutes.                    Central America.’’
        It is unfortunate Congress will not                                                                             I am going to just read a few points:
      allow the Centers for Disease Control                      Mr. JONES of North Carolina. Mr.
                                                               Speaker, I am on the floor again to-                   ‘‘There has not been sufficient informa-
      to study the economic impact of gun                                                                             tion and debate in our countries about
      violence, so we have to use data from                    night. I have been speaking against
                                                               CAFTA. I have joined my friends on                     the various aspects of CAFTA and its
      independent sources.                                                                                            impact on our societies.’’ Another
                                                               both the Republican side and the
                         b 1945                                Democratic side who feel that CAFTA                    point: in the area of agriculture, there
                                                               is not good for the American workers                   is insufficient attention given to such
        Independent studies have shown gun
                                                               and not good for the American people                   sensitive issues as the potential impact
      violence costs our health care system
                                                               and certainly does not help those in                   that U.S. farm supports on Central
      over $100 billion a year, $100 billion a
                                                                                                                      America farm products. It seems like
      year. The $100 billion-a-year cost in-                   Central America.
                                                                                                                      that poor farming communities in Cen-
      cludes premiums paid for private                           And tonight I want to take just a few
                                                                                                                      tral America will suffer greatly when
      health insurance and tax dollars used                    minutes and insert for the RECORD the
                                                                                                                      subsidized agricultural products from
      to pay for Medicaid.                                     entirety of a letter from seven mem-
                                                                                                                      United States expand their reach into
        These costs often are not reimbursed                   bers of the general assemblies down in
                                                                                                                      these markets.
      and cost the States vital health care                    five of the countries that are opposed                   Another point made by the bishops:
      money. Victims who survive and suffer                    to CAFTA.                                              while certain labor and environmental
      years of rehabilitation costs run into                     Mr. Speaker, the gentleman that I                    provisions are included in the agree-
      the hundreds of thousands of dollars.                    met recently is from El Salvador, and                  ment, it is not clear that the enforce-
      The average cost of each firearm fatal-                  this was at a conference last week that                ment mechanisms within CAFTA will
      ity, including medical care, police serv-                the gentleman from Ohio (Mr. BROWN)                    lead to stronger protections of funda-
      ices, and lost productivity is almost $1                 and I attended, Interfaith Council of                  mental worker rights and the environ-
      million per person.                                      Protestants, Catholics, and also one                   ment.
        Researchers found taxpayers finance                    rabbi to speak in opposition to CAFTA.                   Then there is one other point that I
      48 percent of health care costs result-                    Let me just give the first introduc-                 want to read, Mr. Speaker. This, again,
      ing from gun violence through Med-                       tory statement. It says: ‘‘Dear Mem-                   was from the Catholic Bishops of Cen-
      icaid and other government programs,                     bers of the United States Congress, the                tral America and the Catholic Bishops
      which means the American taxpayers                       CAFTA market has fewer than 9.2 mil-                   of America: the treaty will have effects
      are footing the bill for the destruction                 lion people who can buy U.S. goods.’’                  on intellectual property rights. The
      gun violence causes.                                       Now, this is a long letter. It is signed             proposed legal framework could jeop-
        Mr. Speaker, why are we spending                       by seven members of the Central Amer-                  ardize a right of Central American
      time helping the gun dealers and man-                    ican assemblies, El Salvador, Nica-                    countries to exercise proper steward-
      ufacturers? We should be investigating                   ragua, Guatemala and Honduras.                         ship of their natural resources.
      technology that will make guns safer.                      Mr. Speaker, I want to go to the last                  Mr. Speaker, I am here tonight be-
      Safer, smarter guns prevent lawsuits                     paragraph of the letter from those                     cause in my State of North Carolina, I
      against the gun industry, but more im-                   members of the elected bodies of those                 was not here when NAFTA passed back
      portantly prevent the tragic, unneces-                   countries. And this is what it says in                 in 1992, enacted in 1993, but we have
      sary loss of life that the gun industry’s                the close of their letter, not mine, but               lost over 200,000 jobs in North Carolina.
      negligence provokes.                                     their letter: ‘‘CAFTA is a bad trade                   In the country of America, we have
        We should be giving them research                      deal because it puts the interests of                  lost better than 2.5 million jobs since
      and development money. We should be                      international corporations ahead of the                NAFTA was enacted in 1993.
      doing everything we can to prevent the                   welfare of the working poor and the                      I did not vote for Trade Promotion
      injuries. People do not understand                       poor in Central America. If CAFTA is                   Authority. I did not think President



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                   H6411
      Bush should have it, nor Clinton. I am                   to the U.S. companies, will mean that the                                 National    Legislative
      not for trying to enable the Chinese to                  majority of small and large domestic firms                                  Assembly, El Sal-
      have all of the manufacturing, all of                    will be devastated, subsequently generating                                 vador.
                                                               more unemployment and less purchasing ca-                               REP. HUGO MARTINEZ,
      the moneys, and to build their military                  pacity for the rest of the population.                                    National    Legislative
      like they are doing. That is of great                       As in the case of the agro-business prod-                                Assembly, El Sal-
      concern to many Americans in this                        ucts, the level of asymmetry between the                                    vador.
      country.                                                 subsidized U.S. agro-products, and the non-                             REP. FERNANDO GONZALEZ,
        Mr. Speaker, to my left there is an                    subsidized Central American products, the                                 National    Legislative
      article that was in a paper in one of my                 situation of displacement is even worse. On                                 Assembly, El Sal-
                                                               its own account, the U.S. Department of                                     vador.
      counties in eastern North Carolina                       Commerce forecast that the present levels of
      about 4 months ago. And it says: VF                                                                                              REP. ALBA PALACIOS,
                                                               U.S. production will increase by more than                                National    Legislative
      Jeanswear closes plant. Operations per-                  20 billions dollars in the first nine years of                              Assembly,      Nica-
      formed in Wilson, North Carolina,                        the implementation of CAFTA. More exports                                   ragua.
      which included fabric cutting and fin-                   of U.S. goods to the region, while it is seen                           R EP. ORLANDO
      ishing garments will be moved to Cen-                    as a benefit for U.S. farmers, only means                                 TARDENCILLA,
      tral America. Quite frankly, it is going                 more displacement of the Central American
                                                                                                                                         National    Legislative
                                                               agricultural production, the destruction of
      to Honduras.                                             the already vulnerable food industry capac-
                                                                                                                                           Assembly,      Nica-
        Four hundred forty-five American                                                                                                   ragua.
                                                               ity of the region. This further aggravates the
      citizens lost their jobs. They are going                                                                                         REP. OTONIEL FERNANDEZ
                                                               levels of poverty and unemployment of mil-
      to Central America without even                                                                                                    GONZALEZ,
                                                               lion of central American farmers in the re-
                                                                                                                                         National    Legislative
      CAFTA. I do not know what it takes                       gion, who are already facing a very difficult
                                                                                                                                           Assembly,     Guate-
      for this Congress to understand that if                  economic and social crisis due to the lack of
                                                                                                                                           mala.
      this country becomes a second-rate                       rural development policies by their own gov-
                                                                                                                                       R EP. DORIS GUTIERREZ,
      manufacturing country, then we can                       ernments.
                                                                  Therefore based on these facts, we believe                             National    Legislative
      place our orders for airplanes and                       the following: CAFTA will only lead to more                                 Assembly, Honduras.
      tanks from China.                                        social instability in the region as more me-                            f
        Mr. Speaker, I hope that I do not live                 dium and small farmers will lose their liveli-
      long enough to see that happen. But I                    hoods and become part of the poor popu-                REPORT ON RESOLUTION PRO-
      am afraid it is going to happen. CAFTA                   lation numbers; CAFTA will bring a weak-                 VIDING FOR CONSIDERATION OF
      is not good for the American people. It                  ening of the already vulnerable democratic               H.R.     525,   SMALL       BUSINESS
      is not even good for the people in these                 processes in Central America as more people
                                                               are excluded from the productive sectors of              HEALTH FAIRNESS ACT OF 2005
      five Central American countries. They                    the economy. More exploitation of workers                Mr. SESSIONS, from the Committee
      need to redraw this amendment. I                         in the formal sectors of the economy will              on Rules, submitted a privileged report
      think I can support an amendment if it                   only lead to further social unrest all through         (Rept. No. 109–183) on the resolution (H.
      were fair to America and fair to Cen-                    the region; CAFTA will only lead to more
                                                                                                                      Res. 379) providing for consideration of
      tral America.                                            migration to the U.S. as more people are un-
                                                               able to make a living working on the rural             the bill (H.R. 525) amending title I of
        Let us bury CAFTA next week or this
                                                               areas, and the jobs perspectives in the cities         the Employee Retirement Income Se-
      week, and God bless America and our
                                                               do not improve. The 20 million who are cur-            curity Act of 1974 to improve access
      men and women in uniform.
                                                               rently poor, and those that will be further            and choice for entrepreneurs with
        The letter previously referred to fol-                 displaced, will turn to immigration to the             small businesses with respect to med-
      lows:                                                    U.S. as the only solution to their economic            ical care for their employees, which
                                  JULY 19, 2005.               problems. Just like the U.S. has seen an in-
        DEAR   MEMBERS OF THE UNITED STATES CON-
                                                                                                                      was referred to the House Calendar and
                                                               crease of immigrants from Mexico after
      GRESS:                                                   NAFTA, more central American will turn to              ordered to be printed.
         THE CAFTA MARKET HAS FEWER THAN 9.2                   migration to the U.S.                                                   f
        MILLION PEOPLE WHO CAN BUY U.S. GOODS                     As Legislative Representatives of the re-
         President Bush claims that the CAFTA                  gion, who represent a diverse perspective of           REPORT ON RESOLUTION PRO-
                                                               political views, we respectfully ask you to              VIDING FOR CONSIDERATION OF
      countries represent a growing market for
                                                               vote NO on CAFTA. Some of our countries
      U.S. goods. Unfortunately, this claim is far                                                                      H.R.    22,    POSTAL       ACCOUNT-
                                                               already approved the agreement (El Sal-
      from the truth. A document prepared by                                                                            ABILITY      AND      ENHANCEMENT
                                                               vador, Guatemala and Honduras), others
      CEPAL (the Economic Commission for Latin                                                                          ACT
                                                               have not (Costa Rica and Dominican Repub-
      America-United Nations) entitled, ‘‘Develop-
                                                               lic); however, in all of the region, there has           Mr. SESSIONS, from the Committee
      ment Objectives of the millennium, A Glance
                                                               been real opposition to the agreement with             on Rules, submitted a privileged report
      from Latin America and the Caribbean,’’
                                                               mass protest from all the sectors. And the
      June 10, 2005, reveals that of a population of
                                                               opposition keeps growing all through the re-
                                                                                                                      (Rept. No. 109–184) on the resolution (H.
      46 million people in the five Central Amer-                                                                     Res. 380) providing for consideration of
                                                               gion because this treaty threatens to weaken
      ican countries and the Dominican Republic,               the already vulnerable democratic institu-             the bill (H.R. 22) reforming the postal
      25.6 million are poor. Only 20.4 million people          tions that were created during the long con-           laws of the United States, which was
      are considered non-poor people. These num-               flicts of the 80s.                                     referred to the House Calendar and or-
      bers show that the open market of 44 million                Our countries want trade, but not trade
      people that Pres. Bush claims will buy U.S.                                                                     dered to be printed.
                                                               agreements like CAFTA that limit the possi-
      made goods does not exist. The majority of               bilities for our countries to enact policies                            f
      Central Americans are too poor to be able to             that will truly develop our economies and                The SPEAKER pro tempore. Under a
      afford U.S. made goods.                                  improve the lives of our people.
         Furthermore, the majority of those who                                                                       previous order of the House, the gen-
                                                                  CAFTA is a bad trade deal because it puts
      are considered non-poor (20.4 million people),           the interest of international corporations
                                                                                                                      tleman from Oregon (Mr. DEFAZIO) is
      are not secure market for most of the higher             ahead of the welfare of the working poor and           recognized for 5 minutes.
      end goods and services that the North Amer-              the poor in Central America. If CAFTA is ap-             (Mr. DEFAZIO addressed the House.
      ican companies want to export. This fact has             proved, the social instability that CAFTA              His remarks will appear hereafter in
      been established by the same study CEPAL                 supporters like to use as a reason for approv-         the Extensions of Remarks.)
      which affirms that 20 percent of those 46 mil-           ing the agreement, will come not from out-
      lion people, control more of 50 percent of the           side forces, but from the pressures created by                          f
      income; this can only mean that only 9.2                 the millions of displaced workers who will
      million people are the real market for U.S.              fall further into poverty. It is time to say NO                ORDER OF BUSINESS
      companies. This is the same market that it               to CAFTA and begin negotiating a new trade               Mrs. CHRISTENSEN. Mr. Speaker, I
      is already shared with companies of the re-              agreement that takes into account the re-              ask unanimous consent to speak out of
      gion, Europe and Asian countries who export              gion’s needs for development and real oppor-           order for 5 minutes.
      to the region.                                           tunity to all its citizens.
         The low competitive advantage that com-                  We respectfully ask you for your support of           The SPEAKER pro tempore. Is there
      panies of the Central American region have               our people and Vote NO on CAFTA!                       objection to the request of the gentle-
      (i.e., low technology, high interest rates on                   Sincerely,                                      woman from the Virgin Islands?
      financing, low skilled workforce), compared                                 REP. SALVADOR ARIAS,                  There was no objection.



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      H6412                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
           REVIEW MINORITY HEALTH                              will further reduce access to quality                  Health Care Equality and Account-
                       STATUS                                  medical services; so we will continue to               ability Legislation, or the Heal Amer-
        The SPEAKER pro tempore. Under a                       get to the system sicker, requiring                    ica Act, when it is introduced later this
      previous order of the House, the gentle-                 more expensive care.                                   week.
      woman from the Virgin Islands (Mrs.                        Association health plans, like the
                                                                                                                                       f
      CHRISTENSEN) is recognized for 5 min-                    misguided health savings account,
      utes.                                                    work best for the healthy, which be-                       CONGRATULATING COLONEL
        Mrs. CHRISTENSEN. Mr. Speaker,                         cause of centuries of neglect, minority                         CHARLES E. POWELL
      this past weekend Members of the                         communities are not.
                                                                 Worst of all, the association health                   The SPEAKER pro tempore. Under a
      Black, Hispanic and Asian Pacific Is-                                                                           previous order of the House, the gen-
      lander caucuses met in Chicago to re-                    plans remove these plans from State
                                                               laws that protect our access to an ade-                tleman from Texas (Mr. CONAWAY) is
      view the status of health in commu-                                                                             recognized for 5 minutes.
      nities of color there and discuss policy                 quate level of benefits and our ability
                                                               to seek redress if denied. The only                      Mr. CONAWAY. Mr. Speaker, I rise
      and legislative remedies.                                                                                       tonight to recognize a friend and con-
        On the weekend before that, the Con-                   place fairness can be found in the bill is
                                                               in its name.                                           stituent, Colonel Charles E. Powell, re-
      gressional Black Caucus held a brain                                                                            tired U.S. Air Force of San Angelo,
      trust, held similar meetings in Cleve-                     What our communities have told us
                                                               they need are adequate coverage, ex-                   Texas.
      land, Ohio. Both meetings, like the                                                                               On June 14, 2005, Colonial Powell re-
      ones we have held in L.A., Miami, New-                   panding Medicaid. Just to cover 200
                                                               percent of poverty would make a major                  ceived the Road Hand Award from the
      ark, Charleston, and the U.S. Virgin Is-                                                                        Texas Department of Transportation,
      land were opportunities to talk to our                   difference. They also want help to over-
                                                               come the language barriers, and they                   presented by Texas Transportation
      wider constituencies, particularly peo-                                                                         Commissioner John W. Johnson.
      ple of color in this country, about their                want language services paid for, and
                                                               not by the physicians and centers that                   The Road Hand Award was created in
      health care, or lack of it, their needs                                                                         1973 by Luther DeBerry, a former State
      and what they think we, their Members                    provide our care.
                                                                 They want health care providers to                   highway engineer of the Texas Depart-
      of Congress and our colleagues, should                                                                          ment of Transportation. It is designed
      be doing about it.                                       reflect the diverse Nation we have be-
                                                               come, providers on all levels who know,                to honor public servants throughout
        Mr. Speaker, all of the places we vis-
                                                               understand and speak the same lan-                     Texas who have dedicated themselves
      ited are communities in which African
                                                               guage they do. They want comprehen-                    to improving public transportation
      Americans in particular, but all people
                                                               sive care and more emphasis on preven-                 safety.
      of color, suffer disproportionately from
                                                               tion and health maintenance for the                      In 32 years, only 198 awards have been
      disease and disabilities and die pre-
                                                               diseases that disable and kill us in dis-              given, an average of about six per year.
      maturely from preventable causes in
                                                               proportionate, preventable numbers.
      numbers which are far in excess of our                                                                                           b 2000
      white counterparts.                                        They want a more effective office of
        They are the health disparities that                   minority health, office of civil rights,                 Previous Road Hand Award winners
      we have repeatedly come to the floor to                  and Indian health service; and they                    include former mayor of San Antonio
      talk about. Some examples are as fol-                    want the health facilities that take                   and Secretary of Housing and Urban
      lows: American Indian/Alaskan natives                    care of us to stay open and be better                  Development Henry Cisneros, and
      have diabetes rates that are nearly                      funded. They also said they want re-                   former Congressman Jake Pickle, who
      three times higher than the overall                      sources and the technical assistance to                recently passed away.
      rate.                                                    be provided to our communities and                       Colonel Powell is the seventh recipi-
        The death rate from asthma is more                     our indigenous organization, not to                    ent from the San Angelo district and
      than three times higher among African                    groups from the outside who then come                  the first honoree ever to receive the
      Americans than among whites. The in-                     in and try to provide what only we our-                award for their dedication to Texas
      fant mortality rate for African Ameri-                   selves can do effectively.                             aviation safety. Honorees have their
      cans and American Indian and Alaskan                       They want all of the agencies of gov-                names inscribed on the Road Hand Hall
      Natives are more than two times high-                    ernment that impact our communities,                   of Fame plaque, which is displayed in
      er.                                                      and thus our health, to work together.                 the foyer of the DeWitt C. Greer High-
        Latino women who were newly diag-                      I want to take this opportunity to                     way Building in Austin, Texas.
      nosed with breast cancer or lung can-                    thank the hundreds of people who came                    Colonel Powell’s career of service
      cer were diagnosed in later stages and                   out to meet with us, our sponsors that                 brings credit to all Americans and
      had lower survival rates than white                      are too many to name, and our hosts,                   pride to his hometown of San Angelo.
      women with the same conditions.                          Case Western Reserve and the Univer-                   Colonel Powell served as commanding
        Vietnamese women have cervical                         sity of Illinois at Chicago schools of                 officer at Goodfellow Air Force Base
      cancer death rates that are almost five                  medicine.                                              from 1980 to 1984. In 2000 he was ap-
      times higher, and people of color make                     We of the Asian Pacific, Hispanic,                   pointed to the Texas Aviation Advisory
      up almost three-fourths of all new                       Native American, and Black caucuses                    Committee, where he helped increase
      AIDS cases.                                              have listened. And this week we stand                  grants by 44 percent. As a member of
        In our discussions on these and other                  ready to provide the vehicle that re-                  the San Angelo Chamber of Commerce,
      realities of health care in our country,                 sponds to this important and large seg-                Colonel Powell was a great advocate
      what our community said to us was af-                    ment of the American population.                       for local transportation issues, includ-
      firming, but it was also frustrating, af-                  The health of all Americans and the                  ing to our State government, and
      firming because their comments, com-                     strength of our Nation depend on fair-                 helped secure funding for the U.S.
      plaints and recommendations told us                      ness in health care services and equal-                Highway 67 Houston Harte Freeway
      that our agendas are on target, but                      ity and health status for all of its peo-              through San Angelo.
      frustrating because we have not been                     ple no matter their race, socio-                         Texas has over 79,000 miles of road-
      able to get this or the other body to                    economic status, ethnicity, religion or                way, the most in the United States,
      make these needs the high priority                       national background, sexual identifica-                and it takes a lot of work to keep
      they ought to be.                                        tion or geography.                                     Texas safe in our many transportation
        What is even more distressing is that                    Mr. Speaker, I am calling on all of                  systems. To a long list of honors and
      what is on the health care agenda of                     my colleagues to provide the health                    awards reflecting a lifetime of public
      this Congress would instead reduce ac-                   leadership this country really needs to                service, Colonel Powell has added the
      cess and increase gaps in health, and                    unite and not divide us as the bills that              Texas Department of Transportation
      because of this, increase the cost of                    will be on the floor this week will do,                Road Hand. Colonel Powell represents
      health care for everyone.                                and to support a better America, a                     the best of District 11 and the State of
        We, people of color, are already over                  stronger America, and the America our                  Texas, and I am proud to be his Con-
      half of the uninsured. Medicaid cuts                     Founders envisioned by supporting the                  gressman and his friend.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6413
        The SPEAKER pro tempore (Mr.                             This White House, so famous for re-                    The SPEAKER pro tempore. Is there
      DENT). Under a previous order of the                     fusing to admit mistakes, continues to                 objection to the request of the gentle-
      House, the gentleman from Maryland                       keep its head down and recite the talk-                woman from Florida?
      (Mr. WYNN) is recognized for 5 minutes.                  ing points. Their stubbornness is cost-                  There was no objection.
        (Mr. WYNN addressed the House. His                     ing us an average of about 17 American
                                                                                                                                       f
      remarks will appear hereafter in the                     servicemen and women a week and over
      Extensions of Remarks.)                                  $1 billion every third day. Over this pe-               OPENING DOORS WITH CAFTA–DR
                       f                                       riod I have become even more con-
                                                               vinced that we must end this war and                     The SPEAKER pro tempore. Under a
        EXCHANGE OF SPECIAL ORDER                                                                                     previous order of the House, the gentle-
                                                               bring our brave men and women home
                       TIME                                                                                           woman      from    Florida   (Ms.    ROS-
                                                               to their families as quickly as we can.
        Ms. WOOLSEY. Mr. Speaker, I ask                        But that is not enough.                                LEHTINEN) is recognized for 5 minutes.
      unanimous consent to claim the time                        The end to the war must mean the                       Ms. ROS-LEHTINEN. Mr. Speaker, as
      of the gentleman from Maryland (Mr.                      start of a whole new way of thinking                   the House prepares to take up the Cen-
      WYNN).                                                   about national security, like my                       tral American Dominican Republic
        The SPEAKER pro tempore. Is there                      SMART Security plan, with SMART                        Free Trade Agreement, CAFTA–DR,
      objection to the request of the gentle-                  standing for sensible, multilateral                    this week, I urge my colleagues to
      woman from California?                                   American response to terrorism.                        render their full support for this meas-
        There was no objection.                                  At the core of SMART is the belief                   ure.
                       f                                       that the use of military force must be                   This is an agreement that is not sole-
                                                               an absolute last resort to be pursued                  ly about trade, but also about saving
                 SMART SECURITY                                                                                       lives and furthering the spread of de-
                                                               only in the most extreme cir-
        The SPEAKER pro tempore. Under a                       cumstances. SMART recognizes that                      mocracy in the world. Passing CAFTA–
      previous order of the House, the gentle-                 America faces threats that cannot be                   DR has many positive and far-reaching
      woman from California (Ms. WOOLSEY)                      ignored, like terrorism and the spread                 implications. It promotes U.S. national
      is recognized for 5 minutes.                             of deadly weapons; but it would address                security objectives in our own back-
        Ms. WOOLSEY. Mr. Speaker, on                           these threats by strengthening our                     yard by opening markets and fostering
      April 20 of last year, I spoke in this                   global alliances, improving our intel-                 economic development, which are the
      Chamber in opposition to the war in                      ligence capabilities, and upgrading                    critical weapons in fighting the condi-
      Iraq and my belief that we needed a                      weapons inspections regimes. SMART                     tions that breed instability and ter-
      new SMART Security plan to protect                       would also redirect the money we are                   rorism. By supporting CAFTA–DR, we
      America.                                                 currently spending on outdated Cold                    will be giving the people of the coun-
        Since then nearly every day that this                  War weapons systems towards home-                      tries included under the agreement the
      body has been in session, I have again                   land security and an energy independ-                  hope for change and for progress.
      taken to the floor to express my out-                    ence plan. And SMART is based on the                     CAFTA–DR is not only vitally impor-
      rage about our Nation’s disastrous Iraq                  belief that the only way to truly ad-                  tant to the future of the Central Amer-
      policy and the urgency for a different                   dress terrorism is to do something                     ican nations and to the Dominican Re-
      approach. Today I rise for the 100th                     about the poverty and despair that                     public, but to our own economic well-
      time on this gravely important topic.                    gives rise to terrorism in the first                   being and overall strategic consider-
        Since I first spoke out last spring,                   place.                                                 ations. By expanding exports, by low-
      look at what has happened: The Abu                         So SMART also includes an ambi-                      ering the trade deficit, CAFTA–DR cre-
      Ghraib story broke soon thereafter. We                   tious international development com-                   ates jobs. Today nearly 80 percent of
      learned that the Pentagon sent our                       ponent, helping underdeveloped nations                 the products from Central America and
      troops into battle without basic safety                  with democracy building, human rights                  the Dominican Republic and 99 percent
      equipment. The Downing Street memo                       education, conflict resolution, sustain-               of the agricultural products already
      revealed that the decision to invade                     able development of natural resources                  enter the United States duty free.
      Iraq had been made as early as July                      and more.                                              America’s markets are already open.
      2002 with the intelligence and facts                       SMART protects America by relying                    But Americans who wish to sell to Cen-
      being fixed around the policy. And they                  on the very best of America, not vio-                  tral America and the DR, on the other
      were so committed to the lies peddled                    lence and conquests, but our capacity                  hand, face high tariffs. CAFTA–DR
      to sell this war that the President’s top                for global leadership, our belief in free-             eliminates those foreign taxes, opening
      aide was willing to blow the cover of a                  dom, and our compassion for vulner-                    the region’s markets to goods, services
      CIA agent to smear a White House crit-                   able people around the world.                          and farm products from the United
      ic. And most importantly, since last                       This first step is to return Iraq to the             States.
      April more than 1,000 Americans have                     Iraqi people and return our troops to                    U.S. investors have invested billions
      made the ultimate sacrifice in Iraq,                     their families. Until that happens, I                  of dollars overseas, stimulating trade.
      with thousands more wounded, and let                     will continue to speak out in this                     U.S. investors must be treated fairly in
      us not forget the countless innocent                     Chamber as I have done 100 times. It is                foreign markets like Central America
      Iraqi civilians who have died simply                     my sincere hope, Mr. Speaker, that I                   if the system is to work fairly. The
      because they had the misfortune of liv-                  will not have to speak 100 times more,                 passage of CAFTA–DR in my home
      ing in a nation we wished to occupy.                     but if I must, I will.                                 State of Florida would have far-reach-
        And what have we paid for the right                                      f                                    ing positive implications. Collectively
      to kill and be killed? More than $80 bil-                    The SPEAKER pro tempore (Mr.                       the countries of CAFTA–DR are Flor-
      lion in supplemental appropriations for                  DAVIS of Kentucky). Under a previous                   ida’s largest export destinations. Even
      Iraq since last April alone. Since then                  order of the House, the gentleman from                 individually CAFTA–DR markets are
      America and Americans have gradually                     Idaho (Mr. OTTER) is recognized for 5                  important trading partners for my
      begun losing confidence in the adminis-                  minutes.                                               home State of Florida. CAFTA–DR
      tration’s handling of Iraq. Fifteen                        (Mr. OTTER addressed the House. His                  would provide enhanced market access
      months ago when I began, few people                      remarks will appear hereafter in the                   to the Dominican Republic and to Cen-
      dared discuss an end to this war; but by                 Extensions of Remarks.)                                tral America as it will boost opportuni-
      this May, 128 Members of the House                                         f                                    ties for Florida exporters throughout
      voted for my amendment to the defense                                                                           the region, providing new market ac-
      authorization bill which called on the                     EXCHANGE OF SPECIAL ORDER                            cess for the State’s products.
      President to develop and implement a                                     TIME                                     CAFTA–DR will further obligate our
      plan to withdraw our troops from Iraq                      Ms. ROS-LEHTINEN. Mr. Speaker, I                     trading partners to bring their laws
      as soon as possible. Unfortunately, the                  ask unanimous consent to claim the                     and their regulations up to U.S. stand-
      Bush administration remains tone-deaf                    time of the gentleman from Idaho (Mr.                  ards in areas such as the regulation of
      on this life-and-death issue.                            OTTER).                                                services,    investments,    intellectual



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      H6414                                              CONGRESSIONAL RECORD — HOUSE                                                         July 25, 2005
      property, telecommunications, pro-                          PLANNED WITHDRAWAL FROM                             cupied by the Kurds has a certain popu-
      curement, and e-commerce. Estab-                                           IRAQ                                 lation, they will get according to the
      lishing a level playing field helps U.S.                   The SPEAKER pro tempore. Under a                     population their share of the oil no
      businesses to compete. Concurrently                      previous order of the House, the gen-                  matter where the wells are located. No
      CAFTA–DR will help strengthen the                        tleman from New York (Mr. OWENS) is                    matter where the oil wells are located,
      rule of law and promote transparency                     recognized for 5 minutes.                              those who live in Baghdad, whether
      against all sectors. In doing so, it                       Mr. OWENS. Mr. Speaker, I rise to                    Shiite or Sunnis, their particular sec-
      would help deny criminal elements and                    congratulate my colleague from Cali-                   tor would get a share of the oil reve-
      other unsavory characters of the cor-                    fornia (Ms. WOOLSEY) on the 100th occa-                nues also.
      rupt structures that they could manip-                                                                            I think it is also important because
                                                               sion of speaking on this very important
      ulate for anything from money laun-                                                                             it is necessary to draw some bound-
                                                               subject.
      dering to terrorist financing.                             The gentlewoman from California                      aries in this constitutional process,
        As such, CAFTA–DR also serves to                                                                              and they will be drawing boundaries.
                                                               (Ms. WOOLSEY) has maintained a drum-
      promote democratic governments, thus                                                                            Whether by state or by provinces or
                                                               beat of truth on one of the most impor-
      advancing stability and consolidating                                                                           whatever, there are going to be bound-
                                                               tant issues, probably the most impor-
      freely elected governments that are                                                                             aries; and there is a need to have some
                                                               tant issue, facing our Nation. It is a
      our allies in the war on drugs and the                                                                          kind of understanding that concentra-
                                                               most important moral issue. It is the                  tions of ethnic groups or concentra-
      international war on terror.                             most important political issue also. It                tions of religious affiliations need to be
        By strengthening our allies, our                       is moral because human life is sacred,                 respected. So there will be a necessity
      neighboring countries, we are helping                    and too many souls have already been                   to draw some sectors that have a ma-
      to stabilize and strengthen our own Na-                  destroyed in this war on both sides, on                jority of Sunnis, necessity to draw
      tion. In passing CAFTA–DR, we are                        all sides.                                             boundaries which have a majority of
      helping to ensure that the countries it                    The insurgent fanatics who seem to                   Shiites, et cetera with the Kurds.
      includes will have the opportunity to                    be growing unlimited are not really                      This nation was held together, I
      fight threats to their democratic insti-                 that powerful. Insurgent fanatics do                   think, partially due to the principle
      tutions that feed off discontent, pov-                   not have the support of the majority of                that it was divided up into states so
      erty, and disenfranchisement.                            the people. A clearly articulated plan                 that many different kinds of personal-
        On the other hand, failure to pass                     for withdrawal will drastically de-                    ities and groups could express them-
      CAFTA–DR in Congress will only serve                     crease the clusters of support that the                selves through a state process when the
      to cripple our efforts in freezing out                   fanatic killers have. If people could see              states were more independent and the
      narcoterrorist gangs and others who                      the movement towards some progress                     national government was less of an en-
      threaten our hemispheric stability.                      in resolving this problem, they would                  tity. I think the same process would
        Finally, CAFTA–DR would also allow                     abandon the fanatics at a faster rate.                 hold in the case of Iraq. We should have
      Central America to thrive by exporting                     Let us propose a plan. And I do not                  a chance for groups to express them-
      goods through trade rather than ex-                      disagree with any of the plans and pro-                selves for local decision-making to be
      porting people through illegal immi-                     posals that have been made by my col-                  maximized in those areas, in those sec-
      gration. Opportunities would also in-                    league, the gentlewoman from Cali-                     tors.
      crease access to new technologies and                    fornia (Ms. WOOLSEY) in her 100 presen-                  But, overall, they should understand
      educational opportunities that are                       tations, or plans that have been made                  they are not going to be starved for
      going to afford small and medium busi-                   by my other colleagues. I think that                   revenue, that the riches underneath
      nesses the ability to expand and diver-                  we have enough brainpower in America                   the Earth in Iraq are going to be avail-
      sify. It would open the door to more                     with our think tanks and our various                   able to every group no matter where
      private investment, to a qualitative                     academic circles, et cetera, to come up                they are located.
      and quantitative improvement in the                      with a plan which really can work.                       I think it is up to us to have that
      job market, and higher economic                            I want to just add that in that plan                 kind of honest discussion. There is too
      growth, government revenue and in-                       should be some more open discussion                    little talk about exactly what we are
      creased social spending.                                 and honest discussion of oil, the oil                  going to do about the oil in Iraq, and
        In summary, Mr. Speaker, adoption                      wealth of Iraq. Too little is being said               too many whispers and too many ru-
      of CAFTA–DR will not only advance                        about the oil wealth of Iraq and what is               mors about our having some kind of
      our own economic objectives, further                     going to happen to the oil wealth of                   hidden agenda that is not to the ben-
      our efforts to combat the war on terror                  Iraq. The people of Iraq, the different                efit of Iraq. Let us tell the people of
      and narcotrafficking, but also will                      factions, I think, would begin to react                Iraq what we are going to do with the
      strengthen our mission of strength-                      differently if they heard from America                 oil.
      ening and spreading democracy.                           a clear statement of how we propose to                                  f
        I look forward to the passage of                       fairly divide the oil wealth of Iraq.                    The   SPEAKER pro tempore (Mr.
      CAFTA–DR. A vote for CAFTA–DR is a                                                                              DAVIS of Kentucky). Under a previous
                                                                                b 2015                                order of the House, the gentleman from
      vote for our U.S. national security.
                                                                 First, they will want to hear that we                Ohio (Mr. BROWN) is recognized for 5
                       f                                       are not going to take a dispropor-                     minutes.
        The SPEAKER pro tempore. Under a                       tionate amount in investment returns                     (Mr. BROWN of Ohio addressed the
      previous order of the House, the gen-                    and technical assistance fees, et cetera.              House. His remarks will appear here-
      tleman from Maryland (Mr. CUMMINGS)                      That is the first thing they want to                   after in the Extensions of Remarks.)
      is recognized for 5 minutes.                             hear. But the biggest things for the                                    f
        (Mr.    CUMMINGS      addressed   the                  Kurds, the Sunnis, and the Shiites is                    The SPEAKER pro tempore. Under a
      House. His remarks will appear here-                     how will the oil well be divided as they               previous order of the House, the gentle-
      after in the Extensions of Remarks.)                     draw boundaries for sectors or prov-                   woman from Ohio (Ms. KAPTUR) is rec-
                       f                                       inces or states or whatever they are                   ognized for 5 minutes.
                                                               going to do in their constitution to di-                 (Ms. KAPTUR addressed the House.
         EXCHANGE OF SPECIAL ORDER                             vide up the nation.                                    Her remarks will appear hereafter in
                      TIME                                       I think we ought to put on the table,                the Extensions of Remarks.)
        Mr. OWENS. Mr. Speaker, I ask                          tell the Sunnis, the Kurds, and the Shi-                                f
      unanimous consent to claim the time                      ites that the oil wells will be fairly                   The SPEAKER pro tempore. Under a
      of the gentleman from Maryland (Mr.                      shared by all revenue benefits being as-               previous order of the House, the gen-
      CUMMINGS).                                               signed on a per capita basis, regardless               tleman from Illinois (Mr. EMANUEL) is
        The SPEAKER pro tempore. Is there                      of ethnicity or geographic location;                   recognized for 5 minutes.
      objection to the request of the gen-                     that the revenue, the profits, are going                 (Mr. EMANUEL addressed the House.
      tleman from New York?                                    to be divided equally on a per capita                  His remarks will appear hereafter in
        There was no objection.                                basis. So if one area of the country oc-               the Extensions of Remarks.)



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6415
        FEDERAL YOUTH COORDINATION                             young people who actually have been                    the resolution that was submitted by
                         ACT                                   in dysfunctional situations, young peo-                the Bush administration to authorize
        The SPEAKER pro tempore. Under a                       ple who have been in foster care, and                  the war in Iraq. It has now come to my
      previous order of the House, the gen-                    young people who have been through                     attention, and to, I think, many other
      tleman from Nebraska (Mr. OSBORNE) is                    the system and have seen some of the                   Members of this House, that there are
      recognized for 5 minutes.                                problems. So what this council will do                 a growing number of people here, as
        Mr. OSBORNE. Mr. Speaker, I am                         is to meet regularly, at least four                    well as around the country, that under-
      here this evening to speak about the                     times a year; and they are charged                     stand that this war was a deep and
      Federal Youth Coordination Act. This                     with these different responsibilities:                 tragic mistake and that the rationale
      act was written in response to a report                    First of all, evaluate youth-serving                 presented for it was based upon false-
      issued by the White House Task Force                     programs. Does each program really                     hoods. The statements which came
      on Disadvantaged Youth in 2003. This                     serve any good objective? What pro-                    from various people within the admin-
      task force report indicated that 25 per-                 grams are duplication? What programs                   istration were completely false and
      cent of U.S. teens are at risk of not                    could be combined; what programs                       misleading. Among those initially was
      having productive lives, not growing up                  could be eliminated?                                   the idea that Iraq had something to do
      to be people who can hold a job, who                       Secondly, coordinate among Federal                   with the attack on our country of Sep-
      are free of substance abuse, and are                     agencies with programs serving youth.                  tember 11, 2001. That, of course, was
                                                               There may be a program in Health and                   completely and totally false.
      able to contribute to the society. The
                                                               Human Services that mirrors a pro-                       Additionally, it was stated by mem-
      estimate is that roughly 10 million                                                                             bers of the Bush administration that
                                                               gram in the Department of Education.
      young people fall into this category.                                                                           there was some connection between al
        This is a very difficult time to be a                  Why have that duplication? Why is
                                                               there no coordination or even commu-                   Qaeda and Saddam Hussein. That has
      young person. As almost anyone in our
                                                               nication across agency lines?                          been proven to be completely and to-
      culture knows, we have drug and alco-
                                                                 Improve Federal programs that serve                  tally false. Again, we were told that
      hol abuse, we are the most violent Na-
                                                               at-risk youth. What works; what does                   there were so-called weapons of mass
      tion in the world for young people in
                                                               not work? What types of programs                       destruction in Iraq, chemical and bio-
      terms of homicide and suicide, and
                                                               should we be promoting? What should                    logical weapons, and the President
      roughly one-half of the young people                                                                            himself in this House made allegations
                                                               we be putting more money into and
      growing up in our country today are                                                                             with regard to the development of a
                                                               what should we be defunding, and so
      going to be growing up without both                                                                             nuclear weapons program by Iraq. That
                                                               on?
      biological parents, so they have under-                    Fourthly, recommend improvements                     too has been shown to be totally and
      gone a significant amount of dysfunc-                    in an annual report. The commission                    completely false.
      tion at some point in their lives.                       has to file a report with Congress                       This administration has entirely
        In response, the Congress, being gen-                  which examines exactly what they                       twisted and distorted the facts and the
      erous and compassionate, has devised                     have been doing and what they have                     information and the intelligence to try
      339 Federal programs which serve                         accomplished.                                          to fit a policy decision which they
      youth and their families. There are 339                    And then probably most important of                  made based on no facts or information,
      of these programs. These programs are                    all, set and meet quantifiable goals and               but based upon a decision which was
      disbursed over 12 different agencies.                    objectives. In other words, each pro-                  made by this administration to suit
      The greatest number are in the Depart-                   gram has to have a measurable quan-                    their own private, personal, and polit-
      ment of Education, Health and Human                      tifiable goal, a series of goals and                   ical objectives. The consequence of
      Services and the Department of Jus-                      benchmarks as to whether they are ac-                  that has been the loss of more than
      tice. Some are in the Department of                      complishing anything or not. We think                  1,760 lives of American service men and
      Labor, some are in the Department of                     this is critical in any type of program                women for no good reason. That war
      Agriculture, and so on; and so they are                  that is going to move forward.                         was unnecessary, unjust; and we need
      spread all over. The cost of all of these                  Lastly, hold Federal agencies ac-                    to face up to it. The Members of this
      programs was $223.5 billion in 2003. So                  countable for achieving results. Of                    House need to face up to it.
      it is a huge part of the Federal budget.                 course, accountability in government                     We have, over this period of time,
        Now, the problem is that these pro-                    sometimes is lacking. So I urge support                been confronted with a gross amount of
      grams are not coordinated in any way                     of this bill. We think it is very                      information which has been totally
      at all. They have kind of grown like                     important.                                             misleading and totally false. The ad-
      Topsy. In many cases, they have no                                         f                                    ministration contracted with private-
      measurable quantifiable goals; and in                                                                           public relations firms to persuade the
      many more cases, no one really knows                                       IRAQ                                 American people of the falsity of their
      whether they even serve the purpose                        The SPEAKER pro tempore. Under a                     notions with regard to weapons of mass
      which they were first intended to                        previous order of the House, the gen-                  destruction and the relationship be-
      serve. So we have a very confused pic-                   tleman from New York (Mr. HINCHEY)                     tween Iraq and al Qaeda and the attack
      ture as far as these programs are con-                   is recognized for 5 minutes.                           of September 11, now known to be to-
      cerned.                                                    Mr. HINCHEY. Mr. Speaker, I want                     tally and completely false.
        The General Accounting Office refers                   to take this opportunity to commend                      And the administration apparently
      to this confused government response                     my colleague, the gentlewoman from                     continues to seek to mislead the coun-
      to troubled youth as a perfect example                   California (Ms. WOOLSEY), for making                   try. We have just recently, just today,
      of ‘‘mission fragmentation.’’ The GAO                    tonight on the floor of this House her                 a report over CNN broadcasting which
      recommends that programs with simi-                      100th statement concerning the war in                  quotes two separate people in Iraq on
      lar goals, target populations, and serv-                 Iraq.                                                  two separate circumstances with re-
      ices be coordinated, consolidated and                      Over the course of the last 15 months,               gard to an attack that took place on
      streamlined.                                             the gentlewoman from California has                    July 13 and another that took place on
        As a result of this report and the                     made a very substantial contribution                   July 24, just yesterday. Let me read
      GAO commentary on it, the Federal                        to the debate concerning that tragic                   into the RECORD what those news re-
      Youth Coordination Act was written. It                   event in Iraq, the circumstances sur-                  leases coming out of Iraq say:
      was written in response to the White                     rounding it, and also making rec-                        A Sunday, July 24, news release says:
      House Task Force, and it creates a                       ommendations as to what we might do                    ‘‘The terrorists are attacking the infra-
      Federal Youth Coordinating Council.                      in the future to correct the terrible                  structure, the ISF, and all of Iraq.
      Now, this council is designed to do sev-                 mistakes and injustices that have been                 They are enemies of humanity without
      eral things.                                             perpetrated against the Iraqi people                   religion or any sort of ethics. They
        First of all, it is composed of mem-                   and against our own country. I com-                    have attacked my community today,
      bers from each of the 12 agencies that                   mend her for doing so.                                 and I will now take the fight to the ter-
      have these youth-serving agencies.                         She and I were among those 143 Mem-                  rorists, said one Iraqi man who pre-
      Also included on the council are some                    bers of this House who voted against                   ferred not to be identified.’’



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      H6416                                              CONGRESSIONAL RECORD — HOUSE                                                         July 25, 2005
        Eleven days earlier, it was reported                   tleman   from     Massachusetts    (Mr.                two of its staff were kidnapped last
      from the same military sources, a July                   CAPUANO) is recognized for 5 minutes.                  week.
      13 news release said: ‘‘ ‘The terrorists                   (Mr. CAPUANO addressed the House.                       The President has overstated the
      are attacking the infrastructure, the                    His remarks will appear hereafter in                   threat that Iraq had weapons of mass
      children, and all of Iraq,’ said one Iraqi               the Extensions of Remarks.)                            destruction and biological and chem-
      man who preferred not to be identified.                                    f
                                                                                                                      ical weapons in order to frighten the
      ‘They are enemies of humanity without                                                                           American public into giving him pre-
                                                                 The SPEAKER pro tempore. Under a
      religion or any sort of ethics. They                                                                            emptive strike ability and for the sup-
                                                               previous order of the House, the gen-
      have attacked my community today,                                                                               port of this war.
                                                               tleman from California (Mr. HONDA) is                     The U.S. presence of approximately
      and I will now take the fight to the ter-                recognized for 5 minutes.                              150,000 troops in Iraq is fueling our en-
      rorists.’ ’’                                               (Mr. HONDA addressed the House.                      emies around the world and causing
        These are false statements, obvi-                      His remarks will appear hereafter in                   them to rise up against not only Amer-
      ously, and we continue to be afflicted                   the Extensions of Remarks.)                            icans, but anyone who supports the
      by propaganda out of this administra-
      tion to attempt to justify the initial                                     f                                    American occupation in Iraq. Our pres-
      attack, now the occupation, and the                        The SPEAKER pro tempore. Under a                     ence is not containing violence, it is al-
      ongoing occupation which is increas-                     previous order of the House, the gentle-               most sparking violence. Almost every
      ingly dangerous.                                         woman from California (Ms. WATSON) is                  day there are fatal car bombings and
        So I commend the gentlewoman from                      recognized for 5 minutes.                              suicide bombings. Men in the military
      California (Ms. WOOLSEY) for what she                      (Ms. WATSON addressed the House.                     for Iraq are being targeted. Policemen
      has done, and the House really needs to                  Her remarks will appear hereafter in                   in the service for Iraq are targeted and
      pay much more attention to these                         the Extensions of Remarks.)                            killed. Diplomats are being targeted
      issues.                                                                    f                                    and killed.
                                                                                                                         We cannot ignore that the deadly
                       f                                         The SPEAKER pro tempore. Under a
                                                                                                                      bombs in London 21⁄2 weeks ago are also
        The SPEAKER pro tempore. Under a                       previous order of the House, the gentle-
                                                                                                                      inextricably linked to Iraq. We cannot
      previous order of the House, the gen-                    woman from the District of Columbia
                                                                                                                      ignore the fact that the insurgents
      tleman from Texas (Mr. POE) is recog-                    (Ms. NORTON) is recognized for 5 min-
                                                                                                                      have not been weakened since Congress
      nized for 5 minutes.                                     utes.
                                                                                                                      authorized the President to use force in
        (Mr. POE addressed the House. His                        (Ms. NORTON addressed the House.
                                                                                                                      Iraq in October 2002, almost 2 years
      remarks will appear hereafter in the                     Her remarks will appear hereafter in
                                                                                                                      ago, nor can we ignore the fact that
      Extensions of Remarks.)                                  the Extensions of Remarks.)
                                                                                                                      life for Iraqis under this occupation is
                       f                                                         f                                    far worse than life was before the occu-
        The SPEAKER pro tempore. Under a                         The SPEAKER pro tempore. Under a                     pation.
      previous order of the House, the gen-                    previous order of the House, the gentle-                  Estimates range between 15,000 and
      tleman from Indiana (Mr. BURTON) is                      woman from Indiana (Ms. CARSON) is                     17,000 innocent Iraqis have died to date.
      recognized for 5 minutes.                                recognized for 5 minutes.                              This is not an improvement in the life
        (Mr. BURTON addressed the House.                         (Ms. CARSON addressed the House.                     they had. These are innocent people
      His remarks will appear hereafter in                     Her remarks will appear hereafter in                   who now have lost their lives because
      the Extensions of Remarks.)                              the Extensions of Remarks.)                            of the preemptive strike there. At the
                       f                                                         f                                    very least, basic services that we take
        The SPEAKER pro tempore. Under a                                                                              for granted in the United States, such
      previous order of the House, the gen-                                          b 2030                           as electricity, running water and sew-
      tleman from Texas (Mr. BURGESS) is                                                                              age systems, are destroyed and not ac-
                                                                      THE SITUATION IN IRAQ
      recognized for 5 minutes.                                                                                       cessible to all Iraqis.
                                                                 The SPEAKER pro tempore (Mr.                            Even our brave service men and
        (Mr. BURGESS addressed the House.
                                                               DAVIS of Kentucky). Under a previous                   women are suffering. We still hear
      His remarks will appear hereafter in
                                                               order of the House, the gentleman from                 about some of their needs that are not
      the Extensions of Remarks.)
                                                               New Jersey (Mr. PAYNE) is recognized                   being met. When I was there earlier
                       f                                       for 5 minutes.                                         this year, soldiers told me about being
        The SPEAKER pro tempore. Under a                         Mr. PAYNE. Mr. Speaker, I rise to                    attacked in unarmed Humvees, and
      previous order of the House, the gen-                    stand in solidarity with the gentle-                   wanted to know why were there not
      tleman from New York (Mr. NADLER) is                     woman from California (Ms. WOOLSEY)                    enough armed vehicles to protect
      recognized for 5 minutes.                                and other Members who are calling for                  them. They showed me a Humvee that
        (Mr. NADLER addressed the House.                       an end to the U.S. occupation of Iraq.                 is not properly protected and those
      His remarks will appear hereafter in                     As other Members have stated earlier,                  that are. It is a world of difference.
      the Extensions of Remarks.)                              I commend the gentlewoman from Cali-                      A March 27 report in USA Today re-
                       f                                       fornia (Ms. WOOLSEY) for her persist-                  vealed that the Pentagon realized they
        The SPEAKER pro tempore. Under a                       ence, for her 100 days of bringing this                did not have enough armed Humvees,
      previous order of the House, the gentle-                 issue before the American people as she                only 235 in June 2003. We should not
      woman from Illinois (Ms. SCHAKOWSKY)                     has so clearly articulated the facts as                plan a war without having the equip-
      is recognized for 5 minutes.                             related to our situation in Iraq.                      ment to fight it. Yet more than 2 years
        (Ms. SCHAKOWSKY addressed the                            The war in Iraq has become a crisis                  later, I was hearing from our young
      House. Her remarks will appear here-                     of global proportions. Every day there                 men and women in the service that
      after in the Extensions of Remarks.)                     are violent attacks on innocent civil-                 still the Humvees are not all up to
                                                               ians in Iraq and on our service men and                where they ought to be for protection.
                       f
                                                               women stationed there. We have seen                    This means there was poor planning
        The SPEAKER pro tempore. Under a                       the fact that the President has over-                  and poor execution of this war, and our
      previous order of the House, the gentle-                 stated the situation in Iraq. We are                   troops bear the brunt of the Pentagon’s
      woman      from    New     York    (Ms.                  starting to see a backlash around the                  shortsightedness. The President must
          ´
      VELAZQUEZ) is recognized for 5 min-                      world. Just recently, Egypt’s Ambas-                   do more to protect our troops.
      utes.                                                    sador to Iraq was kidnapped and subse-                    Let me ask for the support of the
                    ´
        (Ms. VELAZQUEZ addressed the                           quently killed. Algeria’s diplomatic                   gentlewoman from California (Ms.
      House. Her remarks will appear here-                     staff of only a handful of people have                 WOOLSEY), H. Con. 35, where she asked
      after in the Extensions of Remarks.)                     been withdrawn because, even though                    for the development of a plan, and I
                       f                                       the North African country has no                       commend the gentlewoman from Cali-
        The SPEAKER pro tempore. Under a                       troops in Iraq, just to represent the                  fornia (Ms. WOOLSEY) for her persist-
      previous order of the House, the gen-                    current government and recognize it,                   ence.



