[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Issue]
[Pages 28183-28447]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 28183]]

                  SENATE--Wednesday, December 14, 2005

  The Senate met at 9:45 a.m. and was called to order by the President 
pro tempore (Mr. Stevens).
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Ever loving and eternal God, source of the light that never dims and 
of the love that never fails, help us to live in faithful expectation 
of Your triumph in our world. Fill us with hope that we will not become 
discouraged because of setbacks. Take away doubts that disturb us and 
worries that distract us. Empower our Senators to be instruments of 
Your purposes. Make them content to faithfully serve as they live in 
peace with others.
  Give each of us the peace that passes understanding.
  We pray in Your loving Name, Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The PRESIDENT pro tempore led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                       RESERVATION OF LEADER TIME

  The PRESIDENT pro tempore. Under the previous order the leadership 
time is reserved.

                          ____________________




                            MORNING BUSINESS

  The PRESIDENT pro tempore. Under the previous order, there will be a 
period for the transaction of morning business for up to 30 minutes, 
with the first half of the time under the control of the majority 
leader or his designee and the second half of the time under the 
control of the Democratic leader or his designee.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. FRIST. Mr. President, this morning the Senate will begin a 30-
minute period of morning business. When that time has expired, we will 
begin consideration of the House message to accompany the deficit 
reduction bill.
  Last night the agreement we entered allows for up to 7 motions to 
instruct conferees. Several Members spoke to these motions, debating 
their motions yesterday. Today we will vote on those, prior to lunch.


                           Order of Procedure

  Mr. President, I now ask unanimous consent that at 11:45 this morning 
we proceed to three consecutive votes, first on the Baucus motion to 
instruct, to be followed by the Carper motion, to be followed by the 
Harkin motion; provided further that there be 2 minutes equally divided 
for debate prior to each of the votes; finally, I ask unanimous consent 
that following the third vote the Senate stand in recess until 2:15 for 
the policy luncheon to meet.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  Mr. FRIST. Mr. President, therefore, Senators can expect three votes 
beginning at 11:45 today. The remaining motions will be debated this 
morning and this afternoon, and those votes will be scheduled for 
Thursday afternoon at approximately 3:30.
  Today we expect the PATRIOT Act conference report to arrive from the 
House. If we are unable to reach consent for a limited debate time, 
then I am prepared to file cloture on that conference report.
  I do hope we can come to a consent for the debate time. If not, 
cloture can be expected. If that is the case, that vote would occur 
Friday morning. The Labor-Health and Human Services appropriations 
conference report may also be available to the Senate today. I will be 
consulting with my colleagues about scheduling that vote as well.
  In addition to the items I have mentioned, there is a number of other 
legislative and executive items that remain. These include the Defense 
authorization conference report, the Defense appropriations conference 
report.
  As I have said over the last several days on the floor, I urge all 
Members to remain available and to adjust their schedules accordingly 
for the remainder of this week and into this weekend, and perhaps 
beyond as we schedule our final business of this year. We will make 
every effort to conclude our work as quickly as possible, but it will 
require the patience and cooperation of all Senators. As all of my 
colleagues understand, there is a lot of coordination with the House of 
Representatives with bills going back and forth.
  I thank everyone for their help in advance as we move forward on 
these matters.

                          ____________________




                            COMBAT METH ACT

  Mr. FRIST. Mr. President, I briefly speak to an issue that is 
important to me and important to the American people. As we continue 
our debate on the PATRIOT Act conference report, I call my colleagues' 
attention to a special crimefighting provision that promises to thwart 
the No. 1 drug problem in America today, methamphetamine. The provision 
is called the Combat Meth Act. It enjoys broad bipartisan support in 
this body. It is a part of the PATRIOT Act legislation.
  In particular, I want to thank my colleague from Missouri, Senator 
Talent, for his tireless efforts in advancing this pressing issue. He 
has been focused on it, and he has talked to all of our colleagues 
about it. He very passionately expresses the need and the critical 
importance of this bill. He has worked hand in hand with our colleague 
from California, Senator Feinstein, and together they introduced the 
Combat Meth Act in January of this year.
  As leadership, I was proud to work with our corresponding House 
leadership to encourage our Members to work with all of our 
counterparts to get this done, to work in a bicameral way.
  The Combat Meth Act is a victory for law enforcement, a victory for 
our communities, and a victory for every family who has experienced the 
pain and the destruction of methamphetamine abuse. In 10 years--one 
decade--meth has become America's worst drug problem. That is above 
marijuana, cocaine, heroin--over the last 10 years. It is destroying 
individuals.
  We have all heard stories in our various States and districts of 
families and whole communities being destroyed by the new emergence of 
methamphetamine and the destruction it causes. My own State of 
Tennessee has been hit particularly hard. In 2004, Tennessee ranked No. 
2, tied with Iowa and just behind Missouri, in the number of 
methamphetamine lab seizures. Sandy Mattice, a former U.S. Attorney in 
Tennessee, and now a Federal judge in Chattanooga, calls meth ``the 
worst stuff'' we have ever seen. It has led to some of the worst and 
most disturbing cases of violence to hit the front pages of today.
  This August, when I was back at home traveling across Tennessee, I 
heard stories again and again from my fellow Tennesseans of the 
devastating destruction meth is creating in communities all across the 
State. I heard about addicted mothers and fathers abusing their 
children, abusing each other during the highs and the lows created by 
methamphetamine use. I heard about addicts stealing from their own 
spouses, stealing from their own

[[Page 28184]]

families because they were so desperate to support this highly 
addictive drug and the habit that becomes a part of it.
  There is one Tennessee story which was so horrific that it made 
national news. Because it was so accurately reflective of the 
destruction and pain created by meth, the laws in Tennessee were 
changed.
  In June of last year, authorities found 3-year-old Haley Spicer in 
her father's mobile home in Campbell County. Haley had been burned over 
her body with cigarettes, she had been scalded with hot water, and she 
had been severely beaten. The fumes from her father's meth lab were so 
toxic that Haley's eyelids were nearly melted shut. Haley has undergone 
several surgeries to open her eyes. She faces a number of operations in 
the future to rebuild her nose and to rebuild her injured ear.
  Haley's father Tommy Joe Owens was sentenced in October to 95 years 
in prison for what he did to his child. His live-in girlfriend 
Charlotte Claiborne pleaded no contest and was sentenced to 20 years 
behind bars.
  Haley's case was so shocking that in August the State legislature 
passed Haley's Law to drastically toughen child abuse penalties. This 
was an important victory for child abuse victims, but it didn't get to 
the concurrent problem of meth abuse and addiction which led to this 
crime.
  Local law enforcement--I heard it all over the State--is literally 
overwhelmed by the meth crisis. They are calling out for our help. They 
need us to pass the Combat Meth Act to restrict access to the cold 
medicines that contain pseudoephedrine and ephedrine, which are the key 
ingredients easily obtained today and used to manufacture 
methamphetamine. Once you have those ingredients, meth can literally be 
manufactured with a few pots and pans in a kitchen.
  While some States, such as my home State of Tennessee, have passed 
laws restricting access to these products, other States have not yet 
acted. As a result, meth cooks can jump from one State to another State 
to another State to get the over-the-counter ingredients they use to 
make this highly addictive toxin.
  Law enforcement and prosecutors tell me the single greatest impact we 
could have on reducing meth abuse is to require all 50 States to 
restrict access to the cold medicines containing the ingredients used 
to make methamphetamine. Data from States that have gone ahead and 
passed laws restricting access to these precursor chemicals proves that 
indeed to be the case. They work.
  Oklahoma, for instance, passed a law last year and with this law has 
seen a dramatic reduction in meth lab seizures. Data from my own State 
of Tennessee--we passed a similar law earlier in the year--shows the 
same trend, a steady decline in meth lab seizures.
  The Combat Meth Act will require all 50 States to do what Oklahoma 
and Tennessee have done. The Combat Meth Act is critical to containing 
and defeating the meth epidemic. We need one uniform standard to close 
the loopholes in the system so that producers can't cruise from State 
to State exploiting our differences.
  I again thank Senator Talent and Senator Feinstein for their 
leadership and for pushing hard to get this done.
  I urge my colleagues to pass the PATRIOT Act, which includes this 
much needed law. The Combat Meth Act is a victory for law enforcement 
across this land in our communities. The Combat Meth Act is a victory 
for towns and for communities and cities all across America. It is a 
victory for all of the innocent individuals and families who have been 
harmed by this dangerous and deadly drug.
  Mr. President, I yield the floor.
  The PRESIDENT pro tempore. The Senator from Colorado.

                          ____________________




                      SECOND BRIGADE COMBAT TEAMS

  Mr. ALLARD. Mr. President, last week I had the privilege of meeting 
privately with numerous soldiers from the 2nd Brigade Combat Team of 
the 2nd Infantry Division, which is stationed at Fort Carson, CO. These 
soldiers had just returned from their first tour in Iraq where they 
helped maintain the peace near the former terrorist hot-bed of 
Fallujah. I spent over an hour talking with them about their 
experiences, asking them about their challenges, and hearing their 
thoughts about whether we should stay the course in Iraq.
  These soldiers spent the last year fighting the Iraqi terrorists, in 
some cases house-to-house. They helped train several Iraqi security 
units and participated in numerous reconstruction projects throughout 
central Iraq. Sadly, they lost 68 of their own while in Iraq. Yet, 
while they deeply mourn the loss of their comrades, they have no 
regrets about their time in Iraq.
  Indeed, if there was one thing I took away from my meeting with the 
soldiers of the 2nd Brigade Combat Team, it was that each and every one 
of these soldiers was proud of their accomplishments in Iraq. They 
completed their mission well and helped thousands of Iraqis better 
understand the value of freedom and prosperity.
  And why shouldn't these soldiers be proud of what they achieved? The 
progress we have made in Iraq is breath-taking, and these soldiers have 
been a part of it.
  Those who believe that the war in Iraq has become a quagmire 
certainly haven't been paying attention. The President's strategy is 
working and we are making progress.
  The reconstruction accomplishments in Iraq are staggering:
  Over 3,000 schools have been renovated and refurbished; 133,000 
primary school teachers--a third of Iraq's educators--have received 
additional training and technical assistance; primary school enrollment 
is up 19 percent from prewar levels; nearly 250 health care centers 
have been renovated and another 563 have received new equipment; over 
2,500 primary health care workers have received training to better meet 
the Iraq's health care needs; in 2005 alone, 98 percent of Iraqi 
children between 1 and 5 years old have been immunized against measles, 
mumps, and rubella; more than 3 million Iraqis now have clean water, 
which was not adequately supplied before the war; more than 4.5 million 
Iraqis benefit from sewage disposal projects the United States has 
funded; sewage in many areas of Iraq used to literally run down the 
streets; 30,000 new businesses have registered with the Iraqi 
government in the past year alone; Iraqis are buying televisions, air 
conditioners, microwave ovens, and cell phones--all goods that were 
nearly impossible to buy unless you were one of Saddam's cronies; the 
generation of electricity is significantly higher than prewar level, 
though this area remains a challenge because of the power-consuming 
goods the Iraqis are buying.
  The training of Iraqi security forces is continuing at a brisk pace. 
Over 200,000 soldiers and policemen have been trained so far. As the 
soldiers from the 2nd Brigade Combat Team at Fort Carson will tell you, 
some Iraqi units are highly competent and very capable. Other Iraqi 
units have a long way to go. Yet progress is being made.
  Just in the last 2 weeks, Iraqi security forces conducted nearly 100 
company-level combat operations on their own without U.S. assistance.
  On the political front, the progress in Iraq has been nothing short 
of amazing.
  As President Bush pointed out in his speech 2 days ago, Iraq was in 
the iron grip of a cruel dictator who murdered his own people, attacked 
his neighbors, and continued his decade-long defiance of the United 
Nations just 2\1/2\ years ago.
  Since then, the Iraqi people have assumed sovereignty of their own 
country, held free elections, put together a new constitution, and 
approved that constitution in a nation-wide referendum.
  Tomorrow, Iraqis will again return to the voters booth for the third 
time in the last year. They will be choosing a new government under a 
new constitution, and they will be choosing democracy over tyranny.
  Hundreds of political parties representing every element of Iraqi 
society, including Sunni, Shiites, and Kurds, are participating in this 
highly

[[Page 28185]]

competitive, completely unprecedented electoral race.
  Despite the constant danger of terror attacks, Iraq is buzzing in a 
campaign-like atmosphere. Baghdad, Najaf, and Mosul are full of signs 
and posters. Television and radio are filled with political ads and 
commentary.
  Political rallies for candidates are being held around the country. 
Nothing the terrorists can do or say has stopped this march toward 
freedom and democracy.
  Like Shiites and Kurds, Sunni politicians are now coming under attack 
by the Iraqi terrorists. But the Sunnis now know that terror will never 
overcome the political momentum that has been gaining speed in Iraq. 
They know that an agenda of fear and tyranny will only lead to more 
death and destruction.
  They see that the future of Iraq lies not in the hateful ideology of 
extremism but in freedom, prosperity, and hope.
  As the Denver Post in their editiorial today, tomorrow marks an 
important milestone towards self-government for the Iraqi people.
  The elections in Iraq are a sign of tremendous political progress, 
but they are not the only sign. The development of the rule of law and 
building of new political institutions is just as important--if not 
more so.
  The United States is helping build an independent, impartial 
judiciary system capable of protecting all Iraqis and is helping Iraqi 
lawmakers develop a body of law that will sustain Iraq through the 
challenges of the future.
  In particular, the trial of Saddam Hussein has shown all Iraqis that 
even the most despicable criminals deserve due process and an 
opportunity to prove their innocence under the law.
  Some have questioned whether the war in Iraq is really a part of the 
war against terror. The terrorists have made it abundantly clear that 
Iraq is central in their war against the civilized world.
  They have also made it clear that they will not stop with Iraq; they 
will strike Iraq's neighbors as they did last month in Jordan; they 
will strike Europe as they did in the Madrid bombings; and they will 
not hesitate to strike America again as they did on September 11.
  The soldiers of the 2nd Brigade Combat Team of the 2nd Infantry at 
Fort Carson understand the stakes of the war in Iraq. They know that if 
we run away, all of their work will go for naught. They know that if we 
give up, the lives of millions of Iraqis will be put at risk. And they 
know that if we surrender, the fight the terrorists will be emboldened 
to hit us where it hurts the most--here in the United States.
  I applaud the soldiers of the 2nd Brigade Combat Team for their 
service to our Nation and to the people of Iraq. They have every right 
to be proud of their achievements, as does every U.S. soldier, sailor, 
airman, and marine who has helped bring freedom to Iraq. We owe the men 
and women in our Armed Forces a debt of gratitude--their courage and 
bravery has inspired me and should inspire every American.
  Mr. President, I appreciate the opportunity to discuss this important 
issue.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Vitter). Without objection, it is so 
ordered.
  Mr. DURBIN. Mr. President, I ask unanimous consent to be recognized 
to speak in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                              PATRIOT ACT

  Mr. DURBIN. Mr. President, shortly after 9/11 we came together on a 
bipartisan basis in Congress to try to make certain that terrible 
tragedy was never repeated. We worked on a bipartisan basis to give 
tools to our Government to fight terrorism, to upgrade the laws of the 
United States so our Government could stay ahead of the curve when it 
came to that threat. We understood then, as we do now, that those tools 
were necessary for our Government, and we understood as well that 
preventing terrorism is the most important and the most valid exercise 
of governmental responsibility.
  But we were concerned, concerned that at that moment in our history 
we were responding quickly, perhaps emotionally, to the threat and to 
the tragedy of September 11. So in the wisdom of both Republican and 
Democratic legislators, we included in the PATRIOT Act this new set of 
tools to fight terrorism, sunset provisions. We said: Four years from 
now we will take another look at it. We are going to try to decide at 
that point in time if we went too far because at issue here was not 
just fighting terrorism but our basic rights and liberties.
  Giving the Government more power over the people in this country may 
be necessary in some regards to deal with terrorism, but we should 
always do it carefully because our basic rights and liberties, as 
guaranteed by our Constitution and the tradition of our laws, are 
things we are all sworn to uphold and protect. So the PATRIOT Act was 
passed on a bipartisan basis with only one dissenting vote in the 
Senate and included these sunset provisions.
  Well, the calendar has run, it is 4 years later, and now again we are 
looking at this PATRIOT Act. I found it interesting that there were 
certain provisions of this act which were obviously accepted by the 
American people, provisions which gave the Government more authority. 
But there were several that became controversial. And over the years, 
since the act was first passed, a number of Members of the Senate 
started asking questions about whether perhaps we did go too far in 
passing the PATRIOT Act. It led to the introduction of legislation 
which I cosponsored with Senator Larry Craig of Idaho entitled ``the 
SAFE Act,'' an attempt not to repeal the PATRIOT Act but to change some 
provisions which may have gone too far.
  It was an interesting bill by political standards because the 
cosponsors could not be more different. Senator Craig is a very 
conservative Republican from Idaho. I, of course, am a Democrat from a 
blue State in Illinois. Yet we came together and believed we had a 
common goal of giving the Government enough power to deal with 
terrorism and protect us but not too much power to take away our basic 
rights and liberties. We attracted cosponsors from both sides of the 
aisle--Senator John Sununu of New Hampshire; Senator Lisa Murkowski of 
Alaska; Senator Russ Feingold, who has been a very able leader on this 
whole issue, as well as Senator Ken Salazar, former attorney general of 
the State of Colorado. We have all come together to try to make certain 
that rewriting the PATRIOT Act on this 4-year anniversary is done in a 
responsible fashion.
  We could not have had a better outcome in the Senate. I cannot think 
of one. We passed our revision of the PATRIOT Act out of the Judiciary 
Committee unanimously. I want to tell you, I have served on the 
Judiciary Committee for about 8 years now. It is rough to get a 
unanimous vote for a resolution praising motherhood. But we had a 
unanimous vote--Democrats and Republicans--on the new PATRIOT Act, 
brought it to the floor, and it really struck the right chord with all 
Members of the Senate to the point where we did not have a record vote 
to pass it. We passed it by unanimous consent, and that says we were on 
to something, the right balance.
  Then, of course, the legislative process takes that bill of the 
Senate and matches it with the bill in the House, and compromises are 
made. That is the reason we are here today.
  Because, sadly, some of the compromises that were made between the 
Senate bill and the ultimate bill we are being presented with were 
significant, historic, and some, I am afraid, were just plain wrong.
  In about 2 weeks, several provisions of the PATRIOT Act will expire. 
There are only a couple days left in this session of Congress. The 
Senate majority

[[Page 28186]]

leader, Senator Frist, said this morning this is one of his high 
priorities. And it should be.
  Later this week, at the last possible moment, the Senate is going to 
consider the bill to reauthorize the expiring provisions of the PATRIOT 
Act. I wish we were not doing this at the last minute because this is 
an important debate. This debate is especially important because the 
current version of the bill does not include the safeguards which we 
need to protect the basic freedoms of Americans.
  I come to this debate with the belief we have inherent in our 
democracy, based on our Constitution, certain rights and freedoms and 
liberties. If this Government, or any government, wants to take that 
freedom away from me or from any American, they have to make a 
compelling argument. The presumption is in favor of our freedom. The 
presumption is in favor of our privacy. It is the Government's 
responsibility to show that it has to go beyond current law to take 
away our basic freedom. That is where I start. And I think many Members 
of the Senate--conservative and liberal--feel exactly the same way.
  Now, I understand there may be an attempt to shut off the debate on 
this PATRIOT Act. I think that is a mistake. I think we should give it 
the time necessary because we are talking about fundamental freedoms in 
this country. It is rare we stand on the floor and really consider a 
bill of this importance and this magnitude. But this is one of them. We 
rushed through the PATRIOT Act 4 years ago, as I said, in the light of 
what happened on 9/11, with an understanding we needed to pause and 
reflect on this in 4 years. We should not rush through this debate 
again.
  Some claim we should not be concerned with problems in this bill 
because it includes another sunset clause, which gives Congress the 
power to review three of the bill's most controversial provisions 4 
years from now. A sunset is really important. I am glad we included it 
in the original bill. But it is no justification for delaying changes 
to the PATRIOT Act that are needed to protect our fundamental 
liberties. We ought to fix the PATRIOT Act now.
  In the last 4 years, 400 communities in 45 different States have 
passed resolutions expressing concerns about the PATRIOT Act. The 
American people are sensitive to the fact that this could be an 
infringement on their basic rights. The communities that passed these 
resolutions represent about 62 million people across this country from 
every corner of the United States.
  Senator Craig and I introduced the SAFE Act to address these 
concerns. Three Republican Senators, three Democratic Senators, we came 
together across the aisle to try to find a bipartisan and sensible 
approach to dealing with this issue. The SAFE Act, as I said, would not 
eliminate the PATRIOT Act. It would only reform it.
  And the bill has an amazing array of support: the American 
Conservative Union joined with the American Civil Liberties Union. When 
was the last time those two got together? But they did for this act 
because they believe whether you are on the right or on the left that 
basic freedoms should be protected.
  The Senate bill was based on the SAFE Act that we introduced. We 
reached an agreement. We made compromises. So some of the reforms of 
the SAFE Act were included, some were not. The result was 
extraordinary. The Senate unanimously passed the bill.
  The SAFE Act, like the Senate bill, retains all of the new powers 
created by the PATRIOT Act but places some reasonable limits on them.
  Then came the conference report. The current version of the PATRIOT 
Act reauthorization legislation does not include some of the most 
important reforms of the Senate bill. In the limited time I have, let 
me speak to one or two issues.
  Section 215 has been called the library records provision of the 
PATRIOT Act. Let me tell you what it would do. The bill would allow the 
Government to use this section to obtain library, medical, tax, gun 
records, business records, and other sensitive personal information 
simply by showing that the information might be relevant to an 
authorized investigation.
  This is not in the tradition of American jurisprudence and American 
constitutional law. It has been our premise that before the Government 
can investigate any of us, any person who is following this debate, 
there must be some individualized suspicion about that person. This 
section of the PATRIOT Act says just the opposite. The Government can 
start looking at thousands of individual records held by different 
companies or libraries or hospitals and look to see if there is 
anything suspicious that they can glean from looking at those records. 
Section 215 clearly allows such a fishing expedition.
  Who has raised concerns about this provision? The U.S. Chamber of 
Commerce, the National Association of Manufacturers, groups on the 
right and on the left. They argue that the Government should be 
required to show a judge that a person whose records they want has some 
connection to a suspected terrorist or spy.
  This is basic to the law of America. In this country, you have the 
right to be left alone. It is pretty basic and important to all of us. 
If the Government wants to get into my personal life or yours, it has 
to do so with a reason, not in general terms that say: Let's look at 
all of the people who have checked books out of the New York Public 
Library in the last 30 days. Let's go to a hospital and ask for all of 
the medical records of people who have had a certain medical procedure, 
regardless of who those people happen to be. This is too broad.
  When the FBI is conducting a terrorism investigation, they should not 
be able to snoop through your sensitive personal records unless you 
have some connection to a suspected terrorist act. The original Senate 
bill would provide that protection. This bill we are going to consider 
does not. That is what is at stake.
  There are other problems with section 215. Let me mention another. An 
individual who receives a section 215 order--for example, the person 
who is running a library, the administrator of a hospital with medical 
records, the administrator of a credit agency, for example, with 
sensitive financial information--is subject to an automatic permanent 
gag order that prevents that person from speaking out, even if he 
believes that this section 215 order has gone way too far and violates 
their rights.
  The original Senate bill we supported on a bipartisan basis and 
passed unanimously would give someone who receives a section 215 order 
the right to go to court to ask that the gag order be lifted. The 
current version of the bill does not.
  It, in fact, continues to gag those individuals who could protest the 
Government reaching too far with a section 215 order. This is a serious 
threat to our freedom of speech. Courts have held that an individual 
who is subject to a Government gag order has a first amendment right to 
challenge that gag order in court. The current version of the PATRIOT 
Act does not provide that right. I am concerned that that on its face 
is unconstitutional.
  I don't have time to get into all of the details of this conference 
report. There are many provisions of the bill which trouble me. This 
morning, I am going to be sending a letter, with several of my 
colleagues, to our other colleagues in the Senate outlining those 
concerns.
  In this morning's Washington Post, Attorney General Gonzales says we 
have a choice: either accept this flawed conference report or it will 
expire. I respectfully disagree. We must not allow the PATRIOT Act to 
expire. There are provisions we desperately need to keep America safe. 
But we should not pass a reauthorization that fails to protect basic 
constitutional rights. Once we give these rights away in this act, can 
we ever reclaim them?
  The 9/11 Commission said it best: The choice between security and 
liberty is a false choice. Our bipartisan coalition believes this 
legislation can be changed and improved to protect civil liberties and 
give the Government the tools it needs to fight terrorism.

[[Page 28187]]

  We believe it is possible for Republicans and Democrats to come 
together, dedicated to protecting our basic constitutional rights. We 
believe we can be safe and free.
  The American people have already lived with the PATRIOT Act for 4 
years. They shouldn't have to wait any longer for Congress to take 
action to protect their constitutional rights.
  This morning, the Senate majority leader came to the floor to speak 
about a provision in the PATRIOT Act which I certainly support. It is 
the Combat Meth Act. My State of Illinois, many States with rural 
populations, knows that this insidious drug crime has been increasing 
with these meth labs and an addiction which has destroyed lives and 
created chaos, starting, of all places, with rural areas and small 
towns. The Combat Meth Act includes $15 million in COPS funding to 
combat the growing methamphetamine problem, and I support it. However, 
what the Senate majority leader did not mention was that the 
Republicans in this Chamber have consistently voted against COPS 
funding.
  As recently as last March, when the Senate considered the budget 
resolution--I see my friend, the chairman of the Budget Committee, and 
he may respond--Senator Biden proposed an amendment to increase COPS 
funding by $1 billion. That amendment did not receive a single vote on 
the other side of the aisle. Time and again, the President has proposed 
eliminating funding for hiring additional police officers through the 
COPS Program to help combat this methamphetamine problem. Simply 
authorizing another $15 million in COPS funding in the PATRIOT Act is 
not enough. It is time for Congress to take a stand and provide real 
money to fund the COPS Program, to help State and local law enforcement 
fight this insidious meth epidemic across America.
  I yield the floor.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The PRESIDING OFFICER. Morning business is now closed.

                          ____________________




                     DEFICIT REDUCTION ACT OF 2005

  The PRESIDING OFFICER. The Chair now lays before the Senate a message 
from the House.
  The bill clerk read as follows:

       Resolved, That the bill from the Senate (S. 1932) entitled 
     ``An Act to provide for reconciliation pursuant to section 
     202(a) of the concurrent resolution on the budget for fiscal 
     year 2006 (H. Con. Res. 95)'', do pass with the following 
     amendment.

  The bill is printed in the House proceedings of the Record of 
November 17, 2005.
  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of motions to instruct conferees with 
respect to S. 1932, and the Senator from New Hampshire is recognized.
  Mr. GREGG. Mr. President, we are now proceeding to try to appoint 
conferees for the purposes of passing, hopefully, at some point, the 
deficit reduction bill which would reduce the deficit of the United 
States by $45 to $48, maybe $49 billion and, thus, reduce the debt of 
the United States and be the first piece of legislation passed in the 
last 8 years which attempts to address one of the most serious issues 
we have as a matter of Federal spending policy, which is the issue of 
how we bring under control our entitlement accounts. It is important, 
as we move down this road, that we once again set the table as to what 
the issues are. It is a complex issue, and it is one which a lot of 
people who are not focusing on it probably do not really appreciate the 
subtleties because it is something that takes a certain amount of 
expertise or at least a fair amount of time relative to understanding 
it.
  The way the Federal spending process works is that there are 
essentially two different sets of accounts. One is discretionary. Those 
are accounts that we spend every year. They are for things such as 
national defense, education, environmental cleanup, health care, items 
which every year need to be appropriated. That is called the 
appropriations bills. They represent about a third of the Federal 
spending.
  Another set of accounts is entitlement accounts. Entitlement accounts 
are programs from which you, as American citizens or an organization, 
have a right to receive a payment. It is not a question of being 
appropriated. In other words, there doesn't have to be a law passed 
every year for you to get that expenditure like you have to do with 
national defense.
  Rather, this money, you have a right to because the law says you meet 
certain criteria. You may be a veteran. You may be a student going to 
college and you have a right to a student loan. You may be a senior 
citizen who is retired and you have a right to Social Security payments 
and you have a right to health care payments. You may be a low-income 
individual and you have a right to Medicaid payments.
  The problem we confront in the Federal Government is that although 
the discretionary accounts have been held at a very low rate of 
increase--in fact, nondefense discretionary funding has essentially 
been frozen under the budget resolution we passed. That freeze has been 
enforced through what is known as spending caps, where in order to go 
past this essential freeze, you have to have a supermajority to do it. 
On the entitlement side, there is no way in the regular order of the 
Senate to control the rate of growth in entitlement spending because, 
for a certain number of people or programmatic activity, the payment 
must be made. We confront a fiscal tsunami, driven by the fact that we 
are facing the largest retired generation in the history of this 
country, the baby boomers.
  As Chairman Greenspan pointed out in what was essentially his wrap-up 
statement as to what he thought were the concerns we as a Nation should 
be looking at in the area of fiscal policy--or maybe not his last 
statement but maybe a major policy statement made in London. He said 
the one thing that most concerned him was the fact that the baby boom 
generation--this large generation born after World War II, through the 
1950s--when it hits the retirement system, tremendous demands are going 
to be put on the Federal Treasury and, therefore, on the taxpayers of 
the country--the younger generation who are trying to earn and have a 
good lifestyle--are going to be overwhelmed. We are essentially going 
to confront the situation where we will have so many people retired 
compared to the number of people working that those people who are 
working are going to have to pay a disproportionate amount of their 
income in order to support the retired generation, and it will be to a 
level that will essentially eliminate or dramatically reduce our 
children's and grandchildren's ability to have a quality lifestyle. 
These pages today are going to have a tax burden that is so high that 
basically their ability to buy a house, to send their children to 
college, to have a quality of life that is equal to or better than 
ours--which is, of course, what we hope to pass on to our children--
will be dramatically reduced.
  To put this in context of dollars--and the dollars are so big it is 
hard to understand it--there is presently $47 trillion of unfunded 
liability out there to support the generation that is about to hit the 
retirement system. That is an unfunded liability. That means there is 
no way anybody knows how to pay for those programs. The vast majority 
of that is in the health care area, where there is about $24 trillion 
of unfunded liability between the Medicare and the Medicaid systems. 
Those numbers were not numbers I thought up or even that CBO thought up 
or OMB thought up, the in-house accounting groups we turn to for 
advice. Those numbers came from the independent, totally objective 
source of the Comptroller's office.
  So we confront this huge cost, and the issue for us as policymakers 
and as shepherds of hopefully a better America for our children is how 
do we address that so we don't pass on to them this massive debt.
  In the last 8 years, we have done nothing about the entitlements. 
This section of the Federal spending apparatus has basically been 
ignored, except that new programs have been added. In the last 4 years, 
we have seen

[[Page 28188]]

the largest increase in the history of the country added to 
entitlements in the prescription drug program, an $8 trillion unfunded 
liability in that program. So this year in the budget process, the 
Republican majority, with the exception of a few Members, decided that 
we would try, for the first time in 8 years, to actually do something 
about the entitlement accounts, and we passed something called 
reconciliation instructions, which essentially is a program by which we 
say as a Congress to the committees of jurisdiction, look at your 
entitlement spending programs, look at the health care programs, the 
farm programs, the various education programs and see if there is not 
some way, without significantly impacting the quality of those programs 
or the economic integrity of those programs or the benefit of those 
programs to the people--isn't there some way we can rein in their rate 
of growth so they will be more affordable for our children's generation 
to pay for it.
  It is the first time we have tried this in 8 years. We didn't pick a 
big number to hit. It is a big number, but in the context of the 
Federal spending it is not that big a number. For example, in the 
Medicaid area, we suggested that the rate of growth be slowed by $10 
billion. That is a big number, but in the context of total Medicaid 
spending, it is not. Total Medicaid spending over the 5-year period, 
which we asked for a $10 billion savings in, will be $1.2 trillion. So 
$10 billion is actually less than one-tenth of 1 percent of that total 
spending, and it will slow the rate of growth of Medicaid spending from 
somewhere around 40.5 percent down to 40 percent. That is the rate of 
growth. Forty-percent growth will still occur in the Medicaid account, 
even if we hit the target that the Senate has proposed. So we are 
trying as a Congress now to reach agreement on this package of 
proposals to rein in the rate of growth of Medicaid spending and other 
entitlement account spending, and we hope to have a package within the 
$40 billion to $50 billion range. That is a big number, but today we 
need to get to conference to do that. We have to meet with the House. 
That is the way it works. We have to go to conference and talk about 
it.
  Some would like to give instructions to the conference as to what the 
conference should do. Now, it is the legitimate right of everybody in 
the Senate to offer a motion of instruction before you go to 
conference. That is so the other side of the aisle, coupled with some 
Members on our side, have asked to set up a set of motions for 
instructions. I believe seven will be proposed, and we will hopefully 
get a vote on conferees. There is an irony to this--in fact, it is more 
than irony. Other terms may be more appropriate, but I will not use 
them. But in every instance the people who are offering--the primary 
offerers--the motions to instruct conferees did not vote for the 
budget. None of them. They did not vote for the budget. There was one 
cosponsor of one of these who did vote for it, and I appreciate her 
vote; it was the Senator from Maine, Ms. Collins. But she is not the 
prime sponsor of it. The prime sponsors of those proposals did not vote 
for the budget. They not only didn't vote for the budget which had in 
place the spending restraint which froze discretionary spending and put 
into place the caps necessary to control discretionary spending and put 
in place the entitlement reconciliation instructions which would allow 
us to move forward with a reconciliation bill and try to control 
spending--so the sponsors of these instructions didn't vote for any 
spending restraint proposals and now they want to instruct the 
conference as to how to proceed. And then having not voted for the 
budget when the reconciliation bill came to the floor, which bill 
involved, when it passed the Senate, $3 billion of savings, deficit 
reduction, savings in spending, deficit reduction--they didn't vote for 
that--none of the sponsors of these motions to instruct the conferees 
voted to control spending by voting for the deficit reduction package 
or to control spending by voting for a budget. And now they come to the 
floor in an act of what I think is exceptional irony, and they wish to 
advise and tell and instruct the people who are going to try to put 
together a bill to reduce the deficit and reduce the debt as to what 
should be done. And in most instances, most of these instructions don't 
reduce the debt, don't reduce the deficit, but actually increase the 
debt and increase spending.
  As was noted yesterday by the Senator from Iowa, the chairman of the 
committee that has jurisdiction over this issue, the trade instruction 
in this bill, which is directed at a special interest program, will 
actually cost the American taxpayers about $3 billion.
  So having voted against the budget to reduce spending, having voted 
against the deficit reduction bill to reduce spending, they now come to 
the floor and in an act of extraordinary irony suggest instructing the 
people who are trying to put together some fiscal responsibility around 
here that they should spend more money or should have less available to 
spend.
  I think these motions to instruct should be taken with a large grain 
of salt because of that fact. It would be credible if somebody who had 
voted for this deficit reduction bill offered a motion to instruct, 
especially if it is was an instruction, hopefully, to get more deficit 
reduction, and it would be credible if somebody who had voted for the 
budget resolution offered an instruction. But most of these instruction 
requests are not being offered in the context of trying to save funds, 
reduce the deficit, and reduce the debt, but are actually being offered 
for the purposes of increasing spending, increasing the debt, and 
increasing the deficit.
  So we go forward with this exercise today of motions to instruct, but 
I think they need to be put in context, and that is what I have tried 
to do.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. Under the previous order, the Senate disagrees 
to the House amendment, requests a conference with the House, and 
authorizes the Chair to appoint conferees with a ratio of 11 to 9.
  The Senator from Ohio is recognized.


