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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,
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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.
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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.’’
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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
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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.
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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
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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
E PL
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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