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6417
           AFFORDABLE HEALTH CARE                              to thank the gentleman from Texas                      general in Texas, and understands the
        The SPEAKER pro tempore. Under a                       (Mr. SAM JOHNSON) for his work on                      national security implications of this
      previous order of the House, the gentle-                 this. I want to thank the leadership for               trade agreement.
      woman       from      Tennessee     (Mrs.                their efforts, and I ask all of my col-                  Mr. MCCAUL of Texas. Mr. Speaker, I
      BLACKBURN) is recognized for 5 min-                      leagues to strongly support this impor-                would like to thank the gentleman
      utes.                                                    tant effort.                                           from Texas (Mr. BRADY) for his leader-
        Mrs. BLACKBURN. Mr. Speaker,                                             f                                    ship on this issue. He has been the
      when I am back home in my district in                                                                           point man on this in Congress, and he
                                                                           PASS DR–CAFTA                              has done a great job. I am proud to
      Tennessee talking with a lot of small-
      business owners, which are the primary                     The SPEAKER pro tempore. Under                       work with him on this, and proud to
      mode of employment in my district,                       the Speaker’s announced policy of Jan-                 call him my friend as well.
      there are a lot of things that always                    uary 4, 2005, the gentleman from Texas                   Since September 11, we have made
      come up. I can always count on hearing                   (Mr. BRADY) is recognized for 60 min-                  this Nation’s security and prosperity
      about taxation, the need for deregula-                   utes as the designee of the majority                   our number one priority. Halfway
      tion, the effects of illegal immigration,                leader.                                                around the world, we fight terrorism
      and health care.                                           Mr. BRADY of Texas. Mr. Speaker,                     and promote freedom with the strength
        Increasingly I am hearing from these                   for the United States to remain the                    of our military. In our own hemisphere,
      owners that they want Congress to                        greatest economic power in the world,                  we have several different weapons in
      open the way for more affordable                         it is no longer enough to simply buy                   the strength of our economy, our busi-
      health care choices. Last week in Roll                   American, we have to sell American.                    ness and our trade that will help to
      Call there was a great article talking                   We have to sell our American products                  guarantee our safety. We must utilize
      about association health plans, and I                    throughout the world, our products and                 these tools to prevent tyranny and evil
      am glad to see some attention is on                      services created by the most produc-                   from gaining power in our own back-
      that idea, and that legislation is going                 tive workforce on this planet.                         yard.
                                                                 But when our businesses and farmers                    For years, our Central American
      to come before the House.
        The gentleman from Texas (Mr. SAM                      try to compete, they discover that Eu-                 neighbors were torn apart by civil wars
      JOHNSON) really should be applauded                      rope and Asia have aggressively nego-                  that epitomized the global battle be-
      for introducing the Small Business                       tiated trade agreements with other                     tween good and evil. With our help
                                                               countries that tilt much of the world                  they have created stable and free gov-
      Health Fairness Act of 2005, which will
                                                               in their direction, leaving the U.S. and               ernments. However, that battle is far
      help our small businesses purchase as-
                                                               our companies and businesses and                       from won. There are those who would
      sociation health plans through na-
                                                               farmers at a severe disadvantage.                      like to reverse the progress that we
      tional trade groups. I have joined him
                                                                 That is unfair to American farmers,                  have made, and those who wish to use
      as a cosponsor of this important legis-
                                                               it is unfair to American businesses, and               the fragile state of our friends’ democ-
      lation because I believe we have a won-
                                                               it is especially unfair to American                    racies to attack our very existence.
      derful opportunity to extend affordable                                                                           In order to win the war on terror, we
      quality health care to millions of                       workers who can compete if given a
                                                               level playing field and other countries                must continue to guarantee the sta-
      Americans.                                                                                                      bility of democracy in our own hemi-
        Mr. Speaker, Republicans and this                      are held accountable to the same trade
                                                               rules.                                                 sphere. The citizens of this country
      leadership are fighting to help the en-                                                                         have entrusted us with their safety and
      gine of economic growth in this coun-                      Rather than build economic rules
                                                               around our Nation that only harm                       their well-being. They have asked us to
      try, our small businesses, helping them                                                                         represent their interests and to help in-
      gain access to the sort of health care                   American jobs, restrict what we can
                                                               buy, and raise prices on our families,                 crease their standard of living. Job cre-
      typically we only see provided by large                                                                         ation should not fall prey to politics.
      corporations.                                            we must use American muscle to se-
                                                                                                                      We need to rise above partisan politics
        Small businesses feel like their em-                   cure favorable trade agreements that
                                                                                                                      to work for the good of our country.
      ployees are family members. They                         tear down the ‘‘American need not
                                                                                                                        That is why this week my colleagues
      want the best for them. Every small-                     apply’’ signs that close off potential
                                                                                                                      and I in the United States Congress
      business owner knows that providing                      customers from our products.
                                                                                                                      will vote for legislation that will
      those employees with health care can                       In the coming days, the House of
                                                                                                                      strengthen our economy, our security,
      be costly, and it can be a difficult part                Representatives will give final consid-
                                                                                                                      and our way of life. The Dominican Re-
      of running a business. Costs are rising,                 eration to the Dominican Republic
                                                                                                                      public and Central American Free
      the paperwork never seems to end, and                    Central American Free Trade Agree-
                                                                                                                      Trade Agreement will help reinforce
      we have the power to help in this situa-                 ment, the most significant trade agree-
                                                                                                                      freedom and democracy throughout our
      tion. We have the power to provide a                     ment in a decade. It will open 44 mil-
                                                                                                                      entire region.
      vehicle for extending health care to                     lion new customers to American prod-                     When considering the benefits of
      millions of Americans. This does not                     ucts, help America win the textile war                 CAFTA, we must consider the pitfalls
      require a big government program. It                     against China, and honor America’s                     of not passing it. With the improve-
      will not require spending billions of                    commitment to democracy, freedom                       ment of our economic relationship with
      taxpayer dollars. It is common sense.                    and human rights in our hemisphere.                    Central America, we will see an im-
      It is providing an opportunity.                            With me tonight are a number of                      provement in our security relationship.
        The Small Business Health Fairness                     Members of Congress who have exam-                       Recently I met with Secretary of De-
      Act has the potential to be very effec-                  ined this trade agreement and feel                     fense Donald Rumsfeld at the Pen-
      tive, to be pro-health care, to be a                     strongly about it from the standpoint                  tagon, and he made it clear to me that
      great effort for our communities across                  of national security and jobs and agri-                this trade agreement is crucial to our
      the Nation. The bill is going to reduce                  culture. Joining us tonight is the gen-                national security. We are currently en-
      costs for entrepreneurs and their em-                    tleman from Texas (Mr. MCCAUL), the                    gaged in a war on terror on the other
      ployees by letting small businesses                      gentleman       from    Colorado    (Mr.               side of the world, while there are al-
      band together to pool their purchase                     BEAUPREZ), the gentleman from Texas                    ready terrorists who are using Central
      power, to work cooperatively and to di-                  (Mr. CARTER), the gentleman from                       America as a base of operations against
      lute the risk to the insurers. It will                   Texas (Mr. CONAWAY) and the gen-                       the United States. This trade agree-
      lower premiums, and we believe it will                   tleman from California (Mr. HERGER),                   ment is not only good for our economy,
      give millions of uninsured Americans                     chairman of the Subcommittee on                        it is also vital to our national security
      the access they want to quality health                   Oversight of the Committee on Ways                     by stabilizing Central American de-
      care.                                                    and Means.                                             mocracies.
        We have debated this issue for years                     Mr. Speaker, I yield to the gentleman
      on end, and it is time for action. It is                 from Texas (Mr. MCCAUL), who spent a                                  b 2045
      time to listen to America’s small busi-                  decade with the Department of Justice,                   In addition to international ter-
      nesses and to their employees. I want                    the last 4 years as the deputy attorney                rorism, we must also mind the rising



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      H6418                                              CONGRESSIONAL RECORD — HOUSE                                                          July 25, 2005
      threat of China’s global influence. If                   ports to the region expected to gain                   give that region back to the Com-
      the United States does not adopt                         significantly from CAFTA include feed                  munists and Socialists at a time when
      CAFTA, we will see China take our                        grains, wheat, soybeans, poultry, pork                 they have made so much progress.
      place as Central America’s biggest and                   and beef. That is why the American                       Mr. MCCAUL of Texas. We cannot af-
      most important trading partner. This                     and the Texas Farm Bureau support                      ford to turn the clock back, as the gen-
      would mean an increase in America’s                      CAFTA.                                                 tleman mentioned. We won that war 25
      trade deficit with nations all over the                    On the issue of technology and busi-                 years ago, but now we see instability in
      world and make the United States a                       ness, this agreement creates huge po-                  the region. We see President Chavez
      secondary economic power. Twenty                         tential profits for our technology in-                 down in Venezuela aligning himself
      years ago we helped Central America                      dustry. CAFTA holds the promise of                     with people like Fidel Castro, asking
      fight a war against Communist forces,                    new opportunities and expanded mar-                    Iran for nuclear technology. We have a
      and now China is trying to reassert its                  kets for a wide array of U.S. high-tech                triborder region down in South Amer-
      influence within our own hemisphere.                     merchandise, exporters, manufactur-                    ica where al Qaeda and groups like
      We will not allow this to happen. This                   ers, service providers and their employ-               Hezbollah meet and discuss their ac-
      trade agreement keeps America ahead                      ees. Total U.S. high-tech exports to                   tivities. The threat is very real. It is no
      of China and will increase America’s fi-                 Central America in 2003 totaled nearly                 surprise that Fidel Castro and Presi-
      nancial security. Through CAFTA,                         $2.5 billion. From Dell to Samsung to                  dent Chavez oppose CAFTA because
      Central America should continue to see                   Applied Materials to Hewlett Packard,                  they know that there is nothing better
      the U.S. as its main trading partner in-                 the high-tech industry in Texas and                    for us and for Central America in
      stead of Communist China.                                the United States will benefit greatly                 spreading democracy than for CAFTA
         And on the issue of immigration, by                   from this trade agreement. And as the                  to get passed. That is why President
      passing CAFTA and helping people to                      standard of living improves in these                   Hugo Chavez has actually sent money
      create a better life in Central America,                 countries, the demand for more ad-                     to legislators in Nicaragua to actually
      the citizens of those countries will be                  vanced technology will grow with it.                   oppose CAFTA in their country.
      motivated to work, to prosper, and,                        In conclusion, it is essential that we                 Mr. BRADY of Texas. My under-
      most importantly, to stay in their own                   pass CAFTA. Along with President                       standing, too, is we are seeing letters
      countries. Working with America, their                   Bush, I believe this trade agreement                   from legislators down in Central Amer-
      standards of living will increase. Ulti-                 will mean increased safety and security                ica who are being financed by our So-
      mately my home State of Texas and                        for our Nation. With their own nations                 cialists down there who say they are
      the rest of the Nation will spend less                   seeing prosperity, Central Americans                   opposing it on the merits, but in fact
      time and money combating the prob-                       will have less reason to illegally cross               they are getting a nudge from the en-
      lem of illegal immigration. This is                      U.S. borders looking for better oppor-                 emies of freedom to do so.
      really, in my view, the long-term solu-                  tunities in our country. America’s                       Mr. MCCAUL of Texas. I think if we
      tion to our immigration problem.                         farmers and businesses will find new                   fail to pass it, we will give the enemies
         CAFTA will also level the playing                     and easier ways to export their goods                  of freedom a victory. That is a victory
      field. CAFTA represents the comple-                      and services to the tune of billions of                we cannot afford to turn over. This is
      tion of our trade relationship, not just                 new dollars. For the average American,                 the first of many trade agreements. If
      the beginning of one. Through unilat-                    CAFTA will mean a cost savings at the                  this does not pass, it takes away, in my
      eral preference programs already ap-                     grocery store. And for the entire West-                view, a lot of credibility on the part of
      proved by Congress, nearly 80 percent                    ern Hemisphere, this trade agreement                   the administration when it goes to
      of CAFTA imports and 99 percent of                       will spread and strengthen democracy,                  other countries and tries to broker
      CAFTA ag products already enter the                      peace and freedom.                                     agreements. In the defeat of com-
      United States duty free. CAFTA will                        CAFTA has support, wide and deep,                    munism, socialism, and the spread of
      make this one-way road a two-way su-                     from many groups, but it is important                  freedom and democracy, that is why I
      perhighway by giving our agriculture                     to note tonight those who oppose                       am here tonight. That is why I ran for
      and industrial goods and services ac-                    CAFTA. CAFTA is opposed by Marxist                     Congress, and that is why it is so im-
      cess to their markets. We will level the                 leftists and terrorist leaders such as                 portant that this Congress pass this
      playing field by eliminating high tar-                   Fidel Castro and Hugo Chavez. In addi-                 important piece of legislation.
      iffs, tariff rate quotas and nontariff                   tion, this vote is being watched care-                   Mr. BRADY of Texas. I thank the
      barriers. My home State of Texas will                    fully by Iran, North Korea and China,                  gentleman from Texas for his commit-
      be one of the top three States to ben-                   who all stand to gain by the failure of                ment to law enforcement and homeland
      efit by enacting this trade agreement.                   this vote, a vote we cannot afford to                  security in our hemisphere.
         On the issue of new jobs, CAFTA                       lose.                                                    Mr. MCCAUL of Texas. I thank the
      countries, which include the Domini-                       Mr. BRADY of Texas. If the gen-                      gentleman as well.
      can Republic, Costa Rica, El Salvador,                   tleman would stay for just a moment.                     Mr. BRADY of Texas. Mr. Speaker, I
      Guatemala, Honduras and Nicaragua,                       You have spent your whole life in law                  would like to turn now to a gentleman
      are the United States’ largest market                    enforcement and a number of your re-                   from Colorado who has a wonderful
      for domestic apparel and yarn exports                    cent years in protecting homeland se-                  background. He is a farmer. He is a
      and the second largest market for U.S.                   curity from threats. One of the key                    rancher. He is a community banker. In
      fabric exports. Trade with these coun-                   points you made is that while we are                   recent years he has served as an out-
      tries exceeds trade with countries like                  fighting a war against terrorism in                    standing member of the Ways and
      Australia and Russia. This deal is crit-                 Iraq and Afghanistan with our men and                  Means Committee. I yield to a good
      ical to sustain and expand existing                      women, the fact is we fought a war, as                 friend, a good colleague from the great
      partnerships to give CAFTA goods a                       well, 20 years ago in Central America,                 State of Colorado, BOB BEAUPREZ.
      competitive edge, particularly with the                  moving those countries away from                         Mr. BEAUPREZ. I thank the gen-
      elimination of global quotas and in-                     communism and socialism toward de-                     tleman for yielding. He likewise is a
      creased competition from Asia. This                      mocracy.     They    have   made     real              very good friend.
      trade agreement will help support ap-                    progress, but we still have leaders like                 I want to applaud, first of all, your
      proximately 400,000 jobs in Central                      Castro and Chavez and Daniel Ortega                    leadership. I know many of us in the
      America and the Dominican Republic                       and FMLM, some of the most Socialist                   House have worked on the passage of
      and 700,000 workers in the United                        anti-American groups in this hemi-                     CAFTA, but I do not know that any-
      States in cotton, yarn, textile and                      sphere opposing us because their point                 body has worked harder, longer, more
      other apparel sectors.                                   is democracy does not work, human                      diligently and more successfully than
         On the issue of agriculture, Amer-                    rights does not work, the rule of law                  the gentleman from Texas. I am con-
      ica’s farmers are also expected to see                   does not work. Communist does. Come,                   fident later this week we will not only
      increases in the needs from Central                      step backward in time.                                 take up CAFTA, but we are going to
      America for their crops and livestock.                     One of my colleague’s points was the                 pass CAFTA. We will pass it, I think,
      Some of the most important U.S. ex-                      worst thing we could do would be to                    in a bipartisan fashion. I fully believe



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                               H6419
      and hope and expect that a number of                     From my State, just like your State of                 better but do not have anyone to sell it
      our colleagues from the Democrat side                    Texas, a lot of that is agricultural                   to, the price just goes down. We want
      of the aisle of this great Chamber will                  products. A lot of it, too, is manufac-                those ‘‘American need not apply’’ signs
      join with us.                                            tured goods, in the high-tech sector,                  to be torn up all throughout this world,
         I want to stay on the point that the                  plastic molds. We are sending a lot of                 give our ag community a chance to
      gentleman from Texas (Mr. MCCAUL)                        stuff down there. These are developing                 compete. Watch what we will sell
      and you were just dialoguing about                       nations, meaning that in future years                  around the world.
      just a moment ago, this issue of na-                     it will be more that we will be sending                  And we ought to start with Central
      tional security. I think you will recall                 them. It only makes sense that some-                   America, a neighbor, a proven neigh-
      that we had the opportunity, we in our                   body around this globe is going to meet                bor, who cannot only buy our goods
      Ways and Means Committee, to sit                         the needs of those people. I want that                 and services but is easy to ship to and
      with the six economic ministers of                       somebody to be American farmers and                    in the process we are going to continue
      these member nations. All of them just                   ranchers and laborers and small                        to help those six countries into strong-
      volunteered to us that they have got a                   businesspeople.                                        er democracies, a stronger rule of law.
      long way to go. They are not the                           I was a community banker. A lot of                   It is truly a win-win situation.
      United States of America yet. These                      my bank customers were in the busi-                      I appreciate the gentleman’s leader-
      are developing, fledgling democracies.                   ness of making stuff, all kinds of stuff,              ship. As a business person, the gen-
      But you were just making the point                       stuff you could not even imagine that                  tleman from Colorado (Mr. BEAUPREZ)
      that 20 years ago, what was in the news                  somebody is really out there making                    knows what small businesses and small
      day after day? El Salvador, Honduras,                    that. But they are all anxious for a big-              farmers and small communities have
      Nicaragua were hotbeds of com-                           ger market. We have got a bigger mar-                  to go through to compete, and giving
      munism. Today we would be calling it                     ket right on our southern border. They                 them a level playing field is good for
      terrorism; anti-American hatred right                    are begging us to give them a chance to                Colorado and good for America as well.
      on our southern border. Who would                        do business with the United States of                    With that, Mr. Speaker, I would like
      think that less than a generation later,                 America. Why? Because they know                        to yield to the gentleman from Texas
      economic ministers from these now de-                    that by doing business with us, that is                (Mr. CARTER), who served, before com-
      veloping democratic nations would be                     the quickest way to emulate us, to be                  ing to Congress, as a district judge for
      sitting with us, Members of the United                   like us, to be a free, open society. That              more than 2 decades. And his back-
      States Congress, saying, please help us.                 is what they want to become, both po-                  ground is just filled with decades of
         Someone is going to be the political                  litically and economically. How can we                 common sense. He did a great job on
      and economic mentors of these devel-                     as the United States of America, the                   the bench in Texas. Here in Wash-
      oping nations that are our next-door                     greatest Nation ever on God’s green                    ington he has been intent not only on
      neighbors. I think that someone ought                    Earth, deny that kind of hope, that                    national security, supporting our
      to be the United States of America, not                  kind of opportunity to our neighbors                   troops, but also in serving on his com-
      people like Hugo Chavez, not Fidel Cas-                  and friends and at the same time help                  mittee, finding ways to help our Amer-
      tro, not the anti-American freedom                       our own citizens, the workers right                    ican economy grow.
      haters around the globe who would love                   here in the United States?                               Mr. Speaker, I yield to the gentleman
      to have a foothold on our southern bor-                    I will just close and yield back to the              from Texas (Mr. CARTER).
      der.                                                     gentleman here in a moment by saying                     Mr. CARTER. Mr. Speaker, I thank
         This is a critical agreement for us in                that when I get up in the morning, I                   the gentleman from Texas (Mr. BRADY),
      the United States of America. I think                    like to be about building up, not tear-                who clearly has been in the lead and is
      sometimes that we get up in the morn-                    ing down. I think the CAFTA agree-                     outspoken for the CAFTA-Dominican
      ing, and often it is easier to find a rea-               ment is very much one that builds up.                  Republic project, for yielding to me.
      son to not do something; everything                      It builds up opportunity for the United                  This is critical not only to the Cen-
      from the simple not getting out of bed                   States of America and United States                    tral America region but to the United
      on time or not getting out of bed at all,                workers, but it also does the right                    States of America. We are opening up
      not going to work in the morning, not                    thing that we as Americans, compas-                    trade so that our products get sold in
      rolling up your sleeves and putting in a                 sionate people, know we have an obli-                  Central America without duties on our
      good, hard day’s work, or maybe not                      gation to do around the globe, and that                products.
      taking on a real significant challenge.                  is help people that are reaching out a                   The Central American countries have
      Certainly anybody in this great Cham-                    hand to us.                                            the opportunity to sell in our country,
      ber can look through this document if                      With that, I will say, let us pass                   and they do not have a burden on their
      they want to go looking for some rea-                    CAFTA later this week. I applaud you                   products up here. And, in fact, we are
      son to say no.                                           for your leadership. Thank you for let-                their number one trading partner. The
         But I am saying yes. I join the gen-                  ting me be part of your Special Order                  expansion, the benefit that we see is
      tleman from Texas (Mr. BRADY) in say-                    tonight.                                               what is going to happen to our folks.
      ing yes because this is the right thing                    Mr. BRADY of Texas. Mr. Speaker, I                     Whenever I look at one of these
      to do. It is the right thing to do be-                   appreciate the gentleman from Colo-                    things that are coming up in Congress,
      cause neighbors help neighbors, and it                   rado’s leadership. The key point, many                 I try to take a look at my district and
      is not just one way. It is not about us                  of them that he made, was that Amer-                   see who is in my district and try to
      just helping these six developing na-                    ica’s agricultural community is so                     learn and study and figure out who is
      tions. It is about the United States of                  strongly behind this trade agreement.                  going to get helped by these things.
      America and American workers.                            There are nearly 70 ag associations                    And it was easy to see how the high-
         I used to be, as the gentleman point-                 around America who are supporting                      tech industry with Dell Computer, one
      ed out, in the cattle business. We ex-                   this. In fact, the American Farm Bu-                   of our great neighbors in Williamson
      ported cattle all around the world.                      reau Federation believes that we will                  County, it was easy to see what is
      Nothing would make me happier to                         sell almost $1.5 billion more ag prod-                 going to happen there. But I look fur-
      wake up some morning and suddenly                        ucts each year to Central America.                     ther down to that dairy farmer in
      find out that the United States Con-                     That is our beef, that is our chicken,                 Stephenville, Texas, in Erath County.
      gress and our President had just adopt-                  that is our pork, our corn, our milk,                  This is not a little dairy farm oper-
      ed an agreement with some foreign na-                    our potatoes, you name it, at a time                   ation in Erath County. We are talking
      tions that immediately, immediately                      when a lot of the world is closed to                   about one of the most important parts
      made my product, my cattle, more                         America’s ag products.                                 of the agriculture industry in Texas.
      competitive to these nations. That is                                                                           The area in my district produces over
      what happens in this agreement. The                                     b 2100                                  $40 million to the Texas economy every
      day it is signed, $1 billion a year of tar-                We have got the most productive ag                   year in milk and dairy product produc-
      iff goes away on our goods, our serv-                    community in the world; but if we keep                 tion. And under the CAFTA agreement,
      ices, the products we send down there.                   making things cheaper and faster and                   doors are going to open to them that



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      H6420                                              CONGRESSIONAL RECORD — HOUSE                                                         July 25, 2005
      are going to allow them to sell their                    tega still walks the streets down there.                 Mr. BRADY of Texas. Mr. Speaker,
      dairy products in Central America.                       But what is he walking the streets with                reclaiming my time, the gentleman
        Right now they face duties of be-                      now? He is walking the streets with an                 made excellent points tonight in that
      tween 60 percent and the World Trade                     offer from Hugo Chavez of up to an un-                 we need the customers in Central
      Organization allows up to 100 percent                    believable number, $1 billion, to turn                 America for our American Texas ag
      of tariffs that can be assessed against                  Central America back to the Marxist                    and small business communities. And
      our products. With the opening of                        cause he and Fidel Castro believe in so                for national security, this is exactly
      CAFTA, we are going to be able to open                   firmly. He is one of the great threats to              the wrong time to turn our backs on
      up tariff rate quotas the first year                     the world right now. He is a communist                 Central America.
      starting at 10,000 metric tons across                    with money, and he is spreading it                       One of the other points he made is
      the six countries, and this will expand                  around. He takes his oil money from                    deals with China, and the fact of the
      as the CAFTA agreement goes forward.                     Venezuela and is threatening to spread                 matter is he talked to that gentleman
      The TRQs will grow by 5 percent a year                   it around because he wants to make                     who said we can survive China.
      for Central American countries and 10                    sure that the Marxist communist gov-                     Since January 1 around the world, of
      percent a year for the Dominican Re-                     ernment dominates Central America.                     course, all the quotas went off; so any-
      public until we have got a good access                     And their only hope is to show how                   one can import any of the apparel, the
      to the market, and it is going to be an                  capitalist free trade works. And that is               clothes we wear, the towels we use, and
      outstanding source of sales for our                      what CAFTA is all about, and that is                   China has just swamped the world, in-
      milk and milk-related products that                      what they said. They said, This is                     cluding the U.S. And some people say,
      come right from my district.                             going to get great support down here.                  well, let us just give up; China is just
        When I look at that, I see the benefit                 These people, if they can get their mar-               going to win. But that gentleman’s
      there. I have had, fortunately, in the                   kets open, they can get the capital in-                point is exactly right. If America part-
      recent past, within the last 3 months,                   vestment they need to grow.                            ners up with Central America, we grow
      the good fortune of going down with                        One of the merchants down there I                    the cotton in Texas, which is why the
      the Foreign Operations, Export Financ-                   was talking to said, You know what? I                  Texas Cotton Council supports this.
      ing, and Related Programs Sub-                           do not know why you think you have                     How we can do the fabric and yarn in
      committee to Nicaragua and Honduras.                     got to ship your cloth to China and                    American textile plants with American
      And we went down there not on the                        make your shirts and pants and stuff in                workers, send it down to Central Amer-
      issue of CAFTA. We went down there                       China. We have a history of making                     ica. They cut it, sew it, put it together,
      on other issues, to look at areas where                  that stuff for you. Let us break down                  and send it back.
      our foreign aid is being used very pro-                  these barriers between our countries.                    So today what is interesting is that
      ductively in those countries. And I was                  Let us make those things, and you will                 if the gentleman from Texas (Mr.
      able to talk one on one with folks like                  not have to put it in big containers and               CARTER) and I go to a store down here
      farmers and small businessmen and                        ship it across the Pacific Ocean. We                   and buy a shirt that says ‘‘Made in
      politicians that are down there in Nica-                 can make it just as economically and                   Honduras,’’ about 70 to 80 percent of
      ragua and Honduras.                                      just as profitably for American compa-                 that shirt is made right here in Amer-
        First, let me tell the Members that                    nies as they can in China, and we can                  ica. But if at the same store we pick up
      when we see that country and see what                    put it on a train and ship it up into                  one that says ‘‘Made in China,’’ there
      really great potential there is in Nica-                 Texas and spread it across the Nation.                 may be, may be 1 percent of American
      ragua and Honduras, what resources                         That just makes sense to me. That is                 content there.
      are available, there are plenty of                       just good common sense, and CAFTA is                     And the fact of the matter is if we
      cattlemen who would love to have                         good common sense when we get down                     partner up with American agriculture,
      about half of Nicaragua to run cattle                    to it. It meets many requirements that                 with American workers in textiles,
      on in Texas. With underground water                      we have.                                               which is why so many of the textile in-
      less than four meters under the ground,                    First and foremost, we help our                      dustry is supporting this, partner up
      I know a lot of cowmen from my part                      neighbors. And where the gentleman                     with Central America, we can survive.
      of the State that would love to be able                  from Texas (Mr. BRADY) and I come                      We can beat China in the textile areas.
      to have some irrigated grass farms                       from, and as for most of the folks in                  We can save jobs in America and save
      down there in Nicaragua. Beautiful                       this country, but certainly in Texas,                  jobs in Central America.
      cattle country.                                          number one is taking care of our neigh-                  And my understanding is just since
        Cheap sources of power are available                   bors because we are kind of out in big                 January 1, Central America has al-
      in that area because they have the                       spaces and, sometimes if we will not                   ready lost 28,000 textile jobs to the Chi-
      ability to create geothermal elec-                       take care of our neighbors, they might                 nese. We know where some of those
      tricity. They have a lot of potential in                 be the only people we will get a chance                folks might be headed to find jobs. And
      Central America. But when we talked                      to visit with.                                         the fact of the matter is, I think, from
      to those folks, they said, Look, it is all                 So we need to take care of those                     an immigration standpoint, Central
      about CAFTA. The future of our coun-                     neighbors. We need to prevent an                       America wants to keep its best and
      try is all about CAFTA.                                  enemy, a cancer, from growing in Cen-                  brightest and hard-working at home. If
        Let us take Nicaragua. We had a                        tral America that we will wake up one                  we partner up, not only do we save
      whole bunch of trouble with the Sandi-                   day and find it is growing right across                American jobs, we save Central Amer-
      nistas in Nicaragua. And as has been                     the Rio Grande. And this agreement is                  ican jobs and help preserve our immi-
      said before here, about 20 years ago we                  part of stopping that cancer. And those                gration and borders in the process. I
      had a pretty good fight down there.                      people down there say without CAFTA,                   think the gentleman made a wonderful
      And for a while the Sandinistas ran the                  without a chance for a level playing                   point to that extent.
      country and ran it absolutely into the                   field in Central America, what is going                  Mr. CARTER. Absolutely, Mr. Speak-
      ground. And people who opposed the                       to happen to us is the Marxists will                   er. And if the gentleman will continue
      Sandinistas, it is not like political par-               rise up and we will either be killed or                to yield, these are our neighbors. These
      ties here where we will bicker with our                  run out of the country. Those countries                are the people in the Americas. They
      opponents and we will talk, but then                     will never survive with this type of                   are part of America. They are Central
      we all go back and let somebody re-                      quality people leaving the country.                    American. And they know the Chinese
      elect us. If one loses to the Sandi-                       And then, finally, it is a benefit to                are breathing down their necks too,
      nistas, they had better get out of the                   our industry and to our people. It is a                and they are very concerned about
      country because these people who were                    win-win-win, and for that reason I                     that, just as the gentleman pointed
      against the Sandinistas had to flee or                   think Republicans and Democrats are                    out.
      die.                                                     going to join together this week in this                 This is a win for the United States. It
        Today in Nicaragua, underlying like                    House and pass the CAFTA agreement,                    is a benefit to a neighbor that needs to
      a cancer lying beneath the surface, is                   pass the free trade agreement. It is im-               be boosted up politically because when
      the Sandinista Party; and Daniel Or-                     portant to America.                                    Chavez gets in there and spreads his



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6421
      money around, it could be disastrous.                    the standards are, no matter how bad                   cloth that came from the United
      So the gentleman is right. It is a win                   the pay or the working conditions, if I                States. It does not take a rocket sci-
      for us. It is a win for our farmers, our                 have a job, I will take that job and                   entist to know that is not real good for
      textile manufacturers, and others.                       take whatever money is available to                    Texas cotton farmers.
      They can do assembly work. They have                     me, and I will feed my family as best I                  So this idea of creating this agree-
      got a lot of skilled labor available in                  can, and then I will work to try to im-                ment, it does improve labor standards,
      Nicaragua and Honduras. They are                         prove those conditions. But while that                 it enforces labor standards, but it also
      wonderful people, just as gentle and                     is going on, I at least have a job that I              helps keep in place this Caribbean
      kind a bunch of people as I have ever                    can make some money at; maybe not                      Basin Initiative which creates a sym-
      been around. They will be good folks to                  as much money as some would like me                    biotic relationship with these countries
      work with. We need what they have to                     to make or I would like to make, but I                 in Central America. My colleague has
      offer, and they need what we have to                     will be able to continue to work and                   already said that there is clear evi-
      offer. It is a good trade. And we always                 feed my family while those conditions                  dence that if these jobs do not stay in
      say when we walk away from the day                       are being addressed.                                   Central America, they are not coming
      having made a good trade, we feel like                      Under CAFTA, we have negotiated                     back to America. As harsh as that is
      it has been a pretty good day. Well, I                   the strongest labor protection and                     for our good colleagues in North Caro-
      think we can walk away from this day                     labor improvement agreements of any                    lina and Virginia and other places to
      and feel like we made a pretty good                      of our trade agreements, and going for-                talk about, having lost those jobs,
      trade.                                                   ward. The signatories to this agree-                   those jobs, cutting and sewing and
        Mr. BRADY of Texas. Mr. Speaker,                       ment have agreed that if we sign this                  weaving and looming jobs, they are not
      reclaiming my time, I appreciate the                     CAFTA agreement, that they are com-                    coming back to America. We cannot
      leadership of the gentleman from                         mitted to enforce those standards;                     compete in that arena anymore. Those
      Texas on national security and on our                    which has always been one of the issues                jobs are going to China, those jobs are
      Armed Forces and today in support of                     with trade agreements is that we will                  going to Thailand or the Philippines. If
      our American Texas farmers and busi-                     put these agreements in place. But, the                they go there, they are not going to be
      nesses as we partner up with Central                     other side, the leadership of those                    using American input as that work is
      America, and I appreciate the gen-                       countries will not enforce those agree-                done on those clothes that are shipped
      tleman very much.                                        ments the way they are supposed to.                    back to Americans to purchase.
        Mr. CARTER. Mr. Speaker, I thank                       Those commitments in enforcing labor                     Let me give an example. I heard re-
      the gentleman for yielding to me.                        standards, improving labor conditions                  cently, earlier today, about the impact
        Mr. BRADY of Texas. Mr. Speaker,                       and wages in those countries, those                    that tariffs have on American con-
      we have another gentleman from                           commitments simply evaporate if we                     sumers, or actually American manufac-
      Texas, who, like the previous one, has                   do not sign this CAFTA agreement.                      turers. All of us would agree that the
      experience that relates directly to cre-                    In addition to that, the administra-                manufacture of airplanes is a manufac-
      ating jobs. He has been a small busi-                    tion has pledged $610 million over the                 turing job that we want to keep in
      ness person for more than 32 years, is                   next 4 years to improve enforcement,                   America. Now, we can argue about
      an accountant and a small business                       to improve economic assistance to the                  some of the lower-end manufacturing
      owner in west Texas. He understands                      rural areas, and most of these coun-                   jobs may go places, but no one would
      that America needs to be able to sell                    tries would qualify as rural, to help                  argue about outsourcing the manufac-
      its products around the world, that                      build that capacity, and to help these                 ture of an airplane. Last year, Cessna,
      Central America can sell them to the                     countries put in place the enforcement                 based out of Kansas, lost $43 million in
      United States today and they have for                    processes that will raise labor stand-                 a competitive bid to Embraer, which is
      20 years. Now it is our turn to sell into                ards, that will raise wages, and enforce               based out of Brazil, for sales into these
      that growing market.                                     this agreement, and that has to be a                   countries. Now, the reason they lost it,
        With that, Mr. Speaker, I yield to the
                                                               better circumstance than those folks                   one of the reasons they lost it, there is
      gentleman from Texas (Mr. CONAWAY).
                                                               being unemployed.                                      a 15 percent tariff on Cessna airplanes
        Mr. CONAWAY. Mr. Speaker, I thank
                                                                  We have had in place what is called                 that are made in America and sold into
      the gentleman from Houston, Texas for
                                                               the Caribbean Basin Initiative; it dates               these countries. Embraer does not have
      yielding to me and for hosting this
                                                               back to the 1980s. With that agreement                 that same tariff. Brazil has already ini-
      hour tonight. And in addition to all of
                                                               we created basically a symbiotic rela-                 tiated or already negotiated a bilateral
      his other great attributes, he is one of
                                                               tionship between agriculture interests                 agreement that dropped that tariff. So
      the all-time best second basemen to
                                                               in this country and jobs in Central                    head-to-head competition, if it is just
      play for the Republicans in the annual
                                                               America. What happens is, as my col-                   on price, and I have a 15 percent com-
      baseball game.
                                                               league already mentioned, when you                     petitive advantage against anybody
                        b 2115                                 buy a shirt that says it is made in Hon-               else, I want to use some of that 15 per-
        Mr. Speaker, many of the points have                   duras or made in Costa Rica or Nica-                   cent to make sure I win the bid. And
      been made tonight, and I would like to                   ragua, 60 percent of the inputs into                   that is $43 million worth of airplanes
      continue with some of those, one of                      those shirts, those garments, come                     that would have been manufactured in
      which is labor standards. We have an                     from the United States. Well, in west                  Kansas or in America that instead were
      awful lot of criticism of the CAFTA                      Texas that input is another word for                   manufactured in Brazil; somewhere
      agreement based on labor standards.                      cotton, because we grow and harvest a                  else.
      The other side seems to take the posi-                   lot of cotton. It is far better for our                  Our colleagues on the other side talk
      tion that a trade agreement can be                       cotton farmers to be able to sell that                 about the 44 million customers in these
      used to cure labor issues and labor ills                 cotton into Central America and have                   countries not being able to afford our
      in a country that would, in effect,                      it spun into thread and woven into                     high-end merchandise. Well, it prob-
      bring their labor standards and their                    clothes, garments, and cut and sewn                    ably makes for good rhetoric and sound
      labor conduct up to that of the United                   and brought back to this country and                   bites, but if you really think about
      States. I think that is really mis-                      sold to consumers in America than it is                that, it really does not have much of a
      placed. In addition, the argument                        if we have to try to figure out a way to               place in this argument. Quite frankly,
      seems to be that if the labor standards                  sell that cotton to China. Because if                  I cannot afford all of the high-end mer-
      or the labor conditions or the pay                       that shirt that you are wearing, and I                 chandise that is manufactured in the
      wages or whatever is going on, it seems                  would challenge my colleagues when                     United States, so to say that somebody
      that if a fellow is out of a job, he is in               they get home tonight to take their                    in Central America cannot afford a
      a better position to, in effect, change                  shirts off, take their clothes off and                 Cadillac or something like that, and
      or make improvements to those condi-                     look for that label. It says, made some-               that is a reason to not pass CAFTA, is
      tions than if he has a job.                              place, and find out where it was made.                 certainly misplaced in the extreme.
        Well, I think that is really wrong-                    If that label says ‘‘Made in China,’’ less               We have also talked about immigra-
      headed. I think that no matter how bad                   than 1 percent of the input into that                  tion and that impact. Let me say it the



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      H6422                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      way I typically say it, some of the                        It makes great economic sense, at a                  In May 2000, I joined 308 of our 435 col-
      other colleagues have already talked                     time when America needs more cus-                      leagues in the House to lower or elimi-
      about it, is that everywhere I go in Dis-                tomers, to strengthen the ties with the                nate tariffs on products entering the
      trict 11 and talk to folks, they are con-                customer in our backyard that is the                   U.S. from CAFTA nations. At the time
      cerned about border security. In my                      tenth largest, and growing every day.                  there was no reciprocal treatment. In
      mind, you cannot separate border secu-                   My colleagues know how important it                    other words, the U.S. products would
      rity and immigration reform. We have                     is. There is a reason why Europe and                   continue to face high tariffs and other
      to protect our borders; we need to                       Asia and China are trying to get trade                 barriers to entry in CAFTA nation
      know who is coming into this country.                    agreements with Central America, be-                   markets. The CAFTA-ratifying agree-
        One of the long-term best interests of                 cause they want to sell their products                 ment soon to come before us will im-
      the United States is for opportunities                   there. But it is time for us, it is our                mediately zero out tariffs on 50 percent
      in Mexico and, as this phrase is used,                   turn to sell there, and I appreciate the               of U.S. agricultural products exported
      OTMs, other than Mexicans, for coun-                     leadership of the gentleman from                       to the region, with the remaining
      tries, for opportunities to be created in                Texas (Mr. CONAWAY) on this issue.                     schedule to be eliminated in 10 years.
      those countries, because that is who is                    Mr. Speaker, let me conclude myself,                 The American Farm Bureau estimates
      coming to America. It is not just Mexi-                  but before we do that, I want to turn to               that this could mean an increase in
      cans, but it is OTMs, other than Mexi-                   the chairman of the Subcommittee on                    U.S. agricultural exports of $1.5 billion
      cans, percolating up through Mexico                      Oversight in the House Committee on                    per year.
      and coming into this country. CAFTA                      Ways and Means, the gentleman from                       In California, exports of farm prod-
      will help keep jobs in Central America.                  California (Mr. HERGER). He has been                   ucts help boost both farm prices and
      If somebody has a job in Central Amer-                   looking for ways to strengthen democ-                  income generated in the agricultural
      ica, they are going to be less likely to                 racy around the world for many years.                  sector. Taken together with jobs, both
      want to try to percolate up through                      He is a big supporter of finding new                   on and off the farm, agriculture em-
      Mexico and come into the United                          customers for California’s products. In
      States.                                                                                                         ploys in California alone 129,560 work-
                                                               fact, California is the largest agri-                  ers, including food processing, storage,
        So I thank my good friend who has                      culture State in America. And he has
      hosted this hour tonight. I am sup-                                                                             and transportation. Agriculture ex-
                                                               also here in America helped to rewrite                 ports account for roughly $8.2 billion,
      porting CAFTA, I am voting for                           our welfare laws, so he understands
      CAFTA. There are a lot of reasons; we                                                                           or about 30 percent of the total export
                                                               what it means to get people back to                    product of California.
      have heard them on national security                     work.
      and immigration and trade. All of                          Mr. Speaker, I yield to the gentleman                                 b 2130
      these are good reasons why we should                     from California (Mr. HERGER).                            CAFTA implementation would in-
      support CAFTA, and I would encourage                       Mr. HERGER. Mr. Speaker, I thank                     crease those exports. As the Nation’s
      my colleagues across the aisle and on                    the gentleman from Texas (Mr. BRADY)                   largest producer and exporter of dairy
      our side of the aisle to vote for CAFTA.                 for his leadership on this incredibly                  products, with cash receipts of over $4
      Let us put this trade agreement in                       crucial issue of trade.                                billion, California dairy producers
      place. Let us take advantage of the op-                    As the gentleman mentioned, Cali-                    would benefit greatly from reductions
      portunities for dropping the tariffs                     fornia is the richest agricultural State               of the current duties imposed in
      that our manufacturers currently face                    in the Nation; actually, the richest ag-               CAFTA countries, which can be as high
      like Cessna in selling and trying to op-                 ricultural area in the world. The Impe-                as 60 percent.
      erate in these Central American coun-                    rial Valley, the San Joaquin Valley,                     As our Nation’s leading exporter of
      tries.                                                   the Sacramento Valley, which is part
        Mr. BRADY of Texas. Mr. Speaker, I                                                                            fruits, California fruit producers too
                                                               of what I represent, north of Sac-                     would benefit from CAFTA passage.
      appreciate the leadership of the gen-                    ramento, and more than 250 different
      tleman from Texas. Several of the                                                                               Grapes, for example, are the State’s
                                                               major commodities come from Cali-                      third largest source of farm cash re-
      points he made, such as the fact that                    fornia. Again, I thank the gentleman
      Central America already sells in the                                                                            ceipts. Current duties on grapes can
                                                               for his active role in getting the facts
      United States, and now is the chance                                                                            reach 20 percent in some CAFTA coun-
                                                               out, the truth out about trade.
      for us to sell our products to those 44                    We are the largest trading Nation in                 tries and could grow as high as 135 per-
      million new customers, and that is                       the world, bar none other. And in the                  cent under WTO rules.
      critical.                                                United States we have very low, and                      Producers and processors would ben-
        Mr. Speaker, I see people who make                     many times almost nonexistent, bar-                    efit from the immediate elimination of
      fun of Central America and say they                      riers for other countries to be able to                duties on grapes and raisins in all
      are too poor and too backward, not                       trade to the United States. Yet we see                 CAFTA nations. California peaches
      worthy, I guess, of trading with the                     very major trading barriers to other                   grown in my district, a nearly $250 mil-
      United States, and they could not be                     countries. So it is really win-win when                lion industry, would benefit from
      more wrong. Economically, I think,                       we have an agreement such as CAFTA                     elimination of duties on both fresh and
      those critics are pretty unwise. Central                 that can help bring down their bar-                    canned peaches immediately.
      America is already our tenth largest                     riers.                                                   Pears would also gain immediate
      trading partner, and growing. I do not                     I would like to reemphasize the im-                  duty-free access under CAFTA. Mr.
      know very many successful businesses                     portance of CAFTA to farmers and                       Speaker, California is the leading pro-
      that have made it very long by only                      ranchers, both in my home State of                     ducer of tree nuts in the United States,
      selling to one or two customers. It does                 California and in the greater United                   accounting for over $2 billion in farm
      not happen very often. The fact of the                   States. Especially now, as we fast ap-                 cash receipts. California almonds, wal-
      matter is they have the potential to                     proach a vote in the House on CAFTA-                   nuts, pistachio producers would benefit
      grow even larger. They are not large by                  ratifying legislation, it is important to              from the immediate duty-free access in
      American standards, but they are large                   note a few points on this agreement in                 all CAFTA countries.
      by world standards, and those 44 mil-                    general.                                                 Current duties on those products can
      lion customers already buy more from                       First, CAFTA was negotiated by all                   reach 20 percent. With over $1.7 billion
      the United States than Italy, which is                   countries in the agreement, and al-                    in cash receipts, California lettuce pro-
      a world power. They buy more from us                     ready three have ratified it. Secondly,                ducers would benefit from immediate
      than Australia. They buy more from us                    CAFTA is the only legislation of its                   duty elimination in Costa Rica and
      than Russia, India, and Indonesia com-                   kind that will come before the Con-                    duty phase-out in most other Central
      bined. In fact, if you took the total                    gress. If it fails, the prospects of ap-               American countries within 5 years.
      economies of Central America to-                         proving any similar agreement for the                    The California tomato and broccoli
      gether, it is larger than 33 sizes of the                Central American countries and the                     industries would see similar tariff
      United States, those economies in                        Dominican Republic fail as well.                       elimination. Another crop, California
      total, and they have not even begun                        Finally, CAFTA has to be considered                  rice, which is a major commodity in
      yet.                                                     with some degree of historical context.                my district, currently faces duties of