                      Motion to Instruct Conferees

  Mr. DeWINE. Mr. President, I have a motion at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Ohio [Mr. DeWine] moves that the managers 
     on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendment to 
     the bill S. 1932 be instructed to insist that any conference 
     report shall not include the provisions contained in section 
     8701 of the House amendment relating to the repeal of section 
     754 of the Tariff Act of 1930.

  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. DeWINE. Mr. President, the motion that I am offering today, with 
Senator Byrd's support, urges the Senate conferees on the 
reconciliation bill to oppose efforts by the House to eliminate current 
law, to eliminate the Continued Dumping and Subsidy Offset Act.
  This act, which is current law, which Senator Byrd and I originally 
introduced in 1999 and which was signed into law in 2000, continues to 
play a very important role in defending American companies from the 
injuries that unfair trade causes to American workers.
  Repealing this legislation would be a grievous mistake. Let there be 
no mistake about it, this is about jobs. This is about American jobs. 
This is about protecting and saving jobs all across our great country 
and in my home State of Ohio, as well as in 47 other States. This is 
about punishing illegal trade practices, and it is about giving 
something back to the victims.
  The Continued Dumping and Subsidy Offset Act is really very simple. 
We have heard a lot of talk about it. We have heard some criticism 
about it. But when you boil it down, it is very simple.
  When foreign companies illegally violate our trade laws, they get 
punished. They get fined. What this act does is it takes those fines 
and gives them to the companies that were harmed instead of giving the 
money back to the U.S. Treasury. That is it. That is what it does. This 
compensation provides these injured companies and their workers with a 
remedy and helps them recover from the damage done by the illegal trade 
practices.

[[Page 28189]]

  Without this financial compensation, companies would continue to get 
hurt, jobs would continue to be lost, and that would be the end of the 
story. When we passed this bill a few years ago, we began to change 
that.
  The truth is these foreign violators of the law--and that is what 
they are, they are violators of the law--think that this is just a cost 
of doing business, and they continue to do it. That is why we labeled 
this bill the Continued Dumping and Subsidy Offset Act. The point is 
they continue to do it. They look at the penalties they pay as a cost 
of doing business.
  The idea behind this act when we passed it was we were not going to 
let them continue to get away with that and look at this as a cost of 
doing business. So instead of taking this money and giving it to the 
U.S. Treasury and letting them go merrily on their way, we would take 
this money and give it to the affected companies so these U.S. 
companies who employ U.S. workers could then take that money and invest 
it back into those companies, invest it for U.S. workers. That is what 
they have to do by law. And it has worked.
  After the Continued Dumping and Subsidy Offset Act was implemented a 
few years ago, the disbursement reports have demonstrated the full 
extent of the dumping and the unfair trade problems our country faces. 
Let me give an example.
  In 2004, no less than 458 companies received funds through this act. 
That means 458 of them were violated, had been abused. Across the 
United States, more than 700 producers in 48 States have received 
distributions from duties collected under our trade laws under this act 
which tells us that nearly every State in the United States of America 
is affected by unfair trade. Virtually every Senator in this body 
represents a State that has been helped by this law.
  These recipients range from large, medium, small companies to family-
owned businesses, independent workers, farmers, and fishermen. In my 
home State of Ohio alone, over 35 companies have benefited from the 
Continued Dumping and Subsidy Offset Act, including businesses in 
Akron, Canton, Cincinnati, Columbus, Youngstown, Warren, and Wooster.
  The financial distributions have allowed businesses to reinvest in 
their operations, train workers, provide health care and pension 
programs, and keep high-wage, high-skilled jobs in our country. It 
matters. It is important.
  Despite the many benefits that the Continued Dumping and Subsidy 
Offset Act has given our economy, some opponents argue that we must 
repeal it. Why? They say we must repeal it to comply with the WTO's 
rulings against the law. We must follow what the WTO tells this 
Congress to do, tells this country what to do. I disagree.
  There is no reason the United States should abandon this law as an 
effective tool in trade talks. Why should we give it up? Like my friend 
and colleague, Senator Craig, said on this floor yesterday, there is 
nothing in any WTO ruling that tells countries what to do with the 
proceeds from the fines collected from illegal trade practices. We 
never agreed to that. The United States never entered into any 
agreement where we said we couldn't do this.
  Why are we letting the WTO tell us these fines can't go back to the 
true victims, can't go back to the companies and the employees, can't 
go back to the people who have been hurt by foreign companies' dumping 
practices?
  I find it somewhat ironic that some of the people who want to repeal 
this law that has worked so well are some of my same colleagues who 
come to the floor and talk about and criticize activist judges in the 
United States. We do not like activist judges in the United States. We 
do not like judges who dream up laws, who go beyond the letter of the 
law, who go beyond what Congress has written. Why do we want then to 
follow the WTO when the WTO goes well beyond any agreement this country 
has entered into? Why do we want to follow them down the road when they 
have been creative, when they have been activists? Why do we want to 
follow the logic that says we have to follow them? It makes no sense. 
They are the ones who are being the activist judges, so to speak. We 
should not do it.
  The Continued Dumping and Subsidy Offset Act enjoys broad bipartisan 
support in this Chamber because Members know that the act has provided 
a lifeline to thousands of manufacturers, farmers, and fishermen 
throughout our Nation, people who have faced aggressive, unfair trade 
practices on the part of foreign producers.
  Over the past couple of years, at least 71 other Senators currently 
serving in this body have joined me in opposing the act's repeal. 
Today--and tomorrow when we vote on it--we need to reiterate that 
support and to vote to build upon our past successes.
  Unless our laws work to encourage all competitors to play by the 
rules, it is more difficult for U.S. producers to regain a declining 
market share and it makes it impossible to restore jobs that have been 
lost. The Continued Dumping and Subsidy Offset Act is simply good 
public policy. It helps ensure that our domestic producers can compete 
freely and fairly in global markets. I strongly urge my colleagues to 
oppose its repeal.
  I conclude by one additional comment. I have heard people say that 
this act, this law, represents special interests. I am dumbfounded by 
that comment. When in the world did it become a special interest to 
protect American jobs? When is looking out for American workers a 
special interest? Are American workers a special interest group? Is 
making sure we have a level playing field in regard to trade practices 
a special interest? Are American workers a special interest group? I am 
dumbfounded by that comment. I do not understand it.
  I am the strongest supporter in the world of free trade, fair trade, 
but to say that a law such as this that only goes into effect when it 
has already been proven that there has been a violation of trade laws, 
when it has already been proven that there has been illegal dumping, a 
law that only does the simple thing of compensating victims who have 
suffered by illegal dumping, and to say that is special interest 
legislation, I do not understand it. It makes absolutely no sense.
  Seventy-one of my colleagues in this body who are currently serving 
have said this is not special interest, that standing up for American 
workers is the right thing to do. I hope the day never comes when 
Members of the Senate think that standing up for American workers is 
special interest. So I hope when this vote comes, probably tomorrow, we 
will do what we have every right to do, and that is to instruct the 
conferees on what the will of the Senate is.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. DeWINE. I yield to my colleague from Wisconsin.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.


                      Motion to Instruct Conferees

  Mr. KOHL. Mr. President, I rise today to send a motion to the desk to 
instruct conferees on the budget reconciliation package.
  The PRESIDING OFFICER. Without objection, the previous motion is 
temporarily set aside.
  The Senator from Ohio.
  Mr. DeWINE. Mr. President, I assume my colleague has his own time 
under the rules.
  The PRESIDING OFFICER. The Senator is correct, and that will be used.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Wisconsin [Mr. Kohl] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendment to 
     the bill S. 1932 be instructed to insist that any conference 
     report shall not include any of the provisions in the House 
     amendment that reduce funding for the child support program 
     established under part D of title IV of the Social Security 
     Act (42 U.S.C. 651 et seq.), which would reduce funds by 
     $4,900,000,000 over 5 years and have the effect of reducing 
     child support collections by $7,900,000,000 over 5 years and 
     $24,100,000,000 over 10 years, and to insist that the 
     conference report shall not include any restrictions on the 
     ability of States to use Federal child support incentive 
     payments for child support program expenditures that are 
     eligible for Federal matching payments.


[[Page 28190]]

  Mr. KOHL. Mr. President, I am offering the motion on behalf of myself 
and Senators Snowe, Harkin, Cornyn, Obama, Rockefeller and Kennedy. We 
are asking conferees to reject the deep cuts that the House made to the 
child support enforcement program. Perhaps some of my colleagues would 
like to speak on this matter, and so I will keep my comments brief.
  I would hope that this would be a simple vote for my colleagues. The 
Senate needs to send a strong message to conferees that the cuts the 
House supported are unacceptable. I would like to remind my colleagues 
what those cuts are, and what they mean. The House slashes funding for 
the child support enforcement program by 10 percent, which is nearly 
$16 billion which will be cut in the next 10 years. In addition, the 
House language prevents States from drawing down Federal funds based on 
their performance incentive payments.
  What does that mean for States, and more importantly, what will it 
mean for hard working American families? According to the Congressional 
Budget Office, the House cuts will reduce child support collections by 
nearly $7.9 billion in the next 5 years and $24.1 billion in the next 
10 years. My State stands to lose $308 million in Federal funding over 
the next 10 years, and will lose approximately $468 million in child 
support collections.
  Cutting the child support enforcement program is counterproductive. 
It means cutting one of the most successful, cost-effective Federal 
programs in existence. In 2004, the program collected $21.9 billion, 
while total costs were kept at $5.3 billion, which is greater than a $4 
dollar return on every dollar the Federal Government invested. In fact, 
collections are rising faster than expenditures. Child support programs 
are increasing their cost-efficiency.
  Being cost-effective, however, is not the greatest achievement of the 
child support program. Sixty percent of all single parent families 
participate in the child support program, and participants are 
primarily former welfare families or working families with modest 
incomes. It is proven that the child support program directly increases 
self-sufficiency and that families receiving child support are more 
likely to leave welfare and less likely to return. So these cuts have 
no place in a deficit-reducing measure. If congress cuts this program, 
it will ultimately push more people onto other Federal aid programs.
  I would also like to remind my colleagues that the Senate already has 
a strong record on this issue. Two weeks ago we unanimously adopted an 
amendment offered by Senator Harkin, a sense of the Senate in 
opposition to these cuts. Members from both sides of the aisle have 
consistently opposed the cuts, with the backing of a number of groups, 
ranging from the National Governors Association to the Information 
Technology Association of America.
  I strongly urge my colleagues to find out how these cuts will affect 
their constituents, and would urge them to vote based on the families 
these cuts will impact.
  Mr. SESSIONS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                              PATRIOT ACT

  Mr. SESSIONS. Mr. President, if other matters come up, I would be 
pleased to conclude my remarks and yield to others who may be speaking 
relative to the reconciliation matter. But I want to talk at this time 
about the PATRIOT Act, and I want to go straight to the heart of the 
complaint that we have had against it by first observing that most of 
the complaints that we have heard, from my perspective, are emotive. 
They are not specific. Generally, they boil down to say we can't allow 
our liberties to be eroded out of fear that the terrorists would win--
words to that effect. Certainly, that is true. There is no doubt about 
that.
  Some contend that we have rushed into the PATRIOT Act, that all facts 
were not considered, that the bill was moved rapidly, and they suggest 
that provisions dangerous to our liberties were placed in the PATRIOT 
Act as a result of the emotions that arose after 9/11. But that is not 
true. I was on the Judiciary Committee when all of this occurred. I 
remember the debate that occurred. This legislation was carefully 
drafted. The best minds in our country participated. The Judiciary 
chairman, Orrin Hatch, and his ranking member, Senator Patrick Leahy, 
deserve great credit for that. The U.S. Department of Justice was 
engaged, groups from the left and the right, civil liberties groups, 
the American Civil Liberties Union. All of those groups knew what was 
being considered. They had an opportunity to and did comment on the 
language.
  The Senate gave it careful attention, and the legislation moved. But 
it took some time for it to move. We spent a great deal of time 
considering the language. Anything that raised the slightest 
possibility of being abused, or even some theoretical fear that it 
could somehow be abused, was considered carefully. Every line was 
examined. Every word was examined. Words and lines and provisions were 
altered continually to address the concerns and fears some people had.
  Law enforcement procedures long used and long approved by the Supreme 
Court were attacked during this process as somehow violating the 
fundamental liberties of Americans.
  It was breathtaking to me as a prosecutor of over 15 years to hear 
some of the charges being raised against practices that amount to 
nothing more than standard police procedure which are done in every 
State and every county in America. It was attacked as something that 
was somehow going to destroy the liberties that this country takes so 
seriously.
  It is OK, I would say. That is good debate. It is a free country, and 
maybe it is good that our watchdogs are ever ready to point out any 
error. And perhaps some of the changes we made were better as a result 
of complaints that were raised. I don't dispute that. Some changes, 
however, I think were probably not good. But at any rate, great efforts 
were made to allay the fears and concerns and make sure this bill did 
not go too far.
  Yes, it is good to have watchdogs, but you don't want the watchdogs 
biting the house owner. I want to have a bill that protects the owner 
of the house.
  We discussed these issues and addressed them line by line. Senator 
Leahy, ranking member, civil libertarian for sure, made certain that 
the process was open. So did Senator Hatch. Even the most arcane fears 
were addressed. It was a good process.
  We left out things in this legislation that I would liked to have 
seen. But those things eroded some support, and people were concerned 
about it, and we left that out. But surely we have not forgotten that 
this debate just occurred 4 years ago. It was full and vigorous, and 
the legislation we passed was certainly not something that was rushed 
through without consideration.
  Most importantly, we took down the wall that prohibited our Central 
Intelligence Agency and Defense agencies to gather intelligence around 
the world that might be relevant to attacks on our homeland.
  This wall--this legal barrier--prevented them from sharing that 
information with the investigative forces in the United States, the 
FBI, and the local police, so that they could use it to protect the 
citizens of America. There was a wall created by the Church committee--
an overreaction, frankly, to the Watergate problems that arose during 
that period of time. And they created this wall. So the data and the 
information couldn't be shared with

[[Page 28191]]

the FBI, and the FBI couldn't share information with them. This wall 
perhaps even prevented the FBI from finding more information that would 
validate information they already had, and therefore left us less able 
to defend America and to effectively utilize information about criminal 
elements that would be important to us. This was an unbelievable 
situation. But it was the law of the United States.
  Some people say surely the agents are not going to do that. Surely, 
if Defense agencies or the CIA found information that a terrorist 
organization may be threatening America, they would pass it to the FBI. 
No. They were not. It was against the law that Congress passed. I think 
there were bits of evidence proved that indicated that had that wall 
not be there we might possibly have stopped 9/11. But it is easy to see 
after the fact that there are circumstances in which that wall would 
have allowed another 9/11 to happen when, and if it had not existed, we 
could have stopped it. There is no doubt about that. It is easy to see 
scenarios where that would happen.
  So that is one of the most important things that was part of this 
act. It was important.
  This bill is expiring. If we don't extend it now, that wall will go 
back up. I say to my colleagues, this legislation is critical to 
national security. It is extremely critical to our national security. 
We are thankful and most pleased that we have gone now 4 years since 9/
11 without another major attack on our homeland. It is something that I 
would not have thought possible. I can tell you that one reason it has 
not occurred and that we have not had another attack is our local law 
enforcement, our FBI, and our intelligence agencies which are working 
together effectively, and with a focus we have never had before on 
these kind of issues. It is remarkable what they are doing. They have 
given their heart and soul to it. Frankly, it amazes me to hear people 
on the floor of the Senate and outside of the Senate often suggesting 
that the FBI and our investigative agencies are threats to us. There is 
a paranoia that is not helpful.
  I was a Federal prosecutor. I worked with the FBI for many years. 
These individuals are patriots. They are working night and day to 
protect our country. We have created many hurdles for them that are 
difficult for them to overcome and which can actually impair their 
ability to identify and prosecute terrorist cells that may be operating 
in our country today. It is not a theoretical matter. This is a matter 
of tremendous importance. We need to focus on it.
  I will go straight to the areas raised as concerns and that have 
formed the basis of objections from many of our colleagues--some of our 
colleagues, not many--and from outside groups.
  I recall the Senate PATRIOT Act bill cleared the Senate Judiciary 
Committee 18 to 0. It passed the Senate unanimously by unanimous 
consent. The legislation then went to conference committee. Much 
discussion and debate went on with regard to the House version and the 
Senate version. Frankly, they were not that much apart. Compromises 
were reached. The Senate bill did rather well as these things go in 
terms of our side prevailing. We came out with a pretty good bill. I 
was excited about it.
  I am disappointed now we have Members of this Senate filibustering 
the PATRIOT Act, alleging that there is some sort of big change that 
has occurred that threatens the liberties of Americans and that we do 
not need to extend it. It is beyond my comprehension.
  Let's talk about some of the issues. I will do it the best I can, 
fairly and objectively. I will try to say what I think the provisions 
mean. I will try to give a historical context for these provisions and 
make some comments with regard to why they are important tools for our 
law enforcement.
  Our investigators are American heroes. They are working in every 
community. Before September 11, we had, I believe in Arizona, people 
learning to fly an airplane. They did not want to learn how to land it; 
they just wanted to learn how to fly it. In Wisconsin, Minnesota, we 
had other information that came up which was not properly assimilated 
and not properly evaluated. We had information from Florida that a 
number of terrorist groups had been stopped for speeding and other 
activities. The dots were not connected at that time. We know those 
stories. We were not as focused at that time as we are today post-
September 11. We are more focused today.
  Some of the problems we had at that time were a result of inadequate 
laws and procedures that made it even more difficult for investigators 
to investigate national security threats and terrorist threats, than it 
is to investigate dope dealers and tax evaders--unbelievable, but it is 
so.
  There has also been a lot of discussion about national security 
letters, what they are and how they operate. I would like to have seen 
terrorist investigators given administrative subpoena power. That is 
something other agencies have. The Drug Enforcement Administration can 
issue subpoenas for financial records, telephone toll records, motel 
records, and bank records. They just issue a subpoena, and they give 
them a record. The IRS can get records like that in the same way. The 
Customs Service and many other agencies have the ability to obtain 
records administratively.
  But people were concerned about this and said this would be abused. 
We worked and worked on it. This is what we came up with. It is a very 
modest proposal. It is a proposal and a legislative enactment which is 
fair, which is restrained, which is consistent with our history as a 
nation and consistent with approved criminal justice procedures by the 
Supreme Court of the United States.
  For example, the national security letter is a procedure by which the 
Federal investigative agent can request information from a third party 
to obtain financial records, telephone toll records, credit reporting 
records, and a limited number of records like that. You cannot get 
medical records. You cannot get library records with a national 
security letter. But these are the routine things often critical to 
investigating a terrorist organization. It is extremely important. 
These cases can move very fast. If you have to have a court order to 
get it and you need the information on Friday night but cannot get a 
judge somewhere, death can result. It can be a matter of life and 
death. It can be a matter of whether an investigation breaks your way 
and you get the key information necessary to penetrate a terrorist cell 
or not. This is absolutely consistent with what other agencies have as 
a matter of their legitimate power. We ought to be able to do that in 
terrorist investigations, for heavens' sake. There is no doubt about 
that. This is extremely important.
  Looking at the perspective, it is very important--and I know the 
Presiding Officer is a lawyer--to understand the principles of privacy 
and search and seizures that are at stake. These subpoenas are not 
subpoenas to an individual's personal, private records; these are 
subpoenas issued to third parties. A defendant does not own the 
telephone toll records. If he does not want the telephone company to 
know whom he has called, he should not use the phone company. Everyone 
in the phone company can access the phone numbers he calls--not the 
contents of the conversation--and can find out whom that person has 
called. When you go to the bank and use it, the bank maintains records 
on your account. Those are not your records; they are the bank's 
records. If you have a credit reporting agency that has collected 
public data on your payments, they can examine it; why can't an 
investigator investigating a terrorist have access to that, pray tell? 
In these areas, there is not the same expectation of privacy.
  The U.S. Supreme Court has said repeatedly for the last 100 years or 
more that you do not have the same expectation of privacy you have in 
those records because they are not yours. They are somebody else's 
records. You have an expectation of privacy and the search and seizure 
laws and search warrants apply to matters in your house, matters in 
your car, matters at your office desk, any location in which you have 
exclusive control and dominion. If

[[Page 28192]]

it is yours, you have a right to it, and the Government cannot come 
into your house, cannot come into your business and take those kinds of 
records without a search warrant approved by a Federal judge based on 
probable cause. They have to file affidavits under oath stating what 
facts are there to justify the entry into an individual's home or 
business to obtain those personal records.
  This national security letter has nothing to do with the records 
people own. It in no way changes that historic right that your private 
property cannot be taken or searched without a warrant approved by a 
Federal judge in a Federal case. These are records belonging to third 
parties, and they are subpoenaed every day. Every district attorney in 
America can subpoena your telephone toll records if he believes they 
are relevant to an ongoing criminal investigation. That is the 
standard. That is the standard for Federal prosecutors. The U.S. 
attorney--which I was for 12 years--issued tens of thousands of 
subpoenas for those kinds of records routinely on the simple test of 
whether it is relevant to an ongoing criminal investigation. If you are 
investigating a drug dealer, a drug deal goes down, and the dealer 
says, I don't know John Jones, and you subpoena his telephone toll 
records and see that he made 8 phone calls or 25 phone calls to John 
Jones in the hours leading up to the dope deal, you have pretty good 
proof to use at trial. That is the way you make cases. That is the way 
investigations are done. If they say, I didn't make any money off that, 
you check his bank record, and see that he deposited $10,000 in cash. 
That is proof that goes toward whether this person was engaged in 
selling dope for cash. That is the way you prove cases every day. This 
is the way you have to prove cases against terrorists. I make that big 
point.
  I have heard people on national television say they can go into your 
house and search your house without a warrant. Absolutely not true. The 
great protections to your home and property were changed not one whit 
by the PATRIOT Act.
  It simply allowed the Federal investigators in terrorist 
investigations to have a much improved ability to timely obtain 
records. I am telling you, when you are investigating one of these 
groups and you get a call, a tip, from someone who says, there is a 
group over here that is pretty dangerous, and we just heard one of the 
terrorists is coming in from out of the country to meet with them, and 
you need to check their telephone toll records or check the motel to 
see if they have been at this motel, to verify whether this occurred, 
subpoenas can be issued like that. But you do not need to have to go to 
the FISA court, a Federal court, to get approval any more than a local 
district attorney would have to do that. As I have indicated, other 
agencies have these requirements, have these abilities today. It is no 
big deal, in my view.
  Now, what else did we require here? We required that the individual 
issuing this national security letter, the Federal agency that approves 
it, certify that it is a national security matter. That is an important 
certification. They have to do that under oath. Some people may think: 
Well, they may not comply with that. They could go and break in your 
house without any warrant. But that is not the way Federal agencies 
operate. I have worked with them for the biggest part of my career. 
They do not violate the law. They do not violate this wall between the 
CIA and the FBI. We have seen that to be true. They do what they are 
told according to the law. Congress makes these laws, and we need to 
make sure that laws make sense and do not undermine the ability of 
those out there working every day to be successful in their work. So it 
has to be certified, and if an agent lies about that, he or she can 
lose his or her job, trust me.
  They also have to certify that it is a matter that endangers the 
national security. I think that is too high a burden, frankly. Maybe 
you do not have that much proof right now that it actually endangers 
national security, but it is a terrorist organization that you need to 
dig into and watch more closely. But we have to certify to that. That 
was part of what it took to get the bill passed, and we just have to 
live with that. It is something I am not happy with.
  Remember, the recipients of these national security letters are third 
parties who have records--the phone company, the bank, and those kinds 
of agencies. They can object. They said: Well, they can't object. Yes, 
they can object. They can file a motion to quash under this bill if 
there is any abusiveness there, and they can object to the secrecy 
requirement, and it then requires, if they object, the Attorney General 
of the United States or one designee of his--the Deputy Attorney 
General probably--to personally certify that this is a need in which 
the national security is implicated. That is what you can do.
  Let me just pause for a second. Nothing is more important in this act 
than the fact that we have a system by which our investigators, in 
terrorist cases, can obtain information from entities that have records 
relating to these terrorist organizations without those entities 
telling the terrorists we are investigating them. The last thing you 
want them to know is that you are onto them. That is so basic in law 
enforcement. I have been there. I have seen the investigations of drug 
organizations and things of that kind. You do not want them to know you 
are onto them. Once they know that, they will scatter like a covey of 
quail and not be around. They will regroup somewhere else to carry on 
their evil deeds. Now, you can do that today, but let me tell you the 
history of it.
  When I became an assistant U.S. attorney in the 1970s, if you 
subpoenaed bank records, you would ask the bank or their agents not to 
report it to the customer, and they would not do it. But in the years 
that have gone by, the banks have been sued, so they have gotten 
lawyers and feel they have an obligation to their customers. Almost all 
of them have a policy that if a customer's records are subpoenaed, they 
notify the customer. So that has been a change in policy, and it can be 
devastating. Sometimes, you desperately need some of those records, but 
you do not need to tip off the organization you are investigating them. 
Most of the time, these companies have no real objection, because this 
eliminates their legal responsibility that lawyers say they may have, 
and this allows them to reveal it. They are satisfied. You get the 
records, and they do not tell the terrorist that you are getting them. 
That is one of the most important things in this whole legislation.
  So, as I said, they can object. They can object to the fundamentals 
through a motion to quash a national security letter, and they can 
object to the secrecy requirement and require the Attorney General of 
the United States to certify that it is appropriate to be maintained 
secret.
  Further, the bill says the Department must issue an annual public 
report to the Nation on how many of these have been issued and under 
what category.
  Also, as part of the conference, we dropped legislation that made it 
a misdemeanor, with up to 1 year in jail, for a business to violate the 
court order and reveal the subpoena to the terrorist. I am amazed we 
did that. But people objected, and to make people happy, we removed the 
criminal misdemeanor penalty for somebody who tips off the terrorist 
that the Government has obtained information on them. I think that is 
terrible, but it is part of it, so it is one of the things I have to 
accept. If some of my colleagues have concern on the other side, they 
have to realize no bill is perfect, and we take what we can get.
  I see our Budget Committee chairman, Senator Gregg. I was prepared to 
talk about some of the issues relating to section 215. We can do that 
later at another time, and I would be pleased to yield to Chairman 
Gregg if he has some matters he wishes to discuss at this time.
  The PRESIDING OFFICER (Ms. Murkowski). The Senator from New 
Hampshire.
  Mr. GREGG. Madam President, I would actually like to get a 
clarification from the Senator from Alabama

[[Page 28193]]

because I know he is an expert on this issue, having been a U.S. 
attorney and having been one of the leading authorities on legal 
activity here in our country. Because earlier in the day the assistant 
leader from the Democratic side of the aisle came to the Senate floor 
and made an extensive statement about how abusive the present bill, 
which is being moved forward, is, and specifically toward libraries, 
and how, as he represented it, somebody's records could be subpoenaed 
from a library, basically carte blanche, and then the library would be 
gagged from disclosing that information.
  As I understood it, the bill, as it has worked its way through 
conference, has actually put in place stronger protections for 
libraries, and actually a terrorist gets more protection than, say, 
somebody who is in the Mafia; is that correct?
  Mr. SESSIONS. Madam President, I think the Senator is fundamentally 
correct. Sometimes investigators need to know which books have you 
checked out. I prosecuted an individual one time who was a doctor. They 
made a TV movie out of it. He had a book, a death dealer's manual in 
his possession and another one on deadly poisons. But when you are 
trying to prosecute a case, the fact is that this covers even book 
sales, for example.
  Any district attorney in America today can subpoena the book store 
and find out what you or I bought, if it is relevant to a criminal 
investigation. In this case, not only must it be relevant to any 
investigation, it must be relevant to a national security investigation 
in which the issuer of the subpoena must certify that it endangers the 
United States. It is a very rare occurrence. The only difference is 
that there is an automatic ability for the Government to request that 
it not be revealed to the person investigated on an immediate basis.
  These records are available today. The library association, in my 
view, has misunderstood the principle of law enforcement. Yes, you do 
not want people willy-nilly probing library records to see what people 
are reading. Of course, that is not legitimate. But when you certify it 
is a national security investigation, important to the safety of the 
United States, when you issue one of these subpoenas, I can't imagine 
anybody would object to that. It is certainly consistent with the 
generalized principle of subpoenaing records. I thank the Senator for 
raising that. I do believe this is out of sync with reality and the 
complaints are not justified.
  If we were to find out that people, agents were probing, going around 
the country willy-nilly inspecting people's reading habits, this 
Congress would react just like that, and we would pass laws to stop it. 
We would get people fired if they were doing those kinds of things. 
That is in violation of Department of Justice procedures and policies. 
Anybody caught doing that would be fired on the spot. That is 
absolutely improper. But when you are investigating a terrorist 
organization, this is a modest proposal that requires the Government to 
have a high standard of proof, to support how they have done it, and is 
otherwise constrained in a way that the Senate Judiciary Committee 
agreed to by unanimous vote of 18 to nothing.
  I would like a little later to talk about section 215 which requires 
a higher standard, and library records are part of that. With regard to 
library records in particular, along with medical records, you must 
present that to a Federal court, a FISA court, and get an approval in 
advance before you can get library records. It requires advance 
approval.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Madam President, I ask unanimous consent that 
notwithstanding the previous order, the first vote be on the Carper 
motion to instruct, followed by the Baucus motion, and then the Harkin 
motion.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa.


                      Motion to Instruct Conferees

  Mr. HARKIN. Madam President, on behalf of myself and Senator Smith of 
Oregon, I call up the motion at the desk to instruct conferees 
regarding cuts to Federal food assistance programs.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Harkin] (for himself and Mr. 
     Smith) moves that the managers on the part of the Senate at 
     the conference on the disagreeing votes of the two Houses on 
     the House amendment to the bill S. 1932 be instructed to 
     insist that any reconciliation conference report agreed to 
     jointly by the House and the Senate does not contain any cuts 
     to Federal food assistance programs, including the food stamp 
     program established under the Food Stamp Act of 1977 (7 
     U.S.C. 2011 et seq.), for the following reasons:
       (1) The Federal food stamp program is the first-line of 
     defense in the United States against hunger and food 
     insecurity, providing nutrition assistance for over 
     25,000,000 people in the United States.
       (2) 80 percent of benefits under the food stamp program, 
     over $23,000,000,000 in 2005, are provided to families with 
     children, making the program the most important form of 
     nutrition assistance for children in the United States.
       (3) Hunger and food insecurity in the United States are 
     rising, with a recent study by the Department of Agriculture 
     finding that--
       (A) 38,200,000 people in the United States live in 
     households that were food insecure in 2004;
       (B) the number of food insecure individuals increased by 
     nearly 2,000,000 between 2003 and 2004; and
       (C) since 2000, the number of individuals classified by 
     Department of Agriculture as food insecure rose by 7,000,000.
       (4) The food stamp program plays an important role during 
     natural disasters and has provided emergency food assistance 
     to approximately 2,200,000 individuals affected by Hurricanes 
     Katrina, Rita, and Wilma, allowing disaster victims to obtain 
     critical food within days.
       (5) The food stamp program operates efficiently and 
     effectively, with its error rate at an all-time low.
       (6) Reductions in funding for the food stamp program would 
     constitute cuts in or loss of benefits to currently eligible 
     individuals and families and would not come out of fraud, 
     waste, or abuse.

  Mr. HARKIN. Madam President, I understand that under the order, I 
have a couple minutes to speak about this.
  The PRESIDING OFFICER. The Senator has 1 minute.
  Mr. HARKIN. I was told I had 2 minutes and then 1 minute before the 
vote.
  The PRESIDING OFFICER. The order was 2 minutes evenly divided 
preceding the vote.
  Mr. HARKIN. I apologize. Then is there another minute before the 
vote?
  The PRESIDING OFFICER. No, there is not.
  Mr. HARKIN. Madam President, the Senate has considered cuts to food 
assistance programs this year on a bipartisan basis. It rejected such 
cuts. I commend my colleagues on both sides of the aisle, especially 
Chairman Chambliss for his leadership. This motion is simple. It 
instructs the Senate conferees to insist upon the underlying Senate 
position of no cuts to Federal food assistance.
  First, we are at a time when hunger and food insecurity in the United 
States is increasing rapidly. The number of Americans experiencing food 
insecurity has increased by approximately 7 million people. This is no 
time to cut the food stamp program.
  Secondly, with all of the emergencies this year with the hurricanes, 
we have been reminded again of how the food stamp program works in 
emergencies. There were 2.2 million individuals affected by these 
hurricanes who got critical food assistance within days.
  Finally, again, this has nothing to do with waste, fraud, and abuse. 
The error rate is at an all-time low in the food stamp program. We have 
worked on this for over 20 some years to bring it that low. It is 
working very effectively. The fact is, the House reconciliation bill 
does not go after fraud, waste, and abuse, but they cut 250,000 people 
off the food stamp program. That is the wrong way to go.
  I thank my colleagues for standing up for hungry families earlier 
this year. Especially at this Christmas season, let's stand up for them 
once again and say we are not going to take the food out of the 
children's mouths.
  I urge my colleagues to agree to the motion, and I ask for the yeas 
and nays.

[[Page 28194]]

  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays are ordered.


                      Motion to Instruct Conferees

  Mr. BAUCUS. Madam President, I call up a motion to instruct which is 
at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Baucus] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendment to 
     the bill S. 1932 be instructed to not report a conference 
     report that would impair access to, undermine eligibility 
     for, make unaffordable by increasing beneficiary cost-
     sharing, adversely affect Medicaid services, or in any way 
     undermine Medicaid's Federal guarantee of health insurance 
     coverage with respect to low-income children, pregnant women, 
     disabled individuals, elderly individuals, individuals with 
     chronic illnesses like HIV/AIDS, cancer, and diabetes, 
     individuals with mental illnesses, and other Medicaid 
     beneficiaries.

  Mr. BAUCUS. Madam President, I ask unanimous consent to speak for 2 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BAUCUS. Madam President, this motion instructs the Senate 
conferees on the spending reconciliation bill not to bring back a 
conference report that hurts Medicaid beneficiaries.
  Last month, the House passed a spending reconciliation bill that 
would increase health costs and cut benefits for millions of seniors 
and lower-income Americans who depend on Medicaid.
  According to the Congressional Budget Office, three-quarters of the 
Medicaid savings in the House bill came from the these cuts. The bill 
would increase costs for 17 million people, cut benefits for 5 million 
people, and force tens of thousands off of Medicaid.
  We know the damage that increasing health costs can cause. We have 
seen it happen. Oregon imposed just a nominal premium for some on 
Medicaid--from $6 to $20 a month. Within 10 months, nearly half of the 
people forced to pay had been dropped from coverage. Three-quarters of 
those who were dropped became uninsured.
  These changes impose a tax on our poorest citizens.
  And these changes also burden doctors, hospitals, and clinics that 
treat Medicaid patients. States will deduct the fees regardless of 
whether providers ever get paid. Healthcare providers will pass these 
uncompensated costs along through higher rates for all patients in the 
private market.
  Many poor people will pay more, but get less. The House bill allows 
States to cut Medicaid benefits. Although the bill would protect the 
poorest children, millions of children would no longer get the medical 
care that they need. People with disabilities and chronic conditions 
would also be at risk.
  Some say we need to look at Medicaid's rising costs, and I agree. We 
need to get a handle on spending and make this program sustainable. But 
shifting costs and cutting benefits for our poorest and least able to 
pay is not the smart way to do it.
  This motion instructs Senate conferees on the reconciliation bill to 
reject the House changes to Medicaid that would hurt Medicaid 
beneficiaries or undermine Medicaid's guarantee. The Senate must take a 
stand in support of the neediest among us.
  Let us ensure that we do no harm to the vulnerable people whom 
Medicaid serves.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Madam President, I ask unanimous consent to speak for 2 
minutes on the Baucus motion.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Madam President, there is general feeling that the Baucus 
proposal is--I don't use this in a pejorative sense--benign enough so 
that everybody can agree to it.
  But I do think it is important to understand, relative to the 
Medicaid issue, that Governors, in a bipartisan way, have come forward 
and put down some proposals that are really creative, where they feel 
they can dramatically expand coverage and significantly save money. 
Some of those do involve using copays of some sort relative to higher 
income individuals. Having been a Governor--and I know there are other 
former Governors in this Chamber--I think the flexibility the Governors 
want is reasonable.
  I hope we will come back from conference with language that will give 
Governors the flexibility necessary to allow them to do creative things 
in the Medicaid accounts which will save us money, save the States 
money, and end up with more coverage. That should be our game plan--
more people being covered. I think it is doable because a creative 
Governor who has energy and guts and staff people who are effective--
and most Governors do--can do a lot if they are given flexibility and 
the ability to move forward without being straitjacketed by Federal 
regulations. So that will be our goal in conference. I don't think it 
is inconsistent with what the Senator from Montana has proposed.
  Mr. BAUCUS. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. GREGG. Madam President, what is the regular order?
  The PRESIDING OFFICER. The Senator from Delaware is to be recognized.
  Mr. GREGG. I thank the Chair.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.


                      Motion to Instruct Conferees

  Mr. CARPER. Madam President, I ask unanimous consent to address the 
Senate for 2 minutes on a motion I have at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the motion.
  The legislative clerk read as follows:

       The Senator from Delaware [Mr. Carper] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendment to 
     the bill S. 1932 be instructed to insist that any conference 
     report shall not include the provisions in the House 
     amendment relating to the reauthorization of the Temporary 
     Assistance for Needy Families Program, including those which 
     would increase work hours for single mothers with young 
     children, impose new cuts on already inadequate child care 
     funding and other proven work supports such as child support, 
     restrict education and training, and reduce State 
     flexibility, and insist that Congress enact free standing 
     legislation that builds on the bipartisan Senate Committee on 
     Finance's reported version of the Personal Responsibility and 
     Individual Development for Everyone Act (the PRIDE Act, S. 
     667) to reauthorize the Nation's welfare-to-work laws.

  Mr. CARPER. Madam President, for the last 3 years that we have been 
in the Senate, I have been pushing my colleagues, Democrats and 
Republicans, and pushing the administration and my colleagues in the 
House of Representatives to reauthorize Temporary Assistance for Needy 
Families. We first authorized it in 1996. There was a 5- or 6-year 
authorization that had lapsed, and we need to renew it and establish a 
path forward for welfare programs in my State, your State, and all 
other States across this country.
  The Senate Finance Committee has approved unanimously, without 
dissent, legislation to reauthorize it for another 5 years. It is out 
of committee and ready to come to the floor. We should take it up, 
debate it, amend it, if we see fit, pass it, and go to conference with 
the House.
  The House passed their own reauthorization measure, which is 
imperfect in my view. I will mention a couple of problems I have with 
it. As the Governor of Delaware and lead Governor of the National 
Governors Association on welfare reform, it occurred to me that if you 
want people to get off welfare and go to work, they need help with 
taking care of their kids, and we needed to make sure they had decent 
health care for the children. If they don't have that, they are not 
going to be successful in going to work. The measure reported out of 
the Committee provided extra money for childcare support. It is needed.
  There is another problem. Under current law, if you are on welfare, 
you have to work 30 hours a week. However, if you have young kids under 
the age of

[[Page 28195]]

6, you can work as little as 20 hours a week, not 30 or 40 hours. The 
House measure says everybody has to work 40 hours a week if you are on 
welfare. That may sound good at the outset, but if you don't have money 
for childcare to help with the extra time people are going to be 
working, it is not going to work. Say somebody has a week-old or month-
old or year-old child. They are going to have to work 40 hours a week.
  I ask for support on the motion. Let the committee bring the bill 
forward and debate it and vote and go to conference.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. OBAMA. Madam President, I support Senator Carper's motion to 
instruct reconciliation conferees to reject the House TANF provisions. 
Assisting needy families is too important an issue for this Chamber to 
cede its legislative authority to the House of Representatives. The 
TANF Program affects millions of American children and families. It 
deserves a full and fair debate.
  The reconciliation process does not permit that debate. 
Reconciliation is not the place for policy changes.
  The right starting point for Senate debate is the PRIDE bill. PRIDE 
is not a perfect bill. But it is a reasonable bipartisan effort that 
addresses child-
care, transitional medical assistance, and certain educational 
opportunities.
  Mr. President, we should have a full debate on the PRIDE bill. We 
should consider what the evidence actually says about moving people 
from welfare to work, from dependence to independence, from poverty to 
prosperity. We should have a full debate about what is really required 
to provide all Americans with equal opportunity.
  Unfortunately, reconciliation does not permit that debate. Worse yet, 
the House provisions are based not on evidence and experience but on 
ideology.
  The cynical increase in the work hour requirement, for example, is a 
Federal mandate with no basis in the reality of what works to promote 
work and reduce poverty. The data shows that people meeting the current 
30-hour requirement work about 35 hours now. That is a bit more than 
the national average for ``full time'' work for all employees, whether 
they receive TANF or not. Indeed, among all mothers with children under 
the age of 6, only 43 percent work as much as 35 hours.
  People who don't meet the 30-hour TANF requirement now--for whatever 
reason--are not going to work more just because the requirement has 
been increased. What will happen is that Congress will punish the 
States and reduce State flexibility to do what works.
  In my own State of Illinois, we are committed to moving people off 
welfare and into work. And Illinois is not cynical about it. This isn't 
about pinching pennies but about providing opportunity.
  Illinois is serious about the need for work. Tens of thousands of 
families have worked their way off assistance. But we understand why 
people find themselves in need of assistance. We have adopted flexible 
rules to accommodate families where the wage earner was medically 
unable to work, where a spouse or child was disabled, where the worker 
was finishing up a training program.
  Illinois requires work but allows people to work part time while they 
take care of their obligations. And to get mothers out of their homes 
and into the workforce in a productive way, we have improved the child 
care subsidy system. We have invested in it.
  And you know what? People in Illinois have not lingered on TANF. If 
they could work their way off the program, they have done so.
  Unfortunately, the House TANF provisions which raise participation 
rates to 75 percent will make it harder for States to deal with family 
sickness, the realities of raising children, and natural disasters. To 
avoid penalties, States will have to find make-work activities even for 
TANF recipients who are working full time.
  Another problem is that raising work hours and participation rates 
will increase the need for childcare well beyond the funding provided 
in the House bill. Childcare funding makes work possible for many 
women. If we want people to work and be responsible parents, we have to 
worry about who will care for their kids. Under the House proposal, 
States will be forced to fund other activities that will leave them 
with less money for childcare. That makes no sense.
  The House TANF provisions make it harder for States to support 
working families. I urge my colleagues to reject those provisions in 
reconciliation, and I look forward to an honest debate about TANF and 
the PRIDE bill here on the Senate floor.
  I also rise today to speak in favor of the motion to instruct offered 
by Senator Kohl. This motion expresses the Senate's view that the 
Senate conferees should not accept the cuts to the child support 
program that have been proposed by the Committee on Ways and Means in 
the House of Representatives.
  The child support program is an effective and efficient way to 
enforce the responsibility of noncustodial parents to support their 
children. For every public dollar that is spent on collection, more 
than four dollars are collected to support children. That is a good 
return on our investment in families. Moreover, these families are then 
less likely to require public assistance and more likely to avoid or 
escape poverty. This is a program that works.
  The evidence is compelling. For example, in 2004, enforcement efforts 
helped collect almost $22 billion in child support. Our aggressive 
State and Federal efforts have translated into $1 billion in collected 
child support payments in Illinois alone this year. That means 386,000 
Illinois families will be better equipped to provide for their 
children.
  Preliminary budget estimates suggest the cuts proposed by the Ways 
and Means Committee will translate into $7.9 billion in lost 
collections within 5 years, increasing to a loss of over $24 billion 
within 10 years. This proposal is not even penny-wise, and it is 
certainly pound-foolish.
  Today, the State of Illinois reports a 32 percent child support 
collection rate. Let's not take a step backward in the progress that 
has been made by stripping the States of necessary Federal support. The 
welfare of too many is at stake.
  Child support is the second largest income source for qualifying low-
income families. We should not balance our budget on the backs of 
families that rely on child support to remain out of poverty.
  I urge my colleagues to support this motion as well. Thank you.
  The PRESIDING OFFICER. Who yields time?
  Mr. GREGG. Madam President, we yield back the remainder of our time.
  The PRESIDING OFFICER. All time having been yielded back, the 
question is on agreeing to the motion to instruct conferees offered by 
the Senator from Delaware.
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Georgia (Mr. Chambliss), the Senator from New Mexico (Mr. 
Domenici), the Senator from South Carolina (Mr. Graham), and the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from California (Mrs. Boxer), the Senator from Washington 
(Ms. Cantwell), the Senator from Connecticut (Mr. Dodd), and the 
Senator from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that if present and voting, the Senator from 
California (Mrs. Boxer) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 64, nays 27, as follows:

[[Page 28196]]



                      [Rollcall Vote No. 351 Leg.]

                                YEAS--64

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Bingaman
     Burns
     Byrd
     Carper
     Chafee
     Clinton
     Coleman
     Collins
     Conrad
     Corzine
     Dayton
     DeWine
     Dole
     Dorgan
     Durbin
     Feingold
     Feinstein
     Frist
     Grassley
     Harkin
     Hatch
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Thune
     Voinovich
     Warner
     Wyden

                                NAYS--27

     Allard
     Allen
     Bond
     Brownback
     Bunning
     Burr
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     DeMint
     Ensign
     Enzi
     Gregg
     Hagel
     Inhofe
     Isakson
     Lott
     Martinez
     McConnell
     Sessions
     Shelby
     Sununu
     Talent
     Thomas
     Vitter

                             NOT VOTING--9

     Biden
     Boxer
     Cantwell
     Chambliss
     Dodd
     Domenici
     Graham
     Lieberman
     McCain
  The motion was agreed to.
  Mr. GREGG. Madam President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. GREGG. Madam President, I ask unanimous consent that on the next 
two votes they be 10-minute votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Montana.
  Mr. BAUCUS. Madam President, what is the regular order?
  The PRESIDING OFFICER. There is now 2 minutes evenly divided prior to 
the vote on the Baucus motion.
  Mr. BAUCUS. Madam President, the Senate is not in order.
  The PRESIDING OFFICER. The Senate will be in order. The Senator from 
Montana.
  Mr. BAUCUS. Madam President, this motion instructs the Senate 
conferees on the pending reconciliation bill not to bring back a 
conference report that hurts Medicaid beneficiaries. In fact, these 
changes amount to a tax on our poorest citizens. They also burden 
doctors, hospitals, other providers who will pass on the costs to them. 
More poor people will pay more, but they will get less. It does not 
make sense. We are cutting Medicaid to take it out of the hide of the 
poorest people of our country, and that is Medicaid recipients.
  May I also say I am supported by a strong letter from a number of 
Senators on the other side of the aisle. This letter asks the same; 
that we do not adopt these harsh House Medicaid cuts. I ask unanimous 
consent it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, December 13, 2005.
     Hon. William H. Frist,
     Majority Leader, U.S. Senate,
     Washington, DC.
     Hon. Harry Reid,
     Minority Leader, U.S. Senate,
     Washington, DC.
       Dear Majority Leader Frist: Throughout the budget process 
     we have been concerned about the impact to America's lowest 
     income and most vulnerable from policies implemented to 
     secure budget savings. We were heartened by the Senate's 
     effort to protect these Americans by utilizing system 
     efficiencies and eliminating waste and abuse from the 
     Medicaid program. Unfortunately, the House of Representatives 
     did not take a similar path. Therefore, as the Senate begins 
     its work to reconcile the two budget reconciliation bills, we 
     urge you to hold firm in defending the Senate's policies 
     regarding Medicaid.
       Medicaid is a vitally important program that serves almost 
     54 million poor, disabled, chronically ill and elderly 
     Americans. It provides a range of benefits from screenings 
     and vaccinations for the young, to home health and long term 
     care for the elderly. Given the breadth and diversity of the 
     people it helps, Congress must remain committed to the 
     strength and viability of Medicaid.
       As indicated by the strong support from beneficiary groups, 
     advocates and providers, the Senate bill ensures that the 
     most vulnerable among us are not called upon to carry the 
     burden of balancing the budget. This was accomplished by 
     adhering to a few key principles. First, the Senate bill 
     limits the cuts to a total of $10 billion, the savings level 
     which the Finance Committee was instructed to achieve. The 
     bill utilizes both Medicare and Medicaid to reach the 
     required $10 billion in budget savings, and holds the net 
     level of Medicaid cuts to under $5 billion. Most importantly, 
     the Senate bill does not achieve any savings through policies 
     that would negatively impact beneficiaries. We strongly urge 
     you to continue to defend these principles and preserve the 
     Senate's policies on Medicaid in the final budget 
     reconciliation agreement.
       In particular, we are concerned with policies included in 
     the House bill that would impose new cost-sharing 
     requirements on beneficiaries, alter eligibility policies for 
     long term care that impact the middle-c1ass, and provide 
     unlimited flexibility to states to change benefits. These 
     proposals were debated within the Senate and soundly 
     rejected.
       We look forward to working with you on developing a 
     conference report that can garner wide support among Senators 
     and supporters of the Medicaid program.
           Sincerely,
     Gordon Smith.
     Norm Coleman.
     Arlen Specter.
     Lincoln Chafee.
     Susan Collins.
     Olympia Snowe.
     Mike DeWine.

  Mr. GREGG. Madam President, this will be a 10-minute vote, as well as 
the following vote, so I hope Senators will stay around to accomplish 
those votes promptly.
  Second, we intend in conference, should we be successful in going to 
conference under the leadership of Senator Grassley, to bring back a 
bill which will effectively address the issues of Medicaid, and we see 
the opportunity here to follow very closely, hopefully, the proposals 
of the Governors, which are bipartisan in nature.
  Mr. BAUCUS. The Senate is not in order.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. GREGG. I believe we hope to follow closely the proposals of the 
Governors, which are bipartisan in nature, and give the Governors the 
flexibility they need in order to accomplish significant Medicaid 
reform, which will mean extending Medicaid to more people but doing it 
in a more efficient way, which will save us more money. We actually 
don't see that this language impairs that effort, and we think we can 
report a very effective bill with or without this language.
  The PRESIDING OFFICER. The question is on agreeing to the motion. The 
yeas and nays have been previously ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Georgia (Mr. Chambliss), the Senator from New Mexico (Mr. 
Domenici), the Senator from South Carolina (Mr. Graham), and the 
Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from California (Mrs. Boxer), the Senator from Washington 
(Ms. Cantwell), the Senator from Connecticut (Mr. Dodd), and the 
Senator from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that if present and voting, the Senator from 
California (Mrs. Boxer) would vote ``yea.''
  The PRESIDING OFFICER (Mr. Thune). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 75, nays 16, as follows:

                      [Rollcall Vote No. 352 Leg.]

                                YEAS--75

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Brownback
     Burns
     Byrd
     Carper
     Chafee
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Dayton
     DeWine
     Dole
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Frist
     Grassley
     Gregg
     Harkin
     Hatch
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     Martinez
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens

[[Page 28197]]


     Talent
     Thomas
     Thune
     Vitter
     Warner
     Wyden

                                NAYS--16

     Allard
     Allen
     Bunning
     Burr
     Coburn
     Cornyn
     DeMint
     Ensign
     Hagel
     Inhofe
     Isakson
     Lott
     Sessions
     Shelby
     Sununu
     Voinovich

                             NOT VOTING--9

     Biden
     Boxer
     Cantwell
     Chambliss
     Dodd
     Domenici
     Graham
     Lieberman
     McCain
  The motion was agreed to.
  Mr. GREGG. I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. There are 2 minutes equally divided in 
relation to the motion by Senator Harkin to instruct conferees.
  The Senator from Iowa.
  Mr. HARKIN. Mr. President, we are now going to vote on a motion to 
instruct conferees. Stick with the Senate's position dealing with cuts 
in the Food Stamp Program. I know arguments have been made about waste, 
fraud, and abuse. What the House does does not cut waste, fraud, and 
abuse but cuts 200,000 people off the food stamp rolls. They are 
working poor. They work every day. They have children. This sends them 
back on welfare rolls.
  I point out there was a letter sent to Senator Chambliss on December 
8 from 15 Republican Senators saying, please stick with the Senate 
position. I compliment those Senators. I publicly thank Senator 
Chambliss for his great leadership both on the Agriculture Committee 
and in the full Senate on this issue.
  This is not the time to cut food stamps from people who are working 
and struggling with their children.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Mr. President, first, I also wish to compliment the 
Senator from Georgia, Mr. Chambliss, who brought to us reconciliation 
instructions out of his committee which did not cut food stamps. But I 
do think it would be a mistake for us to tie Senator Chambliss's or 
anybody's hands as they move forward in conference.
  The language which I have concern about in this proposal is the last 
paragraph. Everything up to the last paragraph is OK, but that last 
paragraph catches you because he says:

       Reductions in funding for the food stamp program would 
     constitute cuts in or loss of benefits to currently eligible 
     individuals and families and would not come out of fraud, 
     waste, or abuse.

  Well, it represents the fact that we cannot save any money from food 
stamps out of fraud, waste, and abuse. That is just wrong. There are 
ways to save money in food stamps by addressing fraud, waste, and 
abuse. There are a lot of ways. Anybody who has been exposed to the 
program knows that.
  I believe this instruction would be counterproductive to the 
flexibility that Senator Chambliss and others would like as they move 
forward in this conference, and I intend to vote no on it.
  Mr. President, I believe the yeas and nays have been ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion. The 
yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent. The 
Senator from Georgia (Mr. Chambliss), the Senator from South Carolina 
(Mr. Graham), and the Senator from Arizona (Mr. McCain).
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from California (Mrs. Boxer), the Senator from Washington 
(Ms. Cantwell), the Senator from Connecticut (Mr. Dodd) and the Senator 
from Connecticut (Mr. Lieberman) are necessarily absent.
  I further announce that if present and voting, the Senator from 
California (Mrs. Boxer) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 66, nays 26, as follows:

                      [Rollcall Vote No. 353 Leg.]

                                YEAS--66

     Akaka
     Baucus
     Bayh
     Bennett
     Bingaman
     Brownback
     Burns
     Burr
     Byrd
     Carper
     Chafee
     Clinton
     Coleman
     Collins
     Conrad
     Corzine
     Dayton
     DeWine
     Dole
     Dorgan
     Durbin
     Feingold
     Feinstein
     Frist
     Grassley
     Hagel
     Harkin
     Hatch
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lugar
     Martinez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Talent
     Thune
     Voinovich
     Warner
     Wyden

                                NAYS--26

     Alexander
     Allard
     Allen
     Bond
     Bunning
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     DeMint
     Domenici
     Ensign
     Enzi
     Gregg
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     McConnell
     Sessions
     Shelby
     Sununu
     Thomas
     Vitter

                             NOT VOTING--8

     Biden
     Boxer
     Cantwell
     Chambliss
     Dodd
     Graham
     Lieberman
     McCain
  The motion was agreed to.
  Mr. HAGEL. Mr. President, I move to reconsider the vote and to lay 
that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. HAGEL. Mr. President, I ask unanimous consent that when the 
Senate reconvenes at 2:15, the following Senators be recognized to 
speak as in morning business: Roberts, 30 minutes; Mikulski, 15 
minutes; Carper, 30 minutes; I further ask unanimous consent that if a 
Republican Senator seeks recognition between Senator Mikulski and 
Senator Carper, my request be so modified.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                 RECESS

  The PRESIDING OFFICER. Under the previous order, the Senate stands in 
recess until 2:15 p.m.
  Thereupon, at 1:09 p.m., the Senate recessed until 2:15 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. 
Izakson).
  The PRESIDING OFFICER. Pursuant to the previous order, the Senator 
from Kansas is recognized for 30 minutes.