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6423
      up to 60 percent. As the Nation’s sec-                   ucts in the United States today; they                  committee of jurisdiction on trade
      ond largest rice exporter, California                    have for 20 years. If a company wanted                 matters. And during the period of time,
      rice producers would benefit from the                    to move away, they had 2 decades to do                 the extended period of time this has
      immediate market access of 400,000                       it. Now it is our turn to sell into Cen-               been before the Congress, it has given
      metric tons of U.S. rice in CAFTA                        tral America. Those are the ag sales                   us a chance to look at this agreement
      countries.                                               and manufacturing sales and financial                  pretty closely.
        As the Nation’s second largest cotton                  and insurance and telecommunications                     I could spend my time tonight going
      exporter, California cotton would ben-                   and chemicals from the Gulf Coast and                  into the whats, and the whereases and
      efit from immediate market access                        forest products from east Texas, and ag                the what-fors, but I think it might be
      worth up to $73.1 million.                               from west Texas, and a number of prod-                 more fruitful to discuss this in the
        For beef, too, CAFTA passage brings                    ucts that we are looking for the new                   broader perspective, perspective first of
      with it positive economic prospects.                     jobs and the new customers that this                   all involving the track we are on rel-
      With cash receipts of nearly $1.6 bil-                   agreement provides us.                                 ative to our trade agreements and our
      lion, California would see tariffs re-                     Mr. HERGER. Again I thank the gen-                   Nation’s economy.
      duced from as high as 30 percent to                      tleman. You brought up the agreement                     Then, secondly, a particular for in-
      zero. Tariffs on some cuts of meat will                  of NAFTA, the North American Free                      stance in terms of where this is just
      be eliminated immediately in Central                     Trade Agreement, with Canada and                       more of the same, in terms of our loss
      American countries.                                      with Mexico. And again, it was so                      of jobs, loss of economic opportunity
        Mr. Speaker, as stated in a letter                     tongue-in-cheek, it was so detrimental                 here at home, and then finally to dis-
      from the California Ag Coalition for                     that we more than doubled our trade to                 cuss the process, a process that I think
      Free and Fair Trade, California pro-                     both of these countries who are our                    raises serious questions about this
      ducers of beef, fruit, nuts, vegetables,                 major trading partners now, and we see                 trade agreement.
      cotton, poultry, dairy products, wheat                   our unemployment rate at one of the                      Well, let us start with the broad pat-
      and rice stand to gain in a major way                    lowest levels in our Nation’s history,                 tern. We have been on a track of these
      under CAFTA.                                             right at 5 percent.                                    trade deals, part of our participation in
        I support this agreement for passage,                    So if these trade agreements are so                  the global economy, for some years
      and I urge my friends on both sides of                   bad for our country, why are we seeing                 now. A recent commentator contrasted
      the aisle to do likewise. CAFTA would                    such incredibly dramatic positive re-                  the approach taken by the United
      help level the playing field for Amer-                   sults because of them?                                 States with that of most other nations.
      ica’s agriculture, increasing export op-                   Mr. BRADY of Texas. Well, I appre-                   It would just seem natural that as you
      portunities for our growers and pro-                     ciate the gentleman from California                    stroll to the table and negotiate on be-
      ducers. It would be truly tragic for our                 (Mr. HERGER) for coming tonight and                    half of the country you represent, that
      Nation’s agriculture and all of our                      being part of this key debate.                         you advocate the nation’s interests,
                                                                 Let me just conclude with a question.
      economy if we let this opportunity es-                                                                          the nation’s jobs, the nation’s oppor-
                                                               In recent years, a bipartisan Congress
      cape us.                                                                                                        tunity to sell more under these agree-
                                                               has extended its trade hand to the Mus-
        Mr. BRADY of Texas. Mr. Speaker, I                                                                            ments. And most nations do precisely
                                                               lim people of Morocco, the sub-Saharan
      appreciate the gentleman from Cali-                                                                             that.
                                                               nations of South Africa, our Asian al-
      fornia (Mr. HERGER) speaking about                                                                                But this commentator contrasted the
                                                               lies in Singapore, and our Arab allies
      this issue, because opponents to                                                                                United States, where it is not just local
                                                               in Jordan. Why would Congress balk
      CAFTA say that does not matter. It                                                                              interests that are represented by the
                                                               now at extending the same hand of
      would help our trade deficit if we just                                                                         big multinational corporations based
                                                               trade to our Hispanic neighbors in Cen-
      ignored selling all of our products to                                                                          in this country, it may be a U.S. cor-
                                                               tral America?
      Central America. I do not understand                       This is good for America and our                     poration, but may be jobs all across the
      how it helps our trade deficit to turn                   workers, this is good for Central Amer-                world.
      down 44 million new customers, in all                                                                             Whether or not the interests of the
                                                               ica, and this will help us defeat China
      of the ag, in technology and small busi-                                                                        multinational corporations have been
                                                               in the war in textiles; and later this
      ness and manufacturing trade that we                                                                            advanced, the record is clear. The in-
                                                               week I look forward to the House of
      have and want to sell to.                                                                                       terest of the American worker and
                                                               Representatives joining the Senate in
        I would ask the gentleman, how does                                                                           American opportunities have not been
                                                               engagement, in jobs, rather than isola-
      that help our trade deficit to turn                                                                             advanced. Just look at the trade num-
                                                               tionism and turning our back on a re-
      down a growing country and all of                                                                               bers. Could you possibly have a clearer
                                                               gion so close to us.
      those new customers?                                                                                            indicator as to whether this is working
                                                                                 f                                    or not than the trade numbers? And
        Mr. HERGER. Well, obviously, it
      does not help our trade deficit; it                          CAFTA IS BAD FOR AMERICA                           what do they tell us? They tell us that
      makes it worse. As the gentleman is                        The SPEAKER pro tempore (Mr.                         our trade deficit, the amount we buy
      pointing out, if we lose that, and the                   POE). Under the Speaker’s announced                    more than we sell, has never been
      gentleman has pointed this out, there                    policy of January 4, 2005, the gen-                    greater in the history of our country.
      are other countries that are seeking to                  tleman from Michigan (Mr. LEVIN) is                      Now, we have been at this awhile,
      take these markets. China is working                     recognized for 60 minutes as the des-                  these trade deals. A friend of mine says
      very diligently to take these markets,                   ignee of the minority leader.                          there is not a trade deal ever nego-
      and we cannot allow this to happen.                        Mr. LEVIN. Mr. Speaker, I would like                 tiated that our silk-shirted Ivy League-
        So it is imperative that we move, and                  to yield to my colleague from the Ways                 educated negotiators could not lose in
      we look to be having a vote this week,                   and Means Committee, the gentleman                     half an hour. You certainly seem to
      that we win and we have a big win in                     from North Dakota (Mr. POMEROY), as                    think there might be truth in that
      this very important area of trade.                       much time as he shall consume.                         when you look at the job loss that has
        Mr. BRADY of Texas. I notice, too,                       Mr. POMEROY. Mr. Speaker, I com-                     just wrecked the economies of impor-
      the gentleman serving on Ways and                        mend my colleagues who have just                       tant parts of our country and led us to
      Means, all we hear about is NAFTA;                       completed their hour discussing on the                 a net position, again, where we are
      but what the critics do not tell you is                  House floor tonight why we should                      buying more than we are selling to a
      that there is one huge difference be-                    enact CAFTA.                                           dimension never before seen in the his-
      tween the two agreements, ignoring for                     Clearly, they were sincere, yet the                  tory of the United States.
      a minute that during NAFTA years                         arguments discussed essentially have                     I represent an agriculture State,
      Texas grew by 1.7 million jobs. Our                      been the same arguments advanced for                   North Dakota. We had, growing up
      economy grew by 75 percent, we dou-                      why these negotiations even began now                  when I was a kid in school, we thought
      bled our sales to Mexico, ignore all of                  2 years, 18 months ago, certainly being                of ourselves as North Dakota, bread
      that.                                                    concluded well over a year ago.                        basket to the world. We were very
        But the big difference is, Central                       It is an enormous privilege to serve                 proud of the role we played in feeding
      America already sells most of its prod-                  on the Ways and Means Committee, the                   the world. So let us just break out this



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      H6424                                              CONGRESSIONAL RECORD — HOUSE                                                        July 25, 2005
      agriculture component of our economy,                    United States needs is to resort to the                ing. And that is why, beginning this
      take a look at that one. This year, 2005,                global dump price at the end of domes-                 last week before the August recess, the
      we are on the brink of importing more                    tic production of sugar in this country.               majority, the majority who have dic-
      food than we export.                                     When will it end? When we decide are                   tated so much in terms of vote out-
        The United States of America as a                      U.S. jobs worth fighting for, and the                  comes, did not know whether they have
      net food importer. Can you imagine                       economic hopes and dreams of our fam-                  the votes to pass CAFTA. And I believe
      something more screwed up than that?                     ilies are what we ought to be rep-                     they do not or we would have had it up
      Clearly, this trade path that we are on                  resenting? If it is not good for us, why               for a vote this afternoon.
      is not working, and quite clearly                        are we doing it? And when it comes to                    The Members of this body know that
      CAFTA is more of the same.                               sugar, believe you me, just look right                 CAFTA is a loser for the American peo-
        You know, my friends that just took                    across the opinion of the United Sugar                 ple. And so what are we hearing in
      the preceding hour, they took about                      Industry in this country. They do not                  these final hours before the CAFTA
      the 44 million new customers, the 44                     believe this is good for us. They believe              vote? I want the American people to
      million new customers. You know, we                      it is the beginning of an end to domes-                understand what is at stake just as I
      did not just learn of these places down                  tic production of sugar in this country.               discuss it with my colleagues. They
      there; heck, we have been dealing with                      What that means in the Red River                    have directly linked China to CAFTA.
      them for years and years and years.                      Valley, we are talking Fargo, Grand                    There is no linkage to China and
        We have got about 94 percent of their                  Forks, North Dakota, not large places,                 CAFTA. We are upset about China. We
      wheat market, just to reference a com-                   is a direct and indirect economic im-                  are worried about the trade imbalance
      modity important in North Dakota.                        pact of up to 2- to $3 billion, direct jobs            with China. CAFTA gives us a deeper
      How much more are we going to get?                       2,500, indirect jobs maybe 30,000 in the               trade imbalance, in my view, with
      They are not 44 million new customers.                   area I represent. Just another chapter                 CAFTA countries. It has nothing to do
      These are long-established trading                       in this global trade path we are on that               with China. They are trying cross-link-
      partners of the United States. But                       has cost us so much and brought us the                 ages, anything to try and get votes.
      what is at issue is what we are going to                 deepest deficit in the history of the                  Even more insidious.
      do relative to opening the flood gates                   country.                                                 There is a highway bill in conference
      to their production, to the further dis-                    Now, you might say, well, those are                 committee. One of the things each and
      placement of our workers and our op-                     interesting arguments, but these other                 every Member represents is thousands
      portunities.                                             guys say something quite different.                    and thousands of miles of roads back in
        And let me give you a for instance,                    And so who do we believe? I would just                 their home districts. It is very impor-
      because it is an industry I represent,                   say look at how this bill CAFTA is                     tant for each of us, Republican and
      the sugar industry. Of all of the com-                   being handled. It was negotiated in the                Democrat alike, from every corner of
      modities of agriculture, sugar is one of                 spring of 2004 and concluded in late                   the country, that we get our local
      the higher value opportunities for the                   spring, early summer. If this was such                 needs attended to in the highway bill.
      American farmer. And I represent peo-                    a point of pride for our trade nego-                     Now, do you think the highway bill is
      ple, third generation, fourth generation                 tiators who brought this agreement                     being held up because there is a prob-
      on the land, families that broke the                     home, why in the world did President                   lem with the highway bill? Absolutely
      prairie under the Homestead Act to                       Bush not, as an achievement of his ad-                 not. The highway bill is being held up
      begin their family’s farming experience                  ministration, put it front and center in               to leverage votes for CAFTA. This
      and now making a go of it because they                   the election campaign and run it up to                 trade deal, so important for American
      raise sugar beets in the Red River Val-                  Congress for a vote?                                   jobs, is being bartered for highway
      ley.                                                        They ran the Australia trade agree-                 projects in far-flung congressional dis-
        This is an industry that they have                     ment for a vote. That was negotiated                   tricts.
      grown by blood, sweat and toil and                       after CAFTA. Why did they keep                           This is no way for us to look at the
      risks, enormous financial risk. They                     CAFTA like a dark family secret in the                 future of U.S. trade. We can do better
      had farmers not just raising the sugar                   back room, out of the way, out of pub-                 than that. It is just wrong to link Fed-
      beets, but when they had an oppor-                       lic view after the election? I believe it              eral highway appropriations to pre-
      tunity, they acquired the processing                     is because they knew that the Amer-                    ferred votes on trade deals. It is abso-
      neck of the business. So as a coopera-                   ican people knew this was another raw                  lutely wrong.
      tive, farmers joining together, they ac-                 deal, another trade deal that was a raw                  Now we are hearing that it is going
      tually bought the sugar refinery.                        deal; and, therefore, out of sight, out of             to be brought up for a vote late at
                                                               mind. Let us get the votes. Let us win                 night, in the early morning hours of
                       b 2145                                                                                         the last minutes before we break for
                                                               the election. We will bring it up and
        That is the place that makes the re-                   run it through later. That is a pretty                 August recess. I fully expect that you
      fined sugar. They put it into the mar-                   callous way, I think, to deal with                     might see this up for a vote between 2
      ket. Now they control the marketing of                   something so important to the people                   and 3 in the morning maybe, or 4 and 5
      it as well.                                              of this country, but that is what they                 in the morning if they have not cor-
        This entire sugar industry from the                    have done.                                             ralled the votes before we leave town.
      Red River Valley sugar beet growers,                        Now, here we are 7 months into the                    Can you imagine this body acting
      from the workers in the plants today,                    new year, and just now they are run-                   any more disgracefully than to hold
      to the sugar cane growers down in the                    ning up for a vote. What has delayed                   the debate, run it when people are not
      South Central and Southeastern part                      them now that the election is so long                  watching, try and break the arms re-
      of country, to the sugar beet growers                    past? Very simple. They do not have                    quired to pass the deal, and then leave
      out in the Northwestern United States,                   the votes. Why do they not have the                    town under cloak of darkness for a
      significant areas of the country broad-                  votes? Because the American people                     month to hope the heat cools down be-
      ly affected by the threat to sugar. Be-                  understand that we have the deepest                    cause we have passed another bad deal
      cause what is at stake in CAFTA is                       trade deficit in the history of the coun-              for the American people?
      opening up the border for yet an addi-                   try. They understand that their jobs                     I would hope and I would urge those
      tional allotment for sugar to come                       are not safe. They understand that                     who really determine the outcome of
      pouring in from the CAFTA countries,                     their friends have lost jobs. They un-                 this fight, those who tonight find
      countries whose labor wages have no                      derstand that industries are being dis-                themselves caught between standing
      relation to ours, whose environmental                    located. And as a result they do not                   for their constituents and what their
      protections in their plants are no rela-                 have much time or attention for this                   constituents want and what their lead-
      tion to ours, whose costs are often sub-                 CAFTA.                                                 ership tells them they have to do, I
      sidized to get them down to global                          The House of Representatives is a                   would urge them to do the thing that
      dump price.                                              very imperfect place, but there is one                 you could never lose by doing: Stand
        And I have seen the context of the                     thing that this place captures, and that               with your constituents. They are the
      CAFTA debate argument that what the                      is what the American people are think-                 ones that sent you here. They are the



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                 H6425
      ones we pledged to support. They are                     Millinocket, Maine, where my father                    highway projects and energy bill, to
      the ones who are counting on you to-                     worked for 43 years, my grandfather                    the still incomplete appropriations
      night.                                                   before him for 40 years. And that is the               bills. Members are being asked to trade
        I was as a freshman in a Democrat                      way it is in a lot of mill towns in                    away their votes for agreements that
      majority. We have been in the minority                   Maine and all across the country.                      trade American jobs away. This is just
      for more than 10 years. And I believe                       Two days after I was sworn in as a                  unbelievable.
      we are in the minority in part because                   Member of Congress in January of 2003,                   Tomorrow, the House is expected to
      our leaders thought there were times                     I learned that the mill where I worked                 vote on H.R. 3283, the so-called United
      when we had to vote for the majority                     filed bankruptcy and was shutting its                  States Trade Rights Enforcement Act.
      instead of voting for those who sent us                  doors. The mill was closed largely due                 This bill does nothing to effectively ad-
      here.                                                    to the pressure created by unfair trade                dress China’s unfair trade practices and
        I urge my Republican colleagues who                    agreements, years of poorly thought-                   their adverse impact on U.S. workers
      are on the fence on this trade deal, get-                out trade deals that placed manufac-                   and manufacturers and the Nation’s
      ting tremendous pressure from the                        turing industries at a huge disadvan-                  economy. In fact, it makes it harder to
      leadership, I urge you to stand your                     tage. And one would only have to look                  stop unfair Chinese trade practices.
      ground, stand with your constituents.                    at the huge trade deficits that are con-               But it has a good-sounding title.
      They need you. They need you badly on                    tinuing to grow ever since NAFTA                         This bill is an effort to sway votes for
      this vote.                                               went into effect.                                      CAFTA, giving Members a fig leaf to
        To the Democrat and Republican                            I know firsthand, as many Mainers                   hide behind so they can say they are
      Members who have already signaled                        do, that with these layoffs and clo-                   standing up against unfair trade agree-
      that we are opposed to this deal, we are                 sures, when these businesses go under                  ments. It is nothing but smoke and
      opposed to another sell-out of our econ-                 because of unfair trade deals, so does                 mirrors. Smoke and mirrors.
      omy, we are opposed to another rolling                   the heart and souls of these commu-                      Two years ago, these tactics worked
      over of the concerns about American                      nities. In Maine alone, since 1998 and to              to pass the deeply flawed Medicare bill
      workers, I urge you to dig down and                      late 2004, the Federal Government had                  by one vote. Leadership held open a 15-
      work harder than we have ever worked                     documented 11,724 workers who lost                     minute vote for 3 hours while they
      before.                                                  their job due to trade. Although the                   twisted arms in order to ensure pas-
        We are on the brink of winning this                    real undocumented number is much                       sage. It is expected the same will hap-
      important vote. What happens if we do?                   higher, it has been estimated that                     pen with the CAFTA vote. Is this the
      It is not like relations end, for heaven’s               24,000 Mainers have lost their jobs due                way the people of the House should be
      sake, with our near neighbors. We go                     to NAFTA alone.                                        acting? Is this in the best interest of
      back to the table and we get a deal we                      The number serves to demonstrate                    our Nation?
      can all be proud of, one that has some                   yet again what people in Maine already                   What message does this send the
      fundamental protections for our coun-                    know through our own tough experi-                     American people and our workforce
      try. That is all that happens if we de-                  ence. The economy continues to strug-                  and our businesses? And why must
      feat this deal. So let us stand together                 gle and our workers see fewer good                     these votes always happen in the dark
      and win one, by golly. The American                      prospects. Maine has lost 23 percent of                of night? It is because while working
      economy and the American workers de-                     our manufacturing base over the last 3                 Americans sleep, their jobs are being
      serve no less.                                           years alone.                                           traded away.
        I thank the gentleman for yielding to                     Now, I heard my colleague who sup-                    Mr. Speaker, all Americans who are
      me.                                                      ported CAFTA earlier talk about the                    watching tonight should check for
        Mr. LEVIN. Mr. Speaker, I thank the                    unemployment going down. Well, I can                   themselves. They should pay close at-
      gentleman very much for his excellent                    say my first year in Congress we had                   tention to what time the CAFTA vote
      statement.                                               labor market areas in Maine whose un-                  happens. They should ask themselves
        It is now my pleasure to yield to an-                  employment rate was over 35 percent.                   why under such cover of darkness
      other colleague who comes across the                     And the reason why the number is                       should we be voting. It is said that
      country from the gentleman from                          lower today is not because they have                   midnight is the witching hour. Ameri-
      North Dakota (Mr. POMEROY), about as                     found jobs, it is because this Congress,               cans should wonder what kind of witch-
      far east as you can get from the Dako-                   the previous Congress, has failed to ex-               craft is being passed on the House floor
      tas, I think, the gentleman from Maine                   tend the unemployment benefits, so                     as we consider CAFTA in the dead of
      (Mr. MICHAUD).                                           they are no longer counted as being un-                night.
        Mr. MICHAUD. Mr. Speaker, I thank                      employed. They just drop off the list.                   The administration may want this
      the gentleman for yielding to me.                           We are sick of watching our jobs get                deal to pass as quickly as possible be-
        Mr. Speaker, earlier this evening we                   shipped overseas as our workers stand                  fore more opposition mounts, but the
      heard an hour debate of why Congress                     waving good-bye to them. It is time to                 people who have suffered the most
      and the American people should sup-                      get off the fast track of lost jobs and                under our trade policies, including
      port CAFTA. And to the gentleman                         shattered dreams and on to the right                   many of my neighbors, my coworkers
      from Michigan (Mr. LEVIN) I would like                   track for fair trade agreements.                       and my family, and many of the good
      to say, as Paul Harvey would say, Now                       When it comes to CAFTA, the benefit                 people in Maine have earned the right
      the rest of the story.                                   is pretty hard to find. Despite having                 to ask a simple question about what a
        I want to thank my good friend, the                    44 million inhabitants, the CAFTA na-                  new trade deal will mean to their fami-
      gentleman from Michigan (Mr. LEVIN),                     tions’ total purchasing power is the                   lies and get some real answers before
      a distinguished member of the Com-                       same as New Haven, Connecticut. More                   we move forward.
      mittee on Ways and Means. He has                         than 40 percent of the Central Amer-                     One of the things I hear a lot of peo-
      been a remarkable advocate for issues                    ican workers work for less than $2 a                   ple say is that large stable companies,
      affecting working families. This week                    day. CAFTA outsources our jobs to                      like Great Northern was, where I
      the House is expected to vote on a                       cheap labor markets with almost non-                   worked for over 30 years, will never
      trade agreement that only promises job                   existing environmental or labor stand-                 move overseas because it is too costly.
      losses and devastation.                                  ards.                                                  I can tell my colleagues firsthand that
        Mr. Speaker, I rise tonight in strong                                                                         the mill I worked at had six paper ma-
      opposition to CAFTA. I rise tonight for                                   b 2200                                chines. They uplifted four of them and
      all Mainers who have lost their jobs. I                    How could such a bad deal for our                    shipped them overseas. The mill in
      rise for all working Americans and                       workers pass?                                          Millinocket, the Great Northern Paper
      their families, many who are still                         In recent days, the administration                   Company’s other mill, did the same
      working at this late hour to help make                   authorized House leadership to secure                  thing. It is nothing for large corpora-
      ends meet. And I know what it is like                    votes with whatever is at hand, from                   tions to unbolt their machines and ship
      myself. For almost 30 years I worked at                  extra funding, as you heard earlier, for               them overseas so they can get that
      Great Northern Paper Company in East                     individual Members’ districts in the                   cheap labor.



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      H6426                                              CONGRESSIONAL RECORD — HOUSE                                                         July 25, 2005
        We heard earlier that in some of                       that change. However, the truth of the                 what this basic issue is really all
      these CAFTA countries labor is less                      matter is it would take action by this                 about. This is why Central America,
      than $2 a day. That is exploiting work-                  Congress to do that, and not under                     Dominican Republic and CAFTA, mat-
      ers. It is not to benefit the CAFTA na-                  Fast Track; and also there would have                  ter so much in terms of where trade is
      tions. It definitely will not benefit the                to be agreement by the six DR-CAFTA                    going. Regarding the CAFTA countries,
      United States of America. So I hope                      countries.                                             we are now talking about countries in
      Members on both sides of the aisle will                    Regarding a provision of concern to                  a region that has, Latin America, the
      take a good hard look at this trade pol-                 Nicaragua, the administration has                      worst income distribution of any re-
      icy because we cannot sell-out the                       made some statement that Nicaragua                     gion in the world. We are talking about
      American workers. We cannot sell out                     will more or less back off. However, it                within most of the countries immense
      the American Dream that we have.                         is only for Nicaragua to make that                     maldistribution of income. We are
        We must reverse these trade policies                   statement.                                             talking about immense poverty. There
      to once again put the United States of                     And then there has been the same                     is a weak middle class in most of the
      America on the path of growth. The                       process regarding sugar in order to try                countries.
      only way we are going to be a secure                     to win some votes from people who ob-                    It was interesting to read a Wall
      country, the only way we are going to                    ject to the provisions on sugar. There                 Street Journal article just a week ago.
      be able to be respected among other na-                  have been statements about some ad-                    The headline was: ‘‘In Latin America,
      tions, like we have in the past, is to                   justments that will be made or some                    Rich-Poor Chasm Stifles Growth,’’ and
      make sure that we have a strong econ-                    further actions that will be taken.                    I quote: ‘‘Because of an abundance of
      omy.                                                     Again, they are not in the agreement.                  natural resources and a large indige-
        When we look at what happened dur-                     There is nothing that this administra-                 nous population, Latin American na-
      ing World War II, what made this coun-                   tion can really say that it can be as-                 tions group up relying on raw mate-
      try the greatest country in the world,                   sured of producing.                                    rials, cheap manual labor to exploit
      with our Greatest Generation, was the                      Oh, and then I guess it was today I                  them, and low government taxation.
      ability for Americans back home to                       read about discussions relating to agri-               The system concentrated land owner-
      work in our manufacturing industry,                      cultural shipments to Cuba and some                    ship and wealth in a few hands, de-
      to work hand in hand. But what are we                    bargaining back and forth between                      prived governments of money to spend
      going to do if we continue to ship these                 some of the Members of this Congress                   on education and other incentives, and
      jobs overseas? It is going to weaken the                 and the administration regarding that.                 essentially ordered the incentives for
                                                                 So while I very much disagree with                   the elite to invest not in human capital
      United States’ ability to be the number
                                                               the statements in almost every case                    or technology. Latin America has also
      one leader as far as our national de-
                                                               made by the majority regarding                         historically relied on monopolies and
      fense.
                                                               CAFTA, in a way they were talking                      franchises, leaving few opportunities
        We must vote this CAFTA deal down,
                                                               about issues and they were not talking                 for entrepreneurs to advance through
      regardless of what time in the morning
                                                               about bait being offered for people to                 hard work and innovation.’’
      it comes up and regardless of how long
                                                               cast their vote.                                         If you look at the history of trade
      the leadership holds the vote open. We                     I want to talk about what is really,
      must do what is right, and what is                                                                              agreements, there has been an effort to
                                                               as I see it, and my colleagues in so                   begin to have them relate to workers,
      right is fair trade agreements.                          many cases see it, as the overriding
        So I thank the gentleman for yield-                                                                           to take into account the capital of
                                                               issue. Why are so many of us who have                  workers as well as financial capital.
      ing to me, and I will be with him vot-                   worked for expanded trade, who have
      ing against CAFTA.                                                                                              And so in recent years, we had agree-
                                                               helped to shape trade agreements op-                   ments, Jordan, Cambodia, which essen-
        Mr. LEVIN. Mr. Speaker, I thank the
                                                               posed to this agreement? There are                     tially said to countries: look, take
      gentleman very much for his eloquent                     economic aspects, and one can argue
      statement.                                                                                                      steps to make sure that workers have
                                                               them various ways. I suggest that they                 their basic rights.
        Mr. Speaker, I have had the oppor-
                                                               be kept to the economic data in per-                     We are not talking about the laws of
      tunity tonight to listen to an hour that
                                                               spective. One estimate is that in terms                the United States; we are talking
      was presided over by my colleague on
                                                               of GDP, the impact of CAFTA on the                     about the five core internationally rec-
      the Committee on Ways and Means on                       U.S. would be less than one-fifth of 1
      the majority side, the gentleman from                                                                           ognized rights: no child labor, also no
                                                               percent. As to Central American coun-                  forced labor, no discrimination in the
      Ohio (Mr. TURNER), and his fellow Re-                    tries, there is evidence on all sides of               workplace, and also, so importantly,
      publicans and the statements of my                       the issue, including dislocation, that                 the rights of workers to associate and
      colleagues on the Democratic side. It                    would occur.                                           to organize.
      has been refreshing in this sense, that                    But, again, I want to talk about the                   And what has happened is that this
      we have talked about the issues. I very                  larger issue, and that is where                        agreement is a step backwards from
      much disagree with the statements of                     globalization is today and where it is                 where we were going, a step backwards
      the gentleman from Ohio (Mr. TURNER)                     going. Because here at CAFTA,                          from Jordan, a step backwards from
      and others, and I will get to that; but                  globalization is at a crossroads, and                  the Cambodia experiment, and also a
      at least we have been talking about                      that is why so many of us who have                     step backwards from CBI and the sec-
      issues.                                                  worked for expanded trade feel that we                 ond CBI, and what is called the ‘‘gener-
        In the last few days, when it comes                    needed to take a hard look to judge                    alized system of preferences.’’ What
      to CAFTA, that is not what the admin-                    whether this agreement was going to                    this agreement says to a country when
      istration or the Republican majority                     shape globalization so, as was put by                  it comes to these basic rights of work-
      have been doing. Instead, we have                        President Clinton some years ago, it                   ers is, enforce your own laws, no mat-
      learned about a number of deals that                     would level up, not level down.                        ter what they are, no matter how bad
      have been cut, one of them relating to                     I think the basic assumption of many                 they are. That is the standard: enforce
      dams and locks in return for a vote; or                  proponents of CAFTA is, well, that                     your own laws.
      if not in return, that being taken into                  does not really matter because trade is                  That standard is not used in any
      account if the vote was cast.                            win-win; that there is no possible loss;               other part of the agreement, whether it
        We have heard the administration                       that trade inevitably works out for                    is intellectual properties or invest-
      make statements regarding fabrics, re-                   everybody’s benefit. But for those of us               ments or tariffs or subsidies. Here it is:
      garding apparel and textiles. They have                  who, I say, have worked and often                      enforce your own laws.
      made commitments that they cannot                        worked very hard and successfully to
      on their own keep. And if history is                     shape expanded trade the right way, we                                 b 2215
      any judge, they are unlikely to do so.                   believe this does it the wrong way; that                 There has been an effort to obscure
      They have made a commitment, for ex-                     you need to shape trade agreements so                  what the reality is on the ground in
      ample, regarding pockets and linings,                    it is not a race to the bottom.                        Central America, but State Depart-
      essentially reopening the agreement,                       And that is why the issues relating to               ment reports make it clear, the ILO re-
      saying that they are going to secure                     worker rights are so important. That is                ports make it also very clear. There is



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      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                H6427
      a recent report of USTR itself that it                   2004, by a delegation of six bishops rep-                Mr. Speaker, it is tragic that this ad-
      was required to give to Congress. That                   resenting the Church in Central Amer-                  ministration has handled trade and
      report also makes it clear.                              ica, the Bishops’ Secretariat of Central               shattered the bipartisan foundation for
        In reality, workers do not have the                    America and the chairman of Domestic                   trade that is so necessary, that is so
      ability to exercise internationally rec-                 and International Policy Committees                    vital that a number of us have wanted
      ognized rights. When they want to as-                    of the United States Conference of                     to help reestablish in this country.
      sociate, essentially there can be action                 Bishops wish to express with one voice                 They have shattered that foundation.
      by the employer with impunity. In                        our observations and concerns about                      Now they are going to come here on
      some cases all they have to do, if they                  the U.S.-Central American Free Trade                   this floor in just a few days, and what
      fire workers who want to form a union,                   Agreement.’’                                           they are apparently going to try to do
      all they have to do is pay severance                       I quote from just one of their con-                  once again, instead of getting 250 to 300
      pay. That is the reality on the ground,                  cerns. This is in subsection 3. ‘‘Many                 votes on a truly bipartisan basis, they
      and there are so many cases that prove                   have claimed that CAFTA will lead to                   are going to essentially, headstrong, I
      it. In a Special Order that I took on                    a significant increase in jobs. However,
                                                                                                                      think head-in-the-sand in terms of
      some weeks ago, I spelled out one ex-                    these jobs could principally be in as-
                                                                                                                      good trade policy, see if they can
      ample in El Salvador.                                    sembly plants, maquilas, which mainly
                                                                                                                      squeeze out a victory by one or two
        Why does this matter? Why is it im-                    employ women, and which offer an un-
                                                                                                                      votes.
      portant that workers in Central Amer-                    stable form of employment. Without
                                                               proper worker protections, we know                       That will not happen. If it did, it
      ica have their basic internationally                                                                            would be a defeat for the bipartisan
      recognized rights? Here is why it mat-                   from our own experience that this type
                                                               of employment will not foster authen-                  foundation so essential for trade pol-
      ters.                                                                                                           icy. It would be a defeat for the people
        In these countries with immense pov-                   tic human development.’’
                                                                 It is said by some defenders of this                 of Central America, the workers there,
      erty, in these countries with terrible                                                                          for their countries that so badly need
      maldistribution of income, in these                      agreement that the problem is not in
                                                               the laws, it is enforcement. First of all,             the development of a middle class, peo-
      countries with weak middle classes, if                                                                          ple moving up the ladder. It will be bad
      workers cannot exercise their rights,                    that is not true about the laws. No
                                                               matter how much you put into enforce-                  for our workers who refuse to compete
      they are going to remain poor. Their                                                                            against workers whose rights are so
      countries are going to remain without                    ment, if the laws are inadequate, it will
                                                               not work.                                              badly suppressed, and it will be bad for
      the middle classes that they so badly                                                                           our companies who need middle classes
                                                                 But also this administration is really
      need. Our workers are going to have to                                                                          to sell to.
                                                               not candid about its claims about
      compete with workers whose rights are                    money for enforcement. It cut moneys                     In closing, the gentleman from Ohio
      suppressed, and our workers are say-                     for the entity within the Department                   (Mr. TURNER) said at the very end that
      ing, no, they do not want to do that.                    of Labor that deals with capacity-                     people supported Morocco, people sup-
      And our companies and their workers                      building of labor departments of other                 ported Jordan, I did, because in those
      are not going to have middles classes                    countries. It proposed cuts of 87 per-                 countries the rights, the internation-
      in Central America that can buy their                    cent, and now it is being suggested                    ally recognized rights of workers were
      goods.                                                   that some of that money be put back.                   in place, so enforce your own laws,
        So I want to say a few more words                      The record of this administration in                   there were laws to implement. There
      about the implications of all this.                      terms of trying to bolster enforcement                 were conditions that were worthy of
      There has been talk about security and                   is abysmal. They are now coming forth                  international respect. That is not true
      stability. I want to say to my col-                      and saying, well, we will reform, so                   in CAFTA. It is not true in Central
      leagues on both sides of the aisle, what                 support CAFTA.                                         America.
      undermines stability and security is                       The laws do not measure up to inter-
      when people are impoverished, when                                                                                We need to renegotiate. I am in favor
                                                               national standards. As I saw a few                     of a CAFTA. So are others of my col-
      people have no opportunity to climb up                   years ago in Central America in the
      the ladder to the middle class.                                                                                 leagues who have worked with me and
                                                               maquilas in three of the countries,                    who are leading this effort to make
        This was also in the Wall Street                       there are no rights of workers on the
      Journal, I read a letter to the editor by                                                                       sure that CAFTA is defeated and we go
                                                               ground in reality. They are working for                back to the table and address these
      Rutilio Martinez, who is a professor in                  75 cents an hour, maybe a buck, mostly
      Colorado, and he was responding to an                                                                           basic issues. Globalization is here to
                                                               young women in the maquilas, many                      stay.    The     question    is  whether
      article about Chavez in Venezuela, and                   with children, sole supporter of their
      he is very much opposed to the Chavez                                                                           globalization is going to have its bene-
                                                               children. As soon as they tried to have
      regime. He concluded, ‘‘The rest of                                                                             fits spread, or essentially they are
                                                               a voice in the workplace, a voice at
      Latin America, from Mexico to Argen-                                                                            going to be distributed only to a mi-
                                                               work, that voice is kicked out, is
      tina, should take notice what is hap-                                                                           nority.
                                                               snuffed out by their discharge.
      pening in Venezuela and do something                       Let me make just a few comments.                       If that continues to happen in Latin
      to improve their horrible distribution                   Someone said, well, there are 44 mil-                  America, we are going to see more peo-
      of wealth, otherwise soon there will be                  lion people, and they cannot buy high-                 ple voting with their feet, or voting at
      very many Venezuelas in this poverty-                    end goods. That is not the issue at all.               the ballot box as they have been doing.
      ridden but resource-rich region.’’                       Let me just read quickly from an arti-                 People want a share of globalization.
        A major threat to security in Central                  cle that is going to be published in the               They want a stake in globalization. In
      American countries is terrible income                    Sister City News, ‘‘Dos Pueblos: The                   order to have that, they have to have a
      distribution. It is also the absence of                  New York-Tipitapa Nicaragua Sister                     voice in the workplace. So that is what
      strong middle classes and the presence                   City Project.’’ Dos Pueblos is a non-                  this is all about. There are other
      of immense poverty. There was talk                       profit organization that began way                     issues, but there is this larger issue.
      about certain groups in Central Amer-                    back in 1987. They went to Nicaragua                   There is a test here, a test presented by
      ica opposing this agreement.                             just recently and reported back, ‘‘The                 the CAFTA agreement. This adminis-
        I just urge everybody to listen also to                salaries they receive, however, are cov-               tration flunked the test, and now they
      bishops who are there with their flock                   ering fewer and fewer of their families’               are just charging ahead hoping to cap-
      in Central America. I read from a re-                    basic needs. While the minimum salary                  ture a narrow victory. It will not hap-
      cent joint statement concerning the                      in 2003 covered 49.2 percent of the basic              pen. It will be a defeat.
      Central American Free Trade Agree-                       food basket, 53 products identified as                   I urge we defeat CAFTA as nego-
      ment by the Bishops’ Secretariat of                      necessary to feed a family of four for a               tiated and return to the table, which
      Central America and the chairman of                      month, the minimum pay in 2005 is                      we can do, and refinish this agreement
      the Domestic and International Policy                    only covering 26 percent of these                      in about a month. In that way we can
      Committees of the U.S. Conference of                     costs.’’ So it is not a question of buying             proudly say we met the challenges of
      Catholic Bishops. ‘‘In light of a recent                 a Cadillac, it is a question of buying                 globalization in this case in the year
      visit to Washington, D.C., 23–24 June,                   food.                                                  2005.



VerDate Aug 04 2004   03:21 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00045   Fmt 7634   Sfmt 0634   E:\CR\FM\K25JY7.109   H25JYPT1
      H6428                                              CONGRESSIONAL RECORD — HOUSE                                                            July 25, 2005
              LEAVE OF ABSENCE                                   The motion was agreed to; accord-                    on the approved retirement of General Greg-
                                                               ingly (at 10 o’clock and 29 minutes                    ory S. Martin, United States Air Force, and
        By unanimous consent, leave of ab-                                                                            his advancement to the grade of general on
      sence was granted to:                                    p.m.), under its previous order, the
                                                                                                                      the retired list; to the Committee on Armed
        Mr. BECERRA (at the request of Ms.                     House adjourned until tomorrow, Tues-
                                                                                                                      Services.
      PELOSI) for today.                                       day, July 26, 2005, at 9 a.m., for morn-                 3157. A letter from the Acting Under Sec-
        Ms. KILPATRICK of Michigan (at the                     ing hour debates.                                      retary for Acquisition, Technology and Lo-
      request of Ms. PELOSI) for today on ac-                                    f                                    gistics, Department of Defense, transmitting
                                                                                                                      a report on Contractual Offset Arrange-
      count of personal business.                                EXECUTIVE COMMUNICATIONS,                            ments, Memoranda of Understanding, and
        Mr. ORTIZ (at the request of Ms.                                        ETC.                                  Procurement Waivers, pursuant to 10 U.S.C.
      PELOSI) for today.                                                                                              2534(d)(3); to the Committee on Armed Serv-
                                                                 Under clause 8 of rule XII, executive
        Mr. REYES (at the request of Ms.                                                                              ices.
                                                               communications were taken from the
      PELOSI) for today.                                                                                                3158. A letter from the Director, Defense
                                                               Speaker’s table and referred as follows:               Procurement and Acquisition Policy, De-
        Mr. HOBSON (at the request of Mr.
                                                                  3148. A letter from the Acting Adminis-             partment of Defense, transmitting the De-
      DELAY) for today on account of being                     trator, AMS, Department of Agriculture,
      unable to travel due to bad weather.                                                                            partment’s final rule — Defense Federal Ac-
                                                               transmitting the Department’s final rule —             quisition Regulation Supplement; Multiyear
        Mr. LINDER (at the request of Mr.                      Irish Potatoes Grown in Washington; Order              Contracting [DFARS Case 2004-DO24] re-
      DELAY) for today on account of official                  Amending Marketing Order No. 946 [Docket               ceived May 11, 2005, pursuant to 5 U.S.C.
      business.                                                No. AO-F&V-946-3; FV03-946-01 FR] received             801(a)(1)(A); to the Committee on Armed
                                                               July 18, 2005, pursuant to 5 U.S.C.                    Services.
                       f
                                                               801(a)(1)(A); to the Committee on Agri-                  3159. A letter from the Assistant Attorney
          SPECIAL ORDERS GRANTED                               culture.                                               General, Civil Rights Division, Department
                                                                  3149. A letter from the Chief, Regulatory           of Justice, transmitting the 2004 Annual Re-
        By unanimous consent, permission to                    Analysis and Development, Department of                port regarding the Department’s enforce-
      address the House, following the legis-                  Agriculture, transmitting the Department’s             ment activities under the Equal Credit Op-
      lative program and any special orders                    final rule — Tuberculosis; Reduction in                portunity Act, pursuant to 15 U.S.C. 1691f; to
      heretofore entered, was granted to:                      Timeframe for Movement of Cattle and                   the Committee on Financial Services.
        (The following Members (at the re-                     Bison from Modified Accredited and Accredi-              3160. A letter from the Under Secretary for
      quest of Ms. WOOLSEY) to revise and ex-                  tation Preparatory States or Zones Without             Domestic Finance, Department of the Treas-
      tend their remarks and include extra-                    an Individual Tuberculin Test [Docket No.              ury, transmitting the annual report on the
                                                               04-065-1] received May 24, 2005, pursuant to 5         Resolution Funding Corporation for calendar
      neous material:)                                         U.S.C. 801(a)(1)(A); to the Committee on Ag-           year 2004, pursuant to Public Law 101–73, sec-
        Mrs. MCCARTHY, for 5 minutes, today.                   riculture.                                             tion 501(a) (103 Stat. 387); to the Committee
        Mr. DEFAZIO, for 5 minutes, today.                        3150. A letter from the Chairman and Chief          on Financial Services.
        Mr. WYNN, for 5 minutes, today.                        Executive Officer, Farm Credit Administra-               3161. A letter from the General Counsel,
        Mr. CUMMINGS, for 5 minutes, today.                    tion, transmitting the Administration’s final          FEMA, Department of Homeland Security,
        Mr. BROWN of Ohio, for 5 minutes,                      rule — Disclosure to Shareholders; Account-            transmitting the Department’s final rule —
      today.                                                   ing and Reporting Requirements; Federal                Suspension of Community Eligibility [Dock-
                                                               Agriculture Mortgage Corporation General               et No. FEMA-7875] received May 9, 2005, pur-
        Ms. KAPTUR, for 5 minutes, today.
                                                               Provisions; Federal Agriculture Mortgage               suant to 5 U.S.C. 801(a)(1)(A); to the Com-
        Mr. EMANUEL, for 5 minutes, today.                     Corporation Governance; Federal Agri-                  mittee on Financial Services.
        Ms. WOOLSEY, for 5 minutes, today.                     culture Mortgage Corporation Funding and                 3162. A letter from the Counsel for Legisla-
        Mr. OWENS, for 5 minutes, today.                       Fiscal Affairs; Federal Agriculture Mortgage           tion and Regulations, OH, Department of
        Mr. HINCHEY, for 5 minutes, today.                     Corporation Disclosure and Reporting Re-               Housing and Urban Development, transmit-
        Mr. NADLER, for 5 minutes, today.                      quirements (RIN: 3052-AC18) received July 18,          ting the Department’s final rule — Up-Front
        Ms. SCHAKOWSKY, for 5 minutes,                         2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the        Mortgage Insurance Premiums for Loans In-
      today.                                                   Committee on Agriculture.                              sured Under Sections 203(k) and 234(c) of the
                ´                                                 3151. A letter from the Architect of the            National Housing Act [Docket No. FR-4749-
        Ms. VELAZQUEZ, for 5 minutes, today.                   Capitol, transmitting the report of expendi-           F-02] (RIN: 2502-AH82) received July 18, 2005,
        Mr. CAPUANO for 5 minutes, today.                      tures of appropriations during the period              pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-
        Mr. HONDA, for 5 minutes, today.                       April 1, 2004 through September 30, 2004, pur-         mittee on Financial Services.
        Mrs. CHRISTENSEN, for 5 minutes,                       suant to 40 U.S.C. 162b; to the Committee on             3163. A letter from the Secretary, Depart-
      today.                                                   Appropriations.                                        ment of Veterans Affairs, transmitting a
        Ms. WATSON, for 5 minutes, today.                         3152. A letter from the Under Secretary for         draft of proposed legislation to amend title
        Ms. NORTON, for 5 minutes, today.                      Acquisition, Technology, and Logistics, De-            II of the McKinney-Vento Homeless Assist-
                                                               partment of Defense, transmitting the Na-              ance Act (42 U.S.C. 11311 et seq.); to the Com-
        Ms. CARSON, for 5 minutes, today.
                                                               tional Defense Stockpile (NDS) Annual Ma-              mittee on Financial Services.
        Mr. PAYNE, for 5 minutes, today.                       terials Plan (AMP) for FY 2006 along with re-            3164. A letter from the Assistant Secretary,
        (The following Members (at the re-                     visions to the FY 05 Annual Materials Plan             DCF, Securities and Exchange Commission,
      quest of Mr. PRICE of Georgia) to revise                 and AMPs for the succeeding four years, FY             transmitting the Commission’s final rule —
      and extend their remarks and include                     07 through FY 10, pursuant to 50 U.S.C. 98h–           Securities Offering Reform (RIN: 3235-AI11)
      extraneous material:)                                    5; to the Committee on Armed Services.                 received July 20, 2005, pursuant to 5 U.S.C.
        Ms. ROS-LEHTINEN, for 5 minutes,                          3153. A letter from the Deputy Secretary,           801(a)(1)(A); to the Committee on Financial
      today and July 26, 27, and 28.                           Department of Defense, transmitting a fi-              Services.
                                                               nancial plan for the U.S. participation in and           3165. A letter from the Assistant Secretary,
        Mr. OSBORNE, for 5 minutes, today
                                                               support of Operation Unified Assistance                DMR, Securities and Exchange Commission,
      and July 26, 27, 28, and 29.                             (Tsunami Disaster Relief Effort), pursuant to          transmitting the Commission’s final rule —
        Mr. POE, for 5 minutes, today and                      10 U.S.C. 127a; to the Committee on Armed              Removal from Listing and Registration of
      July 26.                                                 Services.                                              Securities Pursuant to Section 12(d) of the
        Mr. RAMSTAD, for 5 minutes, July 26.                      3154. A letter from the General Counsel,            Securities Exchange Act 0f 1934 [Release No.
        Mr. BURTON of Indiana, for 5 minutes,                  Department of Defense, transmitting a letter           34-52029; File No. S7-25-04] (RIN: 3235-AJ04)
      today and July 26, 27, 28, and 29.                       discharging the Department of Defense of re-           received July 18, 2005, pursuant to 5 U.S.C.
                   ˜
        Mr. FORTUNO, for 5 minutes, July 27.                   sponsibilities concerning termination of the           801(a)(1)(A); to the Committee on Financial
                                                               Panama Canal Commission Office of Transi-              Services.
        Ms. FOXX, for 5 minutes, July 26 and                   tion Administration; to the Committee on                 3166. A letter from the Deputy Secretary,
      27.                                                      Armed Services.                                        DMR, Securities and Exchange Commission,
        Mrs. BLACKBURN, for 5 minutes, today                      3155. A letter from the Inspector General,          transmitting the Commission’s final rule —
      and July 26.                                             Department of Defense, transmitting an                 Commission Guidance Regarding Prohibited
        Mr. BURGESS, for 5 minutes, today                      audit report entitled, ‘‘Defense Infrastruc-           Conduct in Connection with IPO Allocations
      and July 26 and 28.                                      ture; DoD Workforce Employed to Conduct                [Release Nos. 33-8565; 34-51500; IC-26828; File
                                                               Public-Private Competitions Under the DoD              No. S7-03-05] received April 8, 2005, pursuant
                       f                                       Competitive Sourcing Program,’’ pursuant               to 5 U.S.C. 801(a)(1)(A); to the Committee on
                 ADJOURNMENT                                   to Public Law 108–375, section 328(1); to the          Financial Services.
                                                               Committee on Armed Services.                             3167. A letter from the Director, Executive
        Mr. LEVIN. Mr. Speaker, I move that                       3156. A letter from the Under Secretary,            Secretariat, BIA, Department of the Inte-
      the House do now adjourn.                                Department of Defense, transmitting a letter           rior, transmitting the Department’s final