                          ____________________




                              PATRIOT ACT

  Mr. ROBERTS. Mr. President, I rise today to support the conference 
report for the USA PATRIOT Improvement and Reauthorization Act of 2005. 
That is a long title. We are talking about the PATRIOT Act.
  I am pleased to report to my colleagues and to the President that the 
House just passed the PATRIOT Act with a very strong bipartisan vote. 
We need to do the same. I thank Chairman Specter for his hard work in 
getting this important legislation to the conference.
  This conference report is one of the most important that we will pass 
this year. We must do it prior to leaving because it contains a number 
of provisions that are absolutely vital to our national security. I say 
that from my perspective as chairman of the Senate Committee on 
Intelligence.
  Like the original PATRIOT Act, this legislation does contain a number 
of compromises that are not to my liking. But it is often said that the 
mark of a good compromise is that it leaves both sides unhappy. We have 
a great number, apparently, who are unhappy about this bill. I think we 
can safely say that no one is entirely happy with all of the provisions 
in the legislation. Simply put, this is not the best possible bill but 
the best bill possible under difficult circumstances. Again, it is 
absolutely needed on behalf of our national security.
  My primary concern as a conferee was to ensure that the intelligence 
community retains its ability to effectively use the important tools 
that are

[[Page 28198]]

provided by the PATRIOT Act, and I think we have accomplished that 
goal.
  This act reauthorizes all of the PATRIOT Act provisions that are 
scheduled to sunset at the end of this year. It does, however, impose a 
4-year sunset on the use of FISA court orders for business records and 
roving electronic surveillance and an additional sunset on the FISA--
what is called the lone wolf authority.
  Personally, I am opposed to these extended PATRIOT Act sunsets. I 
know Congress has conducted extensive oversight of these provisions. I 
know the Intelligence Committee and other committees have, and we have 
yet to find any evidence--I know this is not the perception we read 
about in the newspapers or that we hear on the electronic media, but we 
have yet to find any evidence of abuse or overreaching with respect to 
these or any other provisions of the PATRIOT Act.
  Moreover, this very legislation makes modifications to address the 
perceived problems with the FISA business records and roving wiretap 
provisions. I ask this simple question: If we fixed these provisions, 
why is there need for additional sunsets? It seems to me that Congress 
always retains the ability to amend the law that is enacted. We have a 
duty to conduct vigorous oversight with the use of these provisions. 
The Judiciary and Intelligence Committees certainly do that. We don't 
need and should not use sunsets to compel oversight of these important 
issues. That ought to be our reasonable obligation, and we do meet 
those obligations.
  Having said that, I want to highlight the modifications made to two 
investigative tools that have been widely mischaracterized, in my view, 
by critics and some in the media--FISA business record court orders and 
national security letters.
  With regard to the FISA business record court orders, one of the most 
contentious issues during this conference was whether a relevance-plus 
standard should be added to the FISA business record provisions. 
Critics argued this tool could be used for fishing expeditions. Our 
oversight did reveal that this was not the case, but we agreed that 
relevance was the proper standard for obtaining a business record court 
order.
  Some are not satisfied with this approach and demand that we include 
not only a relevance standard but a requirement to specify facts that 
would tie the requested records to a foreign power or to an agent of a 
foreign power, a so-called relevance-plus standard. The problem with 
this is very easy to understand. It is a standard not used on any other 
subpoena, certainly not requiring the prior approval by a judge like 
these FISA orders. The standard would also leave gaps in the FBI's 
ability to use what is in reality a nonintrusive investigative tool. 
Under relevance-plus, by then the FBI would have lost the use of 
section 215 in important circumstances.
  Ultimately, the conferees reached a compromise to address the misper-
ceptions about section 215. Under the conference report, the standard 
remains relevance to an authorized investigation. Let me say that 
again. The standard remains simple relevance to an authorized 
investigation. There is no increased burden of proof. The standard 
remains the same as every other subpoena that Congress has ever 
enacted.
  If the FBI seeks records that are relevant to any authorized, full 
investigation or a preliminary investigation, it should be able to 
obtain those records. Under this conference report, it still can. But 
to address the allegations that the scope of lawful national security 
investigations is too broad, the conferees included language that does 
provide for a presumption of relevance if the FBI does provide a 
statement of facts explaining the link between the requested records 
and one of three statutory categories. Thus, the compromise language 
encourages the FBI to seek the protection of presumptive relevance by 
including a link to one of the three statutory categories in its 
application, but it also maintains the use of investigative technique 
in those limited circumstances that fall outside the three categories.
  The conferees also placed additional restrictions on section 215 
orders. Under the conference agreement, the records obtained with a 
FISA business record court order must be screened through minimization 
procedures adopted by the Attorney General. These procedures are not 
required for any other subpoena, grand jury, court order, 
administrative, or otherwise. In my opinion, minimization procedures 
should not be required for this low-level investigative activity, 
especially in light of the requirement for prior judicial approval of 
an order.
  These procedures unfortunately were part of the price we paid to get 
this legislation passed--a price that I did reluctantly accept to 
preserve this investigative tool. I urged the Attorney General when 
this bill was passed to adopt flexible minimization procedures.
  These procedures must maintain the ability of the intelligence 
community to analyze the important foreign intelligence information now 
obtained by FISA business record orders. That information must be made 
available over an extended period of time so that the intelligence 
community will not lose its ability to connect the so-called dots. One 
current phone number that would be connected to one 2-year-old credit 
card record that would be connected to one 10-year-old hotel receipt 
might be the information necessary to stop an attack. We should never 
forget that, especially in the age in which we live.
  Severe retention or any rules of dissemination for these third-party 
business records will limit the FBI's ability to prevent attacks, and 
that is the standard we have demanded post-9/11. I can assure you that 
the Intelligence Committee will examine these procedures with great 
interest once they are issued.
  Next, with regard to national security letters--and the acronym for 
that is NSL--this conference report makes three important 
modifications.
  First, it will provide for express enforcement of national security 
letters by creating criminal penalties for noncompliance with the 
request.
  Second, this bill clarifies the process by which the recipients of a 
national security letter may seek judicial review of requests that are 
either unreasonable, oppressive, or otherwise unlawful.
  Third, this legislation does replace the current blanket 
nondisclosure rule with a process that requires a special certification 
by a high-level official to invoke the protection of the nondisclosure 
provision. If the official is sufficiently high level, the 
certification that the disclosure would endanger national security or 
interfere with foreign relations will not be overturned by a court 
without a showing of bad faith.
  Some have questioned the need for nondisclosure provisions on these 
national security letters or complained that they can be invoked or 
defended much too easily. I have an opposite concern. I am concerned 
that the disclosure of the fact that the FBI has sought business 
records might hinder the investigation of a terrorist network or an 
espionage ring. Nondisclosure requirements on these national security 
letters are absolutely necessary for the protection of our national 
security. We must all keep in mind that these so-called NSLs are issued 
in the context of classified investigations of terrorists and spies.
  Make no mistake, the national security letter that requests 
information in support of a classified investigation should also be 
classified. But because many phone companies, Internet service 
providers, financial institutions, or credit card companies don't have 
the facilities to handle classified information, these national 
security letters are submitted in unclassified form. The FBI relies on 
the nondisclosure provisions in the NSL statute to prevent the 
disclosure of classified investigations of terrorists and spies. 
Without the protection of a nondisclosure provision, the FBI would have 
to choose between not using a national security letter or taking the 
risk that its investigation will be disclosed to the spy or terrorist 
under investigation. We can't afford either option.

[[Page 28199]]

  If a terrorist becomes aware of an FBI investigation that was 
directed at him based on the fact that a national security letter has 
been issued, he obviously can take actions to protect other members of 
his cell, ensure that the terrorist network does proceed with other 
planned attacks, or, in the worst-case scenario, speed up the time line 
of a planned attack.
  We also cannot afford for the FBI to walk away from valuable 
intelligence information from fear the disclosure of a national 
security letter might undermine an ongoing investigation. These NSLs do 
provide access to limited categories of third-party business records 
that form the building blocks of national security investigations. They 
allow the FBI to identify the activities of a terrorist or spy and 
others who associate with them.
  The conference report maintains the protections of the NSL 
nondisclosure provision. It does modify the nondisclosure provision so 
it is no longer automatic; it must be invoked. It provides the 
recipients with the avenue to challenge the nondisclosure not once, but 
every single year. Subsequent challenges also require the Government to 
reexamine the need for secrecy.
  With these modifications, it seems to me the conference report 
strikes the balance needed on this issue. First, we protect the very 
legitimate rights of the recipients and ensure the sensitive 
investigations of terrorist and spies certainly are not compromised.
  So as my colleagues can see, the protections that are provided in the 
conference report for privacy and civil liberties are extensive. In 
fact, I think the modifications to the FISA business record orders and 
the national security letters should address all concerns raised about 
these tools. I hope my colleagues who have concerns about this know 
what is in this bill as opposed to what the perception is.
  The conferees did not stop there. In addition to the modifications I 
have mentioned, the conference report includes the provisions enhancing 
existing oversight of these tools. For example, the bill requires the 
Department of Justice Inspector General to conduct extensive audits of 
both the use by the FBI of the national security letters and FISA 
business record orders. The bill also expands public reporting on these 
investigative tools.
  I cannot help but note at this point that many of the protections for 
privacy and civil liberties incorporated in this bill were derived from 
the protections that the intelligence committee would have applied to 
the national security administrative subpoena that we reported in June 
in our bill. This conference report has essentially taken all of the 
protections that were contained in the national security administrative 
subpoena provision, but it has failed to provide the FBI with the same 
ability to access records that now exist in 335 other contexts.
  Far too often we legislate to the possible rogue FBI agent, one-tenth 
of 1 percent who might go beyond the law. When we take this step, we 
deprive the other 99.9 percent of FBI agents of a lawful investigative 
tool, and then if something is missed or we have an attack, why, of 
course, we blame the FBI. Our oversight reveals no abuses. Yet we 
deprive our national security investigators of these constitutional 
tools.
  I challenge opponents of national security administrative subpoenas 
to provide one good reason the FBI should not have the authority. I 
have listened to their arguments. I still have not heard one good 
reason. Four years removed from 9/11, it is far too easy to put 
restrictions on the intelligence community that are not necessary or 
appropriate. It seems to me we must continue to ensure that we provide 
lawful access to data with appropriate precautions. We must tear down 
the remaining walls that prevent access to lawfully collected 
intelligence information. One of the top priority goals of the 
intelligence committee is information access. That is the one thing 
that seems to me that we must reach out and accomplish, and obviously 
passing this act and not rebuilding walls to make this problem worse is 
a top goal.
  When we needlessly restrict intelligence investigations, we increase 
the possibility that the next attack will succeed. I will oppose such 
restrictions and will continue to fight for new authorities for the 
intelligence community. I believe the national security administrative 
subpoena is an appropriate tool that would increase our security 
without sacrificing our civil liberties. I will continue to ask a 
simple question: Why are we withholding administrative subpoenas from 
those who investigate spies and terrorists when they are being used 
every day by those who investigate health care fraud, drug violations, 
and other similar matters.
  As I have asked many times before, why can the Attorney General use 
an administrative subpoena to stop a dirty doctor or a dirty drug 
dealer but not a dirty bomber? That does not make sense. This is a tool 
that the President, the Attorney General, and the Director of the FBI 
have all asked Congress to provide in regard to our national security 
investigators. Once again, Congress has denied them.
  Before concluding, I want to highlight one more important 
intelligence-related provision in this bill: section 506. That is the 
section that will establish a national security division within the 
Department of Justice that is consistent with the recommendations of 
the executive WMD Commission. The national security division will be 
headed by the Assistant Attorney General for National Security who will 
be appointed by the President, with the advice and consent of the 
Senate.
  This process, in regard to confirmation, will be subject to the 
shared jurisdiction of the Senate Judiciary Committee and our 
Intelligence Committee.
  The provision also requires the Attorney General to consult with the 
Director of National Intelligence before recommending a nominee to the 
President. I believe the creation of the national security division 
will help prevent the rebuilding of these walls that I keep talking 
about that once hindered access to foreign intelligence information. 
This new national security division will help ensure that law 
enforcement and intelligence are indistinguishable partners in the 
protection of our national security.
  Finally, I strongly oppose passing a short-term continuing 
resolution, as some have suggested, to reauthorize existing 
authorities. The conferees have already worked extremely hard to 
reauthorize the existing authorities. I do not believe that any 
additional time or negotiations will close the gap between the 
opponents and the supporters in regard to this act.
  In fact, on the one issue that prevented some conferees from across 
the aisle from signing onto the conference report, the so-called bad-
faith certification provision, this conference report is actually more 
protective of national security letter recipients than the version 
previously passed by the Senate.
  I hope the folks who are upset about this know that is in this bill 
and that this is actually more protective. As convinced as I am that an 
additional 3 months will not close the gap between opponents and 
supporters, for those who want a continuing resolution, I am equally 
convinced that further negotiations will only result in additional 
concessions that will make the PATRIOT Act tools virtually useless.
  I remind my colleagues again that 4 years of oversight of the use of 
the authorities that are provided by the PATRIOT Act have not revealed 
one single substantiated--let me emphasize that, substantiated--
allegation of abuse. Yet despite this fact the conference report before 
us today contains numerous additional checks on the use of the PATRIOT 
Act tools.
  The arguments for these additional checks and restrictions are not 
based on any factual allegations of abuse but, rather, on 
unsubstantiated allegations, hypotheticals, innuendo, and perception. I 
understand the concern, but facts are stubborn things, and there has 
been no abuse. Nonetheless, this conference report will place more 
burdens on national security investigators using these constitutional 
tools to defeat terrorists and spies. Further compromise will only 
serve to negotiate away these very crucial tools. I urge my colleagues 
to base their position on this important legislation on facts.

[[Page 28200]]

Facts are stubborn things, as I said before: The fact that terrorists 
continue to seek to kill Americans, the fact that they continue to plot 
attacks against us, the fact that they are determined to continue their 
war against us, the fact that this conference report does provide 
significant increased protections for privacy and civil liberties, and 
the fact that our national security investigators have not abused 
authorities that are provided under the original act.
  We have had plenty of time to oversee the use of authorities that are 
provided by the PATRIOT Act and plenty of time to separate fact from 
fiction or the wheat from the chaff.
  I am deeply committed to the men and women of the intelligence 
community. The USA PATRIOT Act has provided them with important tools 
to keep us safe. We should continue to do that. I will vote for cloture 
if necessary--I hope it is not necessary--and in favor of this 
conference report. I, again, am very glad that the House has passed the 
reauthorization of the PATRIOT Act by a large bipartisan vote because 
this allows the intelligence community to retain these important 
PATRIOT Act tools and keep America safe. I urge my colleagues to do the 
same.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time?
  Mr. ROBERTS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, the Senator from Maryland is recognized for 
15 minutes.
  Ms. MIKULSKI. Thank you, Mr. President.
  (The remarks of Ms. Mikulski pertaining to the introduction of S. 
2097 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Ms. MIKULSKI. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Ms. Murkowski). The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CARPER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Martinez). Without objection, it is so 
ordered.
  Under the previous order, the Senator from Delaware is recognized for 
30 minutes.


                                  IRAQ

  Mr. CARPER. Mr. President, 10 days ago, I returned home from a 
bipartisan, bicameral congressional factfinding mission that took a 
number of Members, including Senator Chuck Hagel of Nebraska, myself, 
and Congresswoman Ellen Tauscher from California, to a number of Middle 
Eastern countries. There we met with, among others, the leaders of 
Israel, the Palestinian Authority, Jordan, Saudi Arabia, and Iraq, as 
well as with our own civilian and military leaders. For me, our visit 
was informative, highly informative, even illuminating, and provided me 
with a number of insights that I wish to share today with my colleagues 
and with the American people.
  For the past several months, Americans have become increasingly 
skeptical about our ongoing military presence in Iraq, leading to a 
fierce debate on how to succeed in Iraq and when to begin to redeploy 
American troops. With so much discord at home, I was surprised and, 
frankly, heartened to learn during our mission that there is a growing 
consensus among both U.S. and Iraqi civilian and military officials on 
a reasonable path forward that I believe many Americans can embrace.
  As our President acknowledged somewhat belatedly today, a number of 
grievous mistakes were made during his administration following the 
ouster of Saddam Hussein--for example, literally telling the Iraqi army 
to go home, you are disbanded, not needed anymore. Having said that, 
there is a whole lot at stake, too much at stake, for us to just cut 
and run. But somewhere between withdrawing all U.S. forces within 6 
months and staying the course is a commonsense policy and a path 
forward for the United States, for Iraq, and for its Arab neighbors.
  I believe tomorrow's parliamentary elections and the likely emergence 
of a coalition government in Iraq gives us a great opportunity, not so 
much to stay the course but to begin to alter it. This altered course 
would provide for a moderate but significant redeployment of U.S. 
troops from Iraq beginning early next year. It could start with our 
National Guard men and women, might start with our Reserve Forces. We 
might bring some of them home. Some of them we may wish to deploy to a 
place such as Afghanistan where they probably would be needed.
  Redeployment or drawdown is, maybe, a good beginning, but by no means 
does it end there. We must also redouble our effort to enlist the full 
cooperation of the Arab League and others to stabilize Iraq politically 
and economically as we continue to help Iraq militarily and their 
police force shoulder more of the burden in providing security in their 
country.
  On the sensitive issue of withdrawing U.S. troops, I believe if we 
were to withdraw all of our military forces within the next 6 or even 
12 months, we would leave that country in danger of a civil war, and 
America and Iraq's neighbors would be less safe, not more safe, than 
they were before we invaded Iraq. The truth is, though, a modest 
American force may well be needed in Iraq for some time. While it will 
not be close to the 160,000 or so troops we have there now, America 
will likely maintain some kind of military presence in Iraq, if the 
Iraqis want us to, just as we currently do in Afghanistan and Kosovo 
and several other places around the world.
  The President's open-ended statements, however well intentioned, 
about staying the course cause many Iraqis to question our Nation's 
true intentions. More and more, Iraqis view our troops as occupiers, 
not liberators. To a lot of them, the President's rhetoric is code for 
``We are here for your oil, and we are going to stay until we get it.'' 
That is an interpretation that fuels the very insurgency we are trying 
to defeat.
  That is why it makes sense to me to announce as early as January that 
we plan to redeploy a significant number of American troops from Iraq 
in 2006 and then begin to do so shortly thereafter. Taking this step 
will help make clearer to most Iraqis our desire ultimately to leave 
Iraq and its natural resources where they belong--in the hands of 
Iraqis.
  These views are not mine alone. They reflect the views of Iraq's 
civilian and military leaders as well as those of top American 
officials on the ground. We should listen to them. In the words of one 
of our top American military commanders, he said, pointing toward the 
door of the room in which we were meeting, it is time for us to begin 
moving toward the door. And I believe he is right. Otherwise, I fear 
our troops, who continue to perform courageously under incredibly 
difficult circum-
stances, will remain targets of opportunity for months or even years to 
come.
  Although much of the debate in America has focused on withdrawing 
troops, if all we do by the end of next year is reduce our troop 
levels, we will not set Iraqis up for success; we will set them up for 
failure. There is also a political war to win, and it is not going to 
be easy. I believe America's Ambassador to Iraq, the gifted Zal 
Khalilzad, has done a remarkable job this year in narrowing the 
differences among competing factions in Iraq. Now it looks like 
tomorrow's turnout for the parliamentary elections will be strong, even 
among minority Sunnis, and result in the need to form a coalition 
government.
  In fact, when we were there, we heard that the Sunnis--of which only 
3 percent of them voted a year ago when they formed their interim 
government, and barely a third of them voted 2 or 3 months ago when 
they voted on their constitution--I understand now that over half the 
Sunnis are going to vote

[[Page 28201]]

tomorrow. They will elect anywhere from 50 to 55 to maybe 60 members of 
this new parliament. The Kurds are expected to elect a similar number, 
and the Shiites will elect maybe 100, 110. There is not enough among 
any of them to have a majority. That outcome will create a need, and 
that is a need to form a coalition government.
  The real challenge will come, though, after the vote, as Iraqis 
confront at least two enormous tasks. One is setting up a functioning 
government, and the second is rewriting or amending the constitution 
they just adopted a couple months ago, while at the same time trying to 
subdue an armed insurgency.
  America must do all we can to make sure that the Iraqis' experiment 
with democracy does not founder, even if this experiment results in 
something less than a Jeffersonian democracy. But to succeed and become 
a new and prosperous country, Iraq will need more than just our help. 
European countries and other nations, including democratic nations, can 
do their part by helping Iraq set up government ministries and agencies 
designed to oversee everything from defense and finance to human 
services and environmental protection.
  In fact, I strongly support a proposal that would call for individual 
countries to adopt a new ministry in Iraq and help them to develop and 
implement and execute sound policies. For example, Nation A might adopt 
a finance ministry, Nation B might adopt a foreign ministry, Nation C 
might adopt the petroleum industry, Nation D might adopt the 
transportation industry, and on and on and on. It should not be just 
us; it should be a whole lot of countries joining with us in this 
effort.
  Arab countries that have been extremely critical of the war and of 
America's occupation must realize they have a dog in this fight, too. 
On that point, I am more optimistic than I was before my trip. As Saudi 
King Abdullah told us a week or so ago--these are his words--``In Iraq, 
what's done is done.'' That is coming from a monarch, a King, who, 
frankly, did not appreciate, nor did his people much appreciate, our 
invading Iraq and taking down the regime of Saddam Hussein. But his 
words: ``In Iraq, what's done is done.'' And from that, I infer he 
means it is time to turn a page. It is time for them and other Arab 
nations in that region to get off the bench and get into the game. And 
they sure need to.
  To that end, I sense that many of Iraq's neighbors, including Saudi 
Arabia, the United Arab Emirates, Kuwait, and Qatar, realize it is in 
their interest to make sure that Iraq does not erupt into civil war, a 
civil war that could become a regional war or turn Iraq into a haven 
for terrorism. Those nations could help ensure a better outcome in Iraq 
by, among other things, forgiving the Iraqi debt they hold while also 
working to improve political relations within Iraq. The United States, 
perhaps through the Arab League, should exert considerable influence in 
the region to make sure this happens.
  Another area in which the United States and other nations can be 
helpful is to assist Iraq in formulating and implementing, next year, 
an economic recovery and growth strategy. Iraq, as we all know, is 
blessed with enormous oil and gas revenues. Yet it is almost beyond 
belief that today, some 30 months after the U.S. invasion of Iraq and 
the lifting of the oil embargo in Iraq, oil production in that country 
is really no higher today than it was on the day of our invasion. In 
fact, we were told on our visit that oil production today continues to 
hover at barely one-third of Iraq's capacity of some 5 million barrels 
of oil per day. But, roughly, that leaves 3 million barrels of oil a 
day untapped in the ground, even though there is the capacity to draw 
it out and to refine it and to sell it. At $50 per barrel and 3 million 
barrels per day, that means that Iraq is leaving approximately $150 
million per day on the table in unrealized revenues. That is about $1 
billion a week. For $1 billion a week, you could hire several armies to 
protect the generating capacity, the oil production capacity in that 
country.
  That kind of revenue also would allow the Iraqis to have some money 
left over to meet a number of their needs. And they have plenty of 
needs to meet. That is money that could be used to lower the 25-percent 
unemployment rate among young Iraqis, along with the unemployment rate 
among adults in that country. How? By putting them to work on a host of 
worthy projects around the country--schools, health centers, roads and 
transit projects, housing, wastewater treatment, electricity 
generation, telecommunications infrastructure, and the list goes on.
  Speaking of economic development, Saudi Arabia continues to increase 
its oil revenues by more fully integrating their oil and gas business 
to include surveying, exploration, drilling, recovery, refining, and 
transportation, as well as providing feedstocks to a growing 
petrochemical industry. There is no reason why Iraq could not also do 
the same over time.
  But unlike a number of other Arab nations, Iraq's economy does not 
have to be what I call a one-trick pony. Iraq is blessed with an 
adequate water supply and plenty of fertile land. Crops, produce, and 
fruits raised on that land can feed all of Iraq and much of that 
region. We can help the Iraqis figure out how to realize their 
potential, and we ought to do it.
  Iraq is also blessed with a well-educated workforce, many of whom 
would like to be entrepreneurs in their country as they move away from 
a command-and-control economy to more of a free enterprise system. I am 
told that last year some 30,000 Iraqis applied for business licenses to 
start their own businesses. A lot of them could have used an infusion 
of capital to get started, too. They did not need $50,000 or $100,000, 
either. In a number of instances, as little as a couple of hundred 
dollars is all they might have needed.
  One of the missing ingredients in Iraq in terms of an economic 
recovery is a banking system that can make and service loans, including 
loans to small businesses, which generate a lot of the jobs. In 
America, we know banking. So do some other nations. We need, 
collectively, to do more to help Iraqis establish a banking system to 
fuel, among other things, the growth of small businesses--the engine 
for job creation.
  On a positive note, USAID has begun operating in Iraq trying to 
develop those micro-loan programs that they are putting in place in 
other nations around the world where maybe $100 or $200 or $300 is 
extended in a loan to a small businessperson. That is a good program. 
It is just beginning, but it is one we ought to kick into high gear 
there.
  The idea of Iraq as a tourist mecca was not the first thing that came 
to mind as we headed for that part of the world. Having said that, Iraq 
is the home of several of the holiest shrines in the Muslim world, and, 
lest we forget, it was also the cradle of civilization. Muslims come 
from all over the world already to visit a number of those holy shrines 
in Iraq. Given the chance, I believe a lot more of them would come to 
visit some of those holy places, other holy places, in Iraq if there 
were airports to serve them, along with restaurants and hotels, bus 
service, auto rental agencies, and the like.
  Next, let me add a word or two about Iran, a largely Shiite nation 
that borders Iraq, as we know. Iraq's Shiite population lives primarily 
in the southern part of Iraq. Hundreds of thousands of people have 
crossed over the border from Iran into Iraq over the past year or two. 
Tens of millions of dollars have followed them into Iraq. Many in the 
region fear, understandably, that Iran is attempting to expand its 
influence through southern Iraq all the way to its border with Saudi 
Arabia. Others fear a balkanized Iraq divided into three parts, and 
maybe eventually three countries, will evolve, and those fears are 
understandable.
  Last week, in an unprecedented move, Iran's supreme religious leader, 
the real boss in that country--not the President, the real boss in that 
country--sent a personal emissary to Saudi Arabia to meet with its 
King, King Abdullah, apparently to begin a dialog. That was 2 weeks 
ago. I said 1 week. It was 2 weeks ago.

[[Page 28202]]

  Recently, Iran has also sent word to U.S. officials in Iraq, through 
the U.N., through Shiite persons in Iraq, that the Iranians would also 
like to send, I believe, their national security adviser to meet in 
Iraq with our representatives there. I am told that our administration, 
apparently, is not prepared to give the green light for those talks, 
arguing that any talks should involve much lower level Iranian 
representation.
  The words of another Arab leader we spoke to on this subject are 
instructional. That Arab leader said to us during our stay--he was 
talking about the U.S. unwillingness to join multilateral talks over 
Iran's nuclear policy but this monarch said to us:

       Ignoring someone doesn't mean they cease to exist.

  Think about those words: ``Ignoring someone does not mean that they 
cease to exist.'' I would encourage our own administration to give 
American officials in Iraq the green light and find out what is on the 
Iranians' minds. It is hard to imagine much damage coming out of such a 
conversation, and there may be some upside to it. Time will tell.
  If we are willing to engage in multilateral discussions with some of 
those wild and crazy North Koreans, I don't know that there is a lot of 
danger in sitting down and being involved in direct or multilateral 
relations with Iranians, all the while making clear that their 
possession of nuclear weapons is not acceptable to us and the views 
they have toward Israel and pushing Israel into the sea is anathema to 
us and something we would never countenance.
  Let me conclude on the Middle East by sharing with my colleagues an 
old Navy story. Long before I came here, I served as a naval flight 
officer during the Vietnam War in Southeast Asia and later on as a 
Reserve naval flight officer and mission commander of a Navy P-3 
airplane, a four-engine airplane. Our Presiding Officer may have seen 
the Navy P-3s land at Jacksonville, FL, any number of times in our job 
to hunt for Red October and patrol the oceans of the world.
  Every now and then, we would have to change an engine in one of our 
planes. They break. You land the plane. You pull into the hangar and 
pull off the engine and put another one on. It takes a day or two, and 
you have to test it before you go up in the air again. In the Navy, if 
you had a really hard job to do, we would liken it to changing an 
aircraft engine in one of our planes. But a really tough job is one 
that we had to do by changing the engine of the airplane while the 
airplane was in flight. When you are doing that, that was a tough job.
  What the Iraqis face in the coming weeks and months is the political, 
economic, and military equivalent of changing the aircraft engine while 
the aircraft is in flight. Tomorrow, they are going to hold elections. 
The good news is that for 275 parliamentary seats, some 6,500 
candidates have filed and are running. That is an astounding number. 
When the smoke clears literally and figuratively later in the week, 
they will have to figure out who won and who of those 6,500 lost. They 
will have to seat a parliament. Then they will have to start putting 
together a coalition government, not unlike what the Israelis do from 
time to time. Nobody is going to have a majority. The Shiites may have 
100 or 120. But they will need other forces. Or maybe some of the rest 
of the people who are there, the Kurds or the Sunnis and others, can 
create a majority coalition on their own.
  They will have to figure out who is going to be the prime minister or 
deputy prime ministers. They have to figure out who is going to be the 
minister of finance, of foreign affairs, of transportation, of housing, 
the environment, petroleum, on and on. They have to put the right 
people in the leadership roles of those agencies and have good people 
up or down the line in those agencies so they can formulate, implement, 
and execute policy.
  While they are doing all of that, they will have to rewrite their 
constitution, or at least part of it. To make matters more challenging, 
they have to do it all while in the face of an armed insurgency. I 
suggest to my colleagues, doing any of those things in and of itself--
going through the elections tomorrow, electing a parliament, standing 
up a government, putting the right people in place to lead those 
ministries, rewriting the constitution--any one of them by itself is a 
hard thing to do. Doing them all almost simultaneously during the 
course of an armed insurgency, achieving that would be like the triumph 
of man's hope over experience.
  I returned from Iraq more hopeful than when I left. I acknowledge 
that a lot of hard work lies ahead for us and, hopefully, for a new 
coalition of the willing in the Middle East. While there are no easy 
choices or solutions, I acknowledge that. I think we know that. But if 
we do begin to alter course, as I have outlined earlier, I believe we 
increase the likelihood that America, Iraq, and its neighbors will 
arrive at the destination we all seek.


               Sergeant First Class James ``Shawn'' Moudy

  Mr. CARPER. Mr. President, I rise to talk about a young man who lost 
his life last Sunday in Iraq. He is an Army sergeant first class who 
grew up in Delaware, a graduate of Tatnall High School. His name is 
James ``Shawn'' Moudy. He is the ninth soldier from Delaware to have 
died in Iraq.
  Shawn epitomized the best of our country's brave men and women who 
fought to free Iraq and to secure a new democracy in the Middle East. 
Shawn exhibited unwavering courage, dutiful service to his country and, 
above all else, honor. The way he lived his life and how we remember 
him, Shawn reminds each of us how good we can be.
  Shawn was born in Wilmington, DE, on July 14, 1968, to James and 
Thelma Moudy who now reside in Newark, DE. Shawn attended the 
Independence School and graduated from Tatnall School in 1986, where he 
enjoyed playing football and lacrosse. Shawn then attended 1 year at 
Marion Military Institute in Marion, AL.
  After earning a nomination to the Coast Guard Academy, Shawn decided 
instead to enlist in the Army. For almost two decades, Shawn traveled 
the world on tours of duty in Korea, Germany, Bosnia, and later at Ft. 
Benning, GA. It was in Korea that he met his wife Myong Sun, and today 
they have a daughter, Sandra Rebecca. She is 13 years old.
  In September 2004, Shawn was transferred to Ft. Drum in Watertown, 
NY, where his family resides today. He was deployed to Iraq in August 
2005, a few months ago. Shawn's mission was to train Iraqi troops, and 
he joined in the security patrols there. Shawn was a member of the 71st 
Cavalry Regiment of the 10th Mountain Division. He always knew he 
wanted to be a soldier. He had several uncles who served in the 
military. As a child, his mom and dad told me, he always drew pictures 
of soldiers. According to his mom, with whom I was privileged to speak 
the night before last, Shawn believed that ``the world needs to be safe 
and protected and free. That's what his whole life was dedicated to.'' 
Those are her words and his.
  Shawn's parents take comfort in knowing their son was doing what he 
believed was right. Their son was resolute in his belief that the 
United States should not leave Iraq until a free society has been 
established. He died Sunday in western Baghdad when the humvee he was 
driving struck another one of those roadside bombs we hear so much 
about.
  I rise today on behalf of Senator Biden and our whole congressional 
delegation and the people of Delaware to celebrate his life, to 
commemorate his life, and to offer his mom and dad and family our 
support and our deepest sympathy on their tragic loss and on ours.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CARPER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 28203]]




                           Order of Procedure

  Mr. CARPER. Mr. President, on behalf of our leadership, I ask 
unanimous consent that the following Senators be recognized to speak as 
in morning business:
  Senator Clinton for 1 hour, followed by Senator Collins for a time to 
be determined; Senator Kennedy for 30 minutes to make a motion to 
instruct; Senator Landrieu for 20 minutes.
  I further ask unanimous consent that Republican Senators be 
accommodated, if seeking recognition, in between two Democratic 
Senators, and that Republican Senators be allocated time that is equal 
to that consumed by the minority Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CARPER. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KENNEDY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Motion to Instruct Conferees

  Mr. KENNEDY. Mr. President, tomorrow, we are going to have a series 
of votes in the Senate to give instructions to our conferees. It is an 
expression of the Senate to give instructions to conferees on priority 
items that are going to be before the conference. In this particular 
instance, it is dealing with the issues of higher education.
  I intend to address the Senate again tomorrow. I want to urge a 
favorable vote by Republicans and Democrats alike because the 
resolution I will be offering is a reflection of the action that was 
taken in our HELP Committee, chaired by Senator Enzi, in which there 
was extremely broad bipartisan support--virtually unanimous support--
for that position. That position basically was that the committee would 
have $8 billion in additional savings for need-based aid.
  Our intention is to give this additional aid to Pell eligible 
students. We would also offer an additional grant of up to $1,500 to 
Pell-eligible juniors and seniors who are majoring in math or science.
  We know that one of the great challenges we are facing in the United 
States is how we are going to deal with the challenges of 
globalization.
  We have to ask ourselves as Americans whether we are going to be 
consumed by globalization or whether we are going to accept the 
challenge and equip every man, woman, and child with the ability to 
compete in a global market and to equip our country with the ability to 
succeed in a global market. That means we must be the country, the 
society, the economy that is innovative and creative, and that is going 
to mean new opportunities that are presented. That is going to be 
essential not only for our economy but for our national security. The 
kind of investments we have and those recommended by our committee are 
a good start.
  I believe we are going to have to do more, and I welcome the 
opportunity to do more in the next session of this Congress.
  This motion that I offer and others support, that will be voted on 
tomorrow, is a reaffirmation of the importance of strengthening higher 
education. There are many different aspects of the education budget 
which are of concern to us. Senator Harkin and others have outlined 
those concerns. I join them in expressing our anxiety and disapproval 
at the fact that we are either going to support education or support 
greater tax incentives, essentially giveaways, to the wealthiest 
individuals in our country.
  This is really the issue. This is the question. We will have an 
opportunity to express ourselves tomorrow. The whole battle over the 
budget is an issue about priorities for our Nation. We can say 
expending more resources in the area of education isn't going to solve 
all of our problems, but it is an expression of a nation's priorities: 
investing, investing, investing to make sure that every young person 
who has ability, who wants to continue their education is going to be 
able to do it.
  Finally, I will just mention that the additional reason this motion 
is needed is because the Republican proposal from the House could 
actually increase the cost of college loans by more than $2,000.
  Mr. President, I send a motion to the desk. As I understand, the 
leadership will work out the voting sequence, and we will have an 
opportunity tomorrow to go into greater detail on this motion.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Massachusetts [Mr. Kennedy] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendment to 
     the bill S. 1932 be instructed to insist that the Senate 
     provisions increasing need based financial aid in the bill S. 
     1932, which were fully offset by savings in the bill S. 1932, 
     be included in the final conference report and that the House 
     provisions in the bill H.R. 4241 that impose new fees and 
     costs on students in school and in repayment be rejected in 
     the final conference report, for the following reasons:
       (1) The cost of public college tuition and fees has 
     increased by 46 percent since 2001.
       (2) The lowest income student at a 4-year public college 
     faces an average of $5,800 in unmet need.
       (3) For families in the lowest income quartile, the average 
     cost of attendance at a 4-year public college represents 47 
     percent of their income.
       (4) More than 5,300,000 students received Federal Pell 
     Grants in 2004 through 2005.
       (5) The buying power of the maximum Federal Pell Grant has 
     decreased from 57 percent of public college tuition to 33 
     percent in the last 20 years.
       (6) The gap between the cost of attendance at a 4-year 
     public college and the maximum Federal Pell Grant has 
     increased from $5,282 in 2001 to $8,077 in 2005 through 2006.
       (7) The typical student who borrows money graduates with a 
     bachelor's degree from a public college with $15,500 of debt.
       (8) A person with a bachelor's degree makes $1,000,000 more 
     over the course of the person's lifetime than a person with 
     only a high school degree.

  The PRESIDING OFFICER. The Senator from New York.
  Mrs. CLINTON. Mr. President, I associate myself with the comments of 
the Senator from Massachusetts and underscore the importance of the 
points he was making about the need for us to be better prepared to 
compete in the global economy. I look forward to supporting the 
Senator's motion, and hopefully the conferees will pay heed to the 
Senator's strong admonition about what is in our Nation's best interest 
in terms of investments. I hope I may be added as a cosponsor of that 
very important effort.
  Mr. President, the holiday season is upon us, presenting an 
opportunity to give thanks for our blessings, reflect on the past year, 
and consider how we can better demonstrate goodwill to one another. 
That is the true spirit of this wonderful and blessed season.
  Sadly, the budget we are debating this week and, quite frankly, the 
work of the Congress this entire session has failed to keep faith with 
the spirit of the season or the priorities of the American people. We 
are not following through on the promise to rebuild New Orleans. We are 
not taking the necessary steps to reduce health care costs or make 
energy more affordable. We are not investing in education as we should 
to prepare the next generation.
  This entire legislative season has been about the misplaced 
priorities of the White House and the Republican majority in Congress 
who are unable or unwilling to recognize the realities facing America's 
families.
  Washington Republicans seem oblivious to the fact that 1.1 million 
more Americans fell into poverty last year for a total of 37 million of 
our fellow citizens, including 13 million children. In New York City, 
one in five residents lives below the poverty line. They have turned a 
blind eye to the fact that 45 million Americans are without health 
insurance, including almost 3 million New Yorkers.
  They have ignored the devastating effects of the job losses that 
workers at GM, Ford, and Delphi face and our huge and growing national 
debt, now $8.1 trillion, that threatens the future of our children.
  The Republican budget lays bear the priorities of Washington 
Republicans: Loopholes for oil companies instead of student loans for 
middle-class families;

[[Page 28204]]

irresponsible tax breaks instead of affordable health care for the 
working poor. Now these are choices that would even give Ebenezer 
Scrooge pause--choices that not only ignore the challenges facing 
American families but make those challenges more difficult to overcome.
  Congress is on the verge of enacting a fatally flawed budget plan 
that finances further irresponsible tax breaks on the backs of 
Americans who struggle to pay college tuition, to provide health care 
coverage for their families, and keep their homes warm in winter.
  This budget plan is written in the full spirit of the ``Grinch Who 
Stole Christmas.'' But instead of taking away the presents and the 
Christmas decorations like the Grinch did, Congress is ringing in the 
holiday season by taking away Medicaid benefits, food stamps, child 
support enforcement, childcare programs, affordable housing grants, and 
student loan benefits.
  At the end of the story, the Grinch sees the error of his ways. I can 
only hope that the Members of this Chamber experience a similar 
revelation.
  We have been told that these steps are necessary to pay down the 
deficit. We have been told that the proposed additional cuts and tax 
breaks are the priorities of the American people necessary to continue 
economic growth.
  Cutting Medicaid, food stamps, childcare, affordable housing, and 
student loans is no way to balance the budget or secure our children's 
futures. It is not in the long-term interest of our country, and it is 
not in keeping with the values of the American people.
  What is more, under the Republican majority's budget proposals, the 
budget deficit would actually increase by anywhere from $10 billion to 
$20 billion.
  Democrats in the Congress know what real deficit reduction looks 
like. It involves difficult choices on both the revenue and spending 
side. During the Clinton administration, making the tough choices not 
only eliminated the deficit but produced the largest budget surpluses 
on record. If those in Congress who support this budget, the Grinch 
budget, were truly concerned about deficits, then they would not have 
opposed the restoration of the pay-go rule, a very simple rule which 
means you don't spend money you don't have. They certainly would not 
have approved an additional $70 billion in tax breaks along with the 
budget cuts, tax breaks skewed toward the most affluent among us that 
will worsen our Nation's growing fiscal imbalance.
  What this bill represents is not only an abandonment of our 
responsibility to middle-class and working families but the steady 
erosion of the work support programs that have enabled millions of 
Americans to find work, get off the welfare rolls, and rise above the 
poverty line.
  The right way to cut the deficit is clear.
  Instead of cutting programs that help working families get ahead, cut 
the subsidies flowing to corporate tax breaks, delay further tax cuts 
on capital gains and dividends while passing those cuts that benefit 
the middle class such as AMT reform. The tax cuts going already to the 
wealthiest in this country are nearly seven times larger than all of 
the proposed budget cuts in the House and Senate. Moreover, there are 
tax cuts not yet in effect, such as the repeal of the phaseout of 
personal exemptions and limitations on deductions that go into effect 
next year, which will cost over $27 billion in the next 5 years.
  We could also allow the Government to negotiate with drug companies 
to lower the cost of prescription drugs, which was prohibited in the 
flawed Medicare drug benefit. If Medicare were able to reap the kinds 
of savings we have seen through the VA system's negotiations, seniors 
could expect to save more than $100 billion over the next decade in 
drug costs. This alone is more than four times the savings achieved 
through the harsh budget cuts being proposed.
  We could establish a fund for alternative energy investments by 
requiring that oil companies, which as we know are experiencing amazing 
record profits this year, to invest in alternative energy. We could 
require that they help with people's heating bills this winter. We 
could bring in $20 billion a year with the right energy investments 
through the strategic energy fund that I have recommended that would 
have the benefit of making us less energy dependent on foreign oil.
  Of course, we could eliminate the $2.6 billion in new tax breaks that 
those same record profit-making oil companies lobbied for and won in 
this year's Energy bill. Why do we not take the oil companies off 
welfare? I think that is an idea we at least ought to debate in this 
Chamber. Unfortunately, the Republican majority and the administration 
have made their choice: Breaks for the special interests instead of 
compassion for common citizens who face new hardships. They must 
literally wake up each morning and ask, what are we going to do to help 
our friends today? Never has so much been done for so few who need it 
so little.
  Look at their plans for Medicaid. The Republican majority is 
recommending cuts of up to $11.4 billion over the next 5 years. The 
Congressional Budget Office has estimated that these cuts will result 
in higher premiums and copays for over 7 million people, including 3.5 
million children. Some 70,000 people may lose their health care 
altogether. A family just above the poverty line could see an increase 
of more than $1,000 annually to maintain their health care coverage.
  New York would bear a disproportionately high burden of these cuts, 
as we would stand to lose over $1.37 billion, putting at risk the more 
than 4 million New Yorkers who depend on Medicaid. Over 97,000 New York 
children and 12,400 New York seniors would lose a substantial portion 
of their services under the cuts being debated. Instead of closing tax 
loopholes, Washington Republicans are cutting health care. It is very 
difficult to understand how we could be doing this. If we took that 
$2.6 billion in new tax subsidies for oil companies that are having an 
aggregate year of profits of--give or take a billion or so--around $100 
billion, with that $2.6 billion we could cover the health care costs of 
an additional 1.7 million children nationwide.
  Sadly, the majority has chosen health care cuts and Medicaid as the 
tip of the iceberg. We can take a look at other damage that will come 
to American families because of these misplaced priorities. Working 
parents struggling to pay for child care, health care, and housing will 
now have the added burden of losing their food payment assistance. Two 
hundred and twenty-five thousand people will see their food stamps 
vanish, including up to 14,000 New York residents and some 5,000 New 
York children.
  To put this in perspective, the Republican majority is proposing an 
approximately $700 million cut in food stamps. If we simply reinstated 
the Superfund polluter tax, which forces companies that pollute to bear 
the expense of cleaning up instead of passing it on to the average 
taxpayers to clean up their mess, that would generate $7.3 billion over 
the next 10 years, more than 10 times the cost of the food stamp cut.
  Additionally, children in households receiving food stamps are 
automatically eligible for school meals. The Republican bill in the 
House, while reducing the number of people who will receive food 
assistance, also eliminates the automatic link and makes it more 
difficult for hundreds of thousands of low-income children in New York 
State, as well as many more around the country, to qualify for free or 
reduced priced meals at school. The House budget is literally taking 
food from the mouths of children.
  Then, what are they thinking when it comes to child support 
enforcement? If there ever was a win-win program, it is this. It is 
designed to go after deadbeat parents, collect the money that is owed, 
which in turn can be provided to the families that are in need, helping 
lift those single-parent families out of poverty by requiring that 
their parents work and make regular payments to support their children. 
Well, no, that is going to be cut as well. Funding would be slashed by 
$16 billion. That means some $24 billion in child support payments 
would go uncollected. In the

[[Page 28205]]

next 10 years, children in my State would stand to lose over $1.4 
billion in child support payments.
  It is almost impossible to imagine this happening at any time but 
here we are in the Christmas season, and we are giving a boon to 
deadbeat parents, taking food out of the mouths of children, cutting 
people off of health care and, of course, under the radar screen, the 
Republican majority is trying to use this budget reconciliation process 
for a major overhaul of our Nation's welfare rules.
  I am very proud of welfare reform. In 1997, we created a welfare 
program that valued work, built around the notion that people should 
work and that people who do work should not still be poor after they 
have worked. And that work leads to dignity and self-sufficiency and 
provides strong role models for children. Back then--it was not so long 
ago--Republicans claimed to agree that we should support working 
families, but the policies they are pushing today will punish working 
parents. It will push those who are literally tottering on the brink of 
poverty over the edge.
  Under their proposal, 330,000 families would lose child care 
assistance and cities and towns throughout my State would be the ones 
that would have to provide some kind of help but not with Federal 
assistance because they would be required to eliminate subsidies for 
working families. They are the ones down at the local level who will 
see the results of these wrong-headed policies.
  As working families grapple with rising home prices, the Republican 
majority is trying to eliminate critical grants that create more 
affordable housing. These grants have been an invaluable source of 
funds, providing for the rehabilitation of homes that would otherwise 
be out of reach for low-income working families.
  Since 1995, New York has saved 1,746 units of housing as a result of 
this program; on the chopping block. Goodbye to help for housing. I do 
not know where the working families in my State or other States will 
end up living. A lot of them will end up being homeless.
  Then we come to a program that is about the future. It is 
particularly stunning--I am sure many in this Chamber and the House 
believe that a college education is certainly critical for their own 
children and grandchildren and is part of the route to success in 
today's competitive global economy. Well, one would not know by the 
budget numbers that are coming out of the Republican majority that they 
have any value for education at all because they are instituting an 
additional $14.3 billion in charges for student loan recipients, making 
an education even more difficult to finance. This would be the largest 
cut in student aid in the history of the loan program.
  So while with one hand we paint college education as the path to 
achievement, with the other we are erecting an even higher barrier for 
middle class families and working families, let alone poor families, 
who all of a sudden are going to be told they better try to get their 
kid to go to college, but tuition is rising so we know it is more and 
more expensive. Instead of giving more help as we used to do, we are 
going to make it harder to get the financial assistance that is needed 
to go to and complete college.
  An average student would be saddled with a lot more in costs. For 
example, if a student had $17,500 in student loans they might pay an 
additional $5,800 under the Republican plan. In my State, approximately 
472,000 students would see an increase in their costs. I do not 
understand what we are trying to achieve. If we simply took the $18 
billion revenue-raising package adopted by the Senate in its tax bill, 
which repeals among other loopholes another $4.3 billion tax giveaway 
to oil companies--honest to goodness, don't the oil companies ever get 
enough tax breaks? I mean, it is not enough that we are paying so much 
money to them out of our daily paychecks, now they are going to ask us 
to pay it out of our tax payments--more and more and more subsidies to 
companies that are making tens of billions of dollars in profits. It 
doesn't add up to me.
  But if we took away those $4.3 billion in new tax giveaways to oil 
companies and we cracked down on abusive corporate tax transactions 
such as setting up offshore tax havens in places such as Bermuda to 
avoid paying United States taxes, we would not have to make it more 
painful and costly for students to go to college.
  So what is the tradeoff here? More subsidies for the oil companies, 
more offshore tax havens for companies that call themselves American 
but are not willing to pay their fair share to fund our young men and 
women in uniform, to help pay for the victims of Katrina or literally 
anything else? We could keep doing that. I guess that is the Republican 
philosophy. Or, we can say: Wait. Enough is enough. We don't have to 
give the oil companies any more tax breaks and let's close these 
loopholes. It is unpatriotic for these companies to pay not one penny 
in taxes to this Government, to our national defense, for the blessings 
that make it possible for them to do business and have a good standard 
of living. It is wrong.
  Apparently that is not the way the Republican majority sees it. What 
they say is that these spending and tax cuts are progrowth. They are 
right about that. They are progrowth for the oil companies. They are 
progrowth for the tax haven companies. But they are sure not progrowth 
for somebody trying to get through college or some working mom who 
needs to collect child support from an ex-husband. I do not see 
anything progrowth about that for them.
  They do not even make economic sense. You know, we know how to do the 
economy right. We did it in the 1990s. We not only balanced the budget 
and created a surplus but helped to create 22 million new jobs and 
lifted millions and millions of people out of poverty. We enjoyed a 
long period of sustained economic growth. We took on the challenges of 
the day and we tried to prepare for the future.
  That is not what is happening in Washington today, and I am deeply 
troubled and regretful about the choices that are being made on both 
ends of Pennsylvania Avenue.
  I have spent many years working on behalf of children in foster care. 
They are probably the most vulnerable of all of our children, the 
poorest of the poor--abused, neglected, children who get taken away 
from their families because their families are unable or unwilling to 
care for them. When they are taken away by the police or by a court or 
social worker--maybe they are turned in by a neighbor or relative--they 
become our children. They become the responsibility of every single one 
of us and we have to work very hard to try to get them reunited with 
families, to try to find a relative who will love and care for them; 
absent that, to try to make sure they are safe and secure in foster 
care while hopefully we try to find a permanent, loving family for 
them.
  It is going to be a lot harder because the Republicans are choosing 
corporate tax breaks instead of foster care. They are going to slash 
$600 million from foster care support.
  I grew up loving the Christmas season, telling the story over and 
over again about how Mary and Joseph found themselves with no place to 
stay and how Jesus was born in the manger. Many people say: Look, they 
were shut out, left behind. We are shutting out and leaving behind a 
lot of our children with these budget decisions. It is wrong. It is 
wrong to reward special interests who can do perfectly fine for 
themselves and slam the door on foster children who need all kinds of 
help to even have a chance in life.
  It is wrong to give more tax breaks to oil companies and not be sure 
we are going to have enough money to help families pay their heating 
bills this winter. It is wrong that we are using Orwellian language to 
call a budget bill that actually raises the deficit a deficit reduction 
bill. It may be clever. You might fool some of the people but not for 
long. The deficit will continue to be a drag on our economy and a 
burden for future generations.
  The American people, and particularly our children, deserve better. 
The Republican majority's proposals for this budget are not in the best 
interests of America. They will undermine

[[Page 28206]]

the hopes and dreams of a lot of hard-working people, people who took 
us at our word 8 years ago. They got off welfare and they are working 
now. I see them every day. I go into offices or restaurants all over 
New York and somebody will come up to me and they will say: Senator, I 
used to be on welfare, but I am working now and my children are so 
proud. Thank you. Tell your husband thank you.
  I always say: Well, God bless you, take care of those children.
  Now what are we doing? We are going to cut the childcare that people 
need to help take care of their children while they are at work. We are 
going to cut the housing assistance that people need in order to be 
able to afford a house or an apartment in most places of which I am 
aware. We may be cutting their children off Medicaid with all these 
cuts in Medicaid, so that little girl who needs that expensive asthma 
medicine in order to keep going to school may be out of luck. We are 
going to be cutting child support so we are not going after those 
deadbeat parents to collect money that will help that family stay on 
the right path, stay out of poverty.
  It doesn't make any sense to me, but those are the choices that the 
elected representatives of the people of this country are about to 
make. It is time that we go back to arithmetic and reality; we go back 
to a conservative fiscal policy that pays as you go, doesn't spend what 
you don't have, produces balanced budgets and surpluses, and takes care 
of people who are working as hard as they can or who are vulnerable and 
need our help.
  There is a lot of talk about family values. Well, let's value 
families and let's do it, not just with rhetoric, but with money, 
decisions, budgets that show what our values are.
  So in the spirit of this holiday season I call on the Members of this 
body to reflect on the choices they will be making in the next few 
days. These choices are going to have a profound impact on millions of 
people, less fortunate than we are, but there but for the grace of God 
go any of us. It will not just be for a holiday season, it will be for 
years to come.
  I think we can do better. I know America deserves better. We can get 
back on the right path of fiscal responsibility and moral 
decisionmaking that takes into account the needs of the least among us.
  We can build a nation that reflects the best of what we can and 
should be. I hope we will take this opportunity to do so. If we do not, 
there will be consequences, and they will reflect badly on our 
Government.
  Let us have a happy ending to the story. The Grinch had an epiphany. 
The Grinch came back and said: I don't want to be a bad guy. I want to 
share in the Christmas spirit.
  So let us replace this ``Grinch budget'' with an American budget that 
does what it should do for all the people of our country.
  I thank the Chair. I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Coburn). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          American Priorities

  Mr. ISAKSON. Mr. President, I thank the Presiding Officer. I thank 
you for the opportunity to speak.
  I had not intended to come to the floor today but I passed my 
television set in my office, and I caught the preceding speech 
regarding American priorities and certain allegations regarding 
leadership at both ends of Pennsylvania Avenue. I felt compelled for a 
second to try to answer some of the rhetorical questions that were 
asked but never responded to in the speech. If I heard it right--I 
could be corrected--one of the questions was ``I don't understand what 
we are trying to accomplish.'' It was stated in the context of 
extending the tax cuts, I presume the tax cuts the House passed--to 
extend on capital gains and dividends. I will assume for a second that 
was part of them. There may have been others, and I will address some 
of them, but I thought it was time, at least for those who might be 
watching and listening today.
  There are two distinct philosophies in Washington, DC. One has just 
been characterized. My hope is, in the few minutes I have been 
allocated, to be able to characterize the other.
  When George Bush took office at the beginning of his first term, this 
country was moving into a serious recession which was realized shortly 
after that term began.
  In September, on the 11th day of September, in the year 2001, America 
had the most unbelievable, heinous attack upon us that has ever been 
perpetrated, even worse, both in death toll but also in tragedy, than 
that of Pearl Harbor. That event, on top of the declining economy which 
was inherited in large measure by the administration, this President, 
and in turn this Congress, set on a new course to do two things: One, 
empower the great economic engine of America, which is American 
business and free enterprise. We did so by strictly passing legislation 
in terms of tax cuts and changes in tax policy that would empower 
American business, offer the incentives for more jobs and bring us out 
of the economic difficulty we were having.
  I submit that is precisely what has happened. If you look at the last 
5 years, we have gone from a period of recession, which began in 1999, 
peaked probably in 2000-2001, and since, we have continued to climb and 
improve. Why have we done so? We have done so because we empowered the 
American business person and the American employer and the American 
employee by allowing them to keep a little bit more of their business 
and invest it in this great country, spend it in discretionary 
spending, buy a new home. Economic enterprise breeds economic 
enterprise which breeds more economic enterprise.
  We know from the standpoint of our side of that philosophical issue, 
if you empower business to do more business, the American Government 
will prosper. Our revenues have gone up in this country. They have not 
gone down because of tax cuts. June 15, 2005--this year--was the 
largest single take in tax revenue in the history of the United States 
of America. It was because our country is running on all cylinders, or 
almost all cylinders.
  When I went to college, 95 percent employment was full employment. We 
have that today. We have had an unbelievable sustained period of very 
positive interest rates. We have had an economy that has not been 
attacked by inflation, and inflation continues to be under control. The 
jobs that were lost because of the recession in the early part of this 
decade are coming back, and they are coming back at a rapid rate. 
Business formations, prosperity, American home ownership is at an all-
time high. The real estate industry is at an all-time high. American 
business enterprise is thriving, and I submit it is not confusing to 
me. I do understand what we are doing. What we are doing is we are 
empowering that which has always taken this country to great heights: 
the American free enterprise system, the American taxpayer, the 
American employer, and the American employee. We are empowering them 
with their money and believing they can do it better, and we can 
prosper together.
  The other side's philosophy is, you charge the people more money to 
take care of the problems you perceive. Instead of empowering them, you 
shackle them with less money, you empower government, you breed 
mediocrity. That is wrong.
  No one predicted September 11. Nobody could have ever predicted 
September 11. But while in the process of reinvigorating the American 
economy through strategic tax cuts, this administration has confronted 
the most horrible fate a country could confront on September 11 in the 
attack of terrorism. We have pursued terrorists around the world. We 
have secured our airports. We are securing our ports. We have been 
fortunate not to have an attack on our soil since that date. That did 
not come cheap. It came at a great price. A great price we have 
financed, in part, obviously, with the deficits that were referred to. 
But we paid for

[[Page 28207]]

an awful lot of it with the growth in our revenue from an empowered 
taxpayer and an empowered employer and an empowered employee.
  I just want to make a couple things clear. I am one member of the 
majority party of this Senate, and I can only speak for myself. But I 
take issue with being characterized as someone who is trying to cut 
health care, someone who is trying to take food out of the mouths of 
children, somebody who is trying to take welfare and turn it back 
around and hurt people on welfare to recovery, someone who is trying to 
make it harder for kids to go to college.
  All of those examples that I heard in the previous speech were 
examples of taking an issue and distorting an issue to make it appear 
that one side is against children, for hunger, against education, for 
ignorance--all those negative connotations. So for a second I will 
address them, if I can.
  We had an earlier motion in the Senate today with regard to Medicaid. 
We have a lot of Governors in this country who are attempting to get 
flexibility with Medicaid. I happen to be one who supports giving the 
Governors flexibility from the standpoint of Medicaid. Why? First of 
all, they and their legislatures administer Medicaid, we don't. We pay 
for two-thirds of it, but we hold them accountable for its 
administration. If they are accountable for its administration, and 
they are paying a third of the costs, and we are holding them 
accountable, by golly, they ought to get flexibility to use some of the 
tools. I know the distinguished Presiding Officer knows about tools in 
medicine today and applies them to health care for our poorest.
  Being more flexible for our Governors to deal with one of the largest 
single expenditures of State government, the largest in my State, is 
good common sense. It is not cutting health care. It is empowering the 
people who are helping to get it to the people who need it.
  This business of taking food out of the mouths of babes, I do not 
know what the Senator from New York was referring to specifically, and 
I will give her the benefit of the doubt. But I will say, cutting the 
rate of growth in programs is not taking food out of the mouths of 
people who are getting it. Cutting the rate of growth in spending is 
trying to manage our budget. I have never seen a time, even back in the 
early 1990s, when the Republicans were attacked in the House for taking 
the food out of the mouths of young children. It was the rate of growth 
in programs that was talked about. It was not real dollars. I submit 
the reference today was probably precisely the same thing.
  As far as welfare rules are concerned, one of the great legislative 
initiatives of the 1990s was welfare reform and welfare-to-work. I have 
been to the centers in my State. I have seen the bulletin boards, the 
success stories today of people who were on welfare, shackled for a 
lifetime, and then empowered by welfare-to-work legislation. We have 
reduced our roles in this country tremendously. We have not really 
reduced the cost of welfare that much because we are providing 
childcare, we are providing training, we are providing transportation, 
and we are providing education.
  But do you know what we did. We slowed the growth of the cost of 
welfare to the American taxpayer. In the process of doing it, we 
empowered Americans who thought they were shackled for a lifetime in 
poverty, in welfare, because we got them job training. We got them 
child assistance while they were being trained. We empowered them and 
challenged them to go off of welfare and on to work. And they are there 
today. That is a great accomplishment.
  As to the student loan business, I do know a little bit about that. 
We were tasked in the Health, Education, Labor, and Pension Committee 
on budget reconciliation with finding some savings. The 
characterization in the previous speech was it will cost students more 
money to go to college and to borrow on student loans. There are going 
to be some costs, that is correct. We still, however, as a government, 
provide through Pell grants and through assistance in the College Loan 
Program unparalleled assistance to students wanting to go to college 
and to finance that education. We are merely trying to make that 
program accountable and live to a certain extent within our means.
  There was a comment in the preceding speech that it is time to get 
back to arithmetic and reality. I will address my remarks to that for 
just a second.
  There is not one Member in here who likes the deficit situation we 
have been in. I applaud the White House for encouraging us, and I 
applaud Senator Gregg in his diligent leadership to force us to try to 
bring about savings and begin to reduce the rate of spending in 
programs. The reconciliation bill we passed, which I believe was $39.4 
billion in savings, is a start. It is only a start. We will have to do 
more.
  In the case of the reconciliation and those savings, whatever the 
program might be, there is going to be somebody who says: Don't cut 
here, cut there. But for us eventually to make this budget process 
accountable, we will have to be able to open all of government, look at 
all of government, analyze all of government, and make hard choices. 
The reality of arithmetic is you cannot tax America into prosperity. 
You cannot solve everyone's problem by taxing those who are producing 
the jobs that employ the people of the United States of America. What 
you can do, however, is hold yourself accountable on the spending side 
and empower those who produce the revenues to do more.
  The arithmetic of our tax cuts is simple, because of capital gains 
reductions, mature assets which were held and not liquidated because of 
the tax rate were sold, and new money was made, and it was deployed in 
new investments with growth because dividends became equalized with 
capital gains and, in fact, were lowered in a rate of taxation. Wall 
Street began to focus on dividends as being a positive thing for 
companies to do.
  There has been a tremendous move on Wall Street, and the market is 
stronger and investment in America is stronger because of what we did 
in bonus depreciation, because of what we did in expensing. In every 
one of those things that was called a cut, we raised revenue, and we 
did so because we empowered American business.
  But if the Senator from New York or anybody else thinks that if you 
have a billion-dollar problem, you can just raise taxes by a billion 
dollars and solve it, and that is the way for us to go in the 21st 
century, they are dead wrong. Because there is a point at which when 
you tax, you suppress prosperity, you cause people who have money to 
make the decision not to deploy that money anymore. You cause the exact 
opposite of what has happened in this country for the past 3 years 
since the tax programs were passed.
  So while I may have missed some of the points because I caught this 
in passing and stopped at the TV to listen, I did not miss one point. 
The point was the question: I don't understand what it is we are trying 
to accomplish. I will tell you what we are trying to accomplish. We are 
trying to accomplish empowering the great locomotive of prosperity, 
American free enterprise, the American employer and employee to do 
better. And as they do better, the American Government does better, and 
revenues go up, not because we raised rates but because we raised hope 
and we raised opportunity.
  Secondly, I know where we are trying to go in budget reconciliation. 
We are trying to go where every American is every day of their life. We 
are trying to sit around the kitchen table, setting priorities, looking 
to the future, seeing where we can slow the rate of growth of 
Government expenditures. We are not trying to take food out of the 
mouth of a single person, nor to take health care away from a single 
person. Nor do we want a deadbeat dad not to get caught. We want every 
child support payment to be made. To characterize one party as being 
for those things and the other being against them, to me, is quite 
ludicrous. But you have to go through a budget process of 
reconciliation and savings by