VerDate Aug 04 2004   04:22 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00046   Fmt 7634   Sfmt 0634   E:\CR\FM\K25JY7.111   H25JYPT1
      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6429
      rule — Conforming Amendments to Imple-                   received June 20, 2005, pursuant to 5 U.S.C.           the period October 1, 2004 through March 31,
      ment the No Child Left Behind Act of 2001                801(a)(1)(A); to the Committee on Energy and           2005, pursuant to 5 U.S.C. app. (Insp. Gen.
      (RIN: 1076-AE54) received April 21, 2005, pur-           Commerce.                                              Act) section 8G(h)(2); to the Committee on
      suant to 5 U.S.C. 801(a)(1)(A); to the Com-                3178. A letter from the Deputy Bureau                Government Reform.
      mittee on Education and the Workforce.                   Chief, CGB, Federal Communications Com-                  3188. A letter from the Senior Vice Presi-
        3168. A letter from the Asst. Gen. Counsel             mission, transmitting the Commission’s                 dent and Chief Financial Officer, Potomac
      for Regulatory Services, OSERS, Depart-                  final rule — Rules and Regulations Imple-              Electric Power Company, transmitting a
      ment of Education, transmitting the Depart-              menting the Controlling the Assault of Non-            copy of the Balance Sheet of Potomac Elec-
      ment’s final rule — National Institute on                Solicited Pornography and Marketing Act of             tric Power Company as of December 31, 2004,
      Disability and Rehabilitation Research —                 2003; [CG Docket No. 04-53]; Rules and Regu-           pursuant to D.C. Code section 43–513; to the
      Disability and Rehabilitation Research                   lations Implementing the Telephone Con-                Committee on Government Reform.
      Projects and Centers Program — Disability                sumer Protection Act of 1991 [CG Docket No.              3189. A letter from the EEO Programs Di-
      and Rehabilitation Research Projects — re-               02-278] received June 20, 2005, pursuant to 5          rector, Board of Governors of the Federal Re-
      ceived July 20, 2005, pursuant to 5 U.S.C.               U.S.C. 801(a)(1)(A); to the Committee on En-           serve System, transmitting the first annual
      801(a)(1)(A); to the Committee on Education              ergy and Commerce.                                     report pursuant to Section 203(a) of the No
      and the Workforce.                                         3179. A letter from the Chief, Policy and            Fear Act, Pub. L. 107–174, including data
        3169. A letter from the Secretary, Judicial            Rules Division, Federal Communications                 from fiscal years 1999 through 2004; to the
      Conference of the United States, transmit-               Commission, transmitting the Commission’s              Committee on Government Reform.
      ting a draft bill, ‘‘To amend the Higher Edu-            final rule — Requirements for Digital Re-                3190. A letter from the Counsel for Legisla-
      cation Act of 1965 to make full-time Federal             ceiving Capability [ET Docket No. 05-24] re-           tion and Regualtions, (OIG), Department of
      defender attorneys eligible for cancellation             ceived June 20, 2005, pursuant to 5 U.S.C.             Housing and Urban Development, transmit-
      of loans for certain public service, and for             801(a)(1)(A); to the Committee on Energy and           ting the Department’s final rule — Office of
      other purposes’’; to the Committee on Edu-               Commerce.                                              Inspector General (OIG) Subpoenas and Pro-
      cation and the Workforce.                                  3180. A letter from the Assistant Bureau             duction in Response to Subpoenas or De-
        3170. A letter from the Administrator, En-             Chief for Management, IB, Federal Commu-               mands of Courts or Other Authorities [Dock-
      ergy Information Administration, Depart-                 nications Commission, transmitting the                 et No. FR-4942-F-02] (RIN: 2508-AA14) re-
      ment of Energy, transmitting the annual                  Commission’s final rule — Mandatory Elec-              ceived July 7, 2005, pursuant to 5 U.S.C.
      uranium marketing report for 2004, pursuant              tronic    Filing    for  International  Tele-          801(a)(1)(A); to the Committee on Govern-
      to 42 U.S.C. 2296b–5; to the Committee on En-            communications Services and Other Inter-               ment Reform.
      ergy and Commerce.                                       national Filings [IB Docket No. 04-226] re-              3191. A letter from the Archivist of the
        3171. A letter from the Secretary, Depart-             ceived June 20, 2005, pursuant to 5 U.S.C.             United States, National Archives and
      ment of Health and Human Services, trans-                801(a)(1)(A); to the Committee on Energy and           Records Administration, transmitting a re-
      mitting the Department’s FY 2004 annual fi-              Commerce.                                              port on the National Archives and Records
      nancial report to Congress required by the                 3181. A letter from the Acting Division              Administration’s (NARA) category rating for
      Prescription Drug User Fee Act of 1992                   Chief, WCB, Federal Communications Com-                calendar year 2004, pursuant to 5 U.S.C.
      (PDUFA), pursuant to 21 U.S.C. 379g note; to             mission, transmitting the Commission’s                 3319(d); to the Committee on Government
      the Committee on Energy and Commerce.                    final rule — IP-Enabled Services [WC Docket            Reform.
        3172. A letter from the Director, Regula-              No. 04-36]; E911 Requirements for IP-Enabled             3192. A letter from the Executive Director,
      tions Policy and Mgmt. Staff, FDA, Depart-               Service Providers [WC Docket No. 05-196] re-           National Council on Disability, transmitting
      ment of Health and Human Services, trans-                ceived June 20, 2005, pursuant to 5 U.S.C.             the Council’s Annual Performance Report to
      mitting the Department’s final rule — Food               801(a)(1)(A); to the Committee on Energy and           the President and Congress Fiscal Year 2004,
      Additives Permitted for Direct Addition to               Commerce.                                              as required by the Government Performance
      Food for Human Consumption; Vitamin D3                     3182. A letter from the Deputy General
                                                                                                                      and Results Act, pursuant to 31 U.S.C. 1116;
      [Docket No. 2003F-0370] received July 13, 2005,          Counsel, Federal Energy Regulatory Com-
                                                                                                                      to the Committee on Government Reform.
      pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-           mission, transmitting the Commission’s
                                                                                                                        3193. A letter from the Chairman, Nuclear
      mittee on Energy and Commerce.                           final rule — Interconnection for Wind En-
        3173. A letter from the Director, Regula-                                                                     Regulatory Commission, transmitting a
                                                               ergy [Docket No. RM05-4-000 — Order No. 661]
      tions Policy and Mgmt. Staff, FDA, Depart-                                                                      Presidential appointment reduction plan,
                                                               received June 16, 2005, pursuant to 5 U.S.C.
      ment of Health and Human Services, trans-                                                                       pursuant to section 8403(c) of the Intel-
                                                               801(a)(1)(A); to the Committee on Energy and
      mitting the Department’s final rule — Food                                                                      ligence Reform and Terrorism Prevention
                                                               Commerce.
      Additives Permitted for Direct Addition to                 3183. A letter from the General Counsel,,            Act of 2004; to the Committee on Govern-
      Food for Human Consumption, Vitamin D3                   Federal Energy Regulatory Commission,                  ment Reform.
      [Docket No. 2002F-0160] received July 13, 2005,          transmitting the Commission’s final rule —               3194. A letter from the Director, Office of
      pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-           Revision of FERC Form No. 73, Oil Pipeline             Personnel Management, transmitting the
      mittee on Energy and Commerce.                           Data Filing Instructions RM05-14-000 — re-             Chief Human Capital Officers (CHCO) Coun-
        3174. A letter from the Director, Regula-              ceived July 18, 2005, pursuant to 5 U.S.C.             cil’s Report to Congress covering FY 2004,
      tions Policy and Mgmt. Staff, FDA, Depart-               801(a)(1)(A); to the Committee on Energy and           pursuant to 5 U.S.C. 1401 note Public Law
      ment of Health and Human Services, trans-                Commerce.                                              107–296 section 1303(d); to the Committee on
      mitting the Department’s final rule — Color                3184. A letter from the Acting Director, Of-         Government Reform.
      Additive Certification; Increase in Fees for             fice of Congressional Affairs, Nuclear Regu-             3195. A letter from the Chairman, Securi-
      Certification Services [Docket No. 2005N-                latory Commission, transmitting the Com-               ties and Exchange Commission, transmitting
      0077] received April 18, 2005, pursuant to 5             mission’s final rule — Export and Import of            the Commission’s Performance and Account-
      U.S.C. 801(a)(1)(A); to the Committee on En-             Radioactive Materials: Security Policies               ability Report for fiscal year 2004; to the
      ergy and Commerce.                                       (RIN: 3150-AH44) received June 30, 2005, pur-          Committee on Government Reform.
        3175. A letter from the Secretary, Depart-             suant to 5 U.S.C. 801(a)(1)(A); to the Com-              3196. A letter from the Chairman, U.S.
      ment of Health and Human Services, trans-                mittee on Energy and Commerce.                         International Trade Commission, transmit-
      mitting the second annual report, pursuant                 3185. A letter from the Acting Director, Of-         ting the Commission’s annual report on cat-
      to section 302(d) of the Public Health Secu-             fice of Congressional Affairs, Nuclear Regu-           egory rating for 2004; to the Committee on
      rity and Bioterrorism Preparedness and Re-               latory Commission, transmitting the Com-               Government Reform.
      sponse Act of 2002; to the Committee on En-              mission’s final rule — List of Approved                  3197. A letter from the Assistant Secretary,
      ergy and Commerce.                                       Spent Fuel Storage Casks: VSC-24 Revision              Land and Minerals Management, Depart-
        3176. A letter from the Deputy Assistant               (RIN: 3150-AH70) received July 13, 2005, pur-          ment of the Interior, transmitting the De-
      Administrator, ODC, DEA, Department of                   suant to 5 U.S.C. 801(a)(1)(A); to the Com-            partment’s final rule — Oil and Gas and Sul-
      Justice, transmitting the Department’s final             mittee on Energy and Commerce.                         phur Operations in the Outer Continental
      rule — Schedules of Controlled Substances:                 3186. A letter from the Acting Director, Of-         Shelf (OCS) — Fixed and Floating Platforms
      Placement of Zopiclone Into Schedule IV                  fice of Congressional Affairs, Nuclear Regu-           and Structures and Documents Incorporated
      [Docket No. DEA-262F] received April 18,                 latory Commission, transmitting the Com-               by Reference (RIN: 1010-AC85) received July
      2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the          mission’s final rule — Export and Import of            19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to
      Committee on Energy and Commerce.                        Nuclear Equipment and Material: Nuclear                the Committee on Resources.
        3177. A letter from the Deputy Bureau                  Grade Graphite (RIN: 3150-AH51) received                 3198. A letter from the Assistant Secretary
      Chief, CGB, Federal Communications Com-                  July 21, 2005, pursuant to 5 U.S.C.                    for Fish, Wildlife and Parks, Department of
      mission, transmitting the Commission’s                   801(a)(1)(A); to the Committee on Inter-               the Interior, transmitting the Department’s
      final rule — Rules and Regulations Imple-                national Relations.                                    final rule — Endangered and Threatened
      menting the Controlling the Assault of Non-                3187. A letter from the Chairman of the              Wildlife and Plants; Designation of Critical
      Solicited Pornography and Marketing Act of               Board, Pension Benefit Guaranty Corpora-               Habitat for Astragalus jaegerianus (Lane
      2003 [CG Docket No. 04-53]; Rules and Regula-            tion, transmitting the semiannual report on            Mountain milk-vetch) (RIN: 1018-AI78) re-
      tions Implementing the Telephone Consumer                activities of the Inspector General of the             ceived April 5, 2005, pursuant to 5 U.S.C.
      Protection Act of 1991 [CG Docket No. 02-278]            Pension Benefit Guaranty Corporation for               801(a)(1)(A); to the Committee on Resources.




VerDate Aug 04 2004   03:21 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00047   Fmt 7634   Sfmt 0634   E:\CR\FM\L25JY7.000   H25JYPT1
      H6430                                              CONGRESSIONAL RECORD — HOUSE                                                           July 25, 2005
        3199. A letter from the Deputy Asst.                   pact of the Western Sarpy/Clear Creek, Ne-               3220. A letter from the Secretary, Depart-
      Admin. for Regulatory Programs, NMFS, Na-                braska flood reduction study; to the Com-              ment of Labor, transmitting the Depart-
      tional Oceanic and Atmospheric Administra-               mittee on Transportation and Infrastruc-               ment’s eleventh report on the impact of the
      tion, transmitting the Administration’s final            ture.                                                  Andean Trade Preference Act on U.S. trade
      rule — Magnuson-Stevens Fishery Conserva-                  3210. A letter from the Assistant Secretary          and employment from 2002 to 2003, pursuant
      tion and Management Act Provisions; Fish-                for Legislative Affairs, Department of Home-           to 19 U.S.C. 3205; to the Committee on Ways
      eries of the Northeastern United States;                 land Security, transmitting a report on the            and Means.
      Emergency Fishery Closure Due to the Pres-               Revised Deepwater Implementation Plan for                3221. A letter from the General Counsel,
      ence of the Toxin that Causes Paralytic                  2005, pursuant to Public Law 108–334; to the           Department of Defense, transmitting pro-
      Shellfish Poisoning (PSP) [Docket No.                    Committee on Transportation and Infra-                 posals of legislation as part of the National
      050613158-5158-01; I.D. 061305B] (RIN: 0648-             structure.                                             Defense Authorization Bill for Fiscal Year
      AT48) received July 13, 2005, pursuant to 5                3211. A letter from the General Counsel/             2006; jointly to the Committees on Armed
      U.S.C. 801(a)(1)(A); to the Committee on Re-             FEMA, Department of Homeland Security,                 Services and International Relations.
      sources.                                                 transmitting the Department’s final rule —               3222. A letter from the Secretary, Depart-
        3200. A letter from the Deputy Asst.                   Changes in Flood Elevation Determination               ment of Energy, transmitting a proposal of
      Admin. for Regulatory Programs, NMFS, Na-                [Docket No. FEMA-B-7452] received July 11,             legislation to amend section 161k of the
      tional Oceanic and Atmospheric Administra-               2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the        Atomic Energy Act of 1954 to provide execu-
      tion, transmitting the Administration’s final            Committee on Transportation and Infra-                 tive protection authorities for the Depart-
      rule — Fisheries of the Northeastern United              structure.                                             ment of Energy Federal protective force;
      States; Northeast Multispecies Fishery;                    3212. A letter from the Chief, Regulations           jointly to the Committees on Energy and
      Total Allowable Catches for Georges Bank                 and Administrative Law, USCG, Department               Commerce and the Judiciary.
                                                               of Homeland Security, transmitting the De-               3223. A letter from the Secretary, Depart-
      Cod, Haddock, and Yellowtail Flounder in
                                                               partment’s final rule — Security Zone; New             ment of Health and Human Services, trans-
      the U.S./Canada Management Area for Fish-
                                                               York Marine Inspection Zone and Captain of             mitting a report on timeframes for comple-
      ing Year 2005 [Docket No. 050331089-5172-02;
                                                               the Port Zone, New York Harbor [CGD01-05-              tion of site profiles of Department of Energy
      I.D. 031005A] (RIN: 0648-AS74) received July
                                                               025] (RIN: 1625-AA87) received May 26, 2005,           and Atomic Weapons Employer facilities,
      18, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to
                                                               pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-         pursuant to Public Law 108–375; jointly to
      the Committee on Resources.
                                                               mittee on Transportation and Infrastruc-               the Committees on Energy and Commerce
        3201. A letter from the Deputy Asst.
                                                               ture.                                                  and Education and the Workforce.
      Admin. for Regulatory Programs, NMFS, Na-
                                                                 3213. A letter from the Chief, Regulations             3224. A letter from the Regulations Coordi-
      tional Oceanic and Atmospheric Administra-               and Administrative Law, USCG, Department               nator, CMS, Department of Health and
      tion, transmitting the Administration’s final            of Homeland Security, transmitting the De-             Human Services, transmitting the Depart-
      rule — Fisheries of the Northeastern United              partment’s final rule — Anchorage Grounds;             ment’s final rule — Medicare Program; Com-
      States; Atlantic Herring Fishery [Docket No.             Anacortes General Anchorage and Cap Sante              petitive Acquisition of Outpatient Drugs and
      050112008-5102-02; I.D. 010605E] (RIN: 0648-             and Hat Island Tug and Barge General An-               Biologicals Under Part B [CMS-1325-IFC]
      AS23) received July 18, 2005, pursuant to 5              chorages, Anacortes, WA [CGD13-05-001]                 (RIN: 0938-AN58) received July 7, 2005, pursu-
      U.S.C. 801(a)(1)(A); to the Committee on Re-             (RIN: 1625-AA01) received June 8, 2005, pursu-         ant to 5 U.S.C. 801(a)(1)(A); jointly to the
      sources.                                                 ant to 5 U.S.C. 801(a)(1)(A); to the Committee         Committees on Energy and Commerce and
        3202. A letter from the Federal Liason Offi-           on Transportation and Infrastructure.                  Ways and Means.
      cer, PTO, Department of Commerce, trans-                   3214. A letter from the Chief, Regulations             3225. A letter from the Administrator, Na-
      mitting the Department’s final rule —                    and Administrative, USCG, Department of                tional Aeronautics and Space Administra-
      Changes to Implement the Patent Fee Re-                  Homeland Security, transmitting the De-                tion, transmitting a proposed amendment to
      lated Provisions of the Consolidated Appro-              partment’s final rule — Regulated Naviga-              the Iran Nonproliferation Act of 2000, Pub. L.
      priations Act, 2005 [Docket No.: 2003-P-026]             tion Area, Security Zone and Drawbridge Op-            106-178; jointly to the Committees on Inter-
      (RIN: 0651-AB54) received February 1, 2005,              eration Regulations; Port Everglades, FL               national Relations and Science.
      pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-           [CGD07-05-031] (RIN: 1625-AA11, 1625-AA87,               3226. A letter from the Chairman, Farm
      mittee on the Judiciary.                                 and 1625-AA09) received June 8, 2005, pursu-           Credit System Insurance Corporation, trans-
        3203. A letter from the Chairman, United               ant to 5 U.S.C. 801(a)(1)(A); to the Committee         mitting the Corporation’s annual report for
      States Parole Commission, Department of                  on Transportation and Infrastructure.                  calendar year 2004, pursuant to 12 U.S.C.
      Justice, transmitting a copy of the Commis-                3215. A letter from the Chief, Regulations           2277a–13; jointly to the Committees on Gov-
      sion’s Annual Report covering the period Oc-             and Administrative Law, USCG, Department               ernment Reform and Agriculture.
      tober 1, 2003 through September 30, 2004; to             of Homeland Security, transmitting the De-               3227. A letter from the General Accounting
      the Committee on the Judiciary.                          partment’s final rule — Security Zone: Port-           Office, transmitting a report entitled, ‘‘Cap-
        3204. A letter from the Assistant Attorney             land Rose Festival on Willamette River                 itol Power Plant: Actions Needed to Improve
      General, Department of Justice, transmit-                [CGD13-05-007] (RIN: 1625-AA87) received               Operating Efficiency’’; jointly to the Com-
      ting a report on the Workplace Effects from              June 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A);       mittees on House Administration and Appro-
      Violence Against Women, pursuant to Sec-                 to the Committee on Transportation and In-             priations.
      tion 1207 of the Violence Against Women Act              frastructure.                                            3228. A letter from the Director, Office of
      of 2000; to the Committee on the Judiciary.                3216. A letter from the Program Analyst,             Electricity and Energy Assurance, Depart-
        3205. A letter from the Rules Adminis-                 FAA, Department of Transportation, trans-              ment of Energy, transmitting a report con-
      trator, BOP, Department of Justice, trans-               mitting the Department’s final rule — Air-             taining the status of the programs and the
      mitting the Department’s final rule — Bu-                worthiness Standards; Bird Ingestion; Cor-             progress toward meeting the goal in pro-
      reau of Prisons Emergencies [BOP Docket                  rection [Docket No. FAA-1998-4815; Amend-              viding sufficient electricity to the Navajo
      No. 1117-F] (RIN: 1120-AB17) received June 1,            ment No. 23-54 and 33-20] (RIN: 2120-AF84) re-         Nation, pursuant to Public Law 106–511, sec-
      2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the          ceived May 18, 2005, pursuant to 5 U.S.C.              tion 602 (d) (114 Stat. 2377); jointly to the
      Committee on the Judiciary.                              801(a)(1)(A); to the Committee on Transpor-            Committees on Resources and Energy and
        3206. A letter from the Secretary, Judicial            tation and Infrastructure.                             Commerce.
      Conference of the United States, transmit-                 3217. A letter from the Associate Deputy               3229. A letter from the Secretary, Judicial
      ting a copy of a draft bill entitled, ‘‘To pro-          Administrator for Government Contracting               Conference of the United States, transmit-
      vide for the appointment of additional Fed-              and Business Development, Small Business               ting a draft bill entitled, ‘‘Federal Courts
      eral circuit and district judges, and for other          Administration, transmitting a report on the           Improvement Act of 2005’’; jointly to the
      purposes’’; to the Committee on the Judici-              Minority Small Business and Capital Owner-             Committees on the Judiciary and Govern-
      ary.                                                     ship program, pursuant to 15 U.S.C.                    ment Reform.
        3207. A letter from the Chairman, National             636(j)(16)(B); to the Committee on Small                 3230. A letter from the Secretary, Depart-
      Prison Rape Elimination Commission, trans-               Business.                                              ment of Health and Human Services, trans-
      mitting a request for additional time for the              3218. A letter from the Secretary, Depart-           mitting a report entitled, ‘‘The Use of Spe-
      submission of the National Rape Elimination              ment of Veterans Affairs, transmitting a               cific Claims Payment Error Rates to Im-
      Commission’s report; to the Committee on                 draft of proposed legislative changes to 38            prove Effectiveness and Performance of
      the Judiciary.                                           U.S.C. 8110(a); to the Committee on Vet-               Medicare Contractor Provider Education and
        3208. A letter from the Congressional Medal            erans’ Affairs.                                        Outreach Programs’’ in response to Section
      of Honor Society of the United States of                   3219. A letter from the Assistant Secretary          921(b) of the Medicare Prescription Drug, Im-
      America, transmitting the annual financial               for Health Affairs and Under Secretary for             provement, and Modernization Act of 2003,
      report of the Society for calendar year 2004,            Benefits, Departments of Defense and Vet-              Pub. L. 108-173; jointly to the Committees on
      pursuant to 36 U.S.C. 1101(19) and 1103; to the          erans Affairs, transmitting an interim report          Ways and Means and Energy and Commerce.
      Committee on the Judiciary.                              on the Department of Defense and Depart-                 3231. A letter from the Secretary, Depart-
        3209. A letter from the Assistant Secretary            ment of Veterans Affairs’ pilot program on             ment of Health and Human Services, trans-
      of the Army, Civil Works, Department of the              seperation physicals, pursuant to Public Law           mitting the report entitled ‘‘Coordinating
      Army, transmitting a copy of the the Final               107–107, section 734; to the Committee on              Care for Medicare Beneficiaries: Early Expe-
      Feasibility Report and Environmental Im-                 Veterans’ Affairs.                                     riences of 15 Demonstration Programs, their




VerDate Aug 04 2004   04:22 Jul 26, 2005   Jkt 039060   PO 00000   Frm 00048   Fmt 7634   Sfmt 0634   E:\CR\FM\L25JY7.000   H25JYPT1
      July 25, 2005                                      CONGRESSIONAL RECORD — HOUSE                                                                     H6431
      Patients, and Providers’’ in response to the             tive Procedure Act with respect to actions of                 By Mr. MORAN of Kansas:
      requirements Section 4016(c) of Public Law               the Committee for the Implementation of                  H.R. 3421. A bill to reauthorize the United
      105-33, the Balanced Budget Act of 1997;                 Textile Agreements; to the Committee on                States Grain Standards Act, to facilitate the
      jointly to the Committees on Ways and                    Ways and Means, and in addition to the Com-
                                                                                                                      official inspection at export port locations of
      Means and Energy and Commerce.                           mittee on the Judiciary, for a period to be
                                                                                                                      grain required or authorized to be inspected
        3232. A letter from the Under Secretary of             subsequently determined by the Speaker, in
                                                               each case for consideration of such provi-             under such Act, and for other purposes; to
      Commerce for Oceans and Atmosphere, Na-
                                                               sions as fall within the jurisdiction of the           the Committee on Agriculture.
      tional Oceanographic Partnership Program,
                                                               committee concerned.                                          By Mr. NEUGEBAUER:
      transmitting an annual report from the Na-
      tional Oceanographic Partnership Program                        By Ms. GINNY BROWN-WAITE of Flor-                 H.R. 3422. A bill to amend the United
      (NOPP) for 2005, pursuant to Public Law 104–                      ida (for herself, Ms. HOOLEY, Mr.             States Housing Act of 1937 to exempt small
      201; jointly to the Committees on Armed                           BARTLETT of Maryland, Mr. PLATTS,             public housing agencies from the require-
      Services, Resources, and Science.                                 Mr. BURTON of Indiana, and Mr. SNY-           ment of preparing an annual public housing
        3233. A letter from the Executive Office of                     DER):                                         agency plan; to the Committee on Financial
      the President, transmitting an interim re-                 H.R. 3417. A bill to amend title 10, United          Services.
      port on the National Symthetic Drugs Ac-                 States Code, to increase the maximum                          By Mr. PITTS (for himself, Ms. ESHOO,
      tion Plan; jointly to the Committees on Gov-             amount of education loans that may be re-                       Mrs. BONO, Mr. WHITFIELD, Mr.
      ernment Reform, the Judiciary, and Energy                paid on behalf of officers in the Selected Re-                  UPTON, Mr. PICKERING, Mr. FER-
      and Commerce.                                            serve who possess professional qualifica-                       GUSON, Mr. NORWOOD, Mr. STRICK-
        3234. A letter from the Chairman, Federal              tions, or are enrolled in programs of edu-
                                                                                                                               LAND, and Mr. DAVIS of Florida):
      Election Commission, transmitting the Com-               cation leading to professional qualifications,
      mission’s FY 2006 budget request, pursuant               in health professions that are needed criti-             H.R. 3423. A bill to amend the Federal
      to 2 U.S.C. 437d(d)(1); jointly to the Commit-           cally to meet wartime combat medical skill             Food, Drug, and Cosmetic Act with respect
      tees on House Administration, Appropria-                 shortages; to the Committee on Armed Serv-             to medical device user fees; to the Com-
      tions, and Government Reform.                            ices.                                                  mittee on Energy and Commerce.
        3235. A letter from the Chairman, Federal                     By Mr. EDWARDS:                                        By Mr. SESSIONS:
      Election Commission, transmitting 16 rec-                  H.R. 3418. A bill to amend the Reclamation
                                                                                                                        H.R. 3424. A bill to amend title 18, United
                                                               Wastewater and Groundwater Study and Fa-
      ommendations for legislative action, pursu-                                                                     States Code, with respect to interfering with
                                                               cilities Act to authorize the Secretary of the
      ant to 2 U.S.C. 438(a)(9); jointly to the Com-                                                                  the operation of an aircraft; to the Com-
                                                               Interior to participate in the Central Texas
      mittees on House Administration, the Judi-                                                                      mittee on the Judiciary.
                                                               Water Recycling and Reuse Project, and for
      ciary, Ways and Means, and Government Re-                other purposes; to the Committee on Re-                       By Mr. TANCREDO:
      form.                                                    sources.                                                 H.R. 3425. A bill to amend title 38, United
                      f                                               By Mr. GIBBONS:                                 States Code, to require mandatory HIV test-
         REPORTS OF COMMITTEES ON                                H.R. 3419. A bill to direct the Secretary of         ing of potential sources in the event of pos-
                                                               the Interior to dispose of certain public lands        sible occupational exposure to HIV in a De-
       PUBLIC BILLS AND RESOLUTIONS                            that are subject to mining operations in Per-          partment of Veterans Affairs medical facil-
        Under clause 2 of rule XIII, reports of                shing County, Nevada, to support sustain-
                                                                                                                      ity; to the Committee on Veterans’ Affairs.
      committees were delivered to the Clerk                   able development opportunities for the com-
                                                                                                                             By Mr. SENSENBRENNER (for him-
      for printing and reference to the proper                 munity in which the mining operations
                                                               occur through privatization of the lands al-                    self, Mr. HOYER, Mr. OWENS, Mr.
      calendar, as follows:                                                                                                    RAMSTAD, Mr. HYDE, Mr. COBLE, Mr.
                                                               lowing for productive post-mining land use
        Mr. THOMAS: Committee on Ways and                      that provides for economic development op-                      SMITH of Texas, Ms. ROS-LEHTINEN,
      Means. H.R. 3045. A bill to implement the                portunities and local government revenues,                      Mr. CONYERS, Mr. LANGEVIN, Ms.
      Dominican Republic-Central America-United                and for other purposes; to the Committee on                     PRYCE of Ohio, and Mr. REYNOLDS):
      States Free Trade Agreement (Rept. 109–182).             Resources.                                               H. Res. 378. A resolution recognizing and
      Referred to the Committee of the Whole                          By Mr. LEACH (for himself, Ms.                  honoring the 15th anniversary of the signing
      House on the State of the Union.                                  SLAUGHTER, Mr. BROWN of Ohio, Mrs.            of the Americans with Disabilities Act of
        Mr. BISHOP of Utah: Committee on Rules.                         MALONEY,       Mr.     HONDA,      Mr.        1990; to the Committee on the Judiciary, and
      House Resolution 379. Resolution providing                        MCDERMOTT, Mr. LYNCH, Mr. LARSON              in addition to the Committees on Education
      for consideration of the bill (H.R. 525) to                       of Connecticut, Ms. JACKSON-LEE of            and the Workforce, Transportation and In-
      amend title I of the Employee Retirement                          Texas, Ms. WOOLSEY, Mr. WEINER, Mr.
      Income Security Act of 1974 to improve ac-                                                                      frastructure, and Energy and Commerce, for
                                                                        HINCHEY, Ms. EDDIE BERNICE JOHNSON            a period to be subsequently determined by
      cess and choice for entrepreneurs with small
                                                                        of Texas, Mr. OLVER, Mr. RANGEL,              the Speaker, in each case for consideration
      businesses with respect to medical care for
                                                                        Mr. LANTOS, Mrs. MCCARTHY, Mrs.               of such provisions as fall within the jurisdic-
      their employees (Rept. 109–183). Referred to
                                                                        DAVIS of California, Mr. SERRANO,             tion of the committee concerned.
      the House Calendar.
        Mr. SESSIONS: Committee on Rules.                               Mr. SHERMAN, Ms. SCHAKOWSKY, Mr.                     By Mr. BLUMENAUER (for himself,
      House Resolution 380. Resolution providing                        FRANK     of    Massachusetts,     Mr.                 Mr. OBERSTAR, Mr. STRICKLAND, Mr.
      for consideration of the bill (H.R. 22) to re-                    GRIJALVA, Mr. MCGOVERN, Mr. MOORE                      RUPPERSBERGER, Mr. MORAN of Vir-
      form the postal laws of the United States                         of Kansas, Mr. MCNULTY, Mr. BER-                       ginia, Mr. NADLER, Mr. MARSHALL,
                                                                        MAN, Ms. DELAURO, Mr. SHAYS, Mrs.                      Mr. BACHUS, Mr. PETRI, Mr. RYAN of
      (Rept. 109–184). Referred to the House Cal-
      endar.                                                            CAPPS, Mr. PALLONE, Mr. LEWIS of                       Ohio, Mr. SNYDER, Ms. LEE, Mr. KIL-
                                                                        Georgia, Ms. LEE, Mr. PAYNE, Mr.                       DEE, Mr. CROWLEY, Ms. BALDWIN, Mr.
                      f
                                                                        NADLER,    Mrs.    NAPOLITANO,     Mr.                 VAN HOLLEN, Ms. EDDIE BERNICE
       PUBLIC BILLS AND RESOLUTIONS                                     OWENS, Mr. CONYERS, Mrs. TAUSCHER,                     JOHNSON of Texas, Mr. UDALL of New
        Under clause 2 of rule XII, public                              Mr. ANDREWS, Mr. FILNER, Mr.                           Mexico, Mr. MCDERMOTT, Mr. MAR-
      bills and resolutions were introduced                             GUTIERREZ, Mr. WYNN, Mr. HOLT, Mr.                     KEY, Mr. DOGGETT, Mr. MCCAUL of
                                                                        NEAL of Massachusetts, Ms. BALDWIN,                    Texas, Mr. HASTINGS of Florida, Mr.
      and severally referred, as follows:                               Mr. MEEKS of New York, Mr. ACKER-                      MANZULLO, Mr. ISSA, Mr. TOM DAVIS
            By Mr. BOEHLERT:                                            MAN, Mr. VAN HOLLEN, and Mr.                           of Virginia, Mr. HIGGINS, and Mrs.
        H.R. 3413. A bill to amend the Fair Labor                       KUCINICH):                                             MALONEY):
      Standards Act of 1938 to provide for an in-                H.R. 3420. A bill to save taxpayers money,
      crease in the Federal minimum wage, and for              reduce the deficit, cut corporate welfare,               H. Res. 381. A resolution congratulating
      other purposes; to the Committee on Edu-                 protect communities from wildfires, encour-            Lance Armstrong on his exceptional career
      cation and the Workforce.                                age Federal land management agency reform              upon his victory in the 2005 Tour de France
            By Mr. GARY G. MILLER of Cali-                     and accountability, and protect and restore            and retiring from professional cycling; to the
              fornia:                                          America’s natural heritage by eliminating              Committee on Government Reform.
        H.R. 3414. A bill to suspend temporarily the           the fiscally wasteful and ecologically de-                    By Mrs. CAPPS (for herself and Mr.
      duty on certain refracting and reflecting                structive commercial logging program on                         NADLER):
      telescopes; to the Committee on Ways and                 Federal public lands, restoring native bio-              H. Res. 382. A resolution expressing the
      Means.                                                   diversity in our Federal public forests, and           sense of the House of Representatives with
            By Mr. BAIRD:                                      facilitating the economic recovery and diver-          respect to the enforcement of restraining or-
        H.R. 3415. A bill to suspend temporarily the           sification of communities affected by the              ders; to the Committee on the Judiciary.
      duty on mixture of magnesium peroxide and                Federal logging program; to the Committee
      magnesium oxide containing 35 percent mag-               on Resources, and in addition to the Com-
                                                                                                                                       f
      nesium peroxide; to the Committee on Ways                mittees on Agriculture, and Education and
      and Means.                                               the Workforce, for a period to be subse-
            By Mr. WELLER:                                     quently determined by the Speaker, in each                              MEMORIALS
        H.R. 3416. A bill to prohibit the application          case for consideration of such provisions as
      of the foreign affairs exemption to the rule             fall within the jurisdiction of the committee           Under clause 3 of rule XII, memorials
      making requirements under the Administra-                concerned.                                             were presented and referred as follows:



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      H6432                                              CONGRESSIONAL RECORD — HOUSE                                                          July 25, 2005
        31. The SPEAKER presented a memorial of                  H.R. 764: Ms. CARSON.                                  H.R. 2961: Mr. MCINTYRE and Mr. SANDERS.
      the Legislature of the State of California,                H.R. 783: Mr. OLVER and Mr. PETERSON of                H.R. 2962: Mr. DEFAZIO, Mr. FOLEY, Mr.
      relative to Senate Joint Resolution No. 1 rel-           Minnesota.                                             FRANK of Massachusetts, Mr. HEFLEY, and
      ative to the Lemoore Military Operations                   H.R. 801: Mr. LANTOS.                                Mr. PASTOR.
      Area (MOA) Initiative; to the Committee on                 H.R. 827: Mr. CANTOR.                                  H.R. 2963: Mr. GRIJALVA, Mr. MCINTYRE,
      Armed Services.                                            H.R. 839: Ms. LEE, Mr. STARK, and Mr.                and Mr. HOLT.
        32. Also, a memorial of the Legislature of             BLUMENAUER.                                              H.R. 3037: Ms. BALDWIN.
      the State of Maine, relative to H.P.1157 Joint             H.R. 896: Mrs. NAPOLITANO, Mr. MICHAUD,                H.R. 3095: Mr. GARY G. MILLER of Cali-
      Resolution memorializing Congress to con-                Mr. HASTINGS of Florida, Ms. HARRIS, Mr.               fornia.
      tinue funding for the Community Develop-                 FOLEY, Mr. LANTOS, and Mr. JACKSON of Illi-              H.R. 3128: Mr. ROTHMAN, Mr. HONDA, and
      ment Block Grant program; to the Com-                    nois.                                                  Mr. MORAN of Virginia.
      mittee on Financial Services.                              H.R. 995: Mr. RYAN of Ohio.
                                                                                                                        H.R. 3132: Mr. SHAW, Ms. HART, Mr. GOODE,
        33. Also, a memorial of the Legislature of               H.R. 997: Mr. POMBO and Mr. REGULA.
                                                                                                                      Mr. LATHAM, Mr. GARY G. MILLER of Cali-
      the State of California, relative to Senate                H.R. 1002: Mr. SMITH of Washington.
                                                                                                                      fornia, Ms. PRYCE of Ohio, Mr. GENE GREEN
      Joint Resolution 7 relative to Equal Pay                   H.R. 1070: Mr. OTTER.
                                                                                                                      of Texas, Mr. OSBORNE,
      Day; to the Committee on Education and the                 H.R. 1079: Mr. WESTMORELAND, Mr. GOODE,
                                                               Mr. GUTKNECHT, and Mr. GOHMERT.                          Mr. WOLFf and Mr. REICHERT.
      Workforce.                                                                                                        H.R. 3135: Mr. PAUL, Mr. FOLEY, Mr. MAN-
        34. Also, a memorial of the Legislature of               H.R. 1120: Mr. FOLEY and Mr. GRIJALVA.
                                                                 H.R. 1175: Mr. ANDREWS.                              ZULLO, and Mr. GOODE.
      the State of Nevada, relative to Assembly
                                                                 H.R. 1188: Mr. MICHAUD, Mr. ALLEN, and                 H.R. 3144: Mr. MCCAUL of Texas.
      Joint Resolution No. 14, urging the Nevada
                                                               Mr. GENE GREEN of Texas.                                 H.R. 3146: Mr. WEXLER, Mr. THOMPSON of
      Congressional Delegation to introduce and to
                                                                 H.R. 1219: Mr. INGLIS of South Carolina.             Mississippi, Mr. ROTHMAN, and Mr. WILSON of
      support federal legislation mandating the re-
                                                                 H.R. 1240: Mr. PRICE of North Carolina.              South Carolina.
      porting of results of all clinical trials and
      the collection and analyis of the data by the              H.R. 1242: Ms. SCHAKOWSKY.                             H.R. 3150: Mr. BACHUS.
      appropriate federal agencies; to the Com-                  H.R. 1245: Mr. BASS and Mr. INSLEE.                    H.R. 3162: Mr. RUPPERSBERGER.
      mittee on Energy and Commerce.                             H.R. 1259: Ms. WASSERMAN SCHULTZ, Mr.                  H.R. 3195: Mr. PETERSON of Minnesota.
        35. Also, a memorial of the Legislature of             GRIJALVA, Mr. ACKERMAN, Mr. CROWLEY, Mr.                 H.R. 3205: Mrs. DRAKE, Mr. GENE GREEN of
      the State of Michigan, relative to House Res-            SERRANO, Mr. EMANUEL, Mr. RUPPERSBERGER,               Texas, Mr. EMANUEL, and Mr. PICKERING.
      olution No. 75 memorializing the Congress of             Mr. BARROW, Mr. RYAN of Ohio, Mr. ROSS,                  H.R. 3252: Ms. ZOE LOFGREN of California,
      the United States and the United States De-              Mr. MORAN of Virginia, Mr. NEAL of Massa-              Ms. HART, Mr. BISHOP of Utah, Mr. OWENS,
      partment of Health and Human Services to                 chusetts, Mr. ROGERS of Alabama, Mr.                   and Mr. CUMMINGS.
      move forward with the creation of a national             MCGOVERN, and Mrs. MILLER of Michigan.                   H.R. 3263: Mr. SMITH of Washington, Mr.
      cord blood stem cell bank; to the Committee                H.R. 1298: Mr. RAHALL, Mrs. BONO, and Mrs.           GOODE, Mr. PASTOR, Mr. BROWN of Ohio, Mr.
      on Energy and Commerce.                                  JO ANN DAVIS of Virginia.                              GENE GREEN of Texas, Mr. GRAVES, Mr.
                                                                 H.R. 1329: Mr. RANGEL and Mr. VAN                    MCDERMOTT, Ms. DELAURO, Mr. FARR, Mr.
                     f                                         HOLLEN.                                                DEFAZIO, Mr. UDALL of New Mexico, and Mr.
      ADDITIONAL SPONSORS TO PUBLIC                              H.R. 1366: Mr. RYAN of Ohio.                         DOGGETT.
                                                                 H.R. 1409: Mr. BERMAN and Mr. BISHOP of
           BILLS AND RESOLUTIONS                                                                                        H.R. 3267: Mr. LEWIS of Georgia.
                                                               Georgia.
                                                                                                                        H.R. 3323: Mr. WALDEN of Oregon, Mr.
        Under clause 7 of rule XII, sponsors                     H.R. 1421: Mr. BOOZMAN.
                                                                                                                      EMANUEL, Mr. HOLDEN, Mrs. MCCARTHY, Ms.
      were added to public bills and resolu-                     H.R. 1502: Mr. RANGEL.
                                                                                                                      JACKSON-LEE of Texas, Mr. WAMP, Mr.
      tions as follows:                                          H.R. 1510: Mr. KLINE.
                                                                                                                      LARSEN of Washington, Mr. RYUN of Kansas,
                                                                 H.R. 1566: Mr. COOPER.
        H.R. 5: Mr. PRICE of Georgia, Mr. ROGERS of              H.R. 1588: Mr. BERMAN and Mr. BOYD.                  Mr. MORAN of Virginia, Mr. BLUNT, Mr. MEE-
      Michigan, Mr. RENZI, Mr. PITTS, Mr. DREIER,                H.R. 1602: Mr. REICHERT and Mr. RYAN of              HAN, Mr. JENKINS, Mr. BROWN of Ohio, Mr.
      Mr. SHIMKUS, Mr. PORTER, Ms. HART, Mr.                   Ohio.                                                  DAVIS of Florida, and Mr. OWENS.
      HAYES, Mr. SHAYS, Mr. DENT, Mr. TIBERI, Mr.                H.R. 1636: Mr. FILNER.                                 H.R. 3361: Mr. MCCOTTER, Mrs. MALONEY,
      GARY G. MILLER of California, Mr. WEST-                    H.R. 1652: Mr. MEEKS of New York, Mr.                Mr. SOUDER, Mr. MCGOVERN, and Mr. ROGERS
      MORELAND, Mr. SAXTON, Mr. LATHAM, Mr.                    BECERRA, and Mr. MENENDEZ.                             of Michigan.
      TAYLOR of North Carolina, Mr. SAM JOHNSON                  H.R. 1688: Mr. ROTHMAN.                                H.R. 3381: Mr. LEVIN.
      of Texas, Mr. GILLMOR, Ms. GINNY BROWN-                    H.R. 1770: Mr. GARY G. MILLER of Cali-                 H.R. 3406: Mr. ENGEL.
      WAITE of Florida, Mr. GERLACH, Mr.                       fornia.                                                  H.J. Res. 59: Mr. FARR.
      HULSHOF, Mr. AKIN, Mr. TOM DAVIS of Vir-                   H.R. 1898: Mr. CARDIN.                                 H. Con. Res. 59: Mrs. MCCARTHY, Mr. CROW-
      ginia, Mr. ROYCE, Mr. BOUSTANY, Mrs.                       H.R. 1912: Mr. MCCAUL of Texas.                      LEY, and Mr. LEVIN.
      NORTHUP, Mrs. BLACKBURN, Mr. KUHL of New                   H.R. 1951: Mr. HOLT and Mr. HERGER.                    H. Con. Res. 85: Mr. ROTHMAN.
      York, Mr. SESSIONS, Mr. TURNER, Mr. KEN-                   H.R. 2047: Mr. GRIJALVA.                               H. Con. Res. 181: Mr. GERLACH, Mr. JONES
      NEDY of Minnesota, Mr. NEY, Mrs. BIGGERT,                  H.R. 2052: Mr. HOYER.                                of North Carolina, and Mr. GARRETT of New
      Mr. BARRETT of South Carolina, Mr. PENCE,                  H.R. 2053: Mr. HOYER.                                Jersey.
      Mr. OTTER, Mr. CUNNINGHAM, Mr. TAYLOR of                   H.R. 2076: Mr. KUHL of New York and Mr.                H. Con. Res. 195: Mr. MARSHALL, Mr. COSTA,
      Mississippi, Mr. NUSSLE, Mr. HASTINGS of                 WOLF.                                                  Mr. BARROW, Mr. DOYLE, and Mr. CAPUANO.
      Washington, Mr. EVERETT, Mr. GUTKNECHT,                    H.R. 2090: Mr. CASE.                                   H. Res. 17: Mr. HAYWORTH, Mr. HALL, Mr.
      Mr. SIMPSON, Mr. KLINE, Mrs. CAPITO, and                   H.R. 2206: Ms. MCCOLLUM of Minnesota and             CANNON, Mr. BUYER, and Mr. GALLEGLY.
      Mr. LAHOOD.                                              Mr. ETHERIDGE.                                           H. Res. 97: Mr. MCCAUL of Texas.
        H.R. 23: Mr. CAMP and Mr. TANCREDO.                      H.R. 2229: Mr. FRANKs of Arizona.
        H.R. 95: Ms. HERSETH.                                                                                           H. Res. 180: Mr. MICHAUD.
                                                                 H.R. 2238: Mr. BERRY.
        H.R. 97: Mr. GARRETT of New Jersey.                      H.R. 2325: Mr. FATTAH.                                 H. Res. 357: Mr. HAYWORTH, Mr. GARRETT of
        H.R. 98: Ms. HARRIS and Mr. GARRETT of                   H.R. 2331: Mr. TIERNEY.                              New Jersey, and Mr. BISHOP of Georgia.
      New Jersey.                                                H.R. 2335: Mr. TERRY.                                  H. Res. 360: Ms. BORDALLO, Mr. SCHWARZ of
                         ´
        H.R. 176: Ms. Velazquez.                                 H.R. 2498: Mr. JONES of North Carolina and           Michigan, Mr. SESSIONS, Mr. HALL, Mr.
        H.R. 269: Mr. EHLERS and Mr. ROGERS of                 Mr. CAMP.                                              FRANKs of Arizona, Mr. WEXLER, and Mr.
      Michigan.                                                  H.R. 2534: Mr. PAUL and Mr. RADANOVICH.              BACHUS.
        H.R. 303: Mr. TERRY.                                     H.R. 2646: Mr. OSBORNE.                                H. Res. 363: Mr. SANDERS and Mr. GUTIER-
        H.R. 408: Mr. GIBBONS.                                   H.R. 2680: Mr. ROSS and Ms. DELAURO.                 REZ.
        H.R. 515: Mr. RUPPERSBERGER and Mr.                      H.R. 2730: Mr. HIGGINS, Mr. WEXLER, and                H. Res. 368: Mr. PALLONE, Mr. WAXMAN, Mr.
      CLEAVER.                                                 Ms. SCHWARTZ of Pennsylvania.                          SOUDER, Mr. SALAZAR, Mr. TOWNS, Mr. DAVIS
        H.R. 543: Mr. BAKER.                                     H.R. 2794: Mr. LINDER, Mr. VISCLOSKY, Mr.            of Kentucky, Mr. HOLT, Ms. SCHAKOWSKY,
        H.R. 557: Mr. CALVERT and Ms. GINNY                    MCINTYRE, Mr. GREEN of Wisconsin, Mr.                  Mr. BERMAN, Mr. ROGERS of Michigan, and
      BROWN-WAITE of Florida.                                  PRICE of Georgia, Mr. GONZALEZ, Ms. ZOE                Mr. MCGOVERN.
        H.R. 560: Mr. WATT.                                    LOFGREN of California, Mr. BUTTERFIELD, Mr.              H. Res. 371: Mr. BOUSTANY, Mr. BURTON of
        H.R. 581: Mr. THOMPSON of California and               NORWOOD, Mr. HOLDEN, and Mr. GINGREY.                  Indiana, and Mrs. DRAKE.
      Mr. PALLONE.                                               H.R. 2803: Mr. KLINE, Mr. ROGERS of Ken-               H. Res. 374: Mr. SERRANO, Mr. MARIO DIAZ-
        H.R. 602: Mr. EMANUEL, Mr. TANCREDO, and               tucky, Mr. HAYWORTH, Mr. MILLER of North               BALART of Florida, Mr. JINDAL, Mr.
      Mr. KUCINICH.                                            Carolina, Mr. CLEAVER, Mr. SWEENEY, and                BEAUPREZ, Mr. SCHWARZ of Michigan, Mr.
        H.R. 687: Ms. GINNY BROWN-WAITE of Flor-               Mr. KOLBE.                                             SODREL, Mr. FEENEY, and Mr. PETRI.
      ida.                                                       H.R. 2830: Mr. PRICE of Georgia.                       H. Res. 375: Mr. SANDERS and Mrs. JONES of
        H.R. 713: Mr. WELDON of Pennsylvania.                    H.R. 2874: Mr. MCGOVERN and Mr. RYAN of              Ohio.
        H.R. 745: Mr. BOUSTANY.                                Ohio.                                                    H. Res. 376: Mr. PITTS.




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                                                         Congressional Record
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                                                                                                                                109 th CONGRESS, FIRST SESSION
        United States
         of America                                       PROCEEDINGS AND DEBATES OF THE


      Vol. 151                                                               WASHINGTON, MONDAY, JULY 25, 2005                                                             No. 102


                                                                                               Senate
        The Senate met at 1:01 p.m. and was                                         appoint the Honorable LAMAR ALEXANDER, a               DEWINE, JEFFORDS, MIKULSKI, LAUTEN-
      called to order by the Honorable                                              Senator from the State of Tennessee, to per-           BERG, DOLE, DURBIN, LEVIN, LIEBERMAN,
      LAMAR ALEXANDER, a Senator from the                                           form the duties of the Chair.                          BOXER, REED, CHAFEE, SMITH, COLLINS,
                                                                                                              TED STEVENS,
      State of Tennessee.                                                                                                                  STABENOW, OBAMA, AKAKA, SALAZAR,
                                                                                                           President pro tempore.
                                                                                                                                           DAYTON, BINGAMAN, WYDEN, BIDEN,
                                                   PRAYER                             Mr. ALEXANDER thereupon assumed                      ISAKSON, FEINGOLD, JOHNSON, NELSON
        The Chaplain, Dr. Barry C. Black, of-                                       the Chair as Acting President pro tem-                 of Florida, BROWNBACK, BURR, SNOWE,
      fered the following prayer:                                                   pore.                                                  and PRYOR be added as cosponsors of
        Let us pray.                                                                                  f                                    the resolution.
        Eternal God, who hears and answers                                                                                                   The ACTING PRESIDENT pro tem-
                                                                                      RESERVATION OF LEADER TIME
      prayers, teach us to pray. We confess                                                                                                pore. Without objection, it is so or-
      that we don’t know how to pray as we                                            The ACTING PRESIDENT pro tem-                        dered.
      ought. Our desires are deep and our                                           pore. Under the previous order, the                      Mr. HARKIN. Mr. President, tomor-
      language too shallow. Lord, look be-                                          leadership time is reserved.                           row, July 26, marks the 15th anniver-
      yond our words and see our hearts and                                           In my capacity as a Senator from                     sary of the signing of the Americans
      souls. Hear our thoughts as we wait pa-                                       Tennessee, I suggest the absence of a                  with Disabilities Act. Observances and
      tiently for Your providence.                                                  quorum.                                                celebrations are being held and will be
        Inspire our lawmakers today with                                              The clerk will call the roll.                        held all across the country. In fact, I
      Your presence. As they labor for lib-                                           The legislative clerk proceeded to                   attended three in Iowa over the week-
      erty, help them to find their highest                                         call the roll.                                         end. There will be a big celebration to-
      joy in Your purpose and will.                                                   Mr. HARKIN. Mr. President, I ask                     night at the Kennedy Center where I
        Bless the staff members who provide                                         unanimous consent that the order for                   look forward to introducing former
      the wind for the wings of our legisla-                                        the quorum call be rescinded.                          President George Bush, the signer of
      tors. Surround these often unsung he-                                           The ACTING PRESIDENT pro tem-                        the Americans with Disabilities Act,
      roes and heroines with Your peace.                                            pore. Without objection, it is so or-                  who will give the keynote address.
        We pray in Your wonderful Name.                                             dered.                                                   On this 15th anniversary, we cele-
      Amen.                                                                                           f                                    brate one of the great landmark civil
                                               f                                                                                           rights laws of the 20th century, a long
                                                                                    RECOGNIZING THE 15TH ANNIVER-                          overdue emancipation proclamation for
           PLEDGE OF ALLEGIANCE                                                       SARY OF THE AMERICANS WITH                           people with disabilities. We also cele-
        The Honorable LAMAR ALEXANDER led                                             DISABILITIES ACT                                     brate the men and women from all
      the Pledge of Allegiance, as follows:                                           The ACTING PRESIDENT pro tem-                        across America whose daily acts of her-
        I pledge allegiance to the Flag of the                                      pore. Under the previous order, the                    oism and protest and persistence and
      United States of America, and to the Repub-                                   Senate will proceed to the consider-                   courage moved this law forward to pas-
      lic for which it stands, one Nation under                                     ation of S. Res. 207, the Americans                    sage 15 years ago.
      God, indivisible, with liberty and justice for                                with Disabilities Act resolution, which                  In 1964, this country passed a civil
      all.                                                                          the clerk will report.                                 rights bill. After much struggle, after
                     f                                                                The legislative clerk read as follows:               the freedom riders and the marches in
           APPOINTMENT OF ACTING                                                      A resolution (S. Res. 207) recognizing and           places such as Selma, AL, that are
           PRESIDENT PRO TEMPORE                                                    honoring the 15th anniversary of the enact-            burned in our memories, we passed the
                                                                                    ment of the Americans with Disabilities Act            Civil Rights Act of 1964 which closed a
        The PRESIDING OFFICER. The                                                  of 1990.                                               long, disgraceful chapter of segregation
      clerk will please read a communication
                                                                                      The ACTING PRESIDENT pro tem-                        and discrimination, lack of equality of
      to the Senate from the President pro
                                                                                    pore. Under the previous order, there                  opportunity for Americans just based
      tempore (Mr. STEVENS).
                                                                                    will be 30 minutes of debate equally di-               on race, mostly, sex, creed, and na-
        The legislative clerk read the fol-
                                                                                    vided between the majority leader and                  tional origin.
      lowing letter:
                                                                                    the Senator from Iowa or their des-                      I can remember coming home on
                                                       U.S. SENATE,
                                                                                    ignees.                                                leave from the military some time
                                               PRESIDENT PRO TEMPORE,
                                               Washington, DC, June 25, 2005.         The Senator from Iowa.                               after that. I was with my brother
      To the Senate:                                                                  Mr. HARKIN. Mr. President, I ask                     Frank who had been totally deaf since
        Under the provisions of rule I, paragraph 3,                                unanimous consent that Senators KEN-                   early childhood. I had seen how he had
      of the Standing Rules of the Senate, I hereby                                 NEDY, HATCH, REID, CLINTON, MCCAIN,                    been discriminated against all of his


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

                                                                                                                                                                   S8767


                                                                       .

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      S8768                                             CONGRESSIONAL RECORD — SENATE                                                         July 25, 2005
      lifetime. I remember we were talking                     ADAP rolled their wheelchairs up to                    is a talking one with brail so that a
      about different things, and he men-                      the Capitol steps, and there were about                blind person can use the ATM machine.
      tioned the civil rights bill. He thought                 between 50 and 75 people. I don’t know                 So we now see people with seeing-eye
      it was all well and good. But then he                    the exact number. They got out of                      dogs going into restaurants to have a
      asked the question: What about us? I                     their wheelchairs and crawled up the                   meal. Fifteen years ago, a restaurant
      didn’t really know what he was talking                   steps of the Capitol; they crawled up                  could say, Get that dog out of here, we
      about.                                                   the steps. That hit the evening news,                  don’t allow it. Now they have to allow
         I said: Are you talking about us, me?                 all the newspapers, and the news maga-                 it.
         He said: What about us deaf people?                   zines, and then we heard from the                        Now we see people with disabilities
      We are discriminated against every day                   American public that this should not                   working jobs, traveling, enjoying life,
      in terms of where we can work, can go,                   be allowed to happen, that people with                 going to movies. Yesterday, I went to a
      how we get news, how we go to school.                    disabilities ought to have accessibility;              Cedar Rapids Colonels baseball game.
         I began to think about it as I finished               they ought to be able to participate in                It was disability day. They have a new
      my career in the military and through                    all aspects of our American life. And                  baseball stadium there; it is 4 years
      law school and coming here to Con-                       then we hammered out the bill and got                  old. It is one of the most accessible sta-
      gress. I thought, as I watched the                       it passed in the Senate and the House.                 diums I have ever seen in my life. All
      struggle of people with disabilities to                    As I said, on July 26, 1990, in a won-               kinds of people with disabilities can
      proclaim their involvement, that they                    derful ceremony, the biggest gathering                 come there and enjoy baseball games.
      should also be covered by the Civil                      for the signing of a bill in our Nation’s              That would not have been true before.
      Rights Act. So there were some minor                     history, people gathered on the lawn of                The old diamond had one place set
      steps taken. We had section 504 of the                   the White House for the signing of the                 aside down on the first base line with
      Rehab Act in 1973 before I got here.                     Americans with Disabilities Act by                     people walking in front of them all the
      Then after coming to the House in 1974,                  President George Bush. It was a great                  time. Now they are up high, and they
      we had the Education of Handicapped                      and joyous occasion.                                   have great seats in this stadium. So we
      Children Act, 94–142, which my good                        For all these years, after 1964, we                  see this all around us.
      friend, now Senator JEFFORDS, then                       thought we had torn down the walls of                    For those of us who are able-bodied,
      Congressman JEFFORDS, was very much                      segregation. But there was a group of                  we kind of take it for granted. It is not
      involved in getting passed in the House                  Americans for whom segregation was a                   a big deal out there that you have curb
      at that time. It later became known as                   daily occurrence, even after the Civil                 cuts or access to buildings. I walked
      IDEA, the Individuals with Disabilities                  Rights Act, for whom daily discrimina-                 into a hotel downtown a week or so
                                                               tion was a fact of life, for whom equal                ago, where the National Commission
      Education Act. That is how it is known
                                                               opportunity was just some words on                     on Independent Living, NCIL, was hav-
      today.
         Then there began a long struggle by                   paper. There was a group of Americans                  ing their national meeting. Four or
                                                               for whom access to the American                        five people with disabilities coming
      people with disabilities to gain their
                                                               dream was basically closed because of                  into the Hyatt pushed a button at the
      full participation in our society.
                                                                                                                      door, and they could get their wheel-
         This started in the late 1970s and                    their lack of participation in economic
                                                                                                                      chairs in and out. We don’t even think
      early 1980s. Then when I came to the                     opportunity and accessibility. These
                                                                                                                      about that. So it is a quiet revolution.
      Senate in 1984, 1985, it had been picking                were Americans with disabilities.                        My nephew, who is an architect, told
      up steam and momentum. Various                             I often put it this way: On July 25,
                                                                                                                      me a few years ago that now we are de-
      drafts of bills have been presented                      1990, if you were a person of color, say,
                                                                                                                      signing buildings the way they should
      about disability and this and that.                      and you went down to apply for a job
                                                                                                                      be designed—fully accessible to all. We
         Finally, it fell to me as chairman of                 for which you were qualified and the
                                                                                                                      also have closed captioning on tele-
      the Disability Policy Subcommittee at                    prospective employer looked at you
                                                                                                                      vision for the deaf and hard of hearing.
      that time to pull together the final                     and said, I am not hiring African
                                                                                                                      We can pick up our remote for the TV
      draft. Here I will pay my great respect                  Americans, or Black people, or prob-                   and punch the mute and see the words
      and admiration to former Senator Low-                    ably, in the contextual framework of                   come up, and we take it for granted.
      ell Weicker of Connecticut, who led the                  that time, I am not hiring colored peo-                But it has transformed lives in Amer-
      charge before I got here to change the                   ple, if he said that to you, you could                 ica. It has made us a better, richer,
      law to provide for an overarching law                    have gone right down to the court-                     more fair society. Now the American
      to cover people with disabilities in our                 house. The doors were open there, and                  family is much more complete than it
      country. But then Senator KENNEDY                        you could have filed suit for discrimi-                was before.
      asked me to join his committee and                       nation based on the Civil Rights Act of                  So on this, the 15th anniversary, I
      take over the chairmanship of the dis-                   1964. If, however, on July 25, 1990, you               say thank you to the disabled commu-
      ability subcommittee, which I did, with                  were a person with a disability and you                nity of America for their long years of
      the great help of wonderful staff, in-                   went to a prospective employer for a                   struggle and protest, for the hardships
      cluding Bobby Silverstein and others.                    job for which you were qualified—say                   they went through just to make sure
      We were able to get the words on paper,                  you rode a wheelchair in there and the                 they were treated equally in our soci-
      put it together. It was a pretty long                    employer looked at you and said, We                    ety. I always point out that in the
      struggle.                                                don’t hire cripples, get out of here, and              ADA, there is not one nickel given to a
         It was not a foregone conclusion that                 you rolled your wheelchair down to the                 person with a disability. It is not any
      we could ever pass it. But there were                    same courthouse door. The doors were                   kind of giveaway program. All it does
      acts of heroism. I can remember when                     locked; they were closed. You had no                   is break down the barriers. People with
      people with disabilities started coming                  cause of action. It was not illegal to                 disabilities now can apply their God-
      to Washington to protest. Sometimes                      discriminate on the basis of disability                given talents and their abilities and
      they would plug the corridors in the                     on July 25, 1990. On July 26, after Presi-             contribute to our society. So it is quite
      Dirksen Office Building, and the police                  dent Bush signed it into law, the court-               a step forward for America. We have a
      would have to clear them out. Many                       house doors were opened. No longer                     lot to be proud of and a lot to be
      got arrested. I remember a man named                     would it be legal to discriminate on the               thankful for. But I must say that we
      Dwayne French, who came from Alaska                      basis of disability in our society.                    are not totally to where we wanted to
      to demonstrate, protest, and demand                        So for the last 15 years, we have seen               be.
      equal rights under the law. He got ar-                   what I call a quiet revolution taking                    We had four goals when we passed the
      rested and thrown into jail.                             place in America. Look around you.                     ADA. One was economic self-suffi-
         I tend to think the one thing that                    You see the curb cuts, ramps, widened                  ciency. Fifteen years later, over 60 per-
      really crystalized what we were trying                   doors, elevators that are accessible,                  cent of Americans with disabilities are
      to do in terms of full participation, ac-                and people with disabilities can get on                still unemployed, without a job. That
      cessibility, of nondiscrimination and                    and off buses. I was in Iowa this week-                is still a national disgrace. So I hope
      breaking down barriers—the one event                     end and went to an ATM machine to                      we use this occasion of this 15th anni-
      was when Bob Kofka and the group                         get some money, and the ATM machine                    versary, yes, to look at the great



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                S8769
      strides we have made and how far we                        Mr. SMITH. Mr. President, in Oregon                    Tomorrow we should all be reminded
      have come but also to recommit our-                      it is estimated that there are 433,000                 that equal opportunity is not a privi-
      selves to make the ADA really com-                       people living with disabilities, and I                 lege, but a fundamental right of every
      plete. We have to do more in terms of                    am pleased to be here today to rep-                    American.
      job training, personal assistance serv-                  resent them by recognizing and hon-                      I hope my colleagues will join me in
      ices, and accessibility so that people                   oring the 15th anniversary of the                      support of this resolution.
      with disabilities can have more jobs.                    Americans with Disabilities Act.                         Mr. KERRY. Mr. President, 15 years
      Sixty percent unemployment is not                          The Americans with Disabilities Act                  ago a Democratic Congress and a Re-
      right. So I hope we will redouble our                    will turn 15 years old tomorrow. This                  publican President passed the Ameri-
      commitment to getting this next step                     act stands as one of the most success-                 cans with Disabilities Act, a critical
      passed.                                                  ful civil rights laws in our history.                  step in our journey toward civil rights
        The ACTING PRESIDENT pro tem-                          This law has opened the doors of                       for all.
      pore. The Senator’s time has expired.                    schools, polling places, and countless                   The ADA represented Washington at
        Mr. HARKIN. Mr. President, I ask                       other public facilities to our Nation’s                its best—both parties coming together,
      unanimous consent that the Senator                       disabled population. The law is and will               ignoring the special interests, and
      from Vermont be given 10 minutes to                      continue to be the platform for mil-                   passing groundbreaking legislation to
      make his statement at this point.                        lions of Americans to realize our Na-                  help people in dire need. Differences
        The ACTING PRESIDENT pro tem-                          tion’s goals of equality of opportunity,               were set aside as we united in common
      pore. Without objection, it is so or-                    economic self-sufficiency, full partici-               respect for all Americans, regardless of
      dered.                                                   pation, and independent living.                        physical, cognitive, or emotional abili-
        The Senator from Vermont is recog-                       Fifteen years ago it was often a                     ties. We made a strong statement of
      nized.                                                   dream for the 54 million Americans                     our collective belief that in America,
        Mr. JEFFORDS. Mr. President, to-                       with disabilities to participate in our                all citizens have the right to look at
      morrow marks a milestone for the                         Nation’s daily life. However, the ADA                  the future with infinite possibility.
      Americans with Disabilities Act, ADA.                    helped these people by removing bar-                   And I think we can all agree the ADA
      July 26 is the 15th anniversary of the                   riers in employment, transportation,                   has been a remarkable success.
      ADA’s enactment into law.                                public services, telecommunications,                     On this anniversary, I think it is ap-
        The ADA is one of the most signifi-                    and public accommodations. The act                     propriate to recognize those leaders
      cant initiatives to become law during                    stands as a tribute to the hard work of                who took the momentum from decades
      my 30 years in the Congress.                             all of the individuals who brought light               of struggle that had only led to small
        As a Member of the House I was an                      to the plight of the disabled before and               legislative advances, and turned it into
      original cosponsor the first time the                    after this legislation was passed.                     one of the crowning achievements in
      ADA bill was introduced in 1988.                           For years, people with disabilities                  civil rights law. My distinguished col-
        Although ADA did not pass during                       were viewed as people in need of help                  leagues Senators HARKIN and KENNEDY,
      that Congress, action on the ADA leg-                    rather than contributors to our coun-                  my former colleague Senator Dole and
      islation would not have to wait much                     try. The passage of the ADA finally                    former President Bush, and organiza-
      longer.                                                  moved us to change our attitudes and                   tions like DREDF, CCD, NICL and
        Under the extraordinary citizen lead-
                                                               open doors for people with disabilities.               ADAPT, among others, showed such in-
      ership of the late Justin Dart, former                     In Oregon one of the people who has                  credible leadership. And we would not
      Representative Tony Coehlo, Rep-                         been truly touched by this act is Vail                 have gotten anywhere if the members
      resentative STENY HOYER, former Sen-                     B. Horton. Vail is the founder and CEO                 of the disabilities community had not
      ate Majority Leader Bob Dole, my col-                    of a company called Keen Mobility.                     set all disparate opinions aside to
      league Senator TOM HARKIN, and then                      Using his disability as motivation, Vail               speak with one voice.
      President George H.W. Bush, the ADA                      created his company, Keen Mobility,                      Fifteen years after passage of the
      became law in 1990.                                      which develops, produces, and distrib-                 ADA, we find that the challenge of
        Another important factor that led to
                                                               utes innovative, functional and attrac-                high unemployment, poverty, poor
      the passage of the ADA was the
                                                               tive assistive devices that empower in-                housing, and limited educational op-
      staunch commitment of many diverse
                                                               dividuals by enhancing mobility, bring-                portunities still plagues people with
      organizations.
        The ADA is an excellent illustration                   ing greater independence and providing                 disabilities in America. If should not
      as to how bipartisanship, combined                       new opportunities.                                     be this way. I hope that all of us, who
                                                                 Vail is also a board member for Prov-                15 years ago believed that to exclude
      with the outstanding efforts of our Na-
                                                               idence Child Center for the Medically                  persons with disabilities from our
      tion’s citizenry, can lead to a landmark
                                                               Fragile Children Foundation and Board                  schools, restaurants, or job force was
      change that can positively impact peo-
                                                               member for YMCA of Columbia-Wil-                       un-American, are reminded as we cele-
      ple’s lives for centuries to come.
        The ADA has literally opened doors                     lamette. I have personally recognized                  brate this anniversary that there is
      that were closed prior to 1990, which                    him as an Oregon health care hero. As                  still much work left to be done.
      has reaped great benefits for all of us.                 founder and CEO of Keen Mobility, Vail                   Today, we must go beyond congratu-
        In 1990, the largest Vermont employ-                   built the company from inception into                  lating all the pioneers in this move-
      ment agency successfully placed 505                      a team of 16, with three product lines                 ment for this extraordinarily special
      disabled individuals with employers. As                  focused on safety and mobility for the                 anniversary. We must also reaffirm
      of last year, that successful placement                  disability community.                                  that the Congress stands ready to be
      rate had increased almost threefold.                       Vail is a true hero and I am happy to                the leading force in protecting and
        Individual and economic empower-                       say that the 250,000 families with mem-                strengthening this law—never under-
      ment is the ongoing legacy of the ADA.                   bers who have a disability in Oregon,                  mining it. Let us all commit to redou-
        Although       many      great   trans-                like his, can see the many signs of our                bling our efforts to serve this impor-
      formations have occurred since ADA’s                     progress. However, we must continue                    tant community and this crucial cause.
      birth 15 years ago, there is room for                    our ongoing efforts to see that persons                  Mr. AKAKA. Mr. President, I join my
      improvement.                                             with disabilities are allowed to be ac-                colleagues in commemorating the 15th
        The ADA needs to be protected and                      tive in our society. Whether they are                  anniversary of the Americans with Dis-
      its spirit of inclusion and opportunity                  friends, neighbors or family, persons                  abilities Act. I thank my friend from
      should be extended.                                      with disabilities are no longer consid-                Iowa, Senator HARKIN, for sponsoring a
        I thank Senator HARKIN for bringing                    ered second class citizens. Every day                  resolution recounting the history and
      the ADA birthday resolution to the full                  persons with disabilities are dem-                     accomplishments under this landmark
      Senate. I am proud to join him in wish-                  onstrating their abilities and making                  act for countless individuals in the
      ing the ADA a very happy birthday.                       real contributions. People with disabil-               United States. I am pleased to be a co-
        Mr. President, I hope we have others                   ities are no longer excluded, and be-                  sponsor of this resolution.
      come to speak who are as excited as I                    cause of that America is a stronger                      The enactment of the Americans
      am.                                                      country.                                               with Disabilities Act, ADA, on July 26,



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      S8770                                             CONGRESSIONAL RECORD — SENATE                                                        July 25, 2005
      1990, was a milestone and continues to                   antees equal opportunity for people                    ever, with great determination and
      serve the more than 54 million individ-                  with disabilities in employment, trans-                courage, Shirley has established a life
      uals with disabilities in our country                    portation,    public    services,    tele-             full of meaning surrounded by people
      today. These individuals are now able                    communications, and public accom-                      who love and care for her. She would
      to better participate in society thanks                  modations.                                             have it no other way.
      to the removal of barriers in areas such                   Over the past 15 years, the ADA has                     At age 3, Shirley moved to Pinecrest
      as employment, transportation, public                    provided opportunity and access for the                Developmental Center in central Lou-
      services, telecommunications, and pub-                   54 million Americans with disabilities.                isiana. She received care while living
      lic accommodations under the ADA.                        The passage of ADA resulted from a                     at Pinecrest, but she never learned to
      Prior to the passage of the act, it was                  long struggle by Americans with dis-                   take care of herself. In 1997, at age 31,
      much more common for disabled Amer-                      abilities to bring an end to their infe-               Shirley received an MR/DD waiver
      icans to encounter prejudice, discrimi-                  rior status and unequal protection                     which enabled her to move from
      nation, and physical exclusion in their                  under law. Prior to passage of this                    Pinecrest into her own apartment in
      everyday lives. The Americans with                       landmark civil rights legislation, these               the New Orleans area where she con-
      Disabilities Act marks the culmination                   Americans routinely faced prejudice,                   tinues to receive 24-hour support.
      of a civil rights movement that keeps                    discrimination, and exclusion—not to                      Shirley is now able to attend church
      faith with the spirit of our forefathers,                mention physical barriers in their ev-                 where she has made lifelong friends. In
      who believed in the unalienable rights                   eryday lives. Now these Americans                      addition, she volunteers at another
      of all individuals.                                      have an opportunity to participate                     church where she assists staff in pass-
         Under the ADA, my home State has                      more fully in our national life.                       ing out lunches to children enrolled in
      become a leader in providing new and                       We recognize, however, our work is                   vacation Bible study, sending mail out
      updated facilities for individuals with                  not finished. We still need to do more                 to parishioners, and welcoming people
      disabilities. An estimated 148,000 people                for people with disabilities. In addition              to the services each Sunday. She helps
      in Hawaii are living with a disability,                  to removing the physical barriers, we                  her neighborhood association by water-
      and an estimated 22,000 people have dif-                 must also change attitudes. People                     ing the flowers to the entrance to her
      ficulty performing self-care activities,                 with disabilities—like all people—have                 apartment complex on a regular basis.
      such as dressing, bathing, or mobility                   unique abilities, talents, and aptitudes.                 Living on her own has enabled Shir-
      inside the home according to the 2003                    And America is better, fairer, and rich-               ley to travel, which is something that
      American Community Survey.                               er when we make full use of those gifts.               she was unable to do while living in an
         Since the passage of the ADA, Hawaii                    As we celebrate this historic accom-                 institution. She loves to vacation in
      has modified more than 5,000 curb                        plishment, I encourage all Americans                   Biloxi and on the beaches of Florida.
      ramps and built 3,000 new curb ramps                     to work towards increased recognition                  She is constantly looking for new
      for better accessibility throughout the                  and understanding of the manner in                     places to go and for new adventures. If
      State. No one should be denied access                    which the physical and social environ-                 Shirley has it her way, she will con-
      to buses, sidewalks, or parks, and I am                  ment can pose discriminatory barriers                  tinue to soak up the Sun on the gulf
      pleased to say that Hawaii is one of the                 to people with disabilities.                           coast and explore new frontiers for
      leaders in ensuring that everyone has                      Ms. LANDRIEU. Mr. President, I rise                  years to come.
      an equal opportunity to participate in                   today to commemorate the 15th anni-                       In sum, Shirley is known and loved
      society. By next year, Hawaii’s public                   versary of the Americans with Disabil-                 by hundreds in her community now.
      sector will be almost 100-percent acces-                 ities Act. On this day in 1990, President              She has a sense of belonging and secu-
      sible and, as of today, 70 percent of the                George H.W. Bush signed this monu-                     rity that she has never experienced be-
      private sector has addressed or is ad-                   mental piece of legislation into law                   fore. Her life is full of people who care
      dressing the needs of the disabled, ac-                  guaranteeing equal opportunity for                     for her, and she continues to make
      cording to a nationally recognized ADA                   people with disabilities in public ac-                 wonderful progress in living in her own
      consultant.                                              commodations, commercial facilities,                   home to this day. Shirley Adams is
         I join the more than 40 million dis-                  employment, transportation, State and                  clearly an inspiration to anyone who
      abled Americans who have been helped                     local government services, and tele-                   wants to explore their surroundings
      by the ADA in saying mahalo to those                     communications.                                        and lead a very happy life surrounded
      who championed this historic piece of                      One out of every five Americans                      by loved ones in their community.
      legislation. In particular, the tireless                 today suffers from a disability. In the                   Shirley and thousands of others in
      efforts of Justin Dart, Jr. His courage                  national workforce, there are currently                Louisiana now live a full and complete
      and dedication as a disability rights                    4 million men and 31⁄2 million women                   life. The ADA gives people with disabil-
      advocate is exemplary in protecting                      with disabilities employed. We have                    ities such as Shirley a vehicle to re-
      the civil rights of disabled Americans.                  made noteworthy strides in granting                    quest and secure the accommodations
      Mr. Dart has inspired future genera-                     equal rights to those with disabilities.               they need for both physical and pro-
      tions of disabled Americans to reach                     However, we still have tremendous                      grammatic access to life in Louisiana.
      their full potential as active and en-                   work to do to decrease the 70 percent                     In 1990, when the ADA was passed,
      gaged members of society.                                unemployment rate for people with sig-                 Louisiana spent nothing on home and
         The work of my fellow Senators HAR-                   nificant disabilities.                                 community-based services for people
      KIN and KENNEDY in the Senate, as well                     In my own State of Louisiana, 710,000                with disabilities such as Shirley. In
      as Representative HOYER in the House,                    people over the age of 5 were reported                 2003 alone, Louisiana spent $157,447,900.
      must also be recognized in addition to                   to have a disability. This means that                  These services, inspired by the spirit of
      everyone else who pushed for this legis-                 14.8 percent of the population in Lou-                 equality established by the ADA, allow
      lation. It was my great privilege to                     isiana suffers from some form of dis-                  thousands of Louisiana’s citizens with
      vote in favor of the conference report                   ability.                                               disabilities the opportunity to live
      when it passed in the Senate on July                       There are thousands of stories that                  their lives as contributing, partici-
      13, 1990. Our collaborative work in Con-                 capture the significance of this meas-                 pating members of our society.
      gress to push the ADA through to pas-                    ure to people around this country, but                    In addition, there are now 3,170 aging
      sage showed a strong commitment to                       I want to highlight just one. Shirley                  or elderly individuals receiving home
      civil rights and equality. Millions of                   Adams is a constituent of mine, and                    and community-based services that
      Americans are forever grateful for the                   she typifies the impact that the ADA                   allow them to remain in their own
      chance they now have to live a better                    can have on a person’s life.                           homes.
      life.                                                      Shirley’s road to inclusion into her                    The ADA impacts the daily lives of
         Mr. LAUTENBERG. Mr. President, I                      community was long and filled with ob-                 my constituents living with disabilities
      rise to commemorate the 15th anniver-                    stacles. She is a woman with many la-                  and for that reason I want to applaud
      sary of the Americans with Disabilities                  bels—profound mental retardation, vis-                 the honorable work being done due to
      Act. I am proud to be a cosponsor of                     ual impairment, a history of seizures, a               the enactment of this legislation while
      this landmark legislation which guar-                    rare bone ailment, and nonverbal. How-                 not losing sight of the fact that we



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                 S8771
      must work harder to help all disabled                    modations, in transportation, and in                   She had polio as a child. She uses a mo-
      persons have equal civil rights and the                  communications services.                               torized scooter now, but for many
      job opportunities they deserve.                             I credit the passage of this legisla-               years, Ann walked with crutches. As
        Mr. KYL. Mr. President, I express                      tion to the millions of disabled Ameri-                anyone who has ever used crutches
      support for the Senate resolution hon-                   cans, all of whom benefit from the                     knows, they can wear you out pretty
      oring the 15th anniversary of the                        ADA. It was their dedication, deter-                   quickly.
      Americans with Disabilities Act. This                    mination and courage that made the                       Before the ADA, when Ann Ford
      piece of legislation is a celebration of                 difference. They took the time to edu-                 needed to go to the grocery store, she
      the uniquely American notion that all                    cate their members of Congress about                   would first make a very careful list,
      of our citizens can contribute to soci-                  why the Americans With Disabilities                    then plot out her shopping as effi-
      ety if we provide them with the tools                    Act was necessary. And they made a                     ciently as possible so that she could
      and opportunities they need. Since the                   convincing case to many of us. That                    buy what she needed in 20 minutes and
      law was enacted in 1990, some 54 mil-                    dedication is why we are celebrating                   be back home before she ran out of en-
      lion disabled Americans have had bet-                    the 15th anniversary of the passage of                 ergy.
      ter opportunities for employment and                     this law today.                                          Shortly after the ADA was enacted,
      education. Our public spaces and trans-                     In Utah, I have a disabilities advisory             the manager of the grocery store where
      portation systems have been improved                     committee that keeps me abreast of all                 she shopped pointed out a new electric-
      to ensure access to everyone. The                        issues of interest to the disability com-              powered scooter the store had pur-
      Americans with Disabilities Act gives                    munity. I must pay great tribute to the                chased, and asked Ann if she would like
      all people the opportunity to enjoy                      members of this committee as well, for                 to use it. Well, Ann Ford shopped for
      what American society has to offer,                      it is their insights that have helped me               an hour and half that day. She went up
      and it has changed public attitudes.                     to reach a better understanding of the                 and down every aisle in that store. She
      The perception of helplessness and de-                   partnership our Government must un-                    said later she had no idea how many
      pendency has been largely replaced by                    dertake to promote initiatives benefit-                things you could buy in a grocery
      a recognition that, with the aid of ap-                  ting the disabled.                                     store.
                                                                  I am pleased to be a supporter of the                 By removing physical barriers, the
      propriate accommodations, disabled
                                                               resolution before the Senate today and                 ADA is helping to reduce some of the
      Americans can participate fully in all
                                                               urge colleagues to support the passage                 isolation and prejudice that people
      fields of civic life.
        In commending all those involved in                    of this resolution.                                    with disabilities too often have to bat-
                                                                  Mr. DURBIN. Mr. President, earlier                  tle. It provides people with disabilities
      the passage of this legislation, we
                                                               this month, America celebrated the                     a degree of autonomy and dignity that
      should take time to single out then
                                                               41st anniversary of the Civil Rights Act               everyone deserves. That is progress,
      Senate Majority leader Bob Dole. Sen-
                                                               of 1964. Next month, we will celebrate                 and that is worth celebrating.
      ator Dole’s sacrifice for his country
                                                               the 40th anniversary of the Voting                       But we still have a long way to go.
      and service in the Congress prove that
                                                               Rights Act, one of the most important                  The physical barriers are disappearing,
      disability need not be debilitating.                                                                            but there are other, subtler barriers
        I admire the courage and persever-                     civil rights victories in our Nation’s
                                                                                                                      that continue to prevent far too many
      ance of the millions of Americans who                    history. Those are two of the most im-
                                                                                                                      Americans with disabilities from par-
      live with disabilities every day. This                   portant achievements in civil rights in
                                                                                                                      ticipating fully in their communities
      resolution celebrates not only the pas-                  our Nation since the ratification of the
                                                                                                                      and in the workplace.
      sage of the ADA, but also the positive                   Bill of Rights. Today, I want to reflect                 As Senator HARKIN noted, the unem-
      contributions that all Americans make                    for a few minutes on another critically                ployment rate for people with disabil-
      to our society.                                          important achievement in civil rights:                 ities is still 60 to 70 percent—the same
        Mr. HATCH. Mr. President, I rise, in                   the enactment 15 years ago this week                   place it was a decade ago. That has to
      support of S. Res. 207, the Americans                    of the Americans with Disabilities Act.                change. Most people with disabilities
      with Disabilities Act resolution com-                       I recently saw a young man wearing                  want to work, and have to work. ADA
      memorating the 15th anniversary of                       a T-shirt. In large letters on the front               mandates access but we can’t legislate
      the signing of the law.                                  of his shirt were the words: ‘‘The ADA                 attitudes. And it is the lingering preju-
        As one of the original authors of the                  . . .’’ On the back, the shirt read, ‘‘. . .           dice or ignorance about disabilities
      Americans with Disabilities, ADA, I                      boldly going where everyone else has                   that contributes to this stubbornly
      am a proud cosponsor of this important                   already been.’’ I think that young                     high unemployment rate.
      resolution. I am pleased that the Sen-                   man’s T-shirt sums up the ADA pretty                     Congress can mandate access. With
      ate took the time today to remember                      well.                                                  the stroke of his pan, the President can
      the passage of landmark legislation                         The Americans with Disabilities Act                 outlaw overt acts of discrimination.
      which changed the lives of disabled in-                  does not grant people with disabilities                But the next step in this civil rights
      dividuals across the country. I am also                  any special status or position. To the                 struggle—integrating people with dis-
      pleased to stand with my colleague,                      contrary, it simply removes certain                    abilities into our workplaces—is a step
      Senator HARKIN, who did so much to                       barriers that for too long had made it                 we must choose.
      advance this legislation in 1990, and in-                difficult—if not impossible—for people                   Failure to make the greatest possible
      deed, to nurture its implementation                      with disabilities to make the most of                  use of the skills and talents of people
      ever since.                                              their God-given skills and abilities,                  with disabilities hurts them. It hurts
        When this legislation was being de-                    and to participate fully in their com-                 their families. It hurts all of us. Think
      bated on the Senate floor back in 1990,                  munities and in the workplace.                         for a moment. Where would America be
      I told my colleagues that I believed                        Before the ADA, if you needed a hair-               today had we not had Franklin Delano
      that the Americans with Disabilities                     cut, if you needed to see a doctor, if                 Roosevelt to help pull us through the
      Act would be good for all America. And                   you just wanted to meet a friend for a                 Great Depression? Dorothea Lange, the
      15 years later, I feel the same way.                     cup of coffee, you probably had to rely                great photojournalist, walked with a
        The Americans with Disabilities Act                    on family, friends, or a social service                limp as a result of childhood polio. How
      has done so much for the disabled com-                   agency. Very few transit systems in                    much less we might know about our
      munity throughout our country—due                        this country had buses or trains that                  own national history had she not cap-
      to this law, the lives of disabled indi-                 were accessible to people using wheel-                 tured it on film for us? How much poor-
      viduals have improved dramatically.                      chairs. Today, thanks to the ADA, that                 er would the world be without the bril-
        When Congress passed the Americans                     has changed. If you need go somewhere,                 liant insights of Stephen Hawking?
      with Disabilities Act in 1990, we knew                   you can go to a comer, catch a bus, and                How much poorer we would all be artis-
      that this bill would make a difference.                  be on your way.                                        tically and emotionally if we had never
      As a result of the passage of this bill,                    Let me tell you another story about                 heard Ray Charles sing ‘‘America the
      valuable resources were dedicated to                     the difference the ADA has made. Ann                   Beautiful?’’
      improving the lives of the disabled                      Ford lives near my hometown, Spring-                     We need to tear down the subtler bar-
      through employment, in public accom-                     field, IL. She is a grandmother now.                   riers that prevent far too many people



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      S8772                                             CONGRESSIONAL RECORD — SENATE                                                            July 25, 2005
      with disabilities from participating                                    SCHEDULE                                  Inhofe-Collins amendment No. 1312, to ex-
      fully in our economy. Not just because                                                                          press the sense of Congress that the Presi-
                                                                 Mr. MCCONNELL. Mr. President, I                      dent should take immediate steps to estab-
      it is the right thing to do, but because                 welcome everyone back for the remain-                  lish a plan to implement the recommenda-
      it is the smart thing to do.                             ing time of this work period. This will                tions of the 2004 Report to Congress of the
        I want to make one final point. I                      be the last week before the August re-                 United States-China Economic and Security
      mentioned that the Americans with                        cess, we expect.                                       Review Commission.
      Disabilities Act is part of a tradition of                 It will be a busy week. Today we                       Inhofe-Kyl amendment No. 1313, to require
      important civil rights achievements.                                                                            an annual report on the use of United States
                                                               begin with a resolution regarding the                  funds with respect to the activities and man-
      But there is one fundamental way in                      anniversary of the ADA, the Americans
      which the ADA differs from some of                                                                              agement of the International Committee of
                                                               with Disabilities Act, which Senator                   the Red Cross.
      those other milestone laws.                              HARKIN was just discussing. We will be                   Lautenberg amendment No. 1351, to stop
        The Civil Rights Act was enacted pri-                                                                         corporations from financing terrorism.
                                                               voting on the adoption of that resolu-
      marily to combat legal, institutional-                                                                            Ensign amendment No. 1374, to require a
                                                               tion at 5:30 p.m. today.
      ized racism against African Americans.                                                                          report on the use of riot control agents.
                                                                 Also, we resume debate on the De-                      Ensign amendment No. 1375, to require a
      Title IX of the education amendments
                                                               fense authorization bill. As a reminder,               report on the costs incurred by the Depart-
      of 1972 was passed to prevent discrimi-
                                                               a cloture motion was filed on the De-                  ment of Defense in implementing or sup-
      nation against women and girls in edu-                                                                          porting resolutions of the United Nations Se-
                                                               fense bill, and under the consent agree-
      cation. Those laws and others protect                                                                           curity Council.
                                                               ment all first-degree amendments
      people from discrimination based on                                                                               Collins amendment No. 1377 (to amend-
      certain fundamental, unchangeable                        should be filed at the desk no later                   ment No. 1351), to ensure that certain per-
      characteristics. If you are not born                     than 2 p.m. today.                                     sons do not evade or avoid the prohibition
                                                                 Tomorrow we will have a very busy                    imposed under the International Emergency
      black, you are not going to become
                                                               morning. Under the agreement reached                   Economic Powers Act.
      black. But any of us can become dis-                                                                              Durbin amendment No. 1379, to require cer-
      abled—in an instant.                                     last week, we have a series of votes
                                                               lined up for Tuesday morning. There                    tain dietary supplement manufacturers to
        Today, you may think the ADA is for                                                                           report certain serious adverse events.
      other people and other families, but                     could be as many as five votes starting                  Hutchison-Nelson of Florida amendment
      you may think differently by the time                    early tomorrow morning, and Senators                   No. 1357, to express the sense of the Senate
      we celebrate the 16th anniversary of                     should adjust their schedules to be on                 with regard to manned space flight.
      the ADA a year from now. In fact, one                    or close to the floor tomorrow morn-                     Thune amendment No. 1389, to postpone
                                                               ing.                                                   the 2005 round of defense base closure and re-
      in three 20-year-olds today will become                                                                         alignment.
      disabled before the reach retirement                       Having said that, this will certainly,
                                                                                                                        Kennedy amendment No. 1415, to transfer
      age.                                                     as I indicated earlier, be a busy week                 funds authorized to be appropriated to the
        This past year, I have had the privi-                  as we consider the Defense authoriza-                  Department of Energy for the National Nu-
      lege of getting to know an extraor-                      tion bill, the gun manufacturers liabil-               clear Security Administration for weapons
      dinary American who became disabled                      ity bill, as well as a number of con-                  activities and available for the robust nu-
      doing her job. Her name is Tammy                         ference reports that may become avail-                 clear earth penetrator to the Army National
      Duckworth. She is major in the U.S.                      able during the week. We certainly                     Guard, Washington, District of Columbia,
                                                               hope they will become available. With                  chapter.
      Army National Guard. Her job was pi-                                                                              Allard-McConnell amendment No. 1418, to
      loting a Black Hawk helicopter in Iraq.                  the cooperation of all Senators, we can                require life cycle cost estimates for the de-
      Last November, just before Thanks-                       finish our work in a timely way and ad-                struction of lethal chemical munitions under
      giving, her Black Hawk was shot down                     journ at the end of the week.                          the Assembled Chemical Weapons Alter-
      by a rocket-propelled grenade and she                      Mr. President, I suggest the absence                 natives program.
      lost both of her legs. Although now a                    of a quorum.                                             Allard-Salazar amendment No. 1419, to au-
                                                                 The ACTING PRESIDENT pro tem-                        thorize a program to provide health, med-
      double amputee, she is determined to
                                                               pore. The clerk will call the roll.                    ical, and life insurance benefits to workers
      both walk and fly helicopters again.                                                                            at the Rocky Flats Environmental Tech-
        Thanks to advances in medicine, we                       The legislative clerk proceded to call
                                                                                                                      nology Site, Colorado, who would otherwise
      are able to save more people who—15                      the roll.                                              fail to qualify for such benefits because of an
      years ago—would not have survived a                        Mr. WARNER. Mr. President, I ask                     early physical completion date.
      car crash, or bone cancer, or even mili-                 unanimous consent that the order for                     Dorgan amendment No. 1426, to express the
      tary combat. Thank goodness for that.                    the quorum call be rescinded.                          sense of the Senate on the declassification
        As we celebrate the 15th anniversary                     The ACTING PRESIDENT pro tem-                        and release to the public of certain portions
      of the Americans with Disabilities Act,                  pore. Without objection, it is so or-                  of the Report of the Joint Inquiry into the
                                                                                                                      Terrorist Attacks of September 11, 2001, and
      I hope we will commit ourselves as a                     dered.
                                                                                                                      to urge the President to release information
      Nation to work to close the gap be-                        Mr. WARNER. Mr. President, will the                  regarding sources of foreign support for the
      tween our medical abilities, and our                     Chair advise the Senate as to the pend-                hijackers involved in the terrorist attacks of
      mental attitudes. Let us agree that                      ing business?                                          September 11, 2001.
      men      and   women      like    Tammy                                    f                                      Dorgan amendment No. 1429, to establish a
      Duckworth, who suffered permanent                                                                               special committee of the Senate to inves-
                                                               NATIONAL DEFENSE AUTHORIZA-                            tigate the awarding and carrying out of con-
      disabilities, will not be forced to fight                 TION ACT FOR FISCAL YEAR 2006                         tracts to conduct activities in Afghanistan
      in this country for basic rights and                                                                            and Iraq and to fight the war on terrorism.
      gainful employment that is worthy of                       The ACTING PRESIDENT pro tem-
                                                                                                                        Salazar amendment No. 1421, to rename
      their skills and talents. Let us commit                  pore. Under the previous order, the                    the death gratuity payable for deaths of
      to work across party lines—as Congress                   Senate will resume consideration of S.                 members of the Armed Forces as fallen hero
      did when it passed the Americans with                    1042, which the clerk will report.                     compensation.
      Disabilities Act 15 years ago—to fulfill                   The legislative clerk read as follows:                 Salazar amendment No. 1422, to provide
                                                                 A bill (S. 1042) to authorize appropriations         that certain local educational agencies shall
      not just the letter but the spirit of this                                                                      be eligible to receive a fiscal year 2005 pay-
                                                               for fiscal year 2006 for military activities of
      important law.                                                                                                  ment under section 8002 or 8003 of the Ele-
                                                               the Department of Defense, for military con-
        Mr. President, I yield the floor and                                                                          mentary and Secondary Education Act of
                                                               struction, and for defense activities of the
      suggest the absence of a quorum.                         Department of Energy, to prescribe per-                1965.
        The ACTING PRESIDENT pro tem-                                                                                   Salazar-Reed amendment No. 1423, to pro-
                                                               sonnel strengths for such fiscal year for the
      pore. The clerk will call the roll.                                                                             vide for Department of Defense support of
                                                               Armed Forces, and for other purposes.
        The legislative clerk proceeded to                                                                            certain Paralympic sporting events.
                                                                   Pending:                                             Mr. WARNER. Mr. President, I am
      call the roll.
        Mr. MCCONNELL. Mr. President, I                          Frist modified amendment No. 1342, to sup-           very pleased the Senate has turned to
                                                               port certain youth organizations, including
      ask unanimous consent that the order                                                                            this important legislation. It was first
                                                               the Boy Scouts of America and Girl Scouts
      for the quorum call be rescinded.                        of America.                                            brought up Wednesday night with ac-
        The ACTING PRESIDENT pro tem-                            Inhofe amendment No. 1311, to protect the            tivity on Thursday and again on Fri-
      pore. Without objection, it is so or-                    economic and energy security of the United             day. I thank all those who partici-
      dered.                                                   States.                                                pated.