[[Page 28208]]

looking at programs, analyzing programs, setting realistic goals for 
the future, and trying to make them more accountable.
  The United States of America is a great and prosperous nation for a 
lot of reasons. But the most important reason of all, it is a land of 
hope and opportunity. Taxation can destroy the hope and, in turn, 
destroy the opportunity when it is carried to the excess no matter how 
noble the cause on which it is levied.
  Mr. President, I thank you for the time yielded to me. I thank you 
for the opportunity to serve with you in this body. In the next few 
days, as we close out this legislative session, I hope we can, in the 
end, be where we started this year, with a goal of empowering the 
American taxpayer, doing a better job handling the expenses of this 
country, and doing what we always do in giving thanks to live in the 
greatest Nation on the face of this Earth, the United States of 
America.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Mr. GREGG. Mr. President, I commend the Senator from Georgia for his 
excellent statement. He presented the themes and the basic philosophy 
which are behind this bill, the deficit reduction bill, which includes 
that we, as a government, need to come close to living within our 
means. Hopefully, we could live completely within our means. Secondly, 
the American people should not always have money taken out of their 
pockets to support the largess of the Federal Government. We should 
have a tax burden that is reasonable, but to the extent we can, we 
should allow Americans to keep their hard-earned money and allow them 
to make decisions as to where their money should go.
  If we increase taxes dramatically, we basically reduce the incentive 
of people to go out and be productive, which translates directly into a 
loss of jobs because people are not willing to take risks, are not 
willing to be entrepreneurs because if their tax burden is so high, the 
practical effect is they do not create jobs. A job, of course, is the 
ultimate economic benefit for any family.
  So I congratulate the Senator from Georgia. I think his statement was 
right on. I especially appreciate his comments relative to trying to 
put in context the comments of the Senator from New York because the 
Senator from New York used a few hyperboles, referring to ``The Grinch 
That Stole Christmas.'' ``How the Grinch Stole Christmas,'' of course, 
is a classic story. First, I congratulate her. I do congratulate her 
for using the term ``Christmas'' and recognizing this is the Christmas 
season, not the holiday season, something which my wife continually 
reminds me about. We don't have a holiday tree; we have a Christmas 
tree.
  But independent of that small aside, let me point out that ``How the 
Grinch Stole Christmas'' is a wonderful story. It was written by a 
fellow who went to school in New Hampshire. It is a fantasy. He wrote 
some other things such as ``The Cat in the Hat.'' And quite honestly, I 
think the Senator from New York was talking through her hat when she 
delivered her statement because it, first, was inconsistent with all 
the facts on the ground, and, second, it represented a philosophy which 
essentially says, as the Senator from Georgia has pointed out, if you 
simply tax people more, you can solve your problems as the Federal 
Government. All it takes is you take more of people's money and we can 
solve any problem around here.
  Where is it factually inaccurate? Well, to begin with, the deficit 
reduction bill which we passed was a very unique bill. It has only been 
done once in the last 8 years. This is the first attempt to do it 
again. It was unique because the way it was structured, as it came out 
of the Senate--and I congratulate the various chairmen who did this, 
especially the chairman of the HELP Committee and the chairman of the 
Finance Committee and the chairman of the Agriculture Committee, which 
bore the biggest reductions here, and the chairman of the Commerce 
Committee. Other chairmen also participated, but they had the big, 
heavy lift.
  The way it came out of the Senate was this: It actually ended up 
saving about $70 billion. But there were decisions made that as we 
saved some of this money we should reallocate it toward better ideas 
and better concepts. The practical effect of this was that we 
significantly, under this bill, expanded the availability of loans 
called Pell grants to people who want to go to college, low-income 
people who want to go to college. We significantly expanded it. So 5 
million more people, 5 million more kids who want to pursue a college 
career or college path are going to be able to do so under this bill 
because of the expansion of the Pell grants.
  Why was that decision made? That decision was made because we 
believe, as Republican Members of this Senate, that if you give people 
a good education, you give them a better chance to be productive, you 
give our Nation a better chance to be productive, that as we give more 
people a better education, we become globally more competitive, and we 
create more jobs and more economic activity in the United States. As a 
result, we end up probably benefiting the Federal Treasury because we 
have more people earning higher incomes who pay more in taxes. But we 
believe very strongly in that type of commitment.
  So this bill, rather than as was represented earlier by the Senator 
from New York as being some sort of a negative event around here for 
low-income people, was actually the most significant expansion of the 
Pell grant program for low-income individuals, certainly in the last 12 
years since the beginning of the Pell grant program.
  Secondly, the bill again, under this same philosophy, dramatically 
expanded the availability of funds for low-income and disabled children 
under Medicaid. This bill, as it passed the Senate, will add 1.1 
million people, make Medicaid available for 1.1 million people, 
basically kids who are disabled and of extremely low income so they 
will have health care coverage. So some of the savings we took and we 
applied there.
  In addition, the bill expanded the effort to try to help out people 
who have been impacted by Katrina--unfortunately, a lot of people have 
been devastated by that storm--and had the effect, and will have the 
effect, if it is passed, of helping 1.9 million people who were 
dramatically impacted by Katrina get Medicaid coverage. Again, that was 
a decision that was made to reallocate resources.
  So the bill itself is probably the biggest and most aggressive effort 
to try to help people of low income that has gone through this Senate 
in recent history, probably since the welfare reform bill that was 
signed by the husband of the Senator from New York.
  How were these savings generated which were able to be reallocated? 
Remember that the bill overall, on a net basis, as it left the Senate, 
saved about $39 billion. My hope is, after we go to conference, it will 
save about $45 billion, maybe $46 billion, maybe be as high as $48 
billion, $49 billion in net savings. But there are other savings that 
we have taken and reallocated. Where did those savings come from? Did 
they come from low- and moderate-income individuals? Were they slashing 
programmatic activity that benefited low-income individuals, as would 
be represented by the statement of the Senator from New York that the 
Grinch has been at work? No. As I said, a more appropriate analogy 
would have been the Cat in the Hat because she was talking through her 
hat on that issue.
  The savings that expand the Pell grant come directly out of the 
lenders who, if we do not act under this bill, will realize a $12 
billion windfall because the interest rate which students will have to 
pay will be artificially high unless we adjust that rate to 
appropriately reflect the marketplace. What this bill did, under the 
leadership of Chairman Enzi--and interestingly enough, this language 
came out of that committee in a bipartisan way.
  The Senator from New York serves on that committee, as do I. I don't 
think there was any opposition to this proposal. We essentially said, 
rather

[[Page 28209]]

than allowing this $12 billion windfall, which will occur if we don't 
act by the end of the year, which will occur so that these lenders, 
these corporations which lend this money to students, and they do a 
service for the Nation by doing that, but they are getting this 
artificially inflated rate of return. Because of the way the law was 
structured, it didn't reflect the actual interest costs or what the 
real interest costs are today, if we don't act, they will get a $12 
billion windfall.
  What Chairman Enzi and the HELP Committee said was: That doesn't make 
any sense. Let's take back that windfall, which was artificially 
created by Federal law, and take a significant amount of it and expand 
the Pell grant program so 5 million more kids will be able to get Pell 
grants, low-income kids. In fact, the whole program is targeted to the 
lowest of low-income kids who want to go to college. And take another 
big chunk of it and use it to reduce the debt of the Federal 
Government. That is a pretty logical approach, certainly not a Grinch 
approach. It is a rather thoughtful approach, a good approach.
  I would say the characterization of the Senator from New York of this 
bill is inconsistent with the facts on the ground and inappropriate.
  The Finance Committee looked at places where we could save money in 
the Medicaid system. It came to the conclusion that a considerable 
amount of money could be saved by changing the way pharmacies are 
reimbursed under Medicaid. So they made a decision. They said: Rather 
than having an artificially high reimbursement for pharmacies and drug 
manufacturers, they would rather more accurately reflect the cost of 
those drugs and what those drugs would go for on the open market and 
thus take the savings from that and, once again, split those savings. 
They said: Part of those savings should go to expand assistance to low-
income kids, adding another 1.1 million kids to the SCHIP program, the 
Medicaid Program for low-income kids, and taking another part of the 
savings and applying it to debt reduction, creating a deficit reduction 
event.
  In addition, they said: Listen, if we don't do something about doctor 
reimbursements, doctors will end up with their fees being cut by 4.8 
percent at the end of the year. We are going to have doctors dropping 
out of the Medicare system. That is not a very good idea. Low-income 
senior citizens who want to go see a doctor aren't going to have 
doctors to see because doctors are going to say: I am not going to 
practice because my income is being cut. Everytime I see one of these 
patients who is a Medicare patient, I am losing money. I have to pay 
insurance, my nurses. I have to pay my overhead. I can't take a 4.8-
percent cut.
  So the committee said: Let's hold the doctors harmless, basically 
give them no cut. Well, they gave them a 1-percent increase, but it 
basically amounts to no cut. And they paid for that, again, by 
basically reducing areas of Medicare which legitimately should be 
reduced. Specifically, there is $5.6 billion sitting in the Medicare 
Part D trust fund, which is actually in Part C, but it applies to Part 
D, which was euphemistically called the stabilization fund, which 
essentially was walking-around money for the Department of Health and 
Human Services to basically pay out to various insurance companies, 
HMOs, and drug companies in order to buy them into the drug program 
because there was some concern that not enough people would participate 
in the drug program.
  It turns out, in every State, there has been an overwhelming number 
of different drug companies and insurance companies offering 
pharmaceuticals that have been willing to participate. In my State, we 
have 41 different plans. The problem isn't that there aren't enough. 
The problem is there are so many people getting confused as to what is 
available. And that is good news. We hope that there are so many 
participating. We hope to be able to clarify who is offering what. The 
fact is, the logic behind the stabilization fund didn't come to 
fruition. So there was no need to have this walking-around money. It 
has been referred to as a slush fund. So this committee decided to take 
that walking-around money and basically use it to make sure that 
patients, when they go to see somebody under Medicare, when they need a 
doctor, will be able to find a doctor.
  Tell me what is Grinchlike about that. What is Grinchlike about the 
idea of creating a system where there is actually a doctor when a 
senior citizen wants to find a doctor because they have a problem and 
having a proposal which accomplishes that? Obviously nothing. Once 
again, on the facts of it, the Senator from New York was inaccurate as 
to the implications of this bill and how it affects seniors and low-
income seniors.
  Yes, this bill does reduce the debt by, as it passed the Senate, $39 
billion. And I suspect if we get it back from conference, it will 
probably be closer to $45, $46, maybe even higher, $48 billion. Again, 
what is Grinchlike about that? I ask: What is wrong with reducing the 
Federal debt? What is the Federal debt? It is our generation spending 
money to benefit, in most cases, people today, and then taking the bill 
for that and saying to our children and our children's children: You 
have to pay for it. It is akin to using a credit card only you don't 
pay the credit card. You give the bill for the credit card to your 
children or grandchildren. That is not very nice. That is Grinchlike. 
If the Senator from New York wants to talk about something that is 
Grinchlike, it is having a Government that continues to run up debt for 
current expenses, passing those current expenses on to the next 
generation and the next generation after that to pay for it. That is 
unfair. That is stealing the Christmas of our children and our 
children's children or at least undermining their capacity to go out 
and have the funds to have as good a life as we have had.
  The purpose of this bill was, for the first time in 8 years, to step 
up to the plate on the most significant part of the Federal budget 
where the most money is spent and where the most growth is occurring 
which is the entitlement accounts. As I mentioned before, people need 
to understand how the Federal Government works in the area of spending. 
We have the account called appropriations. It represents 30 percent of 
the Federal Government. It is everyday expenses such as national 
defense, education, laying out roads, environmental expenses. Those 
dollars are a decision we make every year to spend. We decide to spend 
dollars to buy our military equipment. We decide to spend dollars to 
assist a State in laying out a road. But we don't have to spend that 
money. We can decide not to buy that piece of military equipment or not 
to lay out that road.
  We can do it every year, and it is called the appropriating process.
  In the appropriation accounts, we have essentially frozen spending, 
under this budget, under the budget which was passed in nondefense 
discretionary activity. But again, it only represents 30 percent of the 
Federal budget. The rest of the Federal budget, outside of debt 
financing, is entitlement spending or mandatory spending. Those are 
programs where people, because of their situation, or institutions or 
corporations, because of their situation, have the right to come to the 
Federal Government and get paid.
  They may be veterans, students, senior citizens on health care or on 
Medicaid or on Social Security. They have a right to that benefit 
because they fit certain criteria--age or income or experience. Those 
entitlement accounts are the fastest growing element in the Federal 
Government. They have been for years. Now they are projected to explode 
in their rate of growth because of the fact that we have something 
called the baby boom generation that is about to enter the Federal 
system. A CBO report is coming out that reflects that it is going to 
overwhelm our capacity as a society to support it.
  The concept that you can tax your way out of this, which appears to 
be the proposal of the Senator from New York, cannot stand in the face 
of facts. It cannot stand in the face of facts. Three programs--Social 
Security, Medicare, and Medicaid--make up about 80 percent of the 
mandatory

[[Page 28210]]

spending. Those 3 programs today absorb I think probably around 8 or 9 
percent of the Federal budget. Maybe it is higher.
  When the full baby boom generation has retired by the year 2030, 
those three programs will cost the American taxpayer 20 percent of the 
gross national product of the Federal Government. Why is that an 
important number? Because 20 percent of the gross national product is 
how much we have, historically, as a Federal Government been willing to 
spend for all Government activity, including defense spending, 
education, environmental protection and health care for senior citizens 
and Social Security. But by 2030, those three programs alone will cost 
as much as the entire Government spends today as a percentage of our 
gross national product.
  What are the implications of that? The implications are that in order 
to pay for that, and to have a functioning government, you would have 
to raise taxes on our children and grandchildren over this 20 percent 
level. That number keeps going up because the unfunded liability of 
Medicare and Medicaid alone is $27 billion. The unfunded liability of 
Medicare and Social Security and Medicaid together and all of the other 
entitlement programs is about $44 billion. So the number keeps going up 
well beyond 20 percent, so by 2040 you are looking at 25 to 30 percent 
gross national product for those three programs. Maybe the Senator from 
New York is willing to raise taxes as a percentage of the gross 
national product well above what we have done as a Nation, generally. 
We have never had a tax rate which has exceeded 21 percent. That has 
been hit occasionally, but usually the tax rate has been about 18 
percent of GDP. Once you get above 18 percent of GDP as your tax rate, 
you suppress the Nation's ability to be productive. People will come to 
the conclusion that there is no point in going out and working harder 
because the Federal Government is simply going to take their money.
  That is what happened in the late 1970s when tax rates were up to 70, 
75 percent. People said: Why should I go out and work hard to produce 
that extra dollar? They are just going to tax it away from me. So 
Ronald Reagan came along, following the ideas of John Kennedy, and 
said: Let's cut the tax rate, and it will produce more incentive for 
productivity, more entrepreneurship, and therefore more jobs and more 
revenues, and that is exactly what happened.
  That is also what happened with George W. Bush. He cut the tax rate 
in the middle of a very severe recession, followed by the attack of 9/
11. As a result of the tax-rate cut, we have seen a huge increase in 
revenues in the last 2 years. That revenue increase is a direct result 
of the fact that we have created an incentive for people to be 
productive and create jobs.
  So you cannot, as a practical matter, even if you wanted to do this, 
follow the course that has been outlined by the Senator from New York, 
which is essentially trying to tax your way out of the problem we 
confront, which is called the Federal deficit, and the spending of the 
Federal Government resulting from entitlement spending. The only way 
you can address this issue is if you take a hard look at the 
entitlement programs and begin to restructure them so that they become 
affordable for the next generation.
  I wish this deficit reduction bill was much more expansive than it 
is. I wish it took a hard look at Medicare. I wish we were addressing 
Social Security. Both of those issues were taken off the table through 
the political realities of the time. Our colleagues on the other side 
of the aisle, in I think an act of real fiscal irresponsibility, 
basically demagogued the President when he suggested that we address 
the Social Security issue. So we could not move forward on that. 
Regrettably, the President took Medicare off the table because he said 
we should let Medicare Part D go forward before we start to move to try 
to restructure Medicare. I think that was a mistake, but that was the 
decision. We were left with a narrow number of entitlement programs to 
look at. Even within those narrow programs, we were asked to limit 
significantly the scope of our review.
  For example, in the area of Medicaid, which we will spend $1.2 
trillion to $1.3 trillion on over the next 5 years, our suggestion was 
simply to reduce that rate of growth of spending by $10 billion. So the 
rate of spending in Medicaid, instead of being 40.5 percent, would fall 
back to 40 percent. Even with that, less than a one-tenth-of-1-percent 
reduction in the rate of growth of Medicaid, it has been described as 
Grinchlike, even though none of it, as proposed in the Senate, came out 
of beneficiaries. In fact, as I mentioned, the number of beneficiaries 
that will receive Medicaid under the Senate bill will expand by 1.1 
million people. Rather, the savings came out of pharmacy and drug 
manufacturers as a result of pricing. But that, under the theory of the 
Senator from New York, is Grinchlike.
  It is hard to accept that on its face, if you look at the facts 
behind this bill. But what we do know will be Grinchlike is if we pass 
on to our children a continued expansion of the Federal debt and 
deficit, so that undertakings which we pursue today as a Government 
that benefit people today--they are not capital expenses, but they are 
basically the ordinary operating expenses of the Government from day to 
day. Those undertakings will continue to be paid for by our children 
and our children's children. That would be Grinchlike. That takes away 
from them the opportunity to have as high a quality of life as we have 
had because their tax burden to pay for our bills will be added to 
their general tax burden to pay for their bills and, as a result, they 
will have less money available to do things for their kids, whether it 
is buying toys, putting them through college or buying a decent family 
home.
  So this deficit reduction bill, which was structured in a very 
careful way to make sure it expanded benefits to low-income 
individuals, adding 5.5 million new people to Pell grants, 1.1 million 
kids to Medicaid, and 1.9 million people who were impacted by Katrina 
relative to health care costs.
  At the same time, it moves forward for the first time in 8 years in 
an attempt to address the issue of reducing the debt. It is the right 
policy and it is, rather than being a Grinchlike event, truly an 
appropriate gift, should we get around to passing it, to our children 
and our children's children and to those people who benefit from this 
bill.
  Mr. President, at this point, I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I rise today to join my colleague from 
Rhode Island in offering a motion to instruct the conferees to include 
$2.9 billion in additional funding for the Low-Income Home Energy 
Assistance Program as part of the budget reconciliation bill.
  This funding is absolutely critical to help our Nation's low-income 
citizens keep warm this winter. I believe we simply must provide more 
LIHEAP funding this year. Let me describe the situation we are facing 
in my home State.
  Just yesterday, I was in northern Maine, in Aroostook County, which 
is where I come from, and the high for the day was 12 degrees. That was 
the high temperature for the day. In weather like this, people simply 
have no choice but to devote a very large part of their household 
budget to heating their homes. Unfortunately, with the escalating cost 
of home heating oil, many people simply cannot afford to do so.
  In Maine, 78 percent of the households use home heating oil to heat 
their homes. Currently, the cost of home heating oil is approximately 
$2.34 per gallon. That is 38 cents above last year's already inflated 
prices. These high prices greatly increase the need for assistance, and 
at least 3,000 additional Mainers are expected to apply for LIHEAP 
funding this year.
  So we have a situation where there are more people in need of 
assistance compared to last year. The prices are much higher than last 
year, and yet the average benefit is expected to fall by roughly 10 
percent to $440 per qualifying household. Unfortunately, at today's 
high prices, $440 is only enough

[[Page 28211]]

to purchase 188 gallons of oil. That is far below last year's 
equivalent benefit of 251 gallons. I can tell you, that is not nearly 
enough to get even through the first half of the winter in Maine. With 
rising prices and falling benefits, we have a real problem. Just to 
purchase the same amount of oil this year as last year, the State of 
Maine would need an additional $10 million in LIHEAP funds.
  Just a few months ago, we passed and the President signed into law 
the Energy Policy Act of 2005. This law passed the Senate 
overwhelmingly, and it authorizes $5.1 billion for the LIHEAP program 
for fiscal year 2006. The chairman of the appropriations subcommittee, 
Senator Specter, worked very hard to find some funding to increase 
LIHEAP. He increased it to $2.2 billion. I commend him for his efforts 
and hard work, but $2.2 billion is not nearly enough.
  Our Nation has been struck by three extremely powerful hurricanes. 
These hurricanes have been devastating to the people of Florida and the 
gulf coast, but we need to remember that they have had a major impact 
on the rest of the Nation as well. Just as the Nation should have been 
building oil supplies for the winter heating season, these hurricanes 
disrupted our already strained supplies and sent both home heating oil 
and gasoline prices to painfully high levels.
  While high energy prices have been challenges for many Americans, 
they impose an especially difficult burden on our low-income families 
and on our elderly living on limited incomes. Low-income families 
already spend a greater percentage of their incomes on energy, and they 
have fewer options available when energy prices soar. High energy 
prices can even cause families to choose between keeping the heat on, 
putting food on the table, or paying for much-needed prescription 
medicine. In America today, in a country as prosperous as our country, 
no family should have to make such a choice. No elderly person should 
have to choose between buying the fuel oil they need to keep warm to 
avoid hypothermia and filling a much-needed prescription to stay 
healthy.
  With winter upon us and energy prices soaring, home heating oil bills 
are already pounding family budgets mercilessly. For low-income 
families, LIHEAP funds can be the factor that prevents them from having 
to choose between paying their bills and putting food on the table.
  I call on my colleagues to support this motion to instruct the 
conferees to include this vital assistance as part of the budget 
reconciliation bill.
  I wish to recognize the efforts of my colleague from Rhode Island. We 
have worked very closely toward this common goal. Those of us who live 
in the Northeast or the Midwest or cold-weather States have a special 
appreciation for just how much hardship will be imposed if we do not 
increase this funding.
  I commend the administration for calling for $1 billion in additional 
funding, but, frankly, that is simply not enough. We need to do more. I 
hope that just as many of us are responding to the needs of those 
victims of the hurricanes in the gulf region, that our colleagues from 
that area of the country and from other areas of the country will join 
us in averting this looming crisis.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. REED. Mr. President, first, I commend my colleague, Senator 
Collins, for her leadership on this issue and for the eloquence and 
persuasiveness of her statement today. She has truly been in the 
forefront of all these efforts to increase the funding for the Low-
Income Home Energy Assistance Program.


                      Motion to Instruct Conferees

  Mr. President, I send to the desk a motion to instruct conferees on 
behalf of myself, Senator Collins, Senator Kennedy, Senator Snowe, 
Senator Lieberman, Senator Leahy, Senator Bingaman, Senator Coleman, 
Senator Salazar, Senator Stabenow, Senator Clinton, Senator Lugar, 
Senator Harkin, Senator Smith, Senator Kohl, Senator Dayton, and 
Senator Corzine.
  The PRESIDING OFFICER. The clerk will report the motion.
  The bill clerk read as follows:

     The Senator from Rhode Island [Mr. Reed] moves that the 
     managers on the part of the Senate at the conference on the 
     disagreeing votes of the two Houses on the House amendments 
     to the bill S.1932 (to provide for reconciliation pursuant to 
     section 202(a) of the concurrent resolution on the budget for 
     fiscal year 2006 (H. Con. Res. 95)) be instructed to insist 
     on a provision that makes available $2,920,000,000 for the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
     et seq.), in addition to the $2,183,000,000 made available 
     for such Act in the Departments of Labor, Health and Human 
     Services, and Education, and Related Agencies Appropriations 
     Act, 2006, for the following reasons:
       (1) High energy prices threaten to overcome low-income 
     households in the United States. On average, households 
     heating their homes primarily with natural gas will likely 
     spend 38 percent more for home energy this winter than last 
     winter. Households heating their homes primarily with heating 
     oil will likely spend 21 percent more for home energy this 
     winter than last winter. Households heating their homes 
     primary with propane will likely spend 15 percent more for 
     home energy this winter than last winter. For many low-income 
     households, including households with individuals with 
     disabilities or senior citizens living on fixed incomes, 
     those price increases will make home energy unaffordable.
       (2) An appropriation of $2,920,000,000 would bring funding 
     for the Low-Income Home Energy Assistance Act of 1981 for 
     fiscal year 2006 to $5,100,000,000, the amount authorized in 
     section 2602(b) of the Low-Income Home Energy Assistance Act 
     of 1981 (42 U.S.C. 8621(b)), as amended by the Energy Policy 
     Act of 2005, for fiscal year 2006.
       (3) In the United States, no family should be forced to 
     choose between heating its home and putting food on the table 
     for its children. No senior citizen should have to decide 
     between buying lifesaving pharmaceuticals or paying the 
     senior citizen's electric bill.

  Mr. REED. Mr. President, I have very little to add to what Senator 
Collins said. Her remarks were compelling and eloquent. With the 
increase in prices, with the severity of the winter which is already 
upon many parts of this country, Rhode Island, and particularly Maine, 
it is obvious we need more funds just to keep what we were able to do 
last year. In fact, even if we are successful--and I hope we are--in 
authorizing the full allocation of $5.1 billion, there will still be a 
significant number of Americans who qualify for the program who will 
not be able to receive any type of help this winter. So this is an 
important step, but it is certainly not a complete solution to the 
problem of low-income people struggling to heat their homes.
  As the Senator also pointed out so accurately, there is a real 
dilemma. Many families will have to give up food to heat their homes, 
and they will have to make other sacrifices. This is an extraordinary 
burden and particularly so this winter because of the huge increase in 
heating costs and the severity of the weather that is predicted for the 
region.
  There has been some suggestion, or objection, I should say, to our 
proposal on several grounds. There is a suggestion that we have been 
inconsistent in what we have asked for. Last September, Senator Collins 
and I authored a letter, and we were joined by 40 of our colleagues, 
for an increase of about $1 billion. Forty-three Senators, including 
myself and Senator Collins, wrote to the Appropriations Committee. What 
we were asking for was allocation of emergency funding, funding that 
would go to the President so that at his discretion he could identify 
areas of the country under severe conditions and make allocation of 
these funds.
  What we are talking about today is fully funding the State grant 
program. One of the reasons it is essential to fully fund the State 
grant program at the level of about $5.2 billion is because of the 
complexity of the formulas. Unless we fully fund this program, many of 
the States that are in the most dire circumstances won't receive 
funding.
  Essentially, what happens is there is a front loading of funds to the 
areas of the country that are affected by winter, but as the funds in 
LIHEAP increase, appropriations and allocations go to areas of the 
country--the Southwest, the Southeast--that have problems in the 
summertime and need cooling assistance. The irony would be if we 
increase money but do not really increase it to the full level, we 
would be

[[Page 28212]]

funding--and I think it is appropriate to do that--States that are not 
affected by the winter and providing very little for the States such as 
Wisconsin, Maine, New Hampshire, and others that need the heating 
assistance today. So that is the rationale underlying our request.
  I point out that we have brought this issue to the floor on numerous 
occasions, and we have had the support of a majority of the Senators on 
both sides of the aisle and across the country. This is not a regional 
issue; this is a national issue. This is not a Republican or Democratic 
issue; this is a bipartisan issue. We have had that support because the 
majority of our colleagues recognize the reality. Prices are up, the 
temperature is down. People are going to suffer if we do not act.
  There has also been a suggestion that this is inappropriate because 
it is not offset by cuts in other programs. Well, I would hasten to add 
that in the next few weeks we are going to consider many programs and 
funding requests that are not offset. Today, if one reads the 
newspapers, the Pentagon is preparing about a $100 billion supplemental 
request for funding in Iraq and Afghanistan. That may come down; it may 
go up. No one is proposing that we not consider that because it will 
not be offset by cuts in other programs. I think we are going to see, 
at least in the House version of the tax reconciliation bill, 
significant tax cuts which I believe are not offset. I think we should 
move to a balanced budget. I think we should take the tough steps that 
we took in the 1980s. I came here as a Congressman in January 1991, and 
we were running huge deficits every year. It took us a while. It was 
under the leadership of President Clinton that we were able to reverse 
that.
  At the end of the 1990s, in the year 2000, we were looking at a 
projected surplus. Lo and behold, it is now the year 2005, and we are 
back into annual deficits and a projected deficit over many years 
before us. So we can do it, but I suggest those are not strong 
arguments to stop us from doing what we have to do today to help people 
who really will suffer if we do not take appropriate action.
  I hope my colleagues would join Senator Collins and I--and again I 
would point out that this is a bipartisan, broadly based group of 
Senators who are coming together to make a simple request that I think 
is compelling, given the obvious reality, huge increase in prices, 
falling temperatures, people who will give up eating to heat their 
homes, people who will take drastic steps. Unfortunately, we read about 
it every winter in our part of the country, Senator Collins and I, 
where they turn the stove on at night, they go to sleep, and there is a 
fire, an explosion, a terrible tragedy. They are just trying to keep 
warm. We can help them. I hope we will.
  I am pleased and proud to be doing this with my colleague and friend, 
Senator Collins from Maine.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Thune). Without objection, it is so 
ordered.
  Mr. COBURN. Mr. President, I wanted to take a few minutes to just 
kind of talk a little bit about the process of the end of the year here 
in the Senate and something that I do not think is healthy for the 
American people. It is certainly not healthy for the Senate, but in the 
long run it is not healthy for our country.
  I have thought a lot about this, considering the campaign I went 
through to become a U.S. Senator. The theme that keeps recurring in my 
mind is that we are all Americans. There are multiple parties, there 
are differences within parties, there are conservative Republicans, 
liberal Republicans, conservative Democrats, liberal Democrats, but we 
are all Americans. If there ever was a time our Nation required 
leadership instead of partisanship, it is now.
  We are on an absolutely unsustain-
able financial course. We have heard great criticisms today, not by a 
member of any party but by a person who chooses to make those 
criticisms of the direction it is trying to go in terms of trying to 
get us off that unsustainable course. It kind of grieves me for our 
country that we lack the leadership to stay focused on what is 
important for the country and instead focus on what somebody else does 
wrong or is perceived to do wrong.
  We can have tremendously intelligent and respectful debate that is 
directed toward a difference of opinion about issues. But the problems 
that face this country today are greater than any in my lifetime. This 
last year, we charged to our children and our grandchildren $528 
billion. That $528 billion is how much the debt grew last year. It is 
going to require absolutely zero partisanship over the next 20 years in 
this country for us to try to attack the structural problems that are 
going to undermine the future opportunities of our children.
  I am reminded of history because Franklin Delano Roosevelt, facing a 
similar situation to what we have right now in our country, cut out 
three of his most favorite programs and cut discretionary spending by 
22 percent so he could do what was right for the next two generations.
  I worry we lack that foresight, or if we do not lack it, we place 
partisan political positioning and elections that are coming ahead of 
the best interests of our Nation.
  We have heard about cuts. We have heard about taxes. We have heard 
about all sorts of things, described in a way so you would think 
anybody who believed opposite of that would just be terrible. That is 
not the truth. It is not anywhere close to the truth. Anybody who is a 
Member of this body cares immensely about this country. They just 
differ about how they want to go about getting to a solution.
  If we have half a trillion dollars that we added to our children's 
debt this year and we are on a course, with Medicare, Medicaid, Social 
Security, and interest on the national debt--by the way, which nobody 
ever speaks of, which is the fourth largest item and will soon become 
the largest item--if we do not have the desire and the will to work 
together as loyal opponents, with the best interests of our country at 
heart, taking the partisanship out of it--nobody is bad, they just have 
a different idea.
  I hope as we wind up the Senate year that we will keep in mind that 
what I believe to be true throughout the country and that is that 
country is nauseated by partisanship. It doesn't build our country, it 
tears our country down. It doesn't promote unity, it promotes division, 
it promotes polarization, and our problems are so great that we ought 
to be following the advice of John Kennedy. We ought to be following 
the advice that says: Don't ask what your country can do for you, ask 
what you can do for your country.
  If there is ever a time that we needed to be doing that, both as 
Members of the Senate and as citizens of this country, it is now. The 
numbers that face us in the future--a war in Iraq, the devastation on 
the gulf coast, and a structural deficit--require that we have a shift, 
and the shift is that we look to the long run, that we don't try to 
gain the short run, and that we do what is in the best interests of the 
country, and the first thing we do that is in the best interests of the 
country is to put partisanship aside.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HARKIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be dispensed with.
  The PRESIDING OFFICER (Mr. Coburn). Without objection, it is so 
ordered.
  Mr. HARKIN. Mr. President, if I might inquire of my friend and 
colleague from Louisiana, I know she is preparing to speak. Might I ask 
about how long she may speak? I have a speech. I ask unanimous consent, 
after the Senator from Louisiana finishes

[[Page 28213]]

speaking, that I be recognized for up to half an hour.
  The PRESIDING OFFICER. Is there objection?
  Ms. LANDRIEU. I thank the Senator. I will probably speak for about 15 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




   USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005--
                           CONFERENCE REPORT


                             Cloture Motion

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of the conference report to accompany H.R. 
3199, the PATRIOT Act, and I send a cloture motion to the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The cloture motion having been presented under rule XXII, the Chair 
directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of Rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the Conference 
     Report to accompany H.R. 3199: The U.S. PATRIOT Terrorism 
     Prevention Reauthorization Act of 2005:
         Chuck Hagel, Jon Kyl, John McCain, Richard Burr, Conrad 
           Burns, Pat Roberts, John Ensign, James Talent, C.S. 
           Bond, Johnny Isakson, Wayne Allard, Norm Coleman, Kay 
           Bailey Hutchison, Mel Martinez, John Thune, Jim DeMint, 
           Jeff Sessions, Bill Frist, Arlen Specter.

  Mr. FRIST. Mr. President, we will be very brief. I know we have two 
of our colleagues on the floor prepared to speak.
  What we have just done is turn to the conference report on the 
PATRIOT Act, a vitally important piece of legislation, that in 
bipartisan way our colleagues have addressed, in a bicameral way, and 
it is now our intention to address the PATRIOT Act, discuss it over the 
course of, I am sure, later this evening as well as tomorrow.
  Because we were unable to come to a unanimous consent agreement to 
address this bill in a limited amount of time, in an appropriate amount 
of time, and then to vote up or down on the bill, I filed a cloture 
motion, and that cloture vote will actually be Friday morning. I will 
have more to say about that.
  Let me briefly turn to my distinguished colleague, who is chairman of 
the Judiciary Committee, who has put together, again in a bipartisan 
way with a lot of negotiation and compromise over the long period of 
time, a bill that, as we all know, has passed the House of 
Representatives earlier today with I believe 44 Democrats voting for 
the PATRIOT Act in the House of Representatives, a bill that we now 
will be addressing on the floor of the Senate.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I shall be brief. I know two Senators are 
waiting to speak.
  I congratulate the House of Representatives for approving the 
conference report by a significant margin.
  I thank the majority leader for moving ahead procedurally with filing 
of the cloture motion. There have been a number of public statements 
made by Senators about an intention to filibuster. We are obviously at 
the conclusion of our work and we want to proceed. I am advised by the 
distinguished majority leader that this conference report will be on 
the floor tomorrow.
  I urge my colleagues to come to the Senate to debate the issue. It is 
a complicated bill. I addressed it at some length the day before 
yesterday with a floor statement, moving into the critical areas. 
Yesterday, Senator Feingold and I had an opportunity to discuss the 
bill for almost an hour. It is valuable for our colleagues to know the 
details as to what is in the bill. That can be best accomplished by an 
interchange of ideas, those who have objections stating them, and 
hearing the responses so that we may fulfill our responsibility as the 
world's greatest deliberative body. I look forward to that exchange and 
debate.
  I believe it is an acceptable bill, a good bill, not a perfect bill. 
I am prepared to go into detail. I have talked to many of my colleagues 
one on one, individually, and I have found, understandably, because of 
the complexity of the bill, that many of its provisions are not fully 
understood as to what they mean and what the import is and why we have 
come to this.
  Ideally, I would like to have seen the Senate bill go through 
unanimously, passed by the Judiciary Committee 18 to 0, and then on the 
unanimous consent calendar here, which is, I think, unprecedented for a 
bill of this magnitude. But we have a bicameral system, and we 
conferred at length with our colleagues in the House of Representatives 
and are presenting the conference bill, which I submit is a good bill 
that I am prepared to advocate tomorrow.
  I urge those who want to speak to come to the Senate tomorrow morning 
when we take up the bill and have a constructive debate so our 
colleagues may be informed about the contents and vote on the cloture 
motion in a timely way and hopefully move forward to consideration on 
an up-and-down vote.
  I thank my colleagues from Louisiana and Iowa for yielding this time.
  Mr. FRIST. Mr. President, let me very briefly close in stating my 
strong support for the legislation, the substance of the legislation, 
but also underscore the importance of this Senate acting on this 
legislation. I encourage our colleagues who have talked about 
filibuster to do exactly what our distinguished chairman has talked 
about, and that is look at the substance of the bill. A lot of changes 
and modifications have been a product of compromise and negotiation and 
have been put into the bill. It is very strong in terms of issues such 
as terrorist financing and protection of our ports and addressing 
issues surrounding mass transit and privacy and personal liberties.
  This bill does present us with a stark and clear choice: Should we 
take a step forward, which we have an opportunity to do in the next 
several days, or take a step backwards in that goal to make America 
safer? It does expire on December 31. The PATRIOT Act expires on 
December 31, but the terrorist threat does not.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana is recognized.
  Ms. LANDRIEU. Mr. President, I begin as my leader is in the Senate to 
say the bill they most certainly have presented for our consideration 
is one that needs attention and needs deliberation. The PATRIOT Act is 
a very important part of the security of our Nation. We can debate the 
inside and pieces of it, but I strongly suggest to the leadership that 
protecting America is more than just the chapters and statutes related 
to the PATRIOT Act.
  Protecting America is about protecting patriots in the gulf coast, in 
Louisiana, in Mississippi--not just citizens who are patriots, taxpayer 
citizens, hard-working citizens who have come to believe the notion 
that in America they are safe, or should be safe, and if disaster does 
strike, the government, with the private sector and with their own 
effort, will be there to help.
  What about the patriots on the gulf coast who are veterans 
themselves, the 400,000 veterans in Louisiana, the 250,000-plus 
veterans in Mississippi--just for two States that were affected--men 
and women who have put on the uniform, served their time, true 
patriots. What are we doing to secure their homes, their schools, their 
churches?
  I suggest to the leadership that while the PATRIOT Act itself has 
many pieces of what helps make America secure, it is one piece but not 
the only piece. We should most certainly not be comfortable leaving 
here without securing the homes and businesses and dreams of average 
Americans, patriots, on the gulf coast.
  As I speak for just a few minutes this afternoon, it has been over 
100 days since two of the deadliest storms hit the coast of America: 
Katrina and Rita, Katrina on the southeastern part of Louisiana, on the 
Mississippi section as well, and Rita, just a little over a

[[Page 28214]]

week later hitting the southwest part of Louisiana and Texas counties 
as well.
  As the days and weeks have unfolded and as there have been 
investigations and hearings and committees that have looked into what 
happened, I suggest it was not just a natural disaster that led us to 
this point but a manmade disaster.
  The Times-Picayune, the major newspaper in New Orleans, and other 
papers in the region, have written extensively on this subject. I ask 
unanimous consent that this article, ``Evidence Points to a Man-Made 
Disaster,'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the Times-Picayune, Dec. 8, 2005]

                  Evidence Points to Man-Made Disaster

         (By John McQuaid, Bob Marshall and Mark Schleifstein)

       As investigators and residents have picked through the 
     battered New Orleans levee system's breaches, churned-up soil 
     and bent sheet pile in the 100 days since Hurricane Katrina 
     struck, they have uncovered mounting evidence that human 
     error played a major role in the flood that devastated the 
     city.
       Floodwall breaches linked to design flaws inundated parts 
     of the city that otherwise would have stayed dry, turning 
     neighborhoods into death traps and causing massive damage. In 
     other areas, poorly engineered gaps and erosion of weak 
     construction materials accelerated and deepened flooding 
     already under way, hampering rescue efforts in the wake of 
     the storm.
       These problems turned an already deadly disaster into a 
     wider man-made catastrophe and have made rebuilding and 
     resettlement into far tougher and more expensive challenges.
       That's the picture that emerges from investigations of the 
     levee system by teams sponsored by the state government, the 
     American Society of Civil Engineers and the National Science 
     Foundation, as well as from dozens of interviews with local 
     residents, officials and engineers.
       Experts say the New Orleans flood of 2005 should join the 
     space shuttle explosions and the sinking of the Titanic on 
     history's list of ill-fated disasters attributable to human 
     mistakes.
       The evidence points to critical failures in design and 
     construction, as well as a lack of project oversight and 
     responsibility that allowed small problems to metastasize 
     into fatal errors. Twisted lines of authority led to cursory 
     inspections, communications snafus and even confusion about 
     such basic information as wall dimensions.
       Outside engineers, political leaders and many New Orleans 
     residents now question the judgments and even the once-
     unassailable competency of the Army Corps of Engineers, which 
     had final authority over the system. The corps and some of 
     the same firms involved in the original design and 
     construction of the levees are spearheading the effort to 
     repair the system and already are planning to build stronger 
     protections.
       Sen. David Vitter, R-La., who sits on two Senate committees 
     investigating the levee failures, says the U.S. system for 
     building flood defenses is broken. The corps, he said, should 
     be overseen by outsiders who can ensure it will do the job 
     right.
       ``We need a new model, a new structure, a new process to 
     get this done which has to include outside, independent 
     review of the corps by outside, independent engineering 
     experts,'' he said.


                           ``The best minds''

       The levee flaws also raise troubling questions about the 
     integrity of flood defenses elsewhere.
       ``Everybody who has a levee out the back door now has to 
     look out and wonder, is this going to fail? Was it designed 
     right?'' said Steve Ellis, vice president of Taxpayers for 
     Common Sense, a Washington fiscal watchdog group critical of 
     the corps' priorities.
       Corps spokesman David Hewitt said the agency has several 
     experts and engineers from outside agencies, private firms 
     and academia to aid its investigation. ``We are determined to 
     find out exactly what happened both in the technical 
     engineering and the planning and execution process so that we 
     can prevent another occurrence,'' Hewitt said. ``We are 
     engaging the best minds and professional expertise in this 
     important effort.''
       Engineers say most structures that fail do so not because 
     they're hit by overwhelming forces, but because of flaws that 
     creep in unnoticed during design, construction and upkeep. A 
     paper published this month by Robert Bea, an engineering 
     professor at the University of California at Berkeley who is 
     studying the levee failures, concluded that 80 percent of 600 
     structural engineering failures he studied in the past 17 
     years were caused by ``human, organizational and knowledge 
     uncertainties.''
       Bea said everything he has seen about the New Orleans levee 
     system so far tells him it belongs in that category.


                       Not as good as advertised

       The levee system's design dates to the 1950s, when 
     understanding of hurricane risks and flood dynamics was 
     primitive compared to today. The system was never built to 
     take a hit from the most powerful hurricanes, storms in 
     Categories 4 or 5 on the Saffir-Simpson scale. The levees 
     were designed by congressional mandate to fend off floodwater 
     heights--up to about 11 or 13 feet, depending on location--
     that Category 1 or 2, and some Category 3 storms would kick 
     up.
       But the investigations show that the levees did not live up 
     even to that billing. When Katrina's storm surge rolled in 
     from the Gulf of Mexico before dawn Aug. 29, the huge dome of 
     water followed a path up the Mississippi River and then along 
     the Mississippi River-Gulf Outlet into Lake Borgne.
       In a matter of hours, the sheet of water--reaching 25 feet 
     high at some locations--moved relentlessly north and west, 
     pouring over the tops of and eroding large stretches of 
     levees surrounding Chalmette, clearly exceeding their design 
     capacity.
       When the surge reached New Orleans' southern edge along the 
     Gulf Intracoastal Waterway, it caused as much as five miles 
     of the 17.5-foot tall levee there to disappear, creating a 
     back door for water into eastern New Orleans.
       Water pushed west through the waterway into the Industrial 
     Canal, where it met water already rising from storm surge 
     that had entered Lake Pontchartrain. The water topped levees 
     on both sides of the canal, causing walls to fail on the east 
     side, flooding the Lower 9th Ward, and leaking through 
     smaller levee breaks and a pump station on the west side, 
     flooding the rest of the 9th Ward.


                           Breaches by design

       Later that morning, as surge rose in Lake Pontchartrain, 
     floodwalls along the 17th Street and London Avenue canals 
     breached, even though the water was well below their tops. 
     Investigators say those breaches shouldn't have happened. 
     Observational data and computer modeling indicate that storm 
     surge entering the canals from the lake reached heights 
     ranging from 9 to 11 feet in the 17th Street Canal and 11 to 
     12 feet in the London Avenue Canal. The walls were 13.5 feet 
     high or higher along much of the two canals and were designed 
     to withstand water rising to 11.5 feet.
       Investigators say the walls broke when floodwater, pushing 
     through the soft, porous earth under the steel sheet pile 
     foundations, started moving the soil. In the 17th Street 
     Canal, one breach opened on the east side, and in the London 
     Avenue, two breaches occurred. Water poured into the 
     Lakefront area and moved south, inundating much of central 
     New Orleans over the course of the day and night.
       Engineers say some systemic design problem--not merely a 
     localized fluke--caused the breaches because walls gave way 
     in two canals and some walls appear to have been close to 
     breaching at other points.
       While it's easy to second-guess after a disaster, outside 
     engineers say the depth of the sheet pile foundation appears 
     too shallow. A survey by Team Louisiana, the state-sponsored 
     forensics group, found--and the corps confirmed last week--
     that the sheet pile depth was about 10 feet below sea level 
     in the breached areas at both canals, much shallower than the 
     18.5 foot below-sea-level depth of the canals and 7 feet 
     shorter than the corps thought.
       Modjeski & Masters, the firm that designed the 17th Street 
     canal wall, said last week it had initially recommended a 35-
     foot depth for the piling on the 17th Street Canal, then 
     shortened it at the corps' behest, but the firm offered no 
     documentation to back the claim.


                            Soil and safety

       It's still unclear exactly what went wrong, though 
     engineers suggest the soil's resiliency was overestimated.
       New Orleans soil is swampy and mushy, with alternating 
     layers of peat, clay and sand. Along the length of a 
     floodwall it varies wildly in consistency and strength. Along 
     both canals, a layer of peat--the weakest and spongiest of 
     soils--lies directly under breaches a few feet below the base 
     of the sheet pile. Along the London Avenue Canal, coarse sand 
     underlay the peat and now lies throughout nearby residential 
     yards and homes, another layer of weakness, the engineers 
     said.
       ``Those are the kinds of subsurface conditions that lend 
     themselves to having weak pockets or stronger pockets, and 
     Mother Nature will always find the weak pockets,'' said 
     Joseph Wartman, a Drexel University geotechnical engineer 
     studying the levee failures. ``What makes levee design and 
     engineering so challenging is you can have a system that's 
     many, many miles long and you only need the weakest 150 feet 
     to rupture for the whole system to fail.''
       Another factor in the breaches, one with national 
     implications, is the low safety factor used in constructing 
     the levee banks and floodwalls. A safety factor is a kind of 
     cushion that engineers include in a structure's design to 
     ensure it can withstand all the punishment it's designed to 
     take, plus a little more.
       Corps standards for levees and floodwalls date back 
     decades, officials say, and were intended to protect sparsely 
     populated areas, not cities and billions of dollars of 
     infrastructure. The safety factor of 1.3 used in the

[[Page 28215]]

     designs is significantly lower than those used in structures 
     with similarly large-scale tasks of protecting lives and 
     property.
       With data from soil borings spaced at more than 300-foot 
     intervals along the canals, engineers could develop only a 
     fragmentary picture of what is underground. They were 
     supposed to account for that uncertainty. That is typically 
     done by raising the safety factor or by making conservative 
     estimates of soil conditions.
       Team Louisiana investigators said last week that based on 
     new calculations, they think engineers working for 
     contractors Eustis Engineering and Modjeski & Masters 
     miscalculated the depths of the 17th Street Canal walls. The 
     team has not yet released detailed findings. University of 
     California engineers say the designers might not have 
     accounted for storm surge's effects on the soil.
       According to project and court documents, those designs 
     were reviewed and approved by corps engineers.
       It's not clear yet whether additional factors such as cost-
     cutting or specific on-site construction problems contributed 
     to the levee breaches, but the failures can also be linked to 
     a chain of political and managerial decisions.
       The corps originally proposed building floodgates at the 
     mouth of each canal--and at the mouth of the Orleans Canal 
     that runs along the west side of City Park--to block surge. 
     But local officials, including those at the Orleans Levee 
     Board and New Orleans Sewerage & Water Board, insisted on 
     building floodwalls because floodgates would have made it 
     difficult to pump water out during a storm. Engineers say the 
     obvious, though expensive, solution is to build pumping 
     stations at the lakefront rather than miles inland.
       A 1980s-era Sewerage & Water Board dredging project in the 
     17th Street Canal next to the breached area left the Orleans 
     Parish canal-side levee wall much narrower than that on the 
     Jefferson Parish side. Investigators say that change probably 
     contributed to the failure of the wall.
       Pittman Construction, the contractor that built the 17th 
     Street Canal wall, ran into trouble driving sheet piles in 
     1993. When the concrete tops to the walls were poured, 
     documents show, the walls tipped slightly. Though the corps 
     attributed this to Pittman's methods, not the site 
     conditions, and a judge agreed, some engineers say the 
     difficulty they encountered was an early warning sign.


                           What lies beneath

       Meanwhile, state and local officials have admitted they 
     generally skipped the canal floodwalls in annual inspections 
     of levees--and the levees they did inspect were examined in a 
     cursory fashion.
       Though necessary, visual inspections are of limited use. 
     Absent an obvious problem like water bubbling to the surface, 
     most levee problems go on out of sight, meaning a system's 
     problems can go undetected for years without a more 
     aggressive inspection program that includes probing beneath 
     the surface with soil sampling, sonar or other methods.
       ``It looks perfect from the outside. It looks in good 
     shape. Even if you had a 10-man crew walking along there 
     every day, you would not have seen the problem,'' said Jurjen 
     Battjes, a retired professor of engineering from the 
     Technical University of Delft, Netherlands, who is on an 
     American Society of Civil Engineers panel reviewing the 
     corps' investigation.
       To the east, assessing the levee system's performance is a 
     more complicated task. Water flowed over levees and 
     floodwalls along the Industrial Canal, Gulf Intracoastal 
     Waterway and Mississippi River-Gulf Outlet. In many spots, 
     the water scoured out earth along the dry side and the walls 
     gave way.
       In general, engineers say that once a levee is topped, its 
     structural integrity cannot be guaranteed. But the speed with 
     which many of the walls breached or eroded and the large 
     scope of the damage have alarmed investigators. The outer 
     levee along the Mississippi River-Gulf Outlet protecting St. 
     Bernard Parish and the levee along the north side of the Gulf 
     Intracoastal Waterway protecting part of the Lower 9th Ward 
     were all but washed away by the storm, for example.
       Engineers say that if a wall is sturdy enough to remain in 
     place while water flows over it, flooding will be minimized, 
     lasting only until the surge drops. When a breach opens, 
     adjacent neighborhoods basically become part of nearby 
     waterways and the scale of the flooding is many times 
     greater.


                           The funnel effect

       One source of the scouring and multiple breaches is 
     actually a corps policy, dictated by Congress. Corps 
     officials say they are not allowed to put rip-rap, concrete 
     or other forms of scour protection on the dry side of levees. 
     Doing that anticipates flood level higher than the walls are 
     designed for, which is beyond the corps' mandate for Category 
     3 protection.
       A report published last month by the American Society of 
     Civil Engineers and National Science Foundation teams 
     identified other unanticipated weaknesses in the levee 
     system. Builders used weak, sandy soils in the now-
     obliterated St. Bernard Parish hurricane levee, and that 
     likely contributed to its rapid destruction. In areas where 
     two different levee sections came together, investigators 
     found many awkwardly engineered transitions that allowed 
     water through.
       A much larger problem lies in the overall design of the 
     levees along the city's southeastern flank. Unlike areas 
     fronting Lake Pontchartrain, southeastern areas are more or 
     less directly exposed to waters from the Gulf, and hurricane 
     floods are more likely to strike there and rise higher when 
     they do.
       The levee system forms a V-shape where the MR-GO and 
     Intracoastal Waterway meet. That acts as a giant funnel, 
     driving water heights even higher and channeling storm surge 
     directly into canals leading into the city.
       Computer modelers have complained for years that the corps 
     had underestimated the risk to those areas, and former corps 
     modeler Lee Butler estimated the actual risk was double the 
     corps estimate in a 2002 study done for The Times-Picayune. 
     The corps only recently announced it will stop dredging the 
     MR-GO.


                          Waiting for answers

       It will take months, and possibly years, to arrive at a 
     detailed assessment of what went wrong and assess 
     responsibility, engineers familiar with the situation say. 
     Investigators must determine not only why individual wall 
     sections failed, but they also must trace the roots of 
     decisions, untangling overlapping responsibilities of the 
     corps, private contractors and local agencies. A federal 
     interagency team investigating the system won't make its 
     report until June. A National Research Council team is only 
     now being formed.
       So far, the scope of the disaster, and the human element 
     central to it, have only begun to sink in among political 
     leaders and agency heads, including the corps, which is at 
     the center of all the inquiries. The corps has declined to 
     comment on the causes of the levee failures, pending the 
     outcome of its own studies.
       People familiar with the agency say the disaster means 
     things might never be the same.
       ``In the old days the corps used to get criticized for 
     being way too conservative in their designs,'' said Don 
     Sweeney, a corps economist for 22 years who left after 
     exposing irregularities in the agency's economic impact 
     statements and now teaches at the University of Missouri. 
     ``They would design a structure with a safety factor of 4 or 
     5. They did have that reputation of building things with 
     integrity that were built to last. And if they said it was 
     built to do something, it would do it.''

  Ms. LANDRIEU. I also ask unanimous consent to have printed in the 
Record ``Corps' Own Study Backs Critics of Levee Engineering.''
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          Corps' Own Study Backs Critics of Levee Engineering

                [From the Times-Pacayune, Dec. 10, 2005]

                         (By Mark Schleifstein)

       An internal review by the Army Corps of Engineers supports 
     most of the criticisms leveled against the New Orleans area 
     levee system by an independent team of engineers, including 
     questions about soil strength, levee maintenance and whether 
     the system was built as designed.
       In a Dec. 5 interim report released Friday, the Interagency 
     Performance Evaluation Task Force said its conclusions 
     already have been passed on to engineers who are working to 
     restore the levee system to its authorized protection level 
     before it was overwhelmed by Hurricane Katrina, flooding more 
     than 70 percent of the city.
       ``The IPET team vigorously agrees that everything possible 
     should be done to reconstitute an effective and resilient 
     flood protection system for the New Orleans area,'' the 
     report said.
       While the level of protection is still limited by past 
     congressional authorizations to the equivalent of a fast-
     moving Category 3 hurricane, the report said the task force 
     will evaluate the risk and reliability of that system.
       ``This will provide a clearer perspective of the overall 
     performance capacity of the system for use by individuals and 
     governments in their decision making,'' the report said.
       The task force concurred with the independent engineers 
     from the American Society of Civil Engineers and the National 
     Science Foundation that the failure of levee walls at the 
     17th Street and London Avenue canals were likely caused by 
     failures in the foundation soils beneath them. The engineers 
     also have noted that sheet piling beneath the walls was too 
     short to properly support the walls.
       The independent engineers said soft peaty soils under the 
     17th Street levee and a combination of soft peat and sand 
     beneath the London Avenue levees allowed water from the 
     canals to push the walls and earth beneath them out of the 
     breach areas, allowing water to flood into much of the city.
       ``Extensive observations by a number of teams found no 
     signs of major overtopping of these systems at the breach 
     sites,'' the report said, pointing to a structural failure of 
     the floodwalls at those sites.

[[Page 28216]]




                           Analyzing failures

       The corps task force is studying a variety of other factors 
     that also may be involved in the failures at those two 
     canals:
       The potential for differences between how the levee and 
     floodwall structures were built and the plans and 
     specifications that were supposed have guided their 
     construction.
       Properties of soil layers beneath the levees to a depth of 
     60 feet below sea level.
       The kinds of soil materials, including whether they were 
     natural deposits or were compacted properly to remove 
     moisture and be more dense.
       Whether the soil layers included tree stumps or other 
     organic materials.
       The way the soil may have coped with the forces imposed by 
     Katrina's wind and water.
       The effect of trees, swimming pools and other objects in 
     nearby back yards that may have affected the levee strength.
       How close the levee failures were to bridges, and whether 
     the connection between them was adequate.
       Whether operations and maintenance practices by the corps 
     and individual levee boards differed from the corps' 
     Operations and Maintenance Manual.
       The task force said it had found evidence that scour, 
     probably from water going over the top of the levee, occurred 
     along the London Avenue Canal at the southeast corner of its 
     intersection with the Robert E. Lee bridge, near a part of 
     the wall that looks deformed. That levee section is directly 
     across from a breach.
       Damage near a pump station at the southern end of the 
     Orleans Canal also appears to indicate water topped the levee 
     wall there, the report said.
       Along the levee walls of the Industrial Canal and along 
     earthen levees on the Gulf Intracoastal Waterway and 
     Mississippi River-Gulf Outlet, Katrina's storm surge went 
     over the top, causing scouring or in some cases simply 
     washing away large parts of the levees, the report said.
       At the Industrial Canal, the water pouring over the wall 
     scoured the levee on what was supposed to be the protected 
     side of the I-shaped levee wall.
       ``The erosion appeared to be so severe that the sheet piles 
     may have lost all of their foundation support, resulting in 
     failure,'' the corps report said.


                       Protecting back of levees

       The task force also agreed with the independent engineers 
     that those designing repairs to the levee systems should 
     consider ways of protecting the back sides of levees from the 
     effects of water scour in the event another major hurricane's 
     storm surge tops the levees.
       Officials with the corps' Task Force Guardian, which is in 
     charge of the rebuilding effort, already have said they plan 
     to use more protective inverted-T levee walls in the 17th 
     Street and London Avenue canals where breaches occurred. 
     Water topping such a wall would splash down on a concrete 
     strip before running off.
       The investigative task force also said the use of erosion 
     protection, including riprap, concrete mats or slabs, or 
     paving, should be considered in areas where erosion by waves 
     and surge are possible. The report said additional study is 
     under way into where structures in the levee system are most 
     likely to sustain unusually large surge and wave conditions.
       And the report recommended using stronger clay soils in 
     building levees ``to improve their survivability chances.''
       The investigative task force also recommended that in 
     rebuilding, more effort should be put into assuring that 
     connections between different types of protective systems--
     such as walls and earthen levees--be better designed.
       ``A common problem observed throughout the flood protection 
     system was the scour and washout found at the transition 
     between structural features and earthen levees,'' the report 
     said. Similar problems occurred where ``penetrations,'' such 
     as streets or railroad tracks, went through levee structures, 
     the report said.
       The task force also agreed with the independent engineers' 
     conclusion that a lack of access to the land side of levees 
     and levee walls, such as found along the canals in New 
     Orleans, led to major problems for emergency personnel 
     attempting to make repairs.
       In the aftermath of Katrina, corps contractors had to build 
     a road behind homes along Bellaire Drive to reach the 17th 
     Street canal breach.
       Corps officials told the Orleans Levee Board this week that 
     they expect to expand the canal levee walls' rights of way by 
     15 feet to build an access road.


                          Looking for weakness

       The task force also recommended that corps officials 
     undertake an in-depth investigation of the area's levees to 
     determine where other weaknesses might lie.
       ``Detailed inspection of the entire hurricane protection 
     system using appropriate remote sensing, surveying, 
     inspection and investigation techniques and equipment 
     implemented and analyzed by properly trained and experienced 
     professionals is recommended to identify those structures 
     that have been weakened but have little visual evidence of 
     degradation,'' the report said.
       The corps task force held off on agreeing with a 
     recommendation from the independent engineers to keep sheet 
     piles in place along bridges on the northern end of the 17th 
     Street and London Avenue canals so they could be easily 
     plugged in advance of a storm during the next hurricane 
     season.
       That decision will require further study, the report said.
       The report said it was outside the task force's authority 
     to concur with the independent engineers' recommendation that 
     the corps should retain an independent board of consultants 
     to review the adequacy of interim and permanent repairs.
       The report points out that Katrina's sustained winds were 
     at 147 mph when it crossed the Louisiana coast early Aug. 29.
       ``The sustained wind speeds for the standard project 
     hurricanes used to design many of the flood protection 
     structures in and around New Orleans were in the neighborhood 
     of 100 miles per hour,'' the report said. ``While wind speed 
     alone is not a complete measure of the surge and wave 
     environments experienced by specific structures, it is a 
     clear indicator of the level of the forces to which the 
     system was subjected.''
       According to National Weather Service records, the highest 
     winds recorded in the immediate New Orleans area were gusts 
     of 105 mph at Lakefront Airport and Belle Chasse Naval Air 
     Station. But much higher wind speeds were believed to have 
     occurred in eastern New Orleans and St. Bernard and 
     Plaquemines parishes, which were directly in the path of 
     Katrina's eye.
       The report said the task force is conducting an analysis of 
     Katrina's surge and wave effects in Lake Borgne and the rest 
     of the New Orleans area so the data can be used in 
     determining the forces acting on levees and floodwalls 
     throughout the area.