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                     S8773
        I am reminded that at 2 o’clock                        the Secretary of Homeland Security of the                           AMENDMENT NO. 1491
      today, all first-degree amendments                       National Maritime Security Strategy.                   (Purpose: To prevent retaliation against a
      need to be filed in view of the pending                    ‘‘(E) The complete development and imple-              member of the Armed Forces for providing
                                                               mentation by the Secretary of Defense of the             testimony about the military value of a
      cloture motion. This is a motion which
                                                               Homeland Defense and Civil Support direc-                military installation)
      the distinguished leader, Mr. FRIST,                     tive.                                                    On page 371, between lines 8 and 9, insert
      and I will discuss, together with oth-                     ‘‘(F) The receipt by the Committees on               the following:
      ers. It ripens tomorrow morning. So as                   Armed Services of the Senate and the House             SEC. 2887. TESTIMONY BY MEMBERS OF THE
      a protection, I ask Senators to consider                 of Representatives of a report submitted by                       ARMED FORCES IN CONNECTION
      their own interests in the context that                  the Secretary of Defense that assesses mili-                      WITH THE 2005 ROUND OF DEFENSE
      it could be ripened, but that decision                   tary installation needs taking into account—                      BASE CLOSURE AND REALIGNMENT.
      has not yet been made.                                     ‘‘(i) relevant factors identified through the          (a) SENSE OF THE SENATE.—It is the sense
                                                               recommendations of the Commission on Re-               of the Senate that the Secretary of Defense
        At this time, even though the distin-                                                                         should permit any member of the Armed
                                                               view of Overseas Military Facility Structure
      guished ranking member is not with                       of the United States;                                  Forces to provide to the Defense Base Clo-
      me, there is a matter by the Senator                       ‘‘(ii) the return of the major combat units          sure and Realignment Commission testi-
      from Maine about which I hope she will                   and assets described in subparagraph (B);              mony on the military value of a military in-
      find the opportunity at this time to ad-                   ‘‘(iii) relevant factors identified in the re-       stallation inside the United States for pur-
      dress the Senate. I yield the floor.                     port on the 2005 quadrennial defense review;           poses of the consideration by the Commis-
                                                                 ‘‘(iv) the National Maritime Security                sion of the Secretary’s recommendations for
        The ACTING PRESIDENT pro tem-
                                                               Strategy; and                                          the 2005 round of defense base closure and re-
      pore. The Senator from Maine.                                                                                   alignment under section 2914(d) of the De-
                                                                 ‘‘(v) the Homeland Defense and Civil Sup-
       AMENDMENTS NOS. 1489, 1490, AND 1491, EN BLOC                                                                  fense Base Closure and Realignment Act of
                                                               port directive.
        Ms. COLLINS. Mr. President, I thank                      ‘‘(2) The report required under subpara-             1990 (part A of title XXIX of Public Law 101–
      the distinguished chairman of the com-                   graph (F) of paragraph (1) shall be submitted          510; 10 U.S.C. 2687 note).
                                                                                                                        (b) PROTECTION AGAINST RETALIATION.—No
      mittee for his courtesy. I ask that the                  not later than one year after the occurrence
                                                                                                                      member of the Armed Forces may be dis-
      pending amendment be set aside, and                      of the last action described in subparagraphs          charged, demoted, suspended, threatened,
      on behalf of the Senator from South                      (A) through (E) of such paragraph.                     harassed, or in any other manner discrimi-
      Dakota, Mr. THUNE, I call up three                         ‘‘(c) ADMINISTRATION.—For purposes of sec-           nated against because such member provided
                                                               tions 2912, 2913, and 2914, each date in a year        or caused to be provided testimony under
      amendments that are at the desk.
                                                               that is specified in such sections shall be            subsection (a).
        The ACTING PRESIDENT pro tem-                          deemed to be the same date in the postponed
      pore. The clerk will report the amend-                   closure round year, and each reference to a              Ms. COLLINS. Mr. President, I ask
      ments en bloc.                                           fiscal year in such sections shall be deemed           unanimous consent that the amend-
        The legislative clerk read as follows:                 to be a reference to the fiscal year that is           ments now be set aside.
        The Senator from Maine [Ms. COLLINS], for              the number of years after the original fiscal            The ACTING PRESIDENT pro tem-
      Mr. THUNE, proposes amendments numbers                   year that is equal to the number of years              pore. Without objection, it is so or-
      1489, 1490, and 1491, en bloc.                           that the postponed closure round year is               dered.
                                                               after 2005.’’; and                                       Ms. COLLINS. I thank the Chair.
        The amendments are as follows:                           (2) in section 2904(b)—                                Mr. WARNER. Mr. President, before
                   AMENDMENT NO. 1489                            (A) in the heading, by striking ‘‘CONGRES-           my distinguished colleague leaves the
         (Purpose: To postpone the 2005 round of               SIONAL DISAPPROVAL’’ and inserting ‘‘CON-              floor, she had the courtesy, as she al-
          defense base closure and realignment)                GRESSIONAL ACTION’’;                                   ways does, to show me the amend-
        On page 371, between lines 8 and 9, insert               (B) in paragraph (1)—
                                                                                                                      ments. One of them relates to BRAC.
      the following:                                             (i) in subparagraph (A), by striking ‘‘the
                                                               date on which the President transmits such
                                                                                                                      The distinguished Senator from South
      SEC. 2887. POSTPONEMENT OF 2005 ROUND OF                                                                        Dakota offered a BRAC amendment the
                  DEFENSE BASE CLOSURE AND RE-                 report’’ and inserting ‘‘the date by which the
                  ALIGNMENT.                                   President is required to transmit such re-             other night. I glanced at this one. It
       The Defense Base Closure and Realignment                port’’; and                                            seems to be similar in form, but I have
      Act of 1990 (part A of title XXIX of Public                (ii) in subparagraph (B), by striking ‘‘such         not had a chance to examine it.
      Law 101–510; 10 U.S.C. 2687 note) is amended—            report is transmitted’’ and inserting ‘‘such             The purpose of my colloquy with the
       (1) by adding at the end the following:                 report is required to be transmitted’’;                Senator would be to encourage Sen-
      ‘‘SEC. 2915. POSTPONEMENT OF 2005 ROUND OF                 (C) by redesignating paragraph (2) as para-          ators who are concerned about the im-
                   DEFENSE BASE CLOSURE AND RE-                graph (3);                                             portant issues on BRAC to take note
                   ALIGNMENT.                                    (D) by inserting after paragraph (1) the fol-        that we had an extensive colloquy be-
         ‘‘(a) IN GENERAL.—Notwithstanding any                 lowing new paragraph:
                                                                                                                      tween myself and the distinguished
      other provision of this part, the round of de-             ‘‘(2) The Secretary may not carry out any
                                                               closure or realignment recommended by the              Senator from South Dakota, with the
      fense base closure and realignment otherwise
                                                               Commission in a report transmitted from the            Senator from Michigan, the ranking
      scheduled to occur under this part in 2005 by
      reasons of sections 2912, 2913, and 2914 shall           President pursuant to section 2903(e) if a rec-        member joining in, the other evening
      occur instead in the year following the year             ommendation for such closure or realign-               on the subject. I hope that other Sen-
      in which the last of the actions described in            ment is specified as disapproved by Congress           ators who may be cosponsors or other-
      subsection (b) occurs (in this section referred          in a joint resolution partially disapproving           wise interested in this issue will find
      to as the ‘postponed closure round year’).               the recommendations of the Commission                  the opportunity to examine the origi-
        ‘‘(b) ACTIONS REQUIRED BEFORE BASE CLO-                that is enacted before the earlier of—                 nal amendment and this amendment
      SURE ROUND.—(1) The actions referred to in                 ‘‘(A) the end of the 45-day period beginning         and that we hopefully today can have a
      subsection (a) are the following actions:                on the date by which the President is re-
                                                                                                                      continuation of this important debate
        ‘‘(A) The complete analysis, consideration,            quired to transmit such report; or
                                                                 ‘‘(B) the adjournment of Congress sine die           on the issues relating to BRAC which
      and, where appropriate, implementation by
                                                               for the session during which such report is            are of great concern to a number of col-
      the Secretary of Defense of the recommenda-
      tions of the Commission on Review of Over-               required to be transmitted.’’; and                     leagues.
      seas Military Facility Structure of the                    (E) in paragraph (3), as redsignated by sub-           Ms. COLLINS. Mr. President, I would
      United States.                                           paragraph (C), by striking ‘‘paragraph (1)’’           accept the comments of the distin-
        ‘‘(B) The return from deployment in the                and inserting ‘‘paragraphs (1) and (2)’’.              guished chairman of the committee.
      Iraq theater of operations of substantially                              AMENDMENT NO. 1490                     This is a very important issue to many
      all (as determined by the Secretary of De-               (Purpose: To require the Secretary of the Air          of us. I understand the chairman and
      fense) major combat units and assets of the                Force to develop and implement a national            the ranking member did debate this
      Armed Forces.                                              space radar system capable of employing              issue at some length last week. I am
        ‘‘(C) The receipt by the Committees on                   at least two frequencies)                            sure the chairman is correct in saying
      Armed Services of the Senate and the House                                                                      we would all benefit from reading that
      of Representatives of the report on the quad-              At the end of subtitle B of title IX, add the
      rennial defense review required to be sub-               following:                                             colloquy as we prepare to debate these
      mitted in 2006 by the Secretary of Defense               SEC. 912. NATIONAL SPACE RADAR SYSTEM.                 issues further and ultimately cast our
      under section 118(d) of title 10, United States            The Secretary of the Air Force shall pro-            votes.
      Code.                                                    ceed with the development and implementa-                Mr. WARNER. I thank my distin-
        ‘‘(D) The complete development and imple-              tion of a national space radar system that             guished colleague. I do bring to the at-
      mentation by the Secretary of Defense and                employs at least two frequencies.                      tention of colleagues that today is a



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      S8774                                             CONGRESSIONAL RECORD — SENATE                                                          July 25, 2005
      good opportunity for debate such that                    nize the fact that a more immediate                    bring them up to levels of security and
      we can have a vote on it as quickly as                   threat to the United States rests with                 safety that we would feel confident this
      the proposers and others think it is ap-                 literally thousands of locations where                 nuclear material would not be stolen,
      propriate.                                               nuclear material might be housed from                  misplaced or somehow find itself in the
        Ms. COLLINS. Mr. President, I yield                    the breakup of the old Soviet Union,                   world community.
      the floor.                                               and other locations that need attention                  The Defense Department only ex-
        Mr. WARNER. I suggest the absence                      with respect to the reduction of these                 pected work to be scheduled on one or
      of a quorum.                                             materials. I believe the greatest threat               two sites in fiscal year 2006 so they
        The ACTING PRESIDENT pro tem-                          we face in this country is the fact                    budgeted approximately $60 million in
      pore. The clerk will call the roll.                      that—hopefully not, but the situation                  the process. But then in February,
        The legislative clerk proceeded to                     where a terrorist might gain control of                when President Bush and President
      call the roll.                                           these materials, bring them into this                  Putin met at the summit in Bratislava,
        Mr. REED. Mr. President, I ask unan-                   country and use them with devastating                  Slovakia, the two agreed on a way to
      imous consent that the order for the                     effect.                                                address security upgrades at 15 key nu-
      quorum call be rescinded.                                  So this amendment recognizes the                     clear weapons sites. With this agree-
        The PRESIDING OFFICER (Mr.                             most immediate threat comes from                       ment, we have the opportunity to ac-
      DEMINT). Without objection, it is so                     these materials and therefore is put-                  complish in 2 years what we thought
      ordered.                                                 ting additional resources from the Na-                 would take 10.
                      AMENDMENT NO. 1492                       tional Missile Defense Program, mod-                     The issue, of course, is funding. The
        Mr. REED. Mr. President, I call up an                  est changes, to approach this major ef-                total cost of these upgrades is approxi-
      amendment that Senator LEVIN has of-                     fort with respect to cooperative threat                mately $350 million. With this amend-
      fered, which is at the desk.                             reduction.                                             ment, we are adding $50 million to this
        The PRESIDING OFFICER. Without                           The funds would come from our                        project, which is not the total needed
      objection, the pending amendments are                    ground-based midcourse defense sys-                    but will allow for a good start. Again,
      set aside.                                               tem. The interceptors and silos where                  this is a huge breakthrough that oc-
        The clerk will report.                                 the offsets occur are now currently                    curred after the President’s budget
        The legislative clerk read as follows:                 being deployed at Fort Greely, AK, and                 submission. It is a major opportunity
        The Senator from Rhode Island [Mr. REED],              Vandenberg Air Force Base in Cali-                     we simply must take advantage of.
      for Mr. LEVIN, for himself, and Mr. REED pro-                                                                     As I have indicated before, the pro-
                                                               fornia. Because of recent develop-
      poses an amendment numbered 1492.
                                                               ments, we have an opportunity to ad-                   posal of Senator LEVIN is to move this
        Mr. REED. Mr. President, I ask unan-                   dress the critical issue of loose nukes                $50 million into cooperative threat re-
      imous consent that the reading of the                    by transferring these funds. I would                   duction from the National Missile De-
      amendment be dispensed with.                             argue this is a most worthy cause. The                 fense Program. I think it is useful to
        The PRESIDING OFFICER. Without                         offset will not affect the missile de-                 look at this program to indicate where
      objection, it is so ordered.                             fense system at all. In fact, as we un-                these transfers are possible, available,
        The amendment is as follows:                                                                                  and even desirable.
                                                               derstand it, in the last several months
      (Purpose: To make available, with an offset,                                                                      When President Bush first took office
                                                               the missile defense system has been re-
        an additional $50,000,000 for Operation and                                                                   in 2001, he made missile defense one of
        Maintenance for Cooperative Threat Re-                 evaluating itself, looking at whether
                                                               the technical issues are challenging, in               his highest priorities. In May 2000,
        duction)
                                                               fact, and have not conducted tests as                  President Bush said America must
        At the end of subtitle C of title II, add the
      following:                                               they thought they could over the last                  build effective missile defense based on
      SEC. 330. ADDITIONAL AMOUNT FOR COOPERA-                 several months. So I think now is the                  the best available options at the ear-
                  TIVE THREAT REDUCTION PRO-                   opportune time to put more resources                   liest possible date. Missile defense
                  GRAMS.                                       in cooperative threat reduction.                       must be designed to protect all 50
        (a) INCREASED AMOUNT FOR OPERATION AND                   We are all aware, as I have men-                     States, our friends, allies, and deployed
      MAINTENANCE, COOPERATIVE THREAT REDUC-                   tioned before, that the greatest threat                forces overseas from missile attacks by
      TION PROGRAMS.—The amount authorized to
                                                               to us today is the possibility that ter-               rogue nations or accidental launches.
      be appropriated by section 301(19) for the Co-
      operative Threat Reduction programs is                   rorists will acquire nuclear weapons or                President Bush’s first major action was
      hereby increased by $50,000,000.                         nuclear material and use it with dev-                  to significantly increase funding for
        (b) OFFSET.—Of the amount authorized to                astating effect against us. Of course,                 missile defense.
      be appropriated by section 201(4) for re-                one country with enormous amounts of                     Since fiscal year 2002, approximately
      search, development, test, and evaluation,               this nuclear material is Russia.                       $45 billion, including fiscal year 2006 re-
      Defense-wide activities, is hereby reduced by              It is estimated that Russia has ap-                  quests, has been provided for missile
      $50,000,000, with the amount of the reduction            proximately 16,000 nuclear weapons                     defense. That is $45 billion and here we
      to be allocated as follows:                                                                                     are talking about a transfer of $50 mil-
        (1) The amount available in Program Ele-
                                                               stored at between 150 and 210 sites.
                                                               While that is a significant reduction                  lion from that huge program. This
      ment 0603882C for long lead procurement of
      Ground-Based Interceptors is hereby reduced              from the 40,000 weapons at the end of                  amount is half of what has been spent
      by $30,000,000.                                          the Cold War, it is still a huge number                on missile defense since President
        (2) The amount available for initial con-              of weapons and also a large number of                  Reagan launched the Strategic Defense
      struction of associated silos is hereby re-              storage sites.                                         Initiative in 1984. We have seen a huge
      duced by $20,000,000.                                      Indeed, there is some imprecision                    acceleration of funding with respect to
        Mr. REED. Mr. President, this                          about where all the sites might be. Of                 missile defense. Another aspect of
      amendment was offered by Senator                         course, we have also heard reports of                  President Bush’s plan for missile de-
      LEVIN and myself would do several very                   potential sites for, if not nuclear mate-              fense was that the systems would be
      critical and important things. First,                    rial, other dangerous material in                      developed and acquired under an ap-
      the amendment would increase funding                     former components of the Soviet                        proach called spiral development. As
      for the Cooperative Threat Reduction                     Union, the newly independent states.                   the Congressional Research Service
      Program by $50 million. The offset                       So this is a challenging issue we have                 succinctly summarizes: A major con-
      would be twofold: $30 million would be                   to face.                                               sequence of the administration’s pro-
      taken from the long lead procurement                       Only about 25 percent of the total                   posed evolutionary acquisition strat-
      of ground-based interceptors as part of                  number of weapons sites have received                  egy is that the Missile Defense Pro-
      the National Missile Defense Program                     any upgrades in the past five years.                   gram would not feature the familiar
      and another $20 million would be taken                   Many of them still lack adequate secu-                 phases and milestones of the tradi-
      from the funding for initial construc-                   rity and safeguards. At the rate                       tional DOD acquisition system. An-
      tion for silos to house these intercep-                  planned for in the fiscal year 2006 budg-              other consequence is the Missile De-
      tors.                                                    et request, it would be around 2011 or                 fense Agency cannot provide Congress
        Essentially what Senator LEVIN is                      2012 before the work at only a portion                 with a description of its final missile
      doing with this provision is to recog-                   of the sites would be completed to                     defense architecture, the capabilities



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                     S8775
      on any near or longer term system, the                   volve a real missile defense interceptor                 Due to the lack of application of a few
      specific dates by which most elements                    hitting a real target missile. These                   well-known verification specification and
      of the emerging architecture are to be                   tests are the only means to truly as-                  standards by the GMD program, failure evi-
                                                                                                                      dence suggests that some problems might
      tested and deployed, or an estimate of                   sess whether a missile defense system                  have been during the launch. The team feels
      the eventual costs of the Missile De-                    has the chance of working against a                    that considerable opportunity exists to im-
      fense Program.                                           real enemy missile. There is nothing                   prove the confidence in the reliability of
        So President Bush’s plan was to                        elaborate or sensational in this propo-                hardware and software by adopting industry
      spend an enormous amount of money                        sition. In order to see if a system                    best practices that exist as specification and
      in a short period of time with little                    works, one has to take it out and use                  standards.
      plan and no traditional checks and bal-                  it. One missile has to be fired against                  In effect saying, we have to have re-
      ances with respect to traditional pro-                   another missile and knock down the in-                 quirements, we have to have standards,
      curement programs.                                       truding missile. If that is done with                  we have to have specifications, we have
        This program has, in fact, come                        enough frequency and enough con-                       to be able to measure this program and
      under self-generated pressures. Tests                    fidence, then the system is ready to go.               its components before we rush to de-
      that were proposed to be conducted                         The first intercept flight test of the               ploy it, much of it echoing comments
      over the last several months have been                   system was conducted in December 2002                  made on this floor by myself and many
      postponed and cancelled. There is a                      and it failed. Six days after that test                others.
      hard relook at the technology. There is                  failure, President Bush announced the                    The team report further states:
      potential here, but certainly there is                   United States would deploy the missile                   There are not enough ground tests avail-
      not the kind of progress that would                      defense system. Usually such an-                       able to verify/validate system operational
      justify the robust spending to date and                  nouncements are reserved for success,                  performance and reliability. The Joint Pro-
                                                                                                                      gram office should consider redirecting some
      certainly not indicate that they need                    not failure. In effect, it is almost like              production assets for ground tests to gain a
      an additional $50 million to keep doing                  looking at a new, expensive jet fighter                higher confidence in the GMD system per-
      what they are doing.                                     prototype going down the way, mal-                     formance.
        In the past, we have looked very                       functioning and then turning around                      The GMD review team would again
      carefully at this program of national                    and saying let us buy a lot of them, let               recommend, in their words:
      defense. Like so many others, I believe                  us put them in the sky. That is not                      The Ground-based Midcourse Defense Pro-
      if we can produce—and I think we can                     what most people believe is the appro-                 gram enter a new phase focused on Perform-
      ultimately—a workable system to pro-                     priate criteria for being operational.                 ance and Reliability Verification, in which
      tect this country, protect its allies, our                 Over the next 2 years, seven other                   Missile Defense Agencies make tests and
      troops in the field, we have to do that,                 planned tests were cancelled. Yet, in                  mission success the primary objective. The
      but we have to do it with deliberate                     September 2004, the system was de-                     new phase should validate the technical
      speed, and I would emphasize delib-                      clared nearly operational, with six                    baseline and should be event driven rather
                                                                                                                      than schedule driven.
      erate speed, not all-out haste, which                    interceptors at Fort Greely, AK, and
      generally means waste.                                   two interceptors at Vandenberg Air                       In effect, build on success, don’t build
        I believe we should pursue this sys-                   Force Base. Three months later, in De-                 based on schedule.
      tem, but I also believe we should take                   cember 2004, the Missile Defense Agen-                   General Obering also requested Rear Admi-
      the time to determine that the tech-                                                                            ral Kate Paige to direct a Mission Readiness
                                                               cy then conducted the only second in-                  Task Force to study the review team’s rec-
      nology, which is extraordinarily com-                    tegrated flight test on a multibillion                 ommendations and put the program on a
      plex, is mature and effective. So begin-                 system. It too failed, and the system                  path to flight test and management success.
      ning in 2002, I offered amendments                       was now described as operational in the                  The Mission readiness task force, under
      which I felt would improve the Missile                   near future.                                           the Admiral, made the following rec-
      Defense Program. In the fiscal year                        On February 14, there was another in-                ommendation: Four interceptors previously
      2003 bill, I introduced an amendment                     tegrated flight test and it too failed.                planned for near-term operational deploy-
      requiring a report on flight testing of                  After these three consecutive failures,                ment will be diverted to serve as ground test
                                                                                                                      missiles. There will be a significant increase
      the ground-based midcourse defense, or                   Lieutenant General Obering, director                   in ground testing of all systems, compo-
      the GMD, system. In fiscal year 2004, I                  of the Missile Defense Agency, estab-                  nents, and processes before resuming flight
      offered an amendment which would di-                     lished an independent review team to                   testing. Contractors will be held accountable
      rect that the Missile Defense Agency                     examine test failures and recommend                    for their performance. The first flight test
      provide information on procurement,                      steps for improving the test program.                  will not be an intercept test and the first
      performance criteria, and operational                    The team made some very interesting                    intercept test will not take place for more
      test plans for ballistic missile defense                 observations.                                          than a year.
      programs. In fiscal year 2005, I intro-                    First, I believe they confirmed sus-                   Let me commend General Obering
      duced an amendment requiring oper-                       picions that there was a rush to de-                   and the Missile Defense Agency for im-
      ationally realistic testing and inde-                    ployment, a rush not justified by the                  plementing these recommendations. I
      pendent evaluation of the ballistic mis-                 technology, its maturity, and by the                   believe they will go a long way toward
      sile defense system.                                     operational techniques that were nec-                  improving the missile defense system,
        All of these amendments were modi-                     essary to deploy it, but simply to get it              an objective we all share. However, I
      fied by the majority. Then they were                     deployed. The team report states:                      note these recommendations sound
      passed. Indeed, it is unclear if they                       There were several issues that led to the           very familiar and one could only con-
      were not modified whether they would                     flight test failures of the Integrated Flight          template how much effort and money
      have passed.                                             Tests . . . With the focus on rapid deploy-            would have been saved if we had ap-
        Furthermore, when the Missile De-                      ment of the Ground-based Midcourse Defense             proached the system this way from the
      fense Agency met these requirements,                     system, there was not always adequate op-              beginning—not rushing to failure, but
                                                               portunity to fully ground test the system
      in many instances details and quality                                                                           building for success.
                                                               prior to each flight attempt. Again, skipping
      of reporting were lacking. For the most                  over critical steps to rush to a deployment.
                                                                                                                        There are presently six ground-based
      part, the Missile Defense Agency has                     The team also found:                                   interceptors in silos at Fort Greely and
      been doing what it wants to do with                         Schedule has been the key challenge that            two in silos at Vandenberg Air Force
      very little detailed supervision by the                  drives daily decision making and planning in           base. The administration also re-
      Congress and it has led to a situation                   the program.                                           quested, and the Congress has already
      now where the program is being seri-                       Not the technological maturity of                    approved, most of the funding for these
      ously looked at. We certainly have not                   the system, not technical issues, but                  30 interceptors. As I have noted, there
      made the kind of technological break-                    schedule was driving the technology,                   has yet to be a successful flight test of
      through which was anticipated. One                       not the other way around.                              these interceptors, so we are already
      thing is certain, we have spent a great                    The independent review team also                     buying an additional 30 interceptors
      deal of money in this pursuit.                           took issue with the spiral development                 when we do not know how to make the
        Now, where we are today, interceptor                   and lack of testing. Again, in their                   first 6 work. I think a responsible ap-
      tests are the critical tests which in-                   words:                                                 proach is to slow the allocation of



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      S8776                                             CONGRESSIONAL RECORD — SENATE                                                        July 25, 2005
      funds for the procurement of these                       ator would correct me, if not now, per-                these sites and got into the hands of ir-
      interceptors until they are proven                       haps one of your staff members, in due                 responsible people, it would be serious.
      operational and to use that funding for                  course, could assist. The Senate should                  Mr. WARNER. I agree with the Sen-
      more pressing needs. This amendment                      know there is $500 million of unspent                  ator’s premise but I wouldn’t want
      does that.                                               2005 money in the CTR program. The                     Senators to believe that, if I am cor-
        The President’s budget request seeks                   amendment would take this program,                     rect, the shortage of money is in CTR.
      long-lead funding for 10 operational                     which as you point out has some test                   I am informed there is, in the bank,
      interceptors and 8 flight test intercep-                 problems, and to give it the body blow                 $500 million of 2005 unexpended funds.
      tors, 18 missiles in all. However, the ac-               this amendment would render, for $50                   Does the Senator want to address that
      tual production rate capacity for the                    million will virtually cause a very se-                now?
      interceptors is 1 per month, or 12 per                   vere perturbation in the production                      Mr. REED. I could say, Mr. Presi-
      year. That means the Defense Depart-                     line. The Senator is familiar with how                 dent, we will try to determine this, but
      ment is seeking funds for more missiles                  the production lines work. There are                   unexpended does not mean that it is
      than they can build in 1 year. There is                  estimates of cost up to as much as $270                not committed. Some of these funds
      no need to pay for more interceptors                     million to restart the line at some                    could in fact be committed to specific
      than can be built in 1 year.                             point in the future. But with $500 mil-                sites already so that money can’t be
        Instead, we can provide 1 year’s                       lion for 2005 unexpended in CTR, I                     spent again elsewhere. We will try to
      worth of funding for 1 year’s worth of                   hope, if colleagues look at this amend-                get a number on that.
      missiles—12 instead of 18. This amend-                   ment fairly and practically, maybe                       But the scale of the problem, the
      ment will not cause a break in the pro-                  judge it on the merits—the use of these                number of sites—it is in the order, just
      duction line.                                            funds, to me, is not a justification for               within Russia, of 200 sites.
        I also note the House Armed Services                   supporting the amendment.                                Mr. WARNER. I am a big supporter
      Committee, in its fiscal year 2006 De-                     Mr. REED. I thank the Chairman for                   of CTR. I happened to be in the room
      fense authorization bill, reduced the                    the question. My understanding is that                 on the day CTR was born—by Sam
      long-lead funding for five of the oper-                  the production cycle for the system,                   Nunn. I will never forget it. I have fol-
      ational interceptors. The administra-                    these interceptors, is 12 per year. Yet                lowed the program. I have been a sup-
      tion has not indicated that the pro-                     the budget is asking for more than                     porter. I think there is quite a bit of
      posed reduction would cause any seri-                    that. So I don’t think taking $50 mil-                 funding in this budget for CTR right
      ous problems for the program.                            lion—as I understand the amendment,                    now. I point out, if the Senator is per-
        I also want to state that the Presi-                   $30 million taken from long-lead,                      suaded by the fact that CTR needs the
      dent’s budget request includes $53 mil-                  ground-based interceptors—taking $30                   money more than the missile pro-
      lion in long-lead funding for eight test                 million away I do not think would                      gram—and I will argue the point stren-
      missiles. It is essential to produce mis-                upset the production line schedule.                    uously that is not the case—there is
      siles for testing. This amendment                        There is no intent to do that, and I                   quite a bit of money. We are way into
      would not reduce that funding for the                    think the effect would not be to do                    the 2005 cycle. As a matter of fact, Sep-
      test missiles at all. We realize we are                  that also.                                             tember is on the horizon.
      in the test phase. The problem becomes                     With respect to your point, which I                    So I hope the Senator could carefully
      we are attempting to buy operational                     think is well taken, about the buildup                 research that point, come back, and if
      missiles before we are sure the test                     in funds in the comprehensive threat                   I am in error, I would certainly like to
      missiles will really work. That, I                       reduction, some of that—we will check                  hear his views.
      think, is at the heart of much of the                    more dutifully—but some of that to my                    I point out the current bill is con-
      criticism.                                               knowledge is the result of the inability               sistent with the President’s program
        Our missile defense systems are                        to agree on a way to deal with some of                 that allocated $50 million toward this
      robustly funded in this bill with about                  these sites. We hope that difficulty has               next tranche of the long-lead, cumu-
      $7 billion. What this amendment does                     been substantially reduced by Presi-                   lative money for ground-based inter-
      is take money that cannot even be                        dent Bush and President Putin’s dis-                   ceptors. If you take $30 million out of
      spent this year and allocate it to a new                 cussion in Bratislava. Now that they                   the $50 million, I assure you, that does
      opportunity to prevent loose nukes,                      have agreed on a framework, they can                   considerable disruption to the produc-
      which is truly an imminent threat, an                    start applying this money.                             tion line.
      existential threat to this country. This                   Also, again, I think this money                        Then I point out the amount avail-
      amendment, which enhances security                       would be well spent, would not disrupt                 able for construction of associated
      by funding one program without caus-                     the production of the missile systems,                 silos, reduced by $20 million. I wonder
      ing any harm to another program, is a                    and just the sheer scale—this is $50                   if you might take the chance to check
      win-win situation, and I urge my col-                    million total, $30 million from the                    on the fact that the President’s budget
      leagues to support this amendment.                       ground-based interceptors, $20 million                 in this bill only allocates $13.5 million
        We are trying to exploit a diplomatic                  for initial construction of silos and                  to the initial construction of the asso-
      breakthrough that was engineered by                      housing for the interceptors—again,                    ciated silos, and therefore your $20 mil-
      President Bush in his meeting with                       this is truly long-lead procurement. We                lion is considerably in excess of the
      President Putin that allows the expan-                   have, in my view, and I believe that of                $13.5 million.
      sion, rapidly, of inspection and secur-                  Senator LEVIN, much more of a prob-                      Mr. REED. Mr. President, my infor-
      ing of sites in the former Soviet Union                  lem in the site in Russia that contains                mation indicates the fiscal year 2006
      and Russia. We are taking a truly mod-                   the nuclear materials.                                 budget for expansion, there is $20.682
      est amount of money, given about $6 or                     We have all heard the horror stories                 million. I will ask my staff to coordi-
      $7 billion for overall missile defense,                  of people being able to walk in, walk                  nate with your staff.
      and using that to try to prevent the                     around, and walk out of these sites                      Mr. WARNER. We will have our
      proliferation of nuclear weapons and                     without anybody interfering with                       staffs check those figures. I thank the
      nuclear materials across the globe,                      them—no electronic equipment or sen-                   Senator.
      which is the most serious threat that                    sors that would detect or report their                   Mr. President, I would like to vigor-
      we face as a nation.                                     presence to anyone’s attention. So our                 ously oppose this amendment for the
        Mr. WARNER. Mr. President, if I                        view—my view, speaking for myself—is                   following reasons. The impact of the
      might ask my distinguished colleague                     that this money could be much better                   amendment would be, first and fore-
      a question or two. We are all good,                      spent, without disrupting the missile                  most, to send a message that we are
      strong supporters of the CTR program.                    defense program, by applying it to                     not supporting, as a nation, whole-
      But I am informed that you are taking                    comprehensive threat reduction.                        heartedly the ballistic missile defense
      $50 million from the missiles. I will ad-                  Frankly, $500 million is an impres-                  capabilities to defend ourselves. It is
      dress that question momentarily. But I                   sive amount of money that has not yet                  clear North Korea has capabilities.
      think the Senate should know this—                       been spent, but we all recognize, if any               This program was engendered in large
      and I ask if I am in error, if the Sen-                  of this material made its way outside                  measure, and accelerated in large



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                  S8777
      measure because of the threat posed by                   it, commissioned the Independent Re-                   capability to develop an interconti-
      North Korea.                                             view Team, called the IRT, to examine                  nental ballistic missile, ICBM, by 2015.
        I noted here recently that Japan is                    the recent GMD test failures. The IRT                    We simply can’t wait until the threat
      now building its missile defense sys-                    found, one, that no fundamental GMD                    is upon us to deploy missile defenses;
      tem. So it is not that the United States                 system design flaws are related to the                 we can’t wait until the GMD system is
      alone, in the world of nations, con-                     recent test failures. Moreover, this                   fully and completely tested before we
      siders it a threat; other nations con-                   independent panel found no evidence                    start providing some measure of pro-
      sider the North Korean capabilities a                    that major modifications of the cur-                   tection against this threat. It is our re-
      threat. It is correct we have had these                  rent system hardware or software will                  sponsibility to field what capabilities
      test bans, but the failures that more or                 be required. In other words, it is un-                 currently exist, even while we continue
      less have been in the mechanical                         likely that future testing will find                   to test and improve the system. By
      phase—somehow the missile is adjusted                    some major fault in the system that                    continuing to field missile defenses
      in its launch pad as opposed to the ac-                  will require costly retrofit to the al-                today, we send a message to potential
      tual failure of the missile itself. And                  ready fielded and those in production                  adversaries that we will not be de-
      then I will address this question of the                 line of the GBIs.                                      terred or coerced by their possession of
      break in production which could re-                         For those of my colleagues concerned                long-range ballistic missiles.
      sult—assuming the program is re-                         about testing, I point out that this bill                In summary, I ask my colleagues to
      started in its full measure—maybe up                     before you contains a provision—devel-                 reject the amendment offered by Sen-
      to $270 million is one estimate I have                   oped in a bipartisan fashion during the                ator LEVIN. This amendment would
      been given to restart it.                                committee’s markup—which requires                      needlessly delay the fielding of a bal-
        Again, I agree with the sponsors of                    the Missile Defense Agency, the service                listic missile defense capability to pro-
      the amendment that the Cooperative                       operational test agencies, and the Di-                 tect the homeland. As the Commander
      Threat Reduction Program is an im-                       rector of Operational Test and Evalua-                 of STRATCOM warns, the threat is
      portant national security issue for the                  tion to plan and conduct tests that                    real. We must continue on the current
      defense of our homeland against the                      demonstrate the operational capability                 path of fielding available capabilities—
      growing threats. But asking us to                        of the ballistic missile defense system.               even while testing continues to im-
      choose between missile protection and                    The bill also reallocates $100 million                 prove the system over time.
      CTR is a false choice. We need both.                     from longer-term development efforts                     The PRESIDING OFFICER. The Sen-
      This bill funds the President’s re-                      to GMD testing, consistent with the                    ator from Utah.
      quested amount fully for both pro-                       recommendations of the Independent                       Mr. HATCH. Mr. President I express
      grams.                                                   Review Team.                                           my gratitude to the distinguished
        The bill before the Senate authorizes                     The current and growing threat                      chairman and other members of the
      the requested amount of $415.5 million                   posed to our country by long-range bal-                Senate Committee on Armed Services
      for CTR programs within the Depart-                      listic missiles argues for proceeding                  for the work they do. The chairman
      ment of Defense and $1.6 billion for                     without delay with the Department’s                    has worked long and hard to try to
      other nonproliferation efforts in the                    approach of concurrent testing and                     bring this bill to the Senate floor and
      Department of Energy. There is a very                    fielding of ballistic missile defense ca-              do things in the best interest of our
      strong recognition in this bill before                   pabilities for the homeland.                           country, and others have worked with
      the Senate, the authorization bill, of                      Some of my colleagues suggest that                  him. I appreciate that.
      the importance of CTR. There is no                       because the current system is not fully                  Mr. HATCH. Mr. President, I rise
      current need for extra CTR funds. That                   proven, we should not procure addi-                    today as an ardent supporter of the
      is our basic proposition. They have in                   tional missile interceptors. To this I                 F/A–22 Raptor. I am pleased that the
      the bank very substantial amounts                        would respond that General Cart-                       Armed Services Committee has agreed
      from 2005. They are unexpended.                          wright, Commander of U.S. Strategic                    to authorize appropriations for 24 F/A–
      Whether they have been committed, I                      Command—the senior military official                   22 Raptors. However, I am deeply trou-
      will have that checked. With a backlog                   charged with advising the Secretary of                 bled that the Department of Defense
      that large and only roughly 70 days left                 Defense and the President on missile                   has made the decision to only purchase
      in the fiscal year—that is an awful lot                  defense matters—has testified, with re-                this extraordinary aircraft through fis-
      of money if someone is going to try to                   spect to the current GMD system, that                  cal year 2008, in effect, limiting the
      commit it and expend it in that period                   ‘‘in an emergency, we are in fact in the               number of Raptors to 180. This is far
      of time.                                                 position that we are confident that we                 below the 381 aircraft that the Air
        The President’s budget for missile de-                 can operate and employ it.’’                           Force has repeatedly stated are re-
      fense, on the other hand, has already                       In addition, the Pentagon’s chief                   quired for that service to meet its re-
      taken a considerable amount of cuts.                     independent weapons tester, the Direc-                 sponsibilities as outlined in the Na-
      Due to last-minute decisions made at                     tor for Operational Test and Evalua-                   tional Defense Strategy.
      the Department of Defense as the fiscal                  tion, noted in his most recent Annual                    Over the past year and half, I have
      year 2006 budget was being finalized,                    Report to Congress that ‘‘the test bed                 made two trips, to be briefed on the ca-
      the missile defense budget request was                   architecture is now in place and should                pabilities of this extraordinary air-
      reduced by $1 billion in 2006 and $5 bil-                have some limited capability to defend                 craft. The first was to Tyndall Air
      lion overall between 2006 and 2011.                      against a threat missile from North                    Force Base, FL, where our pilots are
        The sponsors of this amendment                         Korea.’’                                               learning to fly the Raptor and second
      argue we should not provide long-lead                       In my view, it is a good thing that we              to Langley Air Force, VA, where the
      funding for the GBI missiles 31 to 40 be-                have some capability—albeit limited—                   first operational F/A–22 units will be
      cause of test failures. I am mindful of                  to defend the homeland against long-                   based. As a result of these meetings
      the recent difficulties encountered by                   range missiles. For as General Cart-                   and discussions with the pilots who are
      the GMD system test program, but it is                   wright testified before the Senate                     training to fly the aircraft and the
      my view and that of the Department—                      Armed Services Committee in April,                     ground personnel who are learning to
      and, indeed, independent authorities                     ‘‘we have a realistic threat here; we                  maintain the Raptor, I have come to
      have looked at this problem—that                         have an imperative.’’                                  conclusion that purchasing sufficient
      these difficulties do not represent seri-                   General Cartwright is referring to                  numbers of Raptors is absolutely vital
      ous technological hurdles by the GMD                     CIA and DIA estimates that the North                   to our national security.
      program. Indeed, such problems are to                    Korean Taepo-Dong 2 ballistic missile                    Over the past 30 years, the United
      be expected during the R&D and devel-                    is capable of reaching the United                      States has been able to maintain air
      opment phase of complicated weapons                      States with a nuclear warhead—and                      superiority in every conflict largely
      systems.                                                 that North Korea could resume flight                   due to the F–15C. However, with the
        To get at the root cause of the test-                  testing of the Taepo-Dong 2 at any                     great advancements in technology over
      ing problems, the Director of the Mis-                   time. The Defense Intelligence Agency                  the past several years, the F–15 has
      sile Defense Agency, to his great cred-                  also estimates that Iran will have the                 struggled to keep pace. For example,



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      S8778                                             CONGRESSIONAL RECORD — SENATE                                                              July 25, 2005
      the F–15 is not a stealth aircraft and                     It should also be noted that—for a                      I am also pleased to state that recent
      its computer systems are based on ob-                    comparably cheap price—an adversary                    articles in the media report that the
      solete technology. My colleagues                         can purchase the Russian SA–20 sur-                    ‘‘fly-away’’ price for an F/A–22 is now
      should remember that the F–15 first                      face-to-air missile. This system has an                approximately $130 million, down from
      flew in the early 1970s. During the en-                  effective range of approximately 120                   $185 million an aircraft. Officials of the
      suing years, nations have been consist-                  nautical miles and can engage targets                  manufacturer are quoted as saying
      ently developing new aircraft and mis-                   at greater then 100,000 feet, much high-               that each new lot of Raptors costs on
      sile systems to defeat this fighter.                     er then the service ceiling of any exist-              average 13 percent less than its prede-
        Realizing that the F–15 would need a                   ing American fighter or bomber. The                    cessor. The manufacturer also believes
      replacement, the Air Force developed                     Russians have also developed a family                  that this price can be further brought
      the F/A–22 Raptor. The result is a truly                 of highly maneuverable fighters, the                   down to the $110 million range. Now, of
      remarkable aircraft.                                     Su–30 and 35s, which have been sold to                 course, this is still a lot of money.
        The F/A–22 has greater stealth capa-                   such nations as China. Of further im-                  However, when compared to similar
      bilities than the F–117 Nighthawk. This                  port, 59 other nations have fourth gen-                aircraft such as the nonstealth
      is a powerful attribute when one re-                     eration fighters.                                      Eurofighter, which cost approximately
      members that it was the Nighthawk’s                        It has also been widely reported in                  $110 million an aircraft, coupled with
      stealth characteristics that enabled                     the aviation media that the F–15C, our                 the estimated cost, as high as $90 mil-
      that aircraft to penetrate the inte-                     current air superiority fighter, is not                lion, for a new F–15, one easily con-
      grated air defenses of Baghdad during                    as maneuverable as newer Russian air-                  clude that the F/A–22 is much better
      the first night of the 1991 gulf war.                    craft, especially the Su–35. However,                  deal then its critics contend.
        The Raptor is also equipped with                       the F/A–22 is designed to defeat an in-                   I wish to reiterate a point that is
      super-cruise engines. These engines do                   tegrated air defense system. By uti-                   deeply troubling. I have always lis-
      not need to go to after-burner in order                  lizing its stealth capability, the F/A–22              tened very closely when our service-
      to achieve supersonic flight. This pro-                  can penetrate an enemy’s airspace un-                  members have outlined their equip-
      vides the F/A–22 with a strategic ad-                    detected and, when modified, independ-                 ment requirements based upon the na-
      vantage by enabling supersonic speeds                    ently hunt for mobile surface-to-air                   tional security goals that our Govern-
      to be maintained for a far greater                       missile systems. Once detected, the F/                 ment has outlined. As I have studied
      length of time. By comparison, all                       A–22 would then be able to drop bombs                  this issue, I have been struck by the
      other fighters require their engines and                 on those targets. Some, correctly state                unanimous opinion of all the members
      these are foreign fighters, as well—to                   that the B–2 bomber and the F–117                      of the Air Force to whom I have spo-
      go to after-burner to achieve super-                     could handle these assignments. How-                   ken.
      sonic speeds. This consumes a tremen-                    ever, the F/A–22 offers the additional                    What is their expert opinion? That if
      dous amount of fuel and greatly limits                   capability of being able to engage an                  the Air Force is to succeed in the tasks
      an aircraft’s range.                                     enemy’s air superiority fighters such                  outlined in our National Defense Strat-
        The F/A–22 is also the most maneu-                     as the widely proficient Su–35. There-                 egy that they require additional F/A–22
      verable fighter flying today. This is of                 fore, the Raptor will be able to defeat,               aircraft.
      particular importance when encoun-                       almost simultaneously, two very dif-                      I should also add that this is not just
      tering newer Russian-made aircraft                       ferent threats that until now have been                the opinion of those stationed here in
      which boast a highly impressive ma-                      handled by two different types of air-                 Washington but the opinion of the pi-
      neuver capability.                                       craft.                                                 lots and ground crew in the field such
        Yet a further advantage resides in                       I should like point out that these po-               as those of Tyndall Air Force Base and
      the F/A–22’s radar and avionics. When                    tential threats are not just future con-               Langley Air Force Base. They were
      entering hostile airspace, one F/A–22                    cerns, but they are here today. For ex-                truly excited about the F/A–22 Raptor’s
      can energize its radar system, enabling                  ample, last year the Air Force con-                    potential.
      it to detect and engage enemy fighters                   ducted an exercise called Cope India, as                  They understand that this aircraft
      far before an enemy’s system effective                   part of our effort to strengthen rela-                 will ensure American dominance of the
      range.                                                   tions with India. The Indian Air Force                 skies for the next half century.
        However, one of the most important                     has a number of Su-30 MKKs, an air-                       These young men and women stand
      capabilities of the Raptor is often the                  craft which is very similar to a version               ready to sacrifice so much for us, we
      most misunderstood. Many critics of                      of aircraft sold in large quantities to                owe them the best that our country has
      the program state that, since much of                    the People’s Republic of China. During                 to offer. Therefore, I respectfully urge
      the design work for this aircraft was                    this exercise, it has been widely re-                  my friends in the Department of De-
      performed during the Cold War, it does                   ported in the aviation and defense                     fense to rethink their plans for this
      not meet the requirements of the fu-                     media that the Indian Air Force’s Su-                  aircraft and provide our warfighters
      ture, I believe that this criticism is                   30s won a number of engagements when                   sufficient numbers of this remarkable
      misplaced. The F/A–22 is more than                       training against our Air Force’s F–15s.                fighter/bomber.
      just a fighter, it is also a bomber. In its                So let me be clear on this point: a de-                 I ask that the pending amendment be
      existing configuration it is able to                     veloping nation’s air force was able to                set aside so I can call up another
      carry two 1,000 pound GPS-guided                         defeat the F–15. This was a stunning                   amendment.
      JDAM bombs and the aircraft will also                    event and one that requires our imme-                     The PRESIDING OFFICER. Without
      be able to carry the Small Diameter                      diate attention.                                       objection, it is so ordered.
      Bomb. In 2008, the F/A–22’s radar sys-                     Despite the obvious advantages, and                                   AMENDMENT NO. 1516
      tem will be enhanced with a ‘‘look-                      now necessity, of this aircraft, the De-                 Mr. HATCH. I send an amendment to
      down’’ mode enabling the Raptor to                       partment of Defense has made the deci-                 the desk and ask for its immediate con-
      independently hunt for targets on the                    sion to purchase only 180 F/A–22s.                     sideration.
      ground.                                                    Some argue that the cost of this air-                  The PRESIDING OFFICER. The
        All of these capabilities are nec-                     craft is too high.                                     clerk will report.
      essary to fight what is quickly emerg-                     In response, the supporters of the                     The assistant legislative clerk read
      ing as ‘‘the’’ threat of the future—the                  F/A–22 devised a new procurement                       as follows:
      anti-access integrated air defense sys-                  strategy called ‘‘Buy to Budget.’’ This                  The Senator from Utah [Mr. HATCH], for
      tem. Integrated air defenses include                     strategy capped the total cost for the                 himself, Mr. INHOFE, Mr. BENNETT, and Mr.
      both surface to air missiles and fight-                  procurement of the aircraft and forced                 CHAMBLISS, proposes an amendment num-
      ers deployed in such a fashion as to le-                 the Air Force and the Raptor’s primary                 bered 1516.
      verage the strengths of both systems.                    contractor, Lockheed Martin, to cut                      Mr. HATCH. I ask unanimous consent
      Such a system could pose a very real                     the cost of plane. These efforts have so               that the reading of the amendment be
      possibility of denying U.S. aircraft ac-                 far been successful, and two years ago                 dispensed with.
      cess to strategically important regions                  an additional F/A–22 was procured sole-                  The PRESIDING OFFICER. Without
      during future conflicts.                                 ly based upon savings.                                 objection, it is so ordered.



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                  S8779
        The amendment is as follows:                           meet the unique sustainment chal-                      nance lines have achieved and sus-
      (Purpose: To express the sense of the Senate             lenges faced by a nation that harnesses                tained 100-percent on-time delivery
        regarding the investment of funds as called            the advantages of technology on the                    rates, a large extent due to the effi-
        for in the Depot Maintenance Strategy and              battlefield. It bears remembering that                 ciencies created by lean techniques.
        Master Plan of the Air Force)                          one of our Nation’s primary means of                   When you tour our depots, you can
        On page 66, after line 22, insert the fol-             maintaining this advantage is through                  sense the excitement and renewed pride
      lowing:                                                  the integrated sustainment support                     the workers have, in part, because of
      SEC. 330. SENSE OF THE SENATE REGARDING                  provided by the Air Force’s depots.                    the lean processes and the new tools
                  DEPOT MAINTENANCE.
                                                               This is true for the maintenance of tac-               and infrastructure provided by the
        (a) FINDINGS.—The Senate finds that—
        (1) the Depot Maintenance Strategy and                 tical aircraft, such as the F–16 and A–                funds allocated by the Depot Strategy
      Master Plan of the Air Force reflects the es-            10, which is performed in my home                      which make lean possible. This has
      sential requirements for the Air Force to                State of Utah at Hill Air Force Base.                  truly been a successful investment.
      maintain a ready and controlled source of or-            Tactical aircraft require this level of                  Another example of how the funds al-
      ganic technical competence, thereby ensur-               maintenance due to the stress caused                   located under the Depot Strategy are
      ing an effective and timely response to na-              by supersonic flight and high-g turns.                 assisting the war fighter while pro-
      tional defense contingencies and emergency               Our tanker and airlift fleets also re-                 viding value to the taxpayer can be
      requirements;                                                                                                   found in a project in this year’s De-
                                                               quire this level of service due to corro-
        (2) since the publication of the Depot Main-
                                                               sion and metal fatigue.                                fense authorization bill. Hill Air Force
      tenance Strategy and Master Plan of the Air
      Force in 2002, the service has made great                  Equally impressive, this support is                  Base is home to one of only two Car-
      progress toward modernizing all 3 of its De-             accomplished while simultaneously                      negie Mellon-rated capable maturity
      pots, in order to maintain their status as               providing supply chain management                      model level 5 software centers in the
      ‘‘world class’’ maintenance repair and over-             for millions of components and pieces                  Department of Defense. A level 5 des-
      haul operations;                                         of equipment. However, what makes                      ignation facility indicates that the fa-
        (3) one of the indispensable components of             our depots truly vital to national secu-               cility is in the top 2 percent of all soft-
      the Depot Maintenance Strategy and Master                rity is their ability to provide imme-                 ware development centers. In addition,
      Plan of the Air Force is the commitment of
                                                               diate support during periods of conflict               Hill’s Software Engineering Division
      the Air Force to allocate $150,000,000 a year
      over 6 years, beginning in fiscal year 2004, for         or urgent need. In fact, no one matches                affords the Air Force a $40-per-hour
      recapitalization and investment, including               our Nation’s depots in meeting the                     labor rate savings over its major indus-
      the procurement of technologically advanced              critical ‘‘surge’’ requirements of our                 try competitors.
      facilities and equipment, of our Nation’s 3              Nation.                                                  For these reasons, the Air Force de-
      Air Force depots; and                                      Unfortunately, during the 1990s, our                 cided to increase the amount of work
        (4) the funds expended to date have ensured            Nation did not make the necessary in-                  performed by the division by 176,000 di-
      that transformation projects, such as the                vestments in our depots to build and                   rect product standard hours. However,
      initial implementation of ‘‘Lean’’ and ‘‘Six             procure technologically advanced fa-                   the existing building is full and unable
      Sigma’’      production    techniques,    have
                                                               cilities and equipment technologies.                   to support the increase in personnel
      achieved great success in reducing the time
      necessary to perform depot maintenance on                Therefore, the depots were not meeting                 necessary to accomplish this new
      aircraft.                                                their full potential. Congress and the                 workload. The funding allocated under
        (b) SENSE OF THE SENATE.—It is the sense               Air Force identified this problem and, I               the Depot Maintenance Strategy pro-
      of the Senate that—                                      am proud to say, worked together to                    vides the solution, and this bill author-
        (1) the Air Force should be commended for              find a solution. That solution was the                 izes appropriations to build a new ex-
      the implementation of its Depot Mainte-                  Air Force Depot Maintenance Strategy                   tension to the facility. Not too bad
      nance Strategy and Master Plan and, in par-              and Master Plan. This strategy re-                     when it has been determined that this
      ticular, meeting its commitment to invest
      $150,000,000 a year over 6 years, since fiscal
                                                               affirmed our Nation’s commitment to                    project will pay for itself in 8.75 years.
      year 2004, in the Nation’s 3 Air Force Depots;           the ‘‘essential requirement for the Air                  We are only halfway through the 6-
      and                                                      Force to maintain a ready and con-                     year investment plan as called for by
        (2) the Air Force should continue to fully             trolled source of organic technical                    the Depot Maintenance Strategy. I rise
      fund its commitment of $150,000,000 a year               competence to ensure an effective and                  with my colleagues to say to the Air
      through fiscal year 2009 in investments and              timely response to national defense                    Force: Well done. But I must add—and
      recapitalization projects pursuant to the                contingencies and emergency require-                   this is the essential point of my
      Depot Maintenance Strategy and Master                    ments.’’                                               amendment—the Air Force must keep
      Plan.                                                      But more than just a piece of paper                  going. The depots have made enormous
        Mr. HATCH. Today I rise to propose                     articulating lofty goals, this strategy                progress in even further efficiently sup-
      an amendment that is cosponsored by                      committed the Air Force to allocating                  porting the war fighter, which now is
      fellow members of the Senate Air                         $150 million a year for 6 years in order               more important than ever. However, if
      Force Depot Caucus, specifically Sen-                    to achieve the objectives of maintain-                 we are to support our war fighters in
      ators INHOFE, BENNETT and CHAMBLISS.                     ing the depots status as ‘‘world class’’               the manner in which they deserve, this
      Before I proceed to discuss the merits                   maintenance repair and overhaul oper-                  investment must continue. The first
      of my amendment, I thank publicly my                     ations.                                                steps have been made. Completing the
      colleagues, and their staffs, of the                       One of the most clear examples of                    full 6 years of Depot Strategy mod-
      depot caucus, not only for their assist-                 how this money has been construc-                      ernization funding is an essential com-
      ance in supporting this amendment,                       tively allocated can be found in the                   ponent to ensure we will always pro-
      but for the tireless work that we have                   success of the initial implementation                  vide the best to the men and women
      all performed over the past several                      of revolutionary lean production tech-                 who risk so much to keep us free.
      years to modernize and recapitalize our                  niques at our Nation’s depots. Lean                      Mr. President, I also desire at this
      Nation’s Air Force Depots.                               manufacturing principles, first devel-                 time to thank three individuals who
        Why is that important? Why do we                       oped by the Toyota Corporation, aim                    have been steadfast supporters of the
      need our Air Force Depots? Simply put,                   to eliminate waste in every area of pro-               Depot Maintenance Strategy.
      today the United States boasts the                       duction. In practice, workers are no                     First, I must recognize retiring As-
      most formidable military that the                        longer just responsible for a specific                 sistant Secretary of the Air Force Nel-
      world has ever known. However, his-                      section of production. Workers are                     son Gibbs, who is one of the authors of
      tory has shown, that a technologically                   challenged to develop new skills and                   Depot Strategy. We would not be where
      superior force can be defeated if the                    trades so they are responsible for more                we are today without his support and
      weapons systems being utilized by that                   portions of the production process.                    guidance. I wish him well in his well-
      force cannot be maintained or repaired                     The results have been outstanding.                   deserved retirement. I also wish to
      in a timely fashion.                                     Workflow days, the days it takes to                    thank the implementers of the Strat-
        Mindful of this lesson, the Depart-                    provide maintenance to a part or sys-                  egy, GEN Lester Lyles, the former
      ment of Defense and Congress have cre-                   tem, are down. At Hill Air Force Base,                 commander of Air Force Materiel Com-
      ated an infrastructure designed to                       the C–130 and F–16 aircraft mainte-                    mand and its present commander, and



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      S8780                                             CONGRESSIONAL RECORD — SENATE                                                              July 25, 2005
      my good friend, GEN Gregory Martin.                        I have talked on this floor many                     increased by 20.4 percent. And the level
      You will not find two finer officers who                 times about the fact that our artillery                of spare parts in stock improved by 5.5
      have ever served. To them I say: Thank                   piece is not as good as one that is made               percent. Such improvements are an in-
      you for your leadership and guidance in                  in five different countries. The old Pal-              dication of the impact of this funding,
      modernizing our infrastructure so we                     adin technology is World War II tech-                  and this was only a single 1-year pe-
      can most efficiently and effectively                     nology. That is something we are going                 riod.
      support the war fighter. I thank them.                   to correct with our future combat sys-                   We have spoken frequently in this
        I thank my colleagues, all of whom                     tem.                                                   body about the advanced age and chal-
      support this as well.                                      But I commend the Senator from                       lenges of some of our most critical low-
        Mr. President, I yield the floor to my                 Utah for his comments about the F/A–                   density, high-demand aircraft, such as
      colleague.                                               22. When we get the joint strike fighter               the C–130 tactical airlifter, and the KC–
        The PRESIDING OFFICER. The Sen-                        and the F/A–22, we will be back in a po-               135 refueling tanker. The average age
      ator from Oklahoma.                                      sition where we will be sending our                    of the C–130 E and H models flying
        Mr. INHOFE. Mr. President, I will                      young people out there with the best of                today is 40 years. The average age of
      first make a comment or two.                             equipment. We need to get there as                     the KC–135 E and R models flying today
        Mr. WARNER. Mr. President, may                         rapidly as possible.                                   is 44 years. We went through some ar-
      the manager of the bill address the                        I also want to make a comment                        duous times, several years ago—about
      Senate for a moment?                                     about the depot funding plan amend-                    15 years ago—getting the C–17 on line.
        The PRESIDING OFFICER. Will the                        ment that is offered by Senator HATCH.                 It was a recognition that we have to
      Senator from Oklahoma yield?                             It supports the important and vital                    modernize this fleet. I am very thank-
        Mr. WARNER. Mr. President, the
                                                               work being performed by our aircraft                   ful we have increased the numbers as
      way we run is the managers usually try
                                                               depot facilities.                                      the years have gone by. No one would
      to get recognition.                                        Since the Bush administration came
        What we would now like to do, Mr.                                                                             have ever believed, prior to Bosnia,
                                                               into office, we have seen a renewed in-                Kosovo, Afghanistan, and Iraq, the
      President, is to have the Senator from
                                                               terest in the Air Force’s depots. To                   need we would have on these heavy-lift
      Oklahoma address his amendments—
                                                               kind of fill us in where we are right                  vehicles.
      for what period of time?
                                                               now with that, I can remember when                       We could go on and on, but the point
        Mr. INHOFE. Mr. Chairman, I would
                                                               the last Secretary of the Air Force                    we want to make is, if we are going to
      like to have a few minutes to respond
                                                               came in, his first trip was to Tinker                  keep our aging fleet of aircraft flying,
      to some of the substance of the two
                                                               Air Force Base to see how creative                     we must not only maintain them but
      subjects discussed by the Senator from
                                                               they were, to kind of personally exam-                 we must also modify them and give
      Utah. Then I would like to describe the
                                                               ine the kind of work they were doing.                  them the latest technology, avionics
      amendments I have offered. It will
                                                               He recognized we have to handle the                    and things, so we will provide our
      probably take me 20 minutes.
        Mr. WARNER. I thank the Senator                        problem that has been there for many,                  young people with the same advantage
      from Oklahoma.                                           many years; that is, we need to have an                that some of our prospective opponents
        The Senator from Florida desires rec-                  in-house capability for depot mainte-                  would have.
      ognition, so I would ask the Senator                     nance on core issues.                                    At our Air Force depots today, we re-
      from Florida if he could give a rough                      The problem has always been: How do                  quire engineers and fabrication techni-
      estimate of the time he would like fol-                  you define the core issue? The core                    cians to solve ever-challenging design
      lowing the Senator from Oklahoma.                        issue is not an easy thing to describe                 and structural problems due to aircraft
        Fifteen minutes. Mr. President, I ask                  and define. But until it is properly de-               stress and fatigue that were never an-
      unanimous consent that the Senator                       fined, we have been using the ratio of                 ticipated when the aircraft were manu-
      from Oklahoma now be recognized for a                    50–50; in other words, to have the in-                 factured. But because of age, we are
      period not to exceed 20 minutes, to be                   house capability to handle 50 percent of               seeing such flaws. The civilian aviation
      followed by the Senator from Florida.                    the functions in the case of a war so we               industry recapitalizes, buying new air-
        The PRESIDING OFFICER. The Sen-                        would not be held hostage to a single                  craft when their planes are no longer
      ator from Oklahoma is recognized.                        source contractor.                                     feasible to fly. Unfortunately, our Air
        Mr. WARNER. Could we act on the                          The key to this overall reinvigora-                  Force does not have such a luxury. The
      UC request, Mr. President?                               tion has been the Air Force’s Depot                    effort the Air Force has started with
        The PRESIDING OFFICER. Without                         Maintenance Strategy and Master Plan                   the Depot Maintenance Strategy and
      objection, it is so ordered.                             that will ensure America’s air and                     Master Plan must be sustained, and
        The Senator from Oklahoma.                             space assets are ready to rapidly re-                  Congress must provide the necessary
        Mr. INHOFE. Mr. President, first of                    spond to any national security threat.                 resources.
      all, let me say I was listening intently                 Because of this plan we have begun a                     In light of this, I applaud the sense of
      while the senior Senator from Utah                       restoration and modernization of our                   the Senate being offered by Senator
      talked about the F/A–22. I would like to                 Air Force’s three depot facilities lo-                 HATCH. This has been a problem we
      add one thing that perhaps he assumes                    cated in Oklahoma, Utah, and Georgia,                  have seen coming. We know it is there.
      everyone is aware of, but I keep finding                 which will ensure the United States is                 We have been able to now give our de-
      people are not aware of it, and that is                  able to maintain world-class aircraft                  pots some of the same resources, some
      the Chief of the Air Force now, General                  repair and overall facilities.                         of the same modernization. They have,
      Jumper, not too long ago, I think 1997,                    If we are to realize the end result of               on a competitive basis, proven they can
      made a very courageous observation.                      this Maintenance Strategy and Master                   do a very good job.
      He called to the attention of the Amer-                  Plan, it is incumbent upon Congress to                                  AMENDMENT NO. 1313
      ican people that the Russians were                       fulfill the Air Force’s commitment for                   Mr. INHOFE. Mr. President, I have
      making—at that time he was referring                     allocating $150 million a year, over a 6-              two amendments I have already filed.
      to the Su–30, a strike vehicle, that it                  year period, for recapitalizing, invest-               The second amendment is going to re-
      was actually better than anything we                     ing, and procuring advanced facilities,                quire a new number. The two I am
      had in our inventory, our F–15 or F–16.                  equipment, and operation. This funding                 going to be discussing are the ICRC
        I think a lot of people assumed auto-                  began in fiscal year 2004, and signifi-                amendment. I have several cosponsors
      matically that when we go onto the                       cant in-roads have already been made.                  of the amendment, including Senator
      battlefield America has the very best                      In one year alone, with this funding                 KYL. I ask unanimous consent that
      of equipment. That is not true. It is                    support, the Air Mobility Command re-                  Senator ENZI be added as a cosponsor
      kind of scary when you think about a                     ported that the rate of aircraft ground-               to amendment No. 1313.
      strike vehicle that is out there that                    ed due to parts issues decreased by 37.6                 The PRESIDING OFFICER. Without
      has greater capability than our very                     percent. It bettered its flying hour goal              objection, it is so ordered.
      best and the fact that the American                      by 922,000 hours. The rate of aircraft in-               Mr. INHOFE. The other amendment
      people expect the United States to                       cidents due to parts issues decreased by               has a new number. We have talked
      have the best of everything.                             23.4 percent. Logistics response time                  about it before. It is the U.S.-China



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                      S8781
      Commission amendment. It is now No.                      criticism and restraint. Again, keep in                lion in funding to the ICRC. I ask for
      1476. It is my intention to make a few                   mind, 24,000 interrogations, and they                  some accountability for the use of this
      comments about these two and then to                     only found three. And they were found                  money and a modicum of oversight.
      ask for the yeas and nays. We would                      by us, not somebody else snooping                      For example, I think it is fair to ask:
      like to get to a vote on these amend-                    around.                                                How is our money being spent? What
      ments by tonight.                                          Most, if not all, of these incidents are             are the activities of the ICRC to deter-
        First, the amendment concerning the                    at least a year old. I am very impressed               mine the status of American POWs/
      ICRC. I simply want to clarify some                      with the way the military, the FBI,                    MIAs, unaccounted for since World War
      people’s thinking that the ICRC is not                   and other agencies conducted them-                     II? What were the efforts of the ICRC
      the American Red Cross. This is the                      selves. The report shows me that an in-                to assist America’s POWs held in cap-
      International Committee on the Red                       credible amount of restraint and dis-                  tivity during the Korean war, the Viet-
      Cross. It has no relationship to the                     cipline was present at Gitmo.                          nam war, and other subsequent con-
      American Red Cross.                                        Having heard a lot about the Field                   flicts? Has the ICRC exceeded its man-
        My first concern is for American                       Manual 3452, I asked, ‘‘Are the DOD                    date, violated established practices or
      troops. The ICRC has been around since                   guidelines, as currently published in                  principles, or engaged in advocacy
      1863 and has been there for American                     that manual, appropriate to allow in-                  work that exceeds the ICRC’s mandate
      soldiers, sailors, airmen, and marines                   terrogators to get valuable informa-                   as provided under the Geneva Conven-
      throughout two world wars. I thank                       tion, intelligence information, while                  tion? That essentially is what this
      them for that work. Likewise and                         not crossing the line from interroga-                  amendment does.
      moreover, I thank all Americans for                      tion to abuse?’’ The answer from Gen.                     At this point I will read the very last
      military service to America. I did have                  Bantz J. Craddock, Commander of U.S.                   paragraph of the Wall Street Journal
      occasion to be in the U.S. Army. It was                  Southern Command was, ‘‘I think, be-                   article. It says:
      the best thing that ever happened in                     cause that manual was written for                         We are trying to understand how a rep-
      my life. In my continuing preeminent                     enemy prisoners of war, we have a                      resentative of an organization pledged to
                                                                                                                      neutrality and the honest investigation of
      concern for American troops, however,                    translation problem, in that enemy
                                                                                                                      detainee practices could compare American
      I am compelled to note some concerns                     prisoners are to be treated in accord-                 soldiers to Nazi SS. And considering the tim-
      and pose some questions about a drift                    ance with the Geneva Conventions—                      ing and content of several ICRC confiden-
      in focus of the ICRC away from its core                  that doesn’t apply. That’s why the rec-                tiality breaches concerning the U.S. war on
      principles in its mission statement. In-                 ommendation was made and I affirmed                    terror, it’s fair to ask if similar views aren’t
      deed, I fear the ICRC may be harming                     it. We need a further look here on this                held by a substantial number in the organi-
      the morale of our American troops by                     new phenomenon of enemy combat-                        zation.
                                                                                                                         The world needs a truly neutral humani-
      unjustified allegations that detainees                   ants. It’s different, and we’re trying to              tarian body of the sort the ICRC is supposed
      and prisoners are not being properly                     use, I think, a manual that was written                to be. But the Camp Bucca incident—in addi-
      treated.                                                 for one reason in another environ-                     tion to leaked Gitmo and Abu Ghraib re-
        For example, an ICRC official visited                  ment.’’                                                ports—is evidence it isn’t currently up to the
      Camp Bucca, a theater internment fa-                       Lt. Gen. Randall M. Schmidt, the                     task.
      cility for enemy prisoners that is, as of                senior investigating officer said, ‘‘Sir, I                                EXHIBIT 1
      January 2005, being operated by the                      agree. It’s critical that we come to                    [From the Wall Street Journal, May 23, 2005]
      18th Military Police Brigade and Task                    grips with not hanging on a Cold War                                AS BAD AS THE NAZIS?
      Force 134, near Umm Qasr in southern                     relic of Field Manual 3452, which ad-                     The International Committee of the Red
      Iraq. As of late January 2005, the facil-                dressed an entirely different popu-                    Cross is granted a privileged status to in-
      ity had a holding capacity of 6,000 pris-                lation. If we are, in fact, going to get               spect the conditions of prisoners of war and
      oners but only held 5,000. These pris-                   intelligence to stay ahead of this type                other detainees in return for confidentiality.
                                                                                                                      But in recent years it has demonstrated a
      oners were being supervised by 1,200                     of threat, we need to understand what
                                                                                                                      habit of selective media leaks damaging to
      Army MPs and Air Force airmen. Ac-                       else we can do and still stay in our lane              American purposes. This is the backdrop for
      cording to the Wall Street Journal, cit-                 of humane treatment.’’                                 two recent incidents that make us think the
      ing a Defense Department source, the                       Brig. Gen. John T. Furlow, the inves-                U.S. should reconsider the ICRC’s role.
      ICRC official told U.S. authorities:                     tigating officer, stated, ‘‘Sir, in echo-                 The first concerns a story we heard first
        You people are no better than and no dif-              ing that, F.M. 3452 was originally writ-               from a U.S. source that an ICRC representa-
      ferent than the Nazi concentration camp                  ten in 1987, further updated and refined               tive visiting America’s largest detention fa-
      guards.                                                                                                         cility in Iraq last month had compared the
                                                               in 1992, which is dealing with the Gene-
                                                                                                                      U.S. to Nazi Germany. According to a De-
        I ask unanimous consent that this                      va question as well as an ordered battle               fense Department source citing internal Pen-
      entire article be printed in the RECORD                  enemy, not the enemy that we’re fac-                   tagon documents, the ICRC team leader told
      at the conclusion of my remarks about                    ing currently. I’m aware that Fort                     U.S. authorities at Camp Bucca: ‘‘You people
      the ICRC.                                                Huachuca’s currently in a rewrite of                   are no better than and no different than the
        The PRESIDING OFFICER. Without                         the next 3452, and it’s in a draft form                Nazi concentration camp guards.’’ She was
      objection, it is so ordered.                             right now.’’                                           upset about not being granted immediate ac-
        (See exhibit 1.)                                         It is clear that our military has hu-                cess shortly after a prison riot, when U.S.
        The Senate Armed Services Com-                         mane treatment placed at the forefront                 commanders may have been thinking of her
                                                                                                                      own safety, among other considerations.
      mittee has now held 13 hearings on the                   of their concerns.                                        A second, senior Defense Department
      topic of prisoner treatment.                               At the same time I want to ask: What                 source we asked about the episode confirmed
        Sometimes we get bogged down in all                    other country would freely discuss in-                 that the quote above is accurate. And a
      the detail and we forget about the                       terrogation techniques used against                    third, very well-placed American source we
      overall picture, the big picture. And                    high-value intelligence detainees dur-                 contacted separately told us that some kind
      I’m shocked when I found, only last                      ing a time of war when suicide bombers                 of reference was made by the Red Cross rep-
      Tuesday, from the Pentagon’s report,                     are killing our fellow citizens?                       resentative ‘‘to either Nazis or the Third
      that after 3 years and 24,000 interroga-                   That was disturbing to me. The last                  Reich’’—which understandably offended the
                                                                                                                      American soldiers present.
      tions, there were only three acts of vio-                of the many hearings we had was one                       The world needs a truly neutral humani-
      lation of the approved interrogation                     where they were describing in detail                   tarian body of the sort the ICRC is supposed
      techniques authorized by Field Manual                    our interrogation techniques, knowing                  to be. But the Camp Bucca incident—in addi-
      3452 and DOD guidelines.                                 full well that the terrorists are watch-               tion to the leaked Gitmo and Abu Ghraib re-
        The small infractions found were                       ing on live TV and training their peo-                 ports—is evidence it isn’t currently up to the
      found by our own government, cor-                        ple on how to handle those. I think it                 task.
      rected and now reported. In all the                      is something on which we have gone far                   Mr. INHOFE. Mr. President, I have
      cases no further incidents occurred. We                  enough. That is another subject we will                been informed I will be asking for the
      have nothing to be ashamed of. What                      be discussing in a few minutes.                        yeas and nays for two different amend-
      other country attacked as we were                          In the past 15 years, the United                     ments. I will do that after explaining
      would exercise the same degree of self-                  States has provided more than $1.5 bil-                the second amendment.



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      S8782                                             CONGRESSIONAL RECORD — SENATE                                                         July 25, 2005
        I know the Senator from Florida,                       and NASA that you can’t have oil rigs                  body wants to go home for the August
      under UC, now has 15 minutes. My time                    where you are dropping the solid rock-                 recess and do all of their town hall
      is about to expire. I would ask unani-                   et boosters from the space shuttle and                 meetings, and so forth. I know there is
      mous consent that at the conclusion of                   where we are dropping the first stages                 the interest in passing an energy con-
      the remarks of the Senator from Flor-                    of the expendable booster rockets com-                 ference bill, if they reach agreement.
      ida, I be recognized to present what                     ing out of the Cape Canaveral Air                      Clearly, I don’t want to slow up the en-
      was amendment 1312 and now is No.                        Force station.                                         ergy conference bill if they reach
      1476. And at the conclusion, I will be                     We took on this fight a month or so                  agreement. But, of course, if the rep-
      asking for the yeas and nays.                            ago when the Energy bill was here and                  resentations and the agreements that
        The PRESIDING OFFICER. Is there                        we won this fight, thanks to the agree-                were made in good faith are broken—in
      objection?                                               ment of the chairman and the ranking                   fact, that were made on the floor of the
        Mr. DORGAN. I ask unanimous con-                       member of the Energy Committee that                    Senate and are part of the CONGRES-
      sent to be recognized following the                      they would not support any amend-                      SIONAL RECORD—if those agreements
      Senator from Oklahoma.                                   ments that would allow drilling out                    are broken, this Senator from Florida
        Mr. INHOFE. I ask unanimous con-                       here in the eastern gulf.                              will have no choice.
      sent that I be recognized for 15 min-                      Speaking of that, just so you can see                  This would represent a reversal of ad-
      utes, followed by the Senator from                       how dramatic it is that the eastern                    ministration policy because this ad-
      North Dakota.                                            gulf does not have this drilling, I want               ministration has pledged to uphold the
        The PRESIDING OFFICER. Without                         you to look at this particular map of                  moratorium on the Outer Continental
      objection, it is so ordered.                             the gulf coast—Texas, Louisiana, Mis-                  Shelf from drilling until the year 2012.
        The Senator from Florida.                              sissippi, Alabama, Florida. You will no-               Although a portion right there is not
        Mr. NELSON of Florida. Mr. Presi-                      tice the drilling, as represented by the               included within the moratorium, nev-
      dent, I want to speak on the Defense                     green, is where the oil is. The geology                ertheless, the line they have drawn
      bill to point out a major national asset                 shows that there is no drilling in the                 clearly includes other portions of the
      with regard to our military prepara-                     eastern gulf. There is no oil there. But               moratorium. It is a reversal of admin-
      tion. What I am about to say actually                    there is another reason there are not                  istration policy.
      involves some subterranean negotia-                      rigs there, besides the dry holes they                   It would also give this area, called
      tions that are going on outside of the                   came up with, and it is all of that area               lease-sale 181, to the State of Lou-
      light of day on another bill, on the En-                 is restricted air space. Now, all well                 isiana. If lease-sale 181 is part of the
      ergy conference bill, but it relates di-                 and good.                                              State of Louisiana, off of the coast of
      rectly to what we are doing here. I                        Mr. President, we have just inter-                   Florida, then why did the administra-
      want to point it out.                                    cepted an e-mail from the White House,                 tion negotiate in 2001 to cut back lease-
        One of the great national assets we                    and it is an e-mail sent to energy con-                sale 181 from 6 million acres to a mil-
      have is off the coast of Florida called                  ference conferees—something that has                   lion and a half acres, so it would not go
      restricted airspace. As you can see, off                 some significance to the occupant of                   over the Florida-Alabama line? There
      the northeast coast of Florida from                      the chair. Attached is the administra-                 are all kinds of inconsistencies here. It
      Cape Canaveral north all the way to                      tion’s proposal. The proposal would                    is purely—call it what it is; it is an in-
      Savannah, GA is a considerable bit of                    allow for new leasing activities in the                tent to drill for oil and gas off of the
      restricted airspace. You will also no-                   eastern gulf. They define it in Lou-                   coast of Florida.
      tice on this map of the peninsula of                     isiana waters as defined by the use of                   I can tell you that 18 million people
      Florida and the Gulf of Mexico that al-                  seaward lateral boundaries. They go on                 in Florida don’t want oil rigs off their
      most the entire area of the Gulf of                      in this White House e-mail to say:                     shores. In the first place, the geology
      Mexico off of the State of Florida is re-                 Interior and the Office of Management and             shows, along with many dry holes, that
      stricted airspace. It is not any puzzle                  Budget have signed off on this language.               there is not much oil and gas. In the
      to understand when the Atlantic fleet,                     Well, let’s sound the alarms because                 second place, we have an extraordinary
      U.S. Navy training, was shut down on                     here is what they plan to do. We went                  $50 billion a year tourism industry that
      the island of Vieques off of Puerto                      through this drill a couple months ago                 depends on what? It depends on what is
      Rico, that most of that training came                    when the Energy bill was here. Why?                    depicted in this picture. This other pic-
      here to northwest Florida. Not only be-                  We got the chairman of the Energy                      ture is not what we want. This is a pho-
      cause of the major military facilities                   Committee and the ranking member to                    tograph from a month and a half ago
      at Pensacola, Whiting, Eglin Air Force                   agree to oppose these amendments—                      when we had the Energy bill on this
      Base, Tindale Air Force Base, where,                     this is in the CONGRESSIONAL RECORD—                   floor of 100 pelicans that were killed as
      by the way, we have been talking about                   because this line, which is the Florida-               a result of an oil spill off of Lou-
      the FA–22, the training for the pilots is                Alabama line, beyond which there is no                 isiana—that is a recent photograph—
      at Tindale Air Force Base right here.                    leasing in any of the waters of the gulf,              and another 400 were severely damaged.
      The training for the pilots for all                      well, suddenly, they are going to draw                 We don’t want that. We want the other.
      branches of Government for the new F–                    the line of the State of Louisiana,                      The third reason is one I had ex-
      135, the joint fighter, is done at Eglin                 which is over here, to be a line that                  plained at the outset. This is what we
      Air Force Base. Why? Because we have                     comes out here and goes into the east-                 want for the defense of our country. We
      the restricted airspace in which that                    ern Gulf of Mexico, under the fiction                  want to continue to do our training.
      training can occur and where land, sea,                  that that line would be the waters of                  We want all of that training that has
      and air exercises can be coordinated.                    Louisiana and, thus, giving a pretext                  come from Puerto Rico to go unham-
      That is a major national asset.                          to invade the waters off of Florida, in-               pered off of the coast of Florida, where
        Alas, people, certain interests, want                  cluding the waters underneath the re-                  land, sea, and air military exercises
      to come out here and drill for oil in the                stricted airspace, to allow oil and gas                can be coordinated without the threat
      eastern Gulf of Mexico. You can’t be                     drilling.                                              of interference from oil rigs below.
      conducting these military maneuvers,                       The administration is pushing a pro-                   The fourth reason is the coast of
      this training that is so essential to our                posal in the conference between the                    Florida has something besides our nat-
      mission in the Department of Defense,                    House and the Senate that does not                     ural beauty and beaches. It has some of
      you can’t be doing that if you have to                   have such a provision in either bill. To               the most pristine and ecologically sen-
      worry about oil rigs on the surface of                   the contrary. The House took a posi-                   sitive estuaries, rivers, and bays that
      the Gulf of Mexico below. That is the                    tion against drilling in the eastern                   come into the gulf. That is a very im-
      same right over here on the east coast,                  gulf, and the Senate did likewise in the               portant place to keep so that the bal-
      a battle I had to wage 15, 20 years ago                  agreement of the chairman and the                      ance of nature can occur with the
      when it was proposed to drill from Cape                  ranking member.                                        oceans.
      Hatteras, NC all the way south to Fort                     So I want to alert the Senate. I hope                  For all of these reasons, I wanted to
      Pierce, FL. Ultimately, we won that                      this is not going to be the case because               share with the Senate that I hope I
      battle with the recognition by the DOD                   we are down to a week before every-                    don’t have to be out here later this



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                     S8783
      week making these speeches again be-                       Mr. INHOFE. Mr. President, I ask for                   (2) On March 14, 2005, the National People’s
      cause I took it at face value and in                     the yeas and nays on amendment No.                     Congress approved a law that would author-
      good faith that the representations                      1313.                                                  ize the use of force if Taiwan formally de-
      that were made here were going to                          The PRESIDING OFFICER. Is there a                    clares independence.
      stick. If they do not, then the Senator                  sufficient second? There is a sufficient                 (b) SENSE OF CONGRESS.—
      from Florida will have to judge accord-                  second.                                                  (1) PLAN.—The President is strongly urged
      ingly.                                                     The yeas and nays were ordered.                      to take immediate steps to establish a plan
        I yield the floor.                                                     AMENDMENT NO. 1476
                                                                                                                      to implement the recommendations con-
        The PRESIDING OFFICER. The Sen-                                                                               tained in the 2004 Report to Congress of the
                                                                 Mr. INHOFE. Mr. President, I ask                     United States-China Economic and Security
      ator from Oklahoma is recognized.                        that amendment No. 1313 be set aside                   Review Commission in order to correct the
                      AMENDMENT NO. 1313                       for the consideration of amendment                     negative implications that a number of cur-
        Mr. INHOFE. Mr. President, so we                       No. 1476, which I send to the desk.                    rent trends in United States-China relations
      can get procedurally back where we                         The PRESIDING OFFICER. Without                       have for United States long-term economic
      should be, I ask unanimous consent                       objection, it is so ordered.                           and national security interests.
      that the current amendment be set                          The clerk will report.                                 (2) CONTENTS.—Such a plan should contain
      aside for the consideration of amend-                      The legislative clerk read as follows:               the following:
      ment No. 1313.                                             The Senator from Oklahoma [Mr. INHOFE]                 (A) Actions to address China’s policy of
        The PRESIDING OFFICER. Without                         proposes an amendment numbered 1476.                   undervaluing its currency, including—
      objection, it is so ordered.                                                                                      (i) encouraging China to provide for a sub-
                                                                 Mr. INHOFE. Mr. President, I ask
        Mr. WARNER. Mr. President, before                                                                             stantial upward revaluation of the Chinese
                                                               unanimous consent that further read-                   yuan against the United States dollar;
      the Senator brings up this matter—and                    ing of the amendment be dispensed                        (ii) allowing the yuan to float against a
      he has the floor—I wonder if I can clar-                 with.                                                  trade-weighted basket of currencies; and
      ify this among my colleagues, to try to                    The PRESIDING OFFICER. Without                         (iii) concurrently encouraging United
      accommodate others. We have Senator                      objection, it is so ordered.                           States trading partners with similar inter-
      DORGAN to be recognized under the pre-                     The amendment is as follows:                         ests to join in these efforts.
      vious unanimous consent. I understand                    (Purpose: To express the sense of Congress               (B) Actions to make better use of the
      10 minutes would be sufficient there.                      that the President should take immediate             World Trade Organization (WTO) dispute set-
        Mr. REED. Fifteen minutes, I be-                         steps to establish a plan to implement the           tlement mechanism and applicable United
      lieve.                                                     recommendations of the 2004 Report to                States trade laws to redress China’s unfair
        Mr. WARNER. We are anxious to get                        Congress of the United States-China Eco-             trade practices, including China’s exchange
      going, but we will do 15 minutes. I see                    nomic and Security Review Commission)                rate manipulation, denial of trading and dis-
      the Senator from Colorado here. I                          At the end of title XII, insert the fol-             tribution rights, lack of intellectual prop-
      know the Senator from Arizona and                        lowing:                                                erty rights protection, objectionable labor
                                                               SEC.   1205.THE UNITED STATES-CHINA ECO-               standards, subsidization of exports, and
      the Senator from South Carolina called
                                                                           NOMIC AND SECURITY REVIEW COM-             forced technology transfers as a condition of
      within the hour. They need time. Can                                 MISSION.                                   doing business. The United States Trade
      the Senator advise me as to what his                       (a)   FINDINGS.—Congress finds the fol-              Representative should consult with our trad-
      desires might be?                                        lowing:                                                ing partners regarding any trade dispute
        Mr. ALLARD. Mr. President, I think                       (1) The 2004 Report to Congress of the               with China.
      10 minutes would be fine. I was going                    United States-China Economic and Security                (C) Actions to encourage United States
      to make an argument on an amend-                         Review Commission states that—                         diplomatic efforts to identify and pursue ini-
      ment that will be presented. I don’t                       (A)    China’s   State-Owned     Enterprises         tiatives to revitalize United States engage-
      know where it is before us. I do have a                  (SOEs) lack adequate disclosure standards,             ment with China’s Asian neighbors. The ini-
                                                               which creates the potential for United States          tiatives should have a regional focus and
      couple of amendments I would like to
                                                               investors to unwittingly contribute to enter-          complement bilateral efforts. The Asia-Pa-
      propose. I think for the debate on those                 prises that are involved in activities harmful
      two amendments and a floor state-                                                                               cific Economic Cooperation forum (APEC)
                                                               to United States security interests;                   offers a ready mechanism for pursuit of such
      ment, I probably need 10 minutes.                          (B) United States influence and vital long-          initiatives.
        Mr. WARNER. If the Senator from                        term interests in Asia are being challenged              (D) Actions by the administration to hold
      Colorado could be recognized following                   by China’s robust regional economic engage-            China accountable for proliferation of pro-
      Senator DORGAN, I would like to re-                      ment and diplomacy;                                    hibited technologies and to secure China’s
      serve an hour for myself and Senator                       (C) the assistance of China and North
                                                                                                                      agreement to renew efforts to curtail North
      MCCAIN and Senator LINDSEY GRAHAM.                       Korea to global ballistic missile prolifera-
                                                                                                                      Korea’s commercial export of ballistic mis-
        Mr. REED. Senator LEVIN will need                      tion is extensive and ongoing;
                                                                                                                      siles.
                                                                 (D) China’s transfers of technology and
      some time, also.                                         components for weapons of mass destruction
                                                                                                                        (E) Actions by the Secretaries of State and
        Mr. WARNER. He will certainly get                      (WMD) and their delivery systems to coun-
                                                                                                                      Energy to consult with the International En-
      that time. I ask unanimous consent for                   tries of concern, including countries that             ergy Agency with the objective of upgrading
      that.                                                    support acts of international terrorism, has           the current loose experience-sharing ar-
        The PRESIDING OFFICER. Is there                        helped create a new tier of countries with             rangement, whereby China engages in some
      objection?                                               the capability to produce WMD and ballistic            limited exchanges with the organization, to
        Mr. REED. Would the Senator re-                        missiles;                                              a more structured arrangement whereby
                                                                 (E) the removal of the European Union                China would be obligated to develop a mean-
      state the UC?
                                                               arms embargo against China that is cur-                ingful strategic oil reserve, and coordinate
        Mr. WARNER. I ask unanimous con-
                                                               rently under consideration in the European             release of stocks in supply-disruption crises
      sent that the Senator from Oklahoma                                                                             or speculator-driven price spikes.
      continue for about 10 minutes; Senator                   Union would accelerate weapons moderniza-
                                                               tion and dramatically enhance Chinese mili-              (F) Actions by the administration to de-
      DORGAN for 15 minutes; the Senator                       tary capabilities;                                     velop a coordinated, comprehensive national
      from Colorado for 10 minutes; and 1                        (F) China’s recent actions toward Taiwan             policy and strategy designed to meet China’s
      hour equally divided between Senators                    call into question China’s commitments to a            challenge to maintaining United States sci-
      WARNER, MCCAIN, and GRAHAM.                              peaceful resolution;                                   entific and technological leadership and
        The PRESIDING OFFICER. Is there                          (G) China is developing a leading-edge               competitiveness in the same way the admin-
      objection?                                               military with the objective of intimidating            istration is presently required to develop and
        Mr. REED. Reserving the right to ob-                   Taiwan and deterring United States involve-            publish a national security strategy.
      ject, I just want to protect the ability                 ment in the Strait, and China’s qualitative              (G) Actions to review laws and regulations
                                                               and quantitative military advancements                 governing the Committee on Foreign Invest-
      for Senator LEVIN to have time.
                                                               have already resulted in a dramatic shift in           ment in the United States (CFIUS), includ-
        Mr. WARNER. He can be recognized                                                                              ing exploring whether the definition of na-
                                                               the cross-Strait military balance toward
      following the hour of three of us.                       China; and                                             tional security should include the potential
        The PRESIDING OFFICER. Is there                          (H) China’s growing energy needs are driv-           impact on national economic security as a
      objection? Without objection, it is so                   ing China into bilateral arrangements that             criterion to be reviewed, and whether the
      ordered.                                                 undermine multilateral efforts to stabilize            chairmanship of CFIUS should be transferred
        The Senator from Oklahoma is recog-                    oil supplies and prices, and in some cases             from the Secretary of the Treasury to a
      nized.                                                   may involve dangerous weapons transfers.               more appropriate executive branch agency.




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      S8784                                             CONGRESSIONAL RECORD — SENATE                                                        July 25, 2005
        (H) Actions by the President and the Sec-                Third, the United States should revi-                CFIUS, should include national eco-
      retaries of State and Defense to press strong-           talize engagement in the Asian region,                 nomic security as a criterion for eval-
      ly their European Union counterparts to                  broaden our interaction with organiza-                 uation and the chairmanship to be
      maintain the EU arms embargo on China.
                                                               tions such as ASEAN, which is the As-                  transferred to a more appropriate chair
        (I) Actions by the administration to dis-
      courage foreign defense contractors from                 sociation of Southeast Asian Nations.                  allowing for increased security pre-
      selling sensitive military use technology or             Our lack of influence has been dem-                    cautions.
      weapons systems to China. The administra-                onstrated by the Shanghai Cooperation                    Right now CFIUS has actually re-
      tion should provide a comprehensive annual               Organization recently demanding that                   viewed some 1,500 cases of purchases by
      report to the appropriate committees of Con-             we set a troop pullout deadline in Af-                 foreign countries, and they have only
      gress on the nature and scope of foreign mili-           ghanistan. This clearly shows we do                    questioned 24. They relented on those
      tary sales to China, particularly sales by               not have much influence there.                         and only stopped one. That is 1 out of
      Russia and Israel.                                         Fourth, the administration ought to                  1,500. There is something wrong. We see
        (J) Any additional actions outlined in the
      2004 Report to Congress of the United States-
                                                               hold China accountable for prolifer-                   some things that are going on right
      China Economic and Security Review Com-                  ating prohibited technologies. Chinese                 now, such as Unocal, that have re-
      mission that affect the economic or national             companies, such as NORINCO, have                       ceived a lot of publicity. This is a very
      security of the United States.                           been sanctioned frequently and yet the                 strong recommendation. In fact, I have
         Mr. INHOFE. Mr. President, this                       Chinese Government refuses to enforce                  a separate resolution that covers just
      amendment is similar to one that I am                    their own nonproliferation agreements.                 this issue and this alone. It will rec-
      not going to offer that was previously                     Fifth, the U.N. should monitor nu-                   ommend that the chairmanship be
      going to be offered, No. 1312. There                     clear, biological, and chemical treaties               changed from the Secretary of Treas-
      have been several changes made, so a                     and either enforce these agreements or                 ury to the Secretary of Defense.
      new number is assigned to it.                            report them to the Security Council.                     Ninth, the administration should
         Mr. President, in October 2000, Con-                  The United States-China Commission                     continue its pressure on the EU to
      gress established the United States-                     has found that China has undercut the                  maintain its arms embargo on China.
      China Security Economic Review Com-                      U.N. in many areas, undermining what                   The recent Defense Department report
      mission to act as a bipartisan author-                   pressures we have tried to apply on                    states the EU would not have the capa-
      ity on how our relationship with China                   problematic states, such as Sudan and                  bility to monitor and enforce any lim-
      affects our economy, China’s military                    Zimbabwe.                                              its if the arms embargo is lifted.
      and weapons proliferation, and our in-                     Sixth, the administration ought to                     Tenth, penalties should be placed on
      fluence in Asia.                                         review the effectiveness of the one-                   foreign contractors who sell sensitive
         For the past 5 years, the Commission                  China policy in relation to Taiwan to                  military use technology or weapons
      has been holding hearings and issuing                    reflect the dynamic nature of the situ-                system to China from benefiting from
      annual reports to evaluate ‘‘the na-                     ation. The Defense Department’s an-                    U.S. defense-related research develop-
      tional security implications of the bi-                  nual report to Congress, released 2 days               ment in production programs. What is
      lateral trade and economic relation-                     ago, states that China’s military ‘‘sus-               going on is sales are taking place to
      ship with the United States and the                      tained buildup affects the status quo in               China on technology that has been sub-
      People’s Republic of China.’’ Their job                  the Taiwan Strait.’’ We have been                      sidized by the United States. In other
      is to provide us in Congress with the                    watching this for a number of years.                   words, we are putting ourselves in a
      necessary information to make deci-                      We have also been watching the growth                  situation where our national security
      sions about the complex situation.                       and enhancement of China’s conven-                     would be impaired by our own research
      However, I fear their reports have gone                  tional military capability. We have                    for which we have paid.
      largely unnoticed.                                       known about their nuclear capability                     Eleventh, the administration should
         This has been very disturbing. I have                 for some time. Now we see, as the Sen-                 also provide a report to Congress on
      had occasion to give four rather                         ator from Utah was mentioning a few                    the scope of foreign military sales to
      lengthy speeches concerning the rec-                     minutes ago, that countries are buying                 China.
      ommendations. I will not be redundant,                   these superior strike vehicles from                      Finally, Congress should support the
      and I certainly will not take the time                   Russia, such as the SU–30s. China, in                  recommendations of the Commission’s
      I took previously, but it is something                   one purchase, I understand, bought                     2004 report to Congress. Unless our re-
      that is very significant. This was a bi-                 some 240. One has to stop and think                    lationship with China is backed up
      partisan commission, made up of                          about this. It puts them in the position               with strong action, they will never
      Democrats and Republicans, some                          to have better strike vehicles than we                 take us seriously. We will certainly see
      Members of Congress, and some former                     do. Of course, we have seen the buildup,               more violations of proliferation trea-
      Members of Congress. They came out                       the effect on their relationship in the                ties. It is happening over and over. We
      with recommendations over a period of                    Taiwan Strait.                                         are looking at it right now. They con-
      years.                                                     Seventh, various energy agencies                     tinue to manipulate regional global
         I found the recommendations of the                    should encourage China to develop its                  trade through currency undervaluation
      Commission’s 2004 report—this is the                     strategic oil reserve in order to avoid a              and other unhealthy practices. They
      most recent approach—objective, nec-                     disastrous economic crisis if oil avail-               will develop unreliable oil sources and
      essary, and urgent, and I am offering                    ability becomes unstable. We have to                   energy alliances with countries that
      an amendment to express our support                      understand that we have a serious                      threaten international stability. They
      for these viable steps.                                  problem in this country with the fact                  will continue to escalate the situation
         This amendment expresses the sense                    that we are relying upon foreign coun-                 over Taiwan, raising the stakes in a
      of the Senate that China should, first,                  tries for some 65 percent of the oil we                game neither country can win.
      reevaluate its manipulated currency                      import. We are now starting to com-                      In today’s world, we see how the un-
      level and allow it to float against other                pete with China which has that great                   paid bills of the past come back to
      currencies. In the Treasury Depart-                      problem, too.                                          haunt us in full. Ignoring these prob-
      ment’s recent report to Congress, Chi-                     As one travels around and looks at                   lems is unacceptable.
      na’s monetary policies are described as                  countries such as Iran, Sudan, Nigeria,                  The United States-China Commission
      ‘‘highly distortionary and pose a risk                   and other countries where they are es-                 was created to give us in Congress a
      to China’s economy, its trading part-                    tablishing relationships—we have seen                  clear picture about what is going on.
      ners, and global economic growth.’’                      what they are doing in Venezuela right                 They have done their job. It is time for
         Second, the appropriate steps ought                   now—we have to recognize they are                      us to do our job.
      to be taken through the World Trade                      going to be our chief competition in be-                 I repeat, this is a commission that
      Organization to hold China account-                      coming self-sufficient in our ability to               has been working now for 4 years. It is
      able for its dubious trade practices.                    fight a war without dependency upon                    a bipartisan commission. These are
      Major problem issues, such as intellec-                  foreign countries.                                     specific recommendations. This amend-
      tual property rights, have yet to be ad-                   Eighth, the Committee on Foreign                     ment is a sense of the Senate to follow
      dressed.                                                 Investment in the United States, called                these recommendations.



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                S8785
        This is amendment No. 1476.                            thank my colleagues for their coopera-                 corded, $9 billion that was unaccounted
              AMENDMENT NO. 1312 WITHDRAWN                     tion. That amendment one that I de-                    for. ‘‘Uncle Sam Looks into Meal Bills:
        Mr. INHOFE. Mr. President, I with-                     scribed at some length on Friday. It                   Halliburton Refunds $27 Million as Re-
      draw amendment No. 1312.                                 has to do with the joint inquiry of the                sult.’’ A company that was a Saudi sub-
        The PRESIDING OFFICER. Without                         two Intelligence Committees into the                   contractor doing business through Hal-
      objection, amendment No. 1312 is with-                   terrorist attacks of September 11, 2001.               liburton billed the Government for
      drawn.                                                   It has to do with the 28 pages in this                 42,000 meals a day, but they only served
                      AMENDMENT NO. 1476                       joint inquiry that have been redacted                  14,000 meals to our troops. Let me say
                                                               and classified as top secret. The Amer-                that again. They were charging the
        Mr. INHOFE. We are considering
                                                               ican people should see these 28 pages.                 Government for 42,000 meals served
      amendment No. 1476. I ask for the yeas
                                                               The chairman and the ranking member                    every day to our troops; they were only
      and nays on amendment No. 1476.
                                                               of the Intelligence Committee at the                   serving 14,000 meals.
        The PRESIDING OFFICER. Is there a                                                                               This was not the first time Halli-
      sufficient second?                                       time said they believe the American
                                                               people should see these 28 pages. The                  burton has been questioned about this.
        There appears to be a sufficient sec-                                                                         This was in February 2004.
      ond.                                                     Government of Saudi Arabia said the
                                                               American people deserve to see these 28                  Also in February 2004, ‘‘Halliburton
        The yeas and nays were ordered.                                                                               Faces Criminal Investigation.’’
        Mr. INHOFE. I yield the floor.                         pages. This book went to the White
                                                               House for publication. The White                         They focus on efforts to solicit bids
        The PRESIDING OFFICER. The Sen-                                                                               that transport fuel to Baghdad. Prices
      ator from North Dakota.                                  House redacted it and classified it as
                                                                                                                      Halliburton charged for that work were
        Mr. DORGAN. Mr. President, am I                        top secret.
                                                                 I have read the 28 pages. My col-                    substantially higher than the cost of
      now recognized for 15 minutes?                                                                                  trucking in fuel from Turkey. Pen-
        The PRESIDING OFFICER. Yes.                            leagues have had an opportunity to
                                                               read them. My former colleague from                    tagon launches criminal investigation
        Mr. DORGAN. Mr. President, my col-                                                                            for possible fraud.
      league has sought to have the yeas and                   Florida, who was chairman of the Sen-
                                                                                                                        ‘‘Ex-Halliburton     Workers    Allege
      nays on his amendment. Let me do the                     ate Intelligence Committee, described
                                                                                                                      Rampant Waste.’’ Said one employee:
      same. I have two amendments pending.                     the question of whether the hijackers
                                                                                                                      They did not control costs at all. Their
      Should there be cloture invoked on this                  on 9/11—and 15 of the 19 were Saudi                    motto was do not worry about costs. It
      underlying bill, as my colleague from                    citizens—whether the hijackers re-                     is cost plus.
      Oklahoma has suggested, I would like                     ceived support from foreign interests                    Henry Bunting—who testified, inci-
      my amendments to be considered prior                     and, if so, what kind of support, which                dentally, before one of our Policy Com-
      to cloture. I have an amendment No.                      foreign interests. The American people                 mittee hearings—said that they spent
      1429, which is offered. I ask for the yeas               have a right to see this.                              $7,500 a month to rent ordinary vehi-
                                                                 I hope the Senate will finally vote on               cles, cars and trucks, when the vehicles
      and nays on both of my amendments.
                                                               asking the President to declassify                     could have been rented for less than
      Then I will speak on the amendments
                                                               these pages and give the American peo-                 $2,000 a month through the Internet. He
      ever so briefly.
                                                               ple the right to understand what is in                 also held up some towels. He said they
        I ask unanimous consent that the
                                                               those 28 pages.                                        had purchased monogrammed towels
      pending amendment be set aside.
                                                                 Again, the chairman of the Intel-                    for $7.50—these are hand towels for the
        The PRESIDING OFFICER. Without
                                                               ligence Committee and the ranking                      troops—that should have cost $2.50.
      objection, it is so ordered.
                                                               member, a Republican and a Democrat,                   Why $7.50? Because Halliburton wanted
               AMENDMENTS NOS. 1426 AND 1429
                                                               believed at the time those 28 pages                    their logo on the towels.
        Mr. DORGAN. Mr. President, I ask                       should not have been classified.                         Now it is May. In February, they
      that we consider amendment 1429. I                         I will now turn to amendment No.                     talked about overcharging 42,000 meals
      previously filed that amendment.                         1429. It deals with waste, fraud, and                  when they only served 14,000 meals.
        The PRESIDING OFFICER. The Sen-                        abuse in contracting in Iraq, and it                   Now it is May of last year, 4 months
      ator has a right to make that the reg-                   deals especially with Halliburton, but                 later, and the Pentagon says: We are
      ular order. The amendment is now                         not exclusively with Halliburton. I                    suspending $159 million in meal charges
      pending.                                                 have offered this amendment pre-                       to Halliburton for feeding soldiers be-
        Mr. DORGAN. Mr. President, I ask                       viously as well.                                       cause the fact is they were charging for
      for the yeas and nays on amendment                         It is unbelievable to me the billions                meals they were not serving.
      No. 1429.                                                and billions of dollars being spent. A                   They are still engaged in the same
        The PRESIDING OFFICER. Is there a                      substantial portion of it is being wast-               contract, still cheating, and nobody
      sufficient second?                                       ed. We know that, and yet no one                       does a thing about it.
        There appears to be a sufficient sec-                  seems to care or do much about it.                       ‘‘Millions in U.S. Property Lost.’’
      ond.                                                       Let me show some charts, if I may.                   Halliburton lost $18.6 million in Gov-
        The yeas and nays were ordered.                        This is a chart of someone who testi-                  ernment property in Iraq. Auditors
        Mr. DORGAN. I ask unanimous con-                       fied before a policy committee hearing                 could not account for 6,975 items on the
      sent that the pending amendment be                       I held. This fellow—you cannot see his                 ledgers of Halliburton’s unit.
      set aside.                                               face—this fellow in the blue striped                     ‘‘Halliburton is Unable to Prove $1.8
        The PRESIDING OFFICER. Without                         shirt testified. He was in Iraq when                   Billion in Work, Pentagon Says.’’ This
      objection, it is so ordered.                             this picture was taken. This is Saran-                 has gone on and on. Has Congress done
        Mr. DORGAN. Mr. President, I ask                       wrapped bundles of 100-dollar bills,                   a thing about it, any oversight hear-
      unanimous consent that we consider                       some millions of dollars in 100-dollar                 ings? None. Nobody seems to care
      amendment No. 1426, which I pre-                         bills. He said in this particular area                 much.
      viously filed.                                           they often played football with these                    Let me read from a hearing we held
        The PRESIDING OFFICER. The Sen-                        Saran-wrapped bundles of 100-dollar                    in the Policy Committee, a hearing we
      ator can make that the regular order.                    bills.                                                 held because the oversight committees
      The amendment is now pending.                              What was he doing with bundles of                    do not hold these hearings. Let me read
        Mr. DORGAN. Mr. President, I ask                       100-dollar bills? The area where this                  what the top civilian in the Corps of
      for the yeas and nays on amendment                       cash was stored, subcontractors in Iraq                Engineers, who is engaged in these con-
      No. 1426.                                                were told: Bring a bag because we pay                  tracts and approves these contracts,
        The PRESIDING OFFICER. Is there a                      in cash; bring a bag. Show up here and                 said. This is a woman named
      sufficient second?                                       want to get paid for whatever you are                  Bunnatine Greenhouse. She rose to the
        There appears to be a sufficient sec-                  doing? Bring a bag because we pay in                   highest level in the Corps of Engineers
      ond.                                                     cash.                                                  for civilian employees, and now she is
        The yeas and nays were ordered.                          Let me talk for a moment about the                   losing her job because she was honest.
        Mr. DORGAN. Mr. President, I will                      five hearings we held. We heard about                  Here is what she said: I can unequivo-
      briefly describe amendment No. 1426. I                   cash transactions that were unre-                      cally state that the abuse related to



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      S8786                                             CONGRESSIONAL RECORD — SENATE                                                               July 25, 2005
      contracts awarded to Halliburton rep-                      The question is: When will someone                   to authorize to be spent on defense, but
      resents the most blatant and improper                    care enough to begin to take a hard                    because of the way it is written and the
      contract abuse I have witnessed during                   look at the money we are spending?                     subject, it will fall postcloture. For
      the course of my professional career.                    Nearly $200 billion has gone out of                    that reason, I hope we will not invoke
        This courageous lady comes forward                     here, all of it emergency funding, none                cloture tomorrow.
      to testify to say these things, and now                  of it paid for. A substantial portion of                 I thank my colleagues for the time
      her career pays a price for it because                   that goes to contractors and much of it                and hope they will seriously consider
      we do not want to upset the good old                     sole-source contractors, no-bid and                    both amendments I have described
      boy network around here. They want to                    cost-plus contracts. The American tax-                 today.
      give a sweetheart deal to a company,                     payers, in my judgment, are paying the                   Mr. WARNER. I thank our colleague.
      suspend the rules, and give a sweet-                     price for very substantial abuse and                   It will be given careful consideration.
      heart deal. They cheat you, cheat you                    very substantial waste and fraud.                      It relates to an important subject mat-
      again and again, do not worry about it.                    The moment someone comes to the                      ter.
      Do a little investigation down at the                    Senate floor and mentions the word                       I understand the Senator from Colo-
      Pentagon, but don’t anybody in Con-                      ‘‘Halliburton,’’ they say: You are at-                 rado has about 10 minutes, followed by
      gress call attention to it. It would be                  tacking the Vice President. I am not.                  Senators MCCAIN, GRAHAM, and WAR-
      uncomfortable and embarrassing to                        The Vice President used to run Halli-                  NER for 1 hour.
      somebody.                                                burton Corporation. He does not and                      The PRESIDING OFFICER. The Sen-
        In 1941, Harry Truman, the Senator                     has not since the year 2000. None of the               ator from Colorado.
      from Missouri, served in this Chamber.                   examples I have cited have happened                      Mr. ALLARD. I thank the chairman
      He was a flinty, tough independent. A                    prior to that time, they have happened                 for yielding me 10 minutes.
      member of his own party was in the                       since that time. This is not the Vice                    There are three amendments that I
      White House, Franklin Delano Roo-                        President’s corporation. It is not on his              have offered and I would like to ask for
      sevelt. A Democrat in the Senate took
                                                               watch as CEO of Halliburton. But these                 their consideration, and then I wish to
      on the task of identifying the waste,
                                                               are sweetheart contracts, sole-source                  make some comments relating to one
      abuse, and fraud that was occurring in
                                                               contracts.                                             of them and then finally some com-
      spending on our defense. They held                         Fifty thousand pounds of nails are                   ments on the Levin missile defense
      hearing after hearing, and they un-                      ordered to the country of Iraq, and                    amendment offered earlier today.
      earthed a massive amount of fraud,                       they are the wrong size. So if one                                       AMENDMENT NO. 1419
      waste, and abuse. I am sure that was                     wants some nails, they are laying on
      uncomfortable for the Democrat in the                                                                             I ask unanimous consent that we set
                                                               the ground somewhere there in the                      aside the pending amendment, and I
      White House, Franklin Delano Roo-
                                                               sand, just another piece of waste. Sev-                ask for the consideration of amend-
      sevelt, because a Democrat Senator
                                                               enty-five hundred dollars to rent a ve-                ment No. 1419.
      was leading the fight. He did it through
                                                               hicle for a month. Buy new trucks for                    The PRESIDING OFFICER. Without
      the Truman Committee that took a
                                                               $85,000, get a flat tire, leave them by                objection, it is so ordered.
      hard look at this kind of fraud and
                                                               the roadside to be trashed. Buy new                      Mr. ALLARD. I ask for the yeas and
      abuse.
        My amendment would reestablish a                       trucks for $85,000 and have a fuel pump                nays on that amendment.
      Truman-type committee, with Mem-                         plugged, leave them by the roadside to                   The PRESIDING OFFICER. Is there a
      bers of both parties on it. When we are                  be trashed and looted. All of that                     sufficient second?
      shoving tens of billions of dollars out                  comes from testimony from people who                     There appears to be a sufficient sec-
      the door to companies such as Halli-                     used to work for Halliburton. They                     ond.
      burton in sole-source contracts, some-                   have come before our Policy Com-                         The yeas and nays were ordered.
      body has to watch the cash register.                     mittee and told these stories that de-                                   AMENDMENT NO. 1383
        We had a fellow named Rory testify                     scribe outrageous amounts of waste,                      Mr. ALLARD. Mr. President, I would
      recently at the Policy Committee.                        fraud, and abuse. The question is: Why                 ask unanimous consent to lay aside
      Again, we are holding hearings only be-                  does no one in this Congress seem to                   that amendment, and I ask for the con-
      cause there are not aggressive over-                     care? My hope is that this Congress                    sideration of amendment No. 1383. That
      sight hearings held in the rest of the                   would agree to create a Truman-type                    amendment has been previously filed.
      Congress because the majority party                      committee, a committee of Repub-                         The PRESIDING OFFICER. Without
      worries it would embarrass somebody.                     licans and Democrats that would take                   objection, it is so ordered.
      So Rory comes to testify. He is running                  a hardnosed, flinty look at how money                    The clerk will report.
      a food service unit for Halliburton in                   is being spent.                                          The legislative clerk read as follows:
      Iraq and he says: We are getting food                      How much time remains?
                                                                 The PRESIDING OFFICER. One                             The Senator from Colorado [Mr. ALLARD]
      that is in some cases over a year ex-                                                                           proposes an amendment numbered 1383.
      pired on the date stamp for the food.                    minute.
                                                                 Mr. DORGAN. Mr. President, some of                     Mr. ALLARD. Mr. President, I ask
      What do they do? They are told: Feed
                                                               my colleagues have said they would                     unanimous consent that the reading of
      it to the troops.
        We get food that comes in on a con-                    like a vote on their amendments prior                  the amendment be dispensed with.
      voy that has been attacked. What do                      to cloture. My hope is that we will not                  The PRESIDING OFFICER. Without
      they do? The supervisors say go into                     have a cloture vote, by the way. I                     objection, it is so ordered.
      those trucks and remove the shrapnel                     think the best Defense authorization                     The amendment is as follows:
      and remove the bullets and save the                      bills that we have had in the Congress                 (Purpose: To establish a program for the
      bullets as souvenirs for the Halliburton                 have been those that have been debated                   management of post-project completion re-
                                                               on the Senate floor for a week or two                    tirement benefits for employees at Depart-
      supervisors and feed the food to the                                                                              ment of Energy project completion sites)
      troops.                                                  where we have had a substantial oppor-
        Yes, this fellow ran one of those                      tunity to think through and debate sig-                  On page 378, between lines 10 and 11, insert
                                                                                                                      the following:
      agencies. Here is what he said: When I                   nificant and difficult issues. So I would
                                                                                                                      SEC.        MANAGEMENT OF POST-PROJECT
                                                                                                                              3114.
      was an employee for Halliburton and                      hope we will not have a cloture vote to-                          COMPLETION RETIREMENT BENE-
      they were doing this sort of thing, we                   morrow. If in fact we do, I will join my                          FITS FOR EMPLOYEES AT DEPART-
      were told if a Government auditor                        colleague from Oklahoma and others                                MENT OF ENERGY PROJECT COM-
      comes around, do not dare talk to the                    who suggest that I would like a vote                              PLETION SITES.
      Government auditor. If you do, one of                    prior to cloture because his amend-                      (a) PROGRAM AUTHORIZED.—
      two things will happen: You will either                                                                           (1) IN GENERAL.—The Secretary of Energy
                                                               ments and mine would fall postcloture.
                                                                                                                      shall carry out a program under which the
      be sent to a fire zone in Iraq, one under                That is one of the dilemmas of cloture.                Secretary shall use competitive procedures
      attack, one with significantly more                        Clearly, my amendment deals with                     to enter into an agreement with a contractor
      danger than where you work now, or                       something that is very important, that                 for the plan sponsorship and program man-
      you will be fired summarily. Do not                      attends to the money we are spending                   agement of post-project completion retire-
      talk to Government auditors.                             on defense and the money we are going                  ment benefits for eligible employees at each




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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                      S8787
      Department of Energy project completion                  fits provided to eligible employees at a De-           inspection in appropriate offices of the
      site.                                                    partment of Energy project completion site             United States Fish and Wildlife Service and
         (2) REQUIREMENT OF NO REDUCTION IN TOTAL              as of the physical completion date through             the Department of Energy.
      VALUE OF RETIREMENT BENEFITS.—The total                  collective bargaining agreements, projects,              (4) NATURAL RESOURCE DAMAGE LIABILITY
      value of post-project completion retirement              or contracts for work scope, including pen-            CLAIM.—The term ‘‘natural resource damage
      benefits provided to eligible employees at a             sion, health care, life insurance benefits, and        liability claim’’ means a natural resource
      Department of Energy project completion                  other applicable welfare benefits.                     damage liability claim under subsections
      site may not be reduced under the program                  (4) ELIGIBLE EMPLOYEES.—The term ‘‘eligi-            (a)(4)(C) and (f) of section 107 of the Com-
      required under paragraph (1) without the                 ble employees’’ includes—                              prehensive Environmental Response, Com-
      specific authorization of Congress.                        (A) any employee who—                                pensation, and Liability Act of 1980 (42
         (b) AGREEMENT FOR BENEFITS MANAGE-                      (i) was employed by the Department of en-            U.S.C. 9607) arising from hazardous sub-
      MENT.—                                                   ergy or by contract or first or second tier            stances releases at or from Rocky Flats that,
         (1) IN GENERAL.—The Secretary of Energy               subcontract to perform cleanup, security, or           as of the date of enactment of this Act, are
      shall, in accordance with procurement rules              administrative duties or responsibilities at a         identified in the administrative record for
      and regulations applicable to the Depart-                Department of Energy project completion                Rocky Flats required by the National Oil
      ment of Energy, enter into the agreement                 site; and                                              and Hazardous Substances Pollution Contin-
      described in subsection (a) not later than 90              (ii) has met applicable eligibility require-         gency Plan prepared under section 105 of
      days after the date of the physical comple-              ments for post-project completion retire-              that Act (42 U.S.C. 9605).
      tion date for the Department of Energy                   ment benefits as of the physical completion              (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’
      project completion site covered by the agree-            date; and                                              means the Department of Energy facility in
      ment.                                                      (B) any eligible dependant of such an em-            the State of Colorado known as the ‘‘Rocky
         (2) TERMS OF AGREEMENT.—The agreement                 ployee, as defined in the post-project comple-         Flats Environmental Technology Site’’.
      under this section shall—                                tion retirement benefits plan documents.                 (6) SECRETARY.—The term ‘‘Secretary’’
         (A) provide for the plan sponsorship and                (5) UNFUNDED ACCRUED LIABILITY.—The                  means the Secretary of Energy.
      program management of post-project com-                  term ‘‘unfunded accrued liability’’ means,               (7) TRUSTEES.—The term ‘‘Trustees’’ means
      pletion retirement benefits;                             with respect to eligible employees, the ac-            the Federal and State officials designated as
         (B) fully describe the post-project comple-           crued liability, as determined in accordance           trustees under section 107(f)(2) of the Com-
      tion retirement benefits to be provided to               with an actuarial cost method, that exceeds            prehensive Environmental Response, Com-
      employees at the Department of Energy                                                                           pensation, and Liability Act of 1980 (42
                                                               the present value of the assets of a pension
      project completion site; and                                                                                    U.S.C. 9607(f)(2)).
                                                               plan and the aggregate projected life-cycle
         (C) require that the Secretary reimburse                                                                       (b) PURCHASE OF ESSENTIAL MINERAL
                                                               health care costs.
      the contractor for the costs of plan sponsor-                                                                   RIGHTS.—
                                                                 (6) PLAN SPONSORSHIP AND PROGRAM MAN-
      ship and program management of post-                                                                              (1) IN GENERAL.—Not later than 1 year after
                                                               AGEMENT OF POST-PROJECT COMPLETION RE-
      project completion retirement benefits.                                                                         the date of enactment of this Act, such
                                                               TIREMENT BENEFITS.—The term ‘‘plan spon-
         (3) RENEWAL OF AGREEMENT.—The agree-                                                                         amounts authorized to be appropriated under
                                                               sorship and program management of post-
      ment shall be subject to renewal every 5                                                                        subsection (c) shall be available to the Sec-
                                                               project completion retirement benefits’’
      years until all the benefit obligations have                                                                    retary to purchase essential mineral rights
                                                               means those duties and responsibilities that
      been met.                                                                                                       at Rocky Flats.
         (c) REPORT.—                                          are necessary to execute, and are consistent             (2) CONDITIONS.—The Secretary shall not
         (1) IN GENERAL.—Not later than 30 days                with, the terms and legal responsibilities of          purchase an essential mineral right under
      after signing of the agreement described in              the instrument under which the post-project            paragraph (1) unless—
      subsection (a), the Secretary of Energy shall            completion retirement benefits are provided              (A) the owner of the essential mineral
      submit to the congressional defense commit-              to employees at a Department of Energy                 right is a willing seller; and
      tees a report on the program established                 project completion site.                                 (B) the Secretary purchases the essential
      under such subsection.                                                 AMENDMENT NO. 1506                       mineral right for an amount that does not
         (2) CONTENTS.—The report submitted under                Mr. ALLARD. Mr. President, I ask                     exceed fair market value.
      paragraph (1) shall describe—                            unanimous consent to lay that amend-                     (3) LIMITATION.—Only those funds author-
         (A) the costs of plan sponsorship and pro-            ment aside, and I ask for the consider-                ized to be appropriated under subsection (c)
      gram management of post-project comple-                                                                         shall be available for the Secretary to pur-
      tion retirement benefits;
                                                               ation of amendment No. 1506.                           chase essential mineral rights under para-
         (B) the funding profile in the Department               The PRESIDING OFFICER. Without                       graph (1).
      of Energy’s future year budget for the plan              objection, it is so ordered.                             (4) RELEASE FROM LIABILITY.—Notwith-
      sponsorship and program management of                      The clerk will report.                               standing any other law, any natural resource
      post-project completion retirement benefits                The legislative clerk read as follows:               damage liability claim shall be considered to
      under the agreement entered into under sub-                The Senator from Colorado [Mr. ALLARD],              be satisfied by—
      section (b);                                             for himself and Mr. SALAZAR, proposes an                 (A) the purchase by the Secretary of essen-
         (C) the amount of unfunded accrued liabil-            amendment No. 1506.                                    tial mineral rights under paragraph (1) for
      ity for eligible workers at the Department of                                                                   consideration in an amount equal to
      Energy project completion site; and                        Mr. ALLARD. Mr. President, I ask                     $10,000,000;
         (D) the justification for awarding the                unanimous consent that the reading of                    (B) the payment by the Secretary to the
      agreement entered into under subsection (b)              the amendment be dispensed with.                       Trustees of $10,000,000; or
      to the selected contractor.                                The PRESIDING OFFICER. Without                         (C) the purchase by the Secretary of any
         (d) DEFINITIONS.—In this section:                     objection, it is so ordered.                           portion of the mineral rights under para-
         (1) PHYSICAL COMPLETION DATE.—The term                  The amendment is as follows:                         graph (1) for—
      ‘‘physical completion date’’ means—                                                                               (i) consideration in an amount less than
         (A) the date of physical completion or                (Purpose: To authorize the Secretary of En-            $10,000,000; and
      achievement of a similar milestone defined                 ergy to purchase certain essential mineral             (ii) a payment by the Secretary to the
      by or calculated in accordance with the                    rights and resolve natural resources dam-            Trustees of an amount equal to the dif-
      terms of the completion project contract; or               age liability claims)                                ference between—
         (B) if the completion project contract                  On page 378, between lines 10 and 11, insert           (I) $10,000,000; and
      specifies no such date, the date declared by             the following:                                           (II) the amount paid under clause (i).
      the site contractor and accepted by the De-              SEC. 3114. ROCKY FLATS ENVIRONMENTAL TECH-               (5) USE OF FUNDS.—
      partment of Energy that the site contractor                          NOLOGY SITE.                                 (A) IN GENERAL.—Any amounts received
      has completed all services required by the                 (a) DEFINITIONS.—In this section:                    under paragraph (4) shall be used by the
      project completion contract other than                     (1) ESSENTIAL MINERAL RIGHT.—The term                Trustees for the purposes described in sec-
      close-out tasks and any other tasks excluded             ‘‘essential mineral right’’ means a right to           tion 107(f)(1) of the Comprehensive Environ-
      from the contract.                                       mine sand and gravel at Rocky Flats, as de-            mental Response, Compensation, and Liabil-
         (2) DEPARTMENT OF ENERGY PROJECT COM-                 picted on the map.                                     ity Act of 1980 (42 U.S.C. 9607(f)(1)), includ-
      PLETION SITE.—The term ‘‘Department of En-                  (2) FAIR MARKET VALUE.—The term ‘‘fair              ing—
      ergy project completion site’’ means a site,             market value’’ means the value of an essen-              (i) the purchase of additional mineral
      or a project within a site, in the Department            tial mineral right, as determined by an ap-            rights at Rocky Flats; and
      of Energy’s nuclear weapons complex that                 praisal performed by an independent, cer-                (ii) the development of habitat restoration
      has been designated by the Secretary of En-              tified mineral appraiser under the Uniform             projects at Rocky Flats.
      ergy for closure or completion without any               Standards of Professional Appraisal Prac-                (B) CONDITION.—Any expenditure of funds
      identified successor contractor.                         tice.                                                  under this paragraph shall be made jointly
         (3) POST-PROJECT COMPLETION RETIREMENT                   (3) MAP.—The term ‘‘map’’ means the map             by the Trustees.
      BENEFITS.—The term ‘‘post-project comple-                entitled ‘‘Rocky Flats National Wildlife Ref-            (C) ADDITIONAL FUNDS.—The Trustees may
      tion retirement benefits’’ means those bene-             uge’’, dated July 25, 2005, and available for          use the funds received under paragraph (4) in




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      S8788                                             CONGRESSIONAL RECORD — SENATE                                                              July 25, 2005
      conjunction with other private and public                Flats. This basically will provide for                    Under the amendment I am intro-
      funds.                                                   the Secretary to purchase these min-                   ducing today, the Secretary of Energy
         (6) EXEMPTION FROM NATIONAL ENVIRON-                  eral rights. There is money that has                   will be required to purchase essential
      MENTAL POLICY ACT.—Any purchases of min-
      eral rights under this subsection shall be ex-
                                                               been provided for this in previous legis-              mineral rights necessary to transition
      empt from the National Environmental Pol-                lation and that is pending. This allows                Rocky Flats to a national wildlife ref-
      icy Act of 1969 (42 U.S.C. 4321 et seq.).                for the transfer of those mineral rights               uge.
         (7) ROCKY FLATS NATIONAL WILDLIFE REF-                on Rocky Flats. It is based on the                        The Secretary can only purchase
      UGE.—                                                    owner of the mineral rights being will-                these mineral rights once the following
         (A) TRANSFER OF MANAGEMENT RESPON-                    ing to sell.                                           conditions are met: (1) The owner of
      SIBILITIES.—The Rocky Flats National Wild-                  In 2001, I successfully inserted a pro-             the minieral right is a willing seller;
      life Refuge Act of 2001 (16 U.S.C. 668dd note;           vision in the National Defense author-                 (2) the Secretary purchases the mineral
      Public Law 107–107) is amended—                                                                                 right at fair market value; and (3) the
         (i) in section 3175—                                  ization bill that authorized the cre-
         (I) by striking subsections (b) and (f); and          ation of the Rocky Flats National                      Trustees for Rocky Flats release the
         (II) by redesignating subsections (c), (d),           Wildlife Refuge. Under this legislation,               Department from its natural resource
      and (e) as subsections (b), (c), and (d), respec-        the Department of Energy was required                  damage liabilities under the Com-
      tively; and                                              to transfer most of the Rocky Flats                    prehensive Environmental Response,
         (ii) in section 3176(a)(1), by striking ‘‘sec-        Environmental Technology Site to the                   Compensation, and Liability Act of
      tion 3175(d)’’ and inserting ‘‘section 3175(c)’’.        Department of Interior for the pur-                    1980, CERCLA.
         (B) BOUNDARIES.—Section 3177 of the                                                                             Also included in this legislation is a
      Rocky Flats National Wildlife Refuge Act of
                                                               poses of creating a wildlife refuge to
                                                               preserve Colorado’s rare Front Range                   provision that states that if the owner
      2001 (16 U.S.C. 668dd note; Public Law 107–107)
      is amended by striking subsection (c) and in-            habitat.                                               of the mineral right refuses to sell, the
      serting the following:                                      Earlier, 2 months ago, the Depart-                  Secretary of Energy may satisfy the
         ‘‘(c) COMPOSITION.—                                   ments of Energy and Interior signed a                  Department’s natural resource liability
         ‘‘(1) IN GENERAL.—Except as provided in               memorandum of understanding that                       obligation by paying the trustees of
      paragraph (2), the refuge shall consist of land          stipulated how and when the Depart-                    the site an amount equal to the fair
      within the boundaries of Rocky Flats, as de-                                                                    market value of the mineral right
      picted on the map—
                                                               ment of Energy would transfer the
                                                               management of most of the Rocky                        owned by the unwilling seller.
         ‘‘(A) entitled ‘Rocky Flats National Wild-
      life Refuge’;                                            Flats Environmental Technology Site                       I believe this amendment makes too
         ‘‘(B) dated July 25, 2005; and                        to the Department of Interior. How-                    much sense for us to pass up. We have
         ‘‘(C) available for inspection in the appro-          ever, this memorandum of under-                        winners, winners, and winners. It is
      priate offices of the United States Fish and             standing was incomplete. It completely                 certainly a win for the State of Colo-
      Wildlife Service and the Department of En-               deferred the issue of the disruptive sur-              rado—the State mechanism that would
      ergy.                                                                                                           provide more dollars for Colorado than
                                                               face mining of privately owned mineral
         ‘‘(2) EXCLUSIONS.—The refuge does not in-                                                                    most likely would have been gained
      clude—                                                   rights that is occurring on the site
         ‘‘(A) any land retained by the Department             until later this year. This deferral did               through the normal natural resources
      of Energy for response actions under section             not meet the legislation requirement                   damages settlement process. The own-
      3175(c);                                                 under the Rocky Flats National Wild-                   ers of the mineral rights win because
         ‘‘(B) any land depicted on the map de-                life Refuge Act and represented a crit-                they now have an opportunity to sell
      scribed in paragraph (1) that is subject to 1            ical impediment to the closure of                      their mineral rights at fair market
      or more essential mineral rights described in                                                                   value, a possibility that never existed
                                                               Rocky Flats.
      section 3114(a) of the National Defense Au-                                                                     before. The Department of Energy wins
      thorization Act for Fiscal Year 2006 over
                                                                  The Department of Interior con-
                                                               tended that surface mining such as                     because it is able to pay off its natural
      which the Secretary shall retain jurisdiction
      of the surface estate until the essential min-           that now occurring at Rocky Flats is                   resource damage liabilities that would
      eral rights—                                             fundamentally contrary to its refuge                   have arisen under the Comprehensive
         ‘‘(i) are purchased under subsection (b) of           management goals, and makes the                        Environmental Response, Compensa-
      that Act; or                                             achievement of refuge purposes on                      tion, and Liability Act of 1980. The De-
         ‘‘(ii) are mined and reclaimed by the min-            those lands impossible.                                partment of Interior wins because this
      eral rights holders in accordance with re-                  To better understand this issue, I re-              legislation would remove the last im-
      quirements established by the State of Colo-                                                                    pediment to the memorandum of un-
      rado; and
                                                               quested that the Department of Energy
         ‘‘(C) the land depicted on the map de-                hire an independent contractor to con-                 derstanding between Interior and the
      scribed in paragraph (1) on which essential              duct an appraisal on the value of the                  Department of Energy so that Interior
      mineral rights are being actively mined as of            mineral rights. The independent con-                   can move forward with creating a wild-
      the date of enactment of the National De-                tractor determined the owners and pro-                 life refuge at Rocky Flats. Most impor-
      fense Authorization Act for Fiscal Year 2006             vided a preliminary cost estimate as to                tantly, the people of Colorado win be-
      until—                                                   the fair market value of those mineral                 cause now they will be able to enjoy
         ‘‘(i) the essential mineral rights are pur-                                                                  the pristine beauty and splendor of the
      chased; or
                                                               rights containing sand and gravel.
         ‘‘(ii) the surface estate is reclaimed by the            After the appraisal was completed,                  Rocky      Mountain’s     Front    Range
      mineral rights holder in accordance with re-             my staff personally contacted each                     through the Rocky Flats National
      quirements established by the State of Colo-             mineral rights owner. I wanted to see if               Wildlife Refuge. Hundreds of acres of
      rado.                                                    they would be interested in selling if                 rare xeric tallgrass prairie will be pre-
         ‘‘(3) ACQUISITION OF ADDITIONAL LAND.—                they were offered money for the fair                   served. The natural wildlife in the ref-
      Notwithstanding paragraph (2), upon the                  market value of the mineral rights. I                  uge will be protected.
      purchase of the mineral rights or reclama-               also reassured them that the owners                       As I said, this is a win-win proposal.
      tion of the land depicted on the map de-                                                                        Everyone gains. I urge my colleagues
                                                               would not be forced to sell if they
      scribed in paragraph (1), the Secretary
                                                               didn’t want to.                                        to support my amendment.
      shall—
         ‘‘(A) transfer the land to the Secretary of              Shortly thereafter, it was brought to                                AMENDMENT NO. 1492
      the Interior for inclusion in the refuge; and            my attention that the purchase of min-                   I rise in opposition to the Levin mis-
         ‘‘(B) the Secretary of the Interior shall—            eral rights could be included as part of               sile defense amendment. This amend-
         ‘‘(i) accept the transfer of the land; and            a comprehensive natural resource dam-                  ment eliminates $30 million—there has
         ‘‘(ii) manage the land as part of the ref-            age settlement. I am pleased to an-                    been $50 million requested—for long-
      uge.’’.                                                  nounce that the State of Colorado, my                  lead funding for ground-based inter-
         (c) FUNDING.—Of the amounts authorized
      to be appropriated to the Secretary for the
                                                               colleague from Colorado, Senator                       ceptor missiles 31–40 and $20 million for
      Rocky Flats Environmental Technology Site                SALAZAR, and I have worked out legis-                  associated silo construction. The $50
      for fiscal year 2006, $10,000,000 shall be made          lation providing for such an arrange-                  million would be used to plus-up the
      available to the Secretary for the purposes              ment. I am confidant that this arrange-                Cooperative Threat Reduction Program
      described in subsection (b).                             ment will be acceptable to the Depart-                 which is already fully funded at $415.5
        Mr. ALLARD. Mr. President, No. 1506                    ment of Energy and the Department of                   million, with an additional $1.6 billion
      deals with the mineral rights at Rocky                   Interior.                                              for DOE nonproliferation programs.



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      July 25, 2005                                     CONGRESSIONAL RECORD — SENATE                                                                     S8789
         The CTR currently has $500 million                    particular amendment that Senator                      to take 1 minute to address both Colo-
      in unobligated funds for 2005. So I                      LEVIN has introduced tends to make it                  rado Senators.
      would hope we could keep these provi-                    difficult for us to meet our long-range                  I followed with interest your amend-
      sions in the current authorization bill.                 goals, to protect the borders of this                  ments. I do hope we now have on the
         DOD already directed a $1 billion re-                 country, and protect the American peo-                 record a clear statement of support by
      duction in MDA funding in fiscal year                    ple from some type of missile attack.                  the Secretary of Energy. Am I correct
      2006 and $5 billion in 2006 through 2011.                In today’s environment, it is important                in that?
      To add upon that an additional reduc-                    that we have that insurance for the fu-                  Mr. ALLARD. As I have discussed
      tion in long-term funding puts this pro-                 ture of America.                                       with the Chairman’s staff—I assume
      gram in jeopardy. We need to have                          I wanted to make the comments on                     you are talking about the amendment
      those long-term plans in place, funded,                  the Levin amendment because I think                    on the mineral rights.
      because they are very important to the                   it is ill-advised in light of the state of               Mr. WARNER. Yes.
      security of this Nation.                                 the world today.                                         Mr. ALLARD. That provision is be-
         This amendment would unnecessarily                      Mr. President, how much time do I                    fore the OMB, so I cannot publicly
      delay the fielding of ground-based                       have left?                                             state their position until we get a deci-
      interceptors in 2009 and 2010. We simply                   The PRESIDING OFFICER. The Sen-                      sion back from OMB.
      cannot afford such a delay because the                   ator has 3 minutes remaining.                            Mr. WARNER. I thank the Senator.
      threat is ‘‘real and imminent,’’ as Gen-                   Mr. ALLARD. Mr. President, I yield                     Now, Mr. President, we would like to
      eral Cartwright has testified. The CIA                   the remainder of my time to the chair-                 commence the 1 hour. I yield the floor
      and DIA assess North Korea as ready to                   man.                                                   so Senator MCCAIN can gain recogni-
      flight test an ICBM that can reach the                     The PRESIDING OFFICER. The Sen-                      tion. But I would want to say this is a
      United States, and Iran may have such                    ator from Virginia.                                    subject that is enormously important.
      a capability in 2015, according to the                     Mr. WARNER. Mr. President, under                     I commend Senator MCCAIN and Sen-
      DIA.                                                     the unanimous consent requirement,                     ator GRAHAM. It merits the full atten-
         A production break, by the way,                       Senator MCCAIN, Senator GRAHAM, and                    tion and hopefully the support of the
      would cost $270 million to restart, so                   I are now recognized for an hour. I ask                Senate. These are issues that go far be-
      there is a cost in delaying these funds.                 our distinguished colleague from Ari-                  yond just the question of detention. It
         Despite recent test failures, the tech-               zona—I would like to amend that to                     goes to the perception of the great Na-
      nology is mature enough to proceed                       allow Senator SALAZAR to go for 2 min-                 tion of which we are privileged to be
      with fielding even though we continue                    utes. I request that unanimous con-                    citizens, the United States of America,
      to test and improve reliability.                         sent.                                                  as it relates to how we treat those peo-
         STRATCOM, the Director of Oper-                         The PRESIDING OFFICER. Without                       ple who come into our custody in the
      ational Tests and Evaluation, and the                    objection, it is so ordered.                           course of defending freedom, on battle
      Independent Review Team agree that                         The Senator from Colorado is recog-                  fields, and elsewhere in the world. I
      the ground-based midcourse defense                       nized.                                                 have such great respect for Senator
      test bed has some limited capability.                                    AMENDMENT NO. 1506                     MCCAIN.
      The Independent Review Team also                           Mr. SALAZAR. Mr. President, I                          I yield the floor.
      found no fundamental design flaws                        thank my friend from Arizona, also my                          AMENDMENT NO. 1557, AS MODIFIED
      with the GMD system, and that we                         friend from Virginia, and my friend                      The PRESIDING OFFICER. The Sen-
      need to concentrate on manufacturing                     from Rhode Island for agreeing to let                  ator from Arizona.
      quality control.                                         me speak for a couple of minutes on                      Mr. MCCAIN. Mr. President, I ask
         I happen to be in favor of more oper-                 this amendment.                                        unanimous consent that I be allowed to
      ational testing. The MDA is pursuing a                     The amendment both Senator AL-                       modify my amendment No. 1557, which
      prudent approach by delaying further                     LARD and I are proposing, amendment                    is at the desk.
      testing until reliability issues are ad-                 No. 1506, is very important as we move                   The PRESIDING OFFICER. Without
      dressed. Four flight tests were sched-                   forward with the Department of En-                     objection, it is so ordered.
      uled for 2006, starting in October and                   ergy complex. We have created a great                    Mr. MCCAIN. Mr. President, I ask the
      ending with an intercept next Sep-                       model for the rest of our country as to                pending amendment be set aside, and I
      tember. Also, the SASC adopted the                       how we clean up the remnants of the                    call up amendment No. 1557, which is
      Nelson amendment that directs in-                        Cold War. How we do this in an appro-                  at the desk. I ask the clerk continue
      creasing cooperation between inde-                       priate fashion to bring the cleanup of                 the reading of the amendment because
      pendent testing agencies and MDA, and                    Rocky Flats to completion is a very                    it is short and important.
      calls for more operationally realistic                   important part of our Nation’s efforts                   The PRESIDING OFFICER. Without
      testing that will be evaluated by the                    to clean up these facilities.                          objection, the clerk will report.
      Director of Operational Test and Eval-                     Amendment No. 1506 is a great step                     The legislative clerk read as follows:
      uation.                                                  in the right direction because it will                   The Senator from Arizona [Mr. MCCAIN],
         I have been out to visit the southern                                                                        for himself, Mr. WARNER, Mr. GRAHAM, and
                                                               help us bring to conclusion, in a final
                                                                                                                      Ms. COLLINS, proposes an amendment num-
      parts of the test bed. I am convinced                    form, the cleanup at Rocky Flats. I                    bered 1557, as modified:
      our technology is there. I am convinced                  commend my colleague from Colorado,                      At the end of subtitle G of title X, add the
      the threat is real. As a result, I think                 Senator ALLARD, for his leadership on                  following:
      we need to move forward and we need                      this effort over the years. I also com-                SEC. 1073. UNIFORM STANDARDS FOR THE IN-
      to move forward in a long-term way so                    mend him and both of our staffs for                                TERROGATION OF PERSONS UNDER
      the manufacturers who provide the                        having worked out the issues with the                              THE DETENTION OF THE DEPART-
                                                                                                                                  MENT OF DEFENSE.
      missiles and technology for the pro-                     Department of Energy and Department
                                                                                                                        (a) LIMITATION ON INTERROGATION TECH-
      gram have some reliable source of rev-                   of Interior over the weekend.                          NIQUES.—
      enue as we move forward. We should                         I also want to inform my colleagues                    (1) IN GENERAL.—No person in the custody
      not interrupt the program. The agen-                     that I have had a hold on four nomi-                   or under the effective control of the Depart-
      cies that are responsible for admin-                     nees who had been passed out of the                    ment of Defense or under detention in a De-
      istering the program need to have that                   committee, out of the Energy Com-                      partment of Defense facility shall be subject
      funding there so they can continue to                    mittee. I am lifting the holds on Jill                 to any treatment or technique of interroga-
      plan in the future for the defense of                    Sigal, David H