  Ms. LANDRIEU. The point is, this was not just a natural disaster, it 
was a manmade disaster. One of our columnists captured it correctly. 
You could almost argue, based on the evidence that is in, independent 
evidence, that it was a Federal Government-sponsored disaster.
  Let me repeat, these are strong words: A Federal Government-sponsored 
disaster because it was the Corps of Engineers, the failing of a 
sophisticated and supposedly a strong levee system that failed, that 
put a major American city underwater 10 to 15 feet for 2 weeks and 
flooded a region, with multiple levee breaks in an urban area.
  It has never happened in the recent hitory of America. It has not 
happened since the great floods of 1927 when the Mississippi system was 
designed. It is written and documented beautifully in John Barry's 
book, ``Rising Tide.''
  We have a natural disaster of unprecedented proportion coupled by a 
manmade disaster of neglect, poor design, faulty design, and no telling 
what else will be discovered. This is the result. These are homes that 
resulted. A hurricane did not do this. Katrina did not do this. Rita 
did not do this. We did this. The Federal Government sponsored this 
disaster by not securing and supporting the levee system, by not 
engineering it properly, and this home that is in Chalmette, which is 
in St. Bernard Parish which lost almost every home in the parish. This 
is why I say we shouldn't go home because people in St. Bernard, in St. 
Tammany, in Orleans, in Vermilion, in Cameron, in Calcasieu, in 
counties along the Mississippi gulf coast from towns such as Biloxi and 
Waveland, this is what their homes look like.
  Let me show another picture. The sun is shining, but it is not a 
happy time for the family that lived in this home. This could have been 
done from a hurricane, from wind damage. There may or may not have been 
flooding in this home. I am not sure if this was on the gulf coast, but 
I can promise, hundreds of thousands of homes along the gulf coast 
looked like this.
  What our delegation has said with the rising voices of the 
Mississippi delegation, as well as the Louisiana delegation, without 
action, homes are going to stay looking like this for months, if not 
years.
  I do not know how to express any more clearly that what we have done 
to date is wholly insufficient. FEMA, on its best day, being led by the 
finest executive you could find in the country, is not designed to meet 
the challenges of this kind of disaster. Let me repeat, on its best 
day, with the finest executive we could find, it is not designed to 
meet this disaster. So when people continue to say, and legislators and 
Congressmen, ``Well, we have sent $62 billion to FEMA. We have done 
enough,'' I, please, want to plead with my colleagues and the citizens 
of our Nation, do not confuse sending money

[[Page 28217]]

to FEMA with giving help to homeowners, businesses, large and small, in 
Mississippi and Louisiana. Please do not confuse that. They are two 
separate things. You can send money to FEMA and then maybe cross your 
fingers to see if any of that money gets to solve this problem.
  This is a picture I have used a lot because it reminds me of my own 
grandmother who had a camp a lot like this. There is virtually nothing 
left of the camp we owned. But this is typical of senior citizens 
throughout the gulf coast. This would be what most of our grandparents 
and parents are going to do this holiday. This picture--it really is 
one of the most heart wrenching, moving pictures, and I have seen 
thousands of them.
  What does this woman do? FEMA is not enough to help. That is why I 
have said we are going to slow this process down. I know people are 
anxious to get home for the holidays. I know this is not the only issue 
before America. But it goes to the heart of what homeland security is 
about--or should be about. If you cannot be secure in your own 
hometown, if you cannot be secure in your own home, if you cannot be 
secure when you are kneeling in your own church or when you are in your 
own business, where can you be secure? I am not suggesting we are 
powerful enough to stop hurricanes, but I am suggesting we should be 
smart enough and powerful enough to mitigate against their damage, to 
prevent manmade disasters by underinvestment in civil works systems 
that are important for the growth of the country, and men and women 
enough when the disaster does happen to step up and think outside the 
box and do something that actually helps people. So I am not anxious to 
go home because the people I represent do not have any homes to go home 
to.
  Now, this next picture is not as dramatic a picture, but it will tell 
you the story. In the South, we have been talking about Hurricane 
Andrew since it hit. I think it was in 1992. Yes, here it is, 1992. 
Hurricane Andrew in the South is like a legend. People talk about 
Camille, they talk about Betsy, but then everybody says: Andrew. It hit 
Florida. It did not hit us, but a lot of our people went over to 
Florida to help. We remembered Andrew. We saw pictures of Andrew for 
months, and we did everything we could to try to help in Florida. And 
it was the worst, costliest storm ever to hit.
  Can I show you what Katrina is? This is not even counting Rita. For 
Katrina, insured losses are twice--twice--that of Hurricane Andrew. And 
this is not even showing the costs for Rita. It could be triple the 
costliest storm in the history of the United States. It is not because 
the hurricanes were really maybe as bad. And maybe they were equal. But 
this differential is about a levee break in an urban area, putting 
200,000 homes underwater and uninhabitable, and 18,000 businesses.
  I believe, if I am not wrong about Hurricane Andrew, we lost 28,000 
homes. That is a lot of homes. Think about a town with 30,000 people. 
That is a pretty big-sized town. Think about every home in the town 
being destroyed. That is a very terrible tragedy. We had 205,000 homes 
totally destroyed, uninhabitable, from Katrina. These are not homes 
with blue tarps on the roof until the roofer can come in, with people 
in the kitchen; these are homes that you cannot stay in for more than 5 
minutes or maybe an hour or two to clean up. There is no water. There 
is no electricity. There is mold. There is mildew. People are gutting 
their homes, basically sitting on slabs. That is 205,000 homes totally 
destroyed. Mississippi had 68,000 homes totally destroyed, we had 
205,000 homes totally destroyed, for a total of almost 300,000 homes--
poof--gone, destroyed. That is not damaged. That is not thousands of 
homes that have a tree through the roof or the porch fell off or there 
was water in the kitchen and the appliances do not work but you can 
sleep in the bedroom and just kind of wait for the kitchen to get back. 
These are 300,000 homes gone.
  Many of them did not have insurance because they were not required to 
because our laws were not written correctly to require them to. They 
were sitting in high places, in places that had never flooded before. 
And they looked up, and because our levee system failed, they have lost 
their house, they have lost their business, they have lost their 
financial future. Their children are not going to college. Their kids 
are not in the school. They are not worshiping in their church. And we 
are sitting around here passing 100 bills that have nothing to do with 
helping them.
  Yes, this chart is what I was looking for. Sometimes I cannot keep 
numbers in my head and sometimes I can. There were 28,000 homes lost 
from Andrew. Charley, Frances, Ivan, and Jeanne--we still talk about 
those hurricanes. They were terrible hurricanes and 27,000 homes 
destroyed. Look at Katrina--275,000 homes destroyed.
  Now, this graph is why we are struggling to a point where I just 
cannot quite describe that if we do not get some real help real soon, 
this region is not going to be able to stand back up. Now, we will 
eventually--I will get to that point in a minute--but it is going to be 
very difficult. We lost 18,752 businesses in Louisiana alone. 
Mississippi lost close to 2,000. Let me repeat: 18,000 in Louisiana, 
2,000 in Mississippi.
  Now, I am not saying this to minimize what happened to the gulf 
coast. As I have shared with Senators with whom I serve, I grew up on 
the gulf coast. I love Pass Christian probably as much as they do, but 
they had 2,000 businesses destroyed. But when levees break in a major 
city, this is what happens. This is virtually every small business or a 
large part of the small businesses in the metropolitan area.
  Now, we stand up here in this Senate all the time and say: Small 
business is the backbone of our economy. Please, let's help small 
business. Could somebody tell me how FEMA is actually going to stand up 
these 18,752 businesses that pay taxes, that were patriots, that played 
by the rules, paid their employees? These are not big corporations. We 
only have one Fortune 500 company. But we have a lot of good people who 
worked hard to build those businesses, and--poof--they are gone. Some 
of them had insurance, but some of them did not.
  So we put in a bill 7 weeks ago. Olympia Snowe and John Kerry passed 
a bill almost unanimously in the Senate. It is sitting somewhere 
because we just cannot get out of the box enough to help these people. 
We have to go through the same old regular process that is not working. 
And last time I checked, under the administration's proposal, we had 
processed a grand total of six--six--six--GO Loans in Louisiana. I have 
18,000 businesses gone, and we processed 6 GO Loans last week.
  When I suggest we have been about as patient as we can be, that is 
why we may be staying here through Christmas.
  The system is not working. Business owners are losing everything they 
worked for, not in one lifetime, three lifetimes--grandfather, father, 
son, or grandmother, daughter, granddaugh-
ter, 60, 70 years, businesses gone. And this Congress can't figure out 
how to help these businesses. But we are building infrastructure in 
Iraq. We are building businesses in Iraq, but we can't help our own 
American businesses.
  Political allies of the White House have said that more has been 
accomplished than any other American disaster including 9/11. The claim 
cannot be justified. That claim is inaccurate. It is not valid. It 
cannot be substantiated. It is not justified under any objective 
criteria. What might be true is that we have sent more money through 
FEMA to try to help, but it is anemic. It is not functioning well. And 
the money is not getting to the people who need it.
  That is why Senator Cochran and Senator Byrd have stepped up with a 
reallocation and said: OK, we hear you Louisiana. We hear you 
Mississippi. Let's not add any money, but let's take $30 billion of the 
FEMA money, since it is sitting in a bank account not being used, and 
move it over, give it to our Governors with community development block 
grants, full accountability, full flexibility.

[[Page 28218]]

  We will send you some money, $6,000 per child for your education, 
because the schools took these children in. They knocked at the door. 
The schools took our children in, 370,000. They were never asked if 
they could pay. They have been educating these children for 6 months. 
The Federal Government has yet to give one of these school systems in 
Houston or Baton Rouge or Lafayette or Jackson, MS, one penny for 
taking these kids in. I don't know, do we expect schools that are 
having trouble anyway to take in children and educate them for free? 
They have added teachers, classrooms, and the Federal Government sits 
here giving money out right and left through every door as fast as it 
can get out, and we can't give money to school systems educating kids 
whose homes flooded and whose parents have no business anymore.
  Senator Cochran has put that in his bill, mostly for Louisiana. We 
don't think that we have to keep saying that if we don't get better 
levees, not only can we not rebuild our city and region, but it would 
be morally the worst thing that could be done not to help people feel 
safe and protected as they make decisions to go back. We have put a 
substantial amount of money in the budget with Senator Cochran's 
proposal for category 3 real levee protection and a downpayment on 
category 5 which is essential to us as we rebuild. With the community 
development block grant, the Governors, along with our parish 
presidents and municipal officials, can take that money and fashion it 
to help match private sector donors, to help supplement insurance 
payments, to help with some strategic housing initiatives and begin 
getting tools and capital and money out in these communities in the 
right ways to help stand them up.
  We have to argue about this, not adding money to the budget, 
reallocating FEMA, and yet we are still arguing with the House on the 
total amount. Maybe they don't want to do 17, so we are down to this or 
that.
  This week we cannot leave until we pass a Cochran-Byrd reallocation 
of the President's supplemental. With all due respect to the 
administration, the supplemental that was sent to us was a bill of $17 
billion, except for some serious levee money which I thank the 
administration for. I thank the administration for putting that money--
I think it was $1.6 billion--in their original request. We appreciate 
it. But the rest of the money in that bill was basically to refurbish 
Federal facilities.
  I want to show again the picture of the lady. This is what I want to 
refurbish. I understand we have to refurbish Federal facilities. I know 
that Federal bureaucracies are important. But this is where we are 
trying to get the money, to citizens such as this woman who have worked 
hard their whole life, raised their family, never asked anybody for too 
much. Now they are sitting in a house with nothing. This is whom we are 
trying to help. We are trying to get money to the private sector, to 
private property owners, not to refurbish Federal Government buildings. 
So Senator Cochran took that bill and said: If you want to help 
refurbish Federal buildings, fine, but we need to add money to help 
citizens, patriots, business owners in our States.
  I sure hope we can do that because it will be a shame if we do not.
  I want to add a quote from Governor Haley Barbour. There has been a 
lot of discussion about Mississippi's approach and Louisiana's 
approach. But pain has a way of bringing people together.
  Governor Barbour said yesterday:

       We are at a point where our recovery and renewal efforts 
     are stalled because of inaction in Washington, D.C., and the 
     delay has created uncertainty that is having a very negative 
     effect on our recovery and our rebuilding.

  If this is coming from Governor Barbour, who is part of the party in 
power and was head of the Republican Party for many years, who lost a 
fraction of the homes that we lost, how do you think the people of 
Louisiana are feeling about the stalled recovery effort and the 
desperation as they see Congress winding down for the holidays? They 
ask: Why aren't people in Washington understanding what we are going 
through?
  I want to read for the Record an appropriate and moving quote, right 
on target as far as I am concerned, from Vanity Fair in November. It 
says:

     . . . when the damage is this catastrophic, the people so 
     helpless, the government so weak and clumsy, we expect it to 
     take place somewhere else--on the coast of Sri Lanka or 
     Bangladesh, for instance--somewhere distant and more poor. . 
     . . We do not expect to see our government so impotent and 
     indifferent that it is completely paralyzed . . .

  I know the men and women with whom I work. I don't find them to be 
incompetent or paralyzed. I believe they are sensitive and smart and 
intelligent people. What is it that is keeping us in this Congress from 
understanding FEMA isn't working. The Red Cross is not sufficient. 
People are suffering. New tools are needed. Let's get about helping 
people here at home.
  There has been some unbelievable debate about whether New Orleans 
should be rebuilt. Our city has been there for 300 years. Thomas 
Jefferson leveraged the entire Treasury to buy the city of New Orleans 
because of its strategic advantage, which was true then. It is true 
now. Andrew Jackson took his troops and defeated the British to protect 
it in 1815 because it is the greatest port system in America. It is 
America's only energy coast. You can't have a great nation without 
protecting your Southern border. You can't have great trade. What 
thought of anyone would be that we can't rebuild New Orleans in the 
region of south Louisiana after we have given so much to this economy? 
We are not a charity case. We need help, we need respect, and we need a 
partner.
  We will rebuild New Orleans and south Louisiana and the gulf coast of 
Mississippi. The people have spoken, and the spirit is strong. We may 
not have houses to live in or businesses to go to, but the people who 
have lived in this part of the world are strong people. We are Black 
and White, Hispanic, different socioeconomic levels, but we have lived 
there. The question is, Will we have a partner in the Federal 
Government? This week we will see if we have a partner.
  Let's get on to the business of getting these bills passed. We will 
be slowing it down until we do.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
  Mr. FEINGOLD. Mr. President, is there a speaker designated to go 
next?
  The PRESIDING OFFICER. The Senator from Iowa is previously designated 
to follow the Senator from Louisiana.
  Mr. FEINGOLD. In light of the fact that the Chair indicated that the 
Senator from Iowa is to be next, I ask unanimous consent that I may 
speak next, and that I may use as much time as I may require.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Iowa is recognized.


                           Childhood Obesity

  Mr. HARKIN. Mr. President, over the last several years, we have 
repeatedly heard alarming reports about the rising tide of overweight 
and obesity in the United States, particularly among young children. 
Over the past two decades, the rate of obesity has doubled in children 
and tripled in adolescents. Fifteen percent of the children in this 
country are now overweight. In fact, the United States has a higher 
percentage of overweight teens than any other industrialized country.
  This comes at a high price for our country, both in terms of the 
long-term physical health of our citizens and the enormous health care 
costs our Nation faces. Just last week, the Institute of Medicine of 
the National Academy of Sciences released a new report: ``Food 
Marketing to Children and Youth; Threat or Opportunity?''
  The report focused on one big factor that contributes to the 
childhood obesity epidemic: the relentless multibillion-dollar 
marketing of junk food to our children. This landmark report is the 
most comprehensive and systematic review to date of the impact of food 
marketing on the diets of American youth. Its conclusions are 
troubling, but they hardly come as a surprise to parents who know well 
the effects of food marketing on their children.
  In a nutshell, the Institute of Medicine concluded that there is 
strong scientific evidence that food marketing

[[Page 28219]]

influences food preferences, the purchases and diets of children age 12 
and below. Even more important, the Institute of Medicine confirms what 
many had suspected before, that ``television advertising influences 
children to prefer and request high-calorie and low-nutrient food and 
beverages.''
  Let me just read two sentences from the executive summary. I am 
quoting directly from the Institute of Medicine's finding:

       It can be concluded that television advertising influences 
     children to prefer and request high-calorie and low-nutrient 
     foods and beverages.

  That is a key finding. Next, on the broad conclusions: Food and 
beverage marketing practices geared to children and youth are out of 
balance with healthful diets and contribute to an environment that puts 
their health at risk.
  There you have it. Now, 2 years ago, I requested this study to be 
done. We put money in the appropriations bill for the CDC to do the 
study. They contracted with the National Academy of Sciences and the 
Institute of Medicine to do the study. This is an unbiased landmark 
study. It proves conclusively that our kids are being inundated nonstop 
with advertising that puts their health at risk.
  The food industry is a $900 billion-a-year business. It spends 
billions of dollars promoting food products, much of it targeted at 
kids. The IOM report is important because it outlines in great detail 
how over the past decade advertising directed at our children has grown 
to a point where they are bombarded nonstop with ads. Indeed, food 
marketing has expanded in both intensity and variety into nearly all 
areas of kids' lives.
  The food industry spends more than $11 billion a year targeting kids 
with marketing campaigns through television, movies, magazines, 
Internet, in-school marketing, kids clubs, toys, coupons, and product 
placement in movies and books. Marketing to kids has become so 
pervasive and sophisticated that over the past several years marketing 
firms have even begun to employ child psychologists who specialize in 
this field to help devise their strategies.
  On the advice of these psychologists, advertisers make use of media 
fantasy figures, celebrities, and cartoon characters. They use messages 
crafted to imply that products will give kids power, make them popular. 
The aim is simply to exploit kids' imaginations and their 
vulnerabilities and to sell them products or to get them to nag their 
parents to buy certain products.
  What kind of foods are they marketing to our kids? We are not talking 
about apples and pears and peaches and broccoli and carrots. We are 
talking about high-fat, high-sugar, high-sodium foods with little or no 
nutritional value.
  The food industry contends it is concerned about the health and 
nutrition of our children, and that it is taking active steps to change 
its marketing practices to introduce new products that are healthier 
for our children. But is that really the case?
  In limited instances, the industry has taken some positive steps. For 
example, in the past year, both Kraft Foods and Pepsico have announced 
they will take steps to curb the marketing of unhealthy food products 
to children, and instead focus on the promotion of healthier products. 
I have commended publicly, and I do so again today on the floor of the 
Senate--both Kraft and Pepsico for taking a leadership position in this 
area.
  But here is the problem. This Institute of Medicine report is clear 
that such responsible actions are far from the industry norm. As you 
can see from this chart, the number of new products that the food 
industry has targeted to kids have gone up tenfold over the past 10 
years, from around 50 to just under 500 in 2004--500 new products per 
year--not apples, not salad bars. According to the Institute of 
Medicine, these 500 products are high in calories and sugar and low in 
nutrients. This is what dominated those products.
  Let's take a look at some of the examples of what is happening to our 
kids. Many advertisements for junk food snacks use characters popular 
with children. Here is one. They range from Spiderman to Sponge Bob 
Square Pants. Kids know these characters. They admire these characters. 
Quite frankly, when I saw ``Shrek 1'' and ``Shrek 2,'' I kind of liked 
Shrek. He became a loveable, nice guy who wanted to do good. Now what 
do we see? Here is Shrek advertising Twinkies, green Twinkies with a 
green filling.
  Now Shrek has a powerful appeal to kids' minds. Kids see the movie 
Shrek and they like Shrek. And Shrek, why, he likes Twinkies, so 
Twinkies must be OK to eat. That is what that message says.
  What do we know about Twinkies? The nutritional value is zero, 
harmful to kids' health.
  Shrek now becomes a bad guy trying to get our kids to eat unhealthy 
food. Shame on the advertisers who take a likable, loveable character 
when he was first introduced to kids in the movies and now using Shrek 
to poison our kids. I use the word ``poison'' because that is what this 
food does, it poisons our kids by making them obese and unhealthy.
  Then what you can do when you see this ad, you can visit 
twinkies.com. I will show that a little bit later in my presentation.
  It is not just limited to television. Food marketing has gone on in 
numerous ways that we are just beginning to explore. The Institute of 
Medicine report was shocking. One thing--I didn't know this--only 20 
percent of all food and beverage marketing in 2004 was devoted to the 
traditional methods of television, radio, and print. Only 20 percent. 
Eighty percent is going to new forms of marketing--product promotions, 
character licensing, school marketing.
  At one time, our schools were considered safe havens for our kids, 
places of learning that insulated our kids from crass commercial 
influences. No longer is that the case. Our schools have been inundated 
with commercial messages that are now a major advertising medium that 
these food companies are using to establish brand loyalty and to get 
kids to eat junk food.
  Here is a photograph of a hallway in a high school. You have the Coke 
machine, you have a POWERade machine. You have a vending machine with 
potato chips, Fritos, cookies, candy bars, M&M's. Nothing in this 
entire display is of any nutritional value. That is what is happening 
in schools.
  Let's not forget that a lot of these food marketing companies have 
exclusive contracts with schools and school districts to link the sale 
of soda pop to cash payments or equipment assistance to schools. These 
are the very foods that are making our kids obese, contributing to 
their unhealthy lifestyles.
  I often ask parents, What would you think of a parent who sat down 
with his or her child before they went to school in the morning and 
measured out 15 teaspoons of sugar, put it in a little plastic bag and 
told the kid: Here, you can take this to school and eat it. Or, on 
second thought, measure out 30 teaspoons of sugar, give it to the kid 
and say: Here, take this to school and eat it. You would think no 
parent would ever do that. But some children to buy two soda pops every 
day and two of those 20-ounce soda pops will have 15 teaspoons of sugar 
each. One 20-ounce soda pop equals 15 teaspoons of sugar. That is why 
others call this liquid candy. A 20-ounce Coke, liquid candy, that is 
all it is, 15 teaspoons of sugar.
  Why do we allow this? Why do we allow this in our schools? It is 
sending a message to our kids that this is OK? It is in school, it is 
promoted by the schools, so it must be OK. That is a new marketing 
technique they have.
  Now we have other techniques such as branded toys and new marketing 
techniques aimed at babies? Hang on, wait until you see this one: A 
baby with a 7-Up bottle. Here is a baby being nursed on a bottle that 
has a 7-Up logo on it. One might say, well, that baby can't buy 7-Up. 
No, but that baby's eyes are picking up things. When that baby gets 
older, that is going to be stuck in that baby's mind somewhere in the 
deep recesses, that was good because what that baby got out of that 
bottle was good healthy milk, formula probably. And now they are going 
to associate that with 7-Up. Imagine that, that early in life.

[[Page 28220]]

  You think that is bad, hang on, you haven't seen anything yet. Look, 
before I put this picture up here, let's agree on one thing. We all 
agree--I know the occupant of the Chair and I bet he agrees with this, 
being a doctor--that the most beneficial, nutritious food for a newborn 
baby is a mother's milk, breastfeeding. We all know that breastfeeding 
is the best, and any doctor will tell you if you are capable, you ought 
to breastfeed your child.
  Now look what we have here: A billboard with a baby breastfeeding on 
a McDonald's Burger. That just about borders on the obscene. It can't 
get any worse. I understand this did not run in the United States, but 
it ran on billboards in Europe. Here is a baby, obviously less than a 
year old supposedly breastfeeding on a McDonald's hamburger bun. Not 
only does this ad imply that fast food is a developmentally appropriate 
product for infants, it suggests that fast food is an appropriate 
replacement for the nutrition of breastfeeding, which is the perfect 
form of nutrition for babies.
  Equating a McDonald's hamburger with breastfeeding, while it might be 
intended to be humorous, is no laughing matter. It sends very subtle 
messages that breastfeeding is nutritious and so are McDonald's 
hamburgers.
  Now we have other ways of marketing. I tell you, these are 
psychologists who devise these ads. They know what they are doing. How 
about the candy counting books? Here we have ``Reese's Pieces Count by 
5,'' ``Hershey's Subtraction'' book, the ``Skittles Riddles Math'' 
book, the ``Twizzlers Percentage'' book, the ``Hershey's Fraction'' 
book, and the ``Hershey's Kisses Addition'' book.
  Here is where I am going to pay tribute again to Kraft Foods. On this 
floor periodically in the past I have shown the Oreo counting book. 
Kraft Foods discontinued that practice. Kraft Foods does not allow that 
any longer. God bless them; good for Kraft Foods.
  But here is the problem: You get one company who actually acts 
responsibly, and look what the rest of them do. They move into the 
marketplace and take market share away with their counting books.
  Again, 2-year-olds, 3-year-olds learn with counting books--Hershey's, 
M&M's, and Reese's Pieces. I don't have it here, but I saw one counting 
book where you lay it out and you actually put the M&M pieces on there, 
and when you count one, you get to eat that one piece, and when you 
count two, you get to take the two pieces of M&M's off and eat those 
two, until you get to 10 M&M pieces. Junk food, building brand loyalty 
early.
  Then we have toys. How about the toys? It is an emerging trend that 
puts the food on the toy so you don't just get it for 30 seconds, you 
get it all the time you play with your toys.
  Here we have a Coca Cola princess, whatever, a cheerleader. We have a 
Jell-O Barbie. We have a McDonald's Barbie.
  So little kids play with these and they build that brand loyalty. 
They play with a Barbie wearing a McDonald's logo or a Jell-O or a 
Little Debbie brand. That is what we have come to, where kids are 
inundated day after day not with just 30-second ads but with everything 
they play with, everything they see. Now they go to school, and they 
see the same thing in school. This is a recent innovation. It was not 
like this 20 years ago.
  Now we have the Internet, which is becoming a growing segment of the 
food marketing industry. Remember, I said earlier that Shrek urges 
children to visit twinkies.com, well, here you go. If one goes to 
twinkies.com, they go to Planet Twinkie. At Planet Twinkie, there are 
all of these little interactive things, visit the Twinkie shop, the 
Hostess Hall of Fame, the chocolate and cupcakes and snowballs. That is 
Planet Twinkie.
  So a kid sees Shrek, Shrek says: Visit my Web site, visit 
twinkie.com.
  Well, again, what are they saying to kids? They are saying: Eat junk 
food. It is fun and it is an adventure just to eat junk food and eat 
Twinkies and to eat candy and stuff, and it is good for you. And guess 
what, it will make you smart because we do it in school; you go there 
to school to learn, so since we do it all in school it makes you smart, 
too.
  So when one looks at all of these marketing techniques together, 
television, schools, product tie-ins, promotions, the Internet, branded 
baby products, what we are seeing is that the food marketers seek to do 
nothing less than envelop our children every day during all of their 
waking hours in a commercial environment that encourages them to eat 
unhealthy food.
  For years the food marketers have been saying: One cannot really 
prove that food marketing influences children's diets. Not anymore. 
With this study, food marketers can no longer say that food marketing 
does not influence children's diets. The evidence is quite clear that 
marketing has a negative influence on children's food preferences and 
on their diets.
  Some might say: Well, that is obvious. The food industry does not 
spend $11 billion a year on marketing to kids because it does not work, 
because they want to throw that money away. They spend it because it 
works brilliantly, inducing children to purchase it themselves or to 
beg, whine, and cajole their parents into buying it for them.
  Some might say: What about the parents' responsibility? Parents 
should be responsible, but parents' control is being eroded. Food 
marketers are inserting themselves between parents and their kids. 
Their control is being eroded in the face of a highly sophisticated 
billion-dollar industry. This is not a level playing field.
  Again, what can we do? Someone who has been listening to me might 
say: Well, OK, Harkin, what can you do? That is the way business works. 
What can we do about it?
  There is plenty we can do about it. The IOM report makes 
recommendations on what we ought to do. First, they say the industry 
needs to exhibit a greater level of corporate responsibility. Amen. 
Some of them have. But here is the problem: If it is not industrywide, 
one food company may do something good such as Kraft did, got rid of 
the Oreo cookie counting book. So what happens, their competitor moves 
in with other counting books. So it has to be industrywide.
  IOM calls for sweeping change in the way the food industry, the 
beverage industry, the fast food restaurant industry, the media, and 
the entertainment industries do business. They call on all of those 
industries to use the same creativity, resources and marketing 
practices that they currently use to sell junk food to instead promote 
healthier diets for kids. They call on the food companies to change the 
products they advertise as well as the products they produce. They say 
that business as usual has to change and has to change now.
  I hope corporate America is listening because if they do not change, 
then we in Congress will make them change. Almost 25 years ago, the 
Federal Trade Commission warned Congress about the dangers of 
advertising aimed at children. What did Congress do? We attacked the 
FTC and took away its regulatory authority as it pertains to children's 
ads.
  In 1978, the FTC undertook an investigation and found that TV 
advertising directed at young children was both unfair and deceptive. 
They found that the advertising of high sugar foods to children is 
unfair and deceptive. They suggested that restrictions on ads directed 
at the young and vulnerable minds might be appropriate. But the 
broadcast industry went nuts. The food industries went nuts. The 
advertisers went nuts, and they got Congress to kill the messenger.
  In 1981, this Congress stripped the Federal Trade Commission of its 
regulatory authority as it pertained to children's advertising. It 
expressly prohibited the Federal Trade Commission from following 
through on its proposals to ban or restrict advertising directed at 
children. This new law made it next to impossible to regulate 
advertising directed at kids. It is a little known fact that right now 
the FTC has more authority to regulate advertising at me and you and 
adults than it does to our kids, and here is how it does that.
  There are two ways the Federal Trade Commission can regulate 
advertising: If it is unfair or deceptive.

[[Page 28221]]

  In 1981, this Congress cut off one arm of the FTC in regulating 
advertising to kids. The FTC can only regulate advertising to kids if 
it is deceptive, not if it is unfair. Interesting point. One might say: 
Well, an advertisement of junk food is not deceptive, but is it unfair? 
It is, according to the Institute of Medicine because the Institute of 
Medicine said that kids lack the cognitive ability to discern between 
advertising, persuasive intent advertising and a program.
  It stands to reason, if one is a young kid, they do not understand 
what advertising is all about. They get inundated with all of this, and 
it makes an impression on them, sticks with them, but they do not 
understand this is advertising. That is what the Institute of Medicine 
says. This is a medical report.
  So I submit that any advertising that advertises high-calorie, high-
in-fat junk food to kids that has no nutritional value, that is 
inherently unfair because kids do not understand the intent. Forget 
about deceptive. It is unfair. It may not be unfair to adults, since we 
understand what advertising is about--we should have that ability--but 
it is to kids. That is why we need to give the Federal Trade Commission 
the authority to regulate advertising to children both on unfairness 
and deceptiveness, as it does to adults. I want to point out, in 
closing, that I have introduced legislation to give FTC that authority.
  In addition, the IOM talks about Government responsibility. It says 
that:

       Government at all levels should marshal the full range of 
     public policy approaches (e.g., subsidies, legislation, 
     regulation, federal nutrition programs), to foster the 
     development and promotion of healthful diets for children and 
     youth.

  It says, ``Government and industry should work together to set higher 
standards for marketing to children.'' They called for changes in the 
school environment, to get rid of the junk food and the vending 
machines.
  When we come back next session, Senator Specter and I will introduce 
the Child Nutrition Promotion and School Lunch Protection Act. This 
legislation will, per the recommendation of the IOM, require the 
Department of Agriculture to update its nutritional guidelines for 
school food sales and ensure that the foods available to kids during 
the school day promote, rather than undermine, their health and 
learning.
  We in this Congress have a responsibility to protect America's 
children from the sophisticated, aggressive, relentless marketing of 
junk food to our children. We have a responsibility to stick up for our 
parents. Our parents don't have a chance when our kids are inundated, 
day after day, hour after hour, even in places where parents don't have 
control--in our schools, when they watch a movie, when they pick up a 
book, a counting book.
  I was in a school not too long ago, looking at some renovations in a 
school, an elementary school. Do you know what the kids had to sit on? 
Coca-Cola chairs; little chairs with the Coca-Cola legend, red and 
white, with Coca-Cola written on it. I assume that they donated the 
chairs to the school. But this is the idea, to get it into the kid's 
head early, that education and having a high sugar soft drink go hand 
in hand.
  Late in her life, Jackie Kennedy said a very wise thing. She said, 
``If you botch raising your children, nothing else you do in your life 
matters very much.''
  With what we now know, thanks to the IOM report, what we know about 
the destructive impacts of junk food marketing to the kids, with the 
new insights thanks to the Institute of Medicine, it is clear by 
allowing the food industry to market junk foods to our kids we are 
botching the raising of all of our children.
  Again, this is enough. This report makes it clear that it is time to 
say to those who are enveloping our kids in this sort of 24-hour-a-day, 
7-day-a-week nonstop advertising, that it is enough. Foods that are 
high in fat, sugar, and salt have their place. We all like to have a 
cookie. I enjoy a piece of candy as much as anybody else. They have 
their place. But they ought to be kept in their place--not in schools, 
not in advertising. They ought to be kept in their place and the place 
to start is with sensible, long overdue regulation of the advertising 
and marketing of junk food to children.
  I yield the floor.
  The PRESIDING OFFICER (Mr. DeMINT). The Senator from Wisconsin is 
recognized.
  Mr. FEINGOLD. On behalf of Senator Dodd, I wish to inform our 
colleagues that for health reasons Senator Dodd will necessarily be 
absent from Senate business for the remainder of the week. He thanks 
his colleagues for their courtesy and understanding.
  Mr. President, I commend my colleagues who came to the floor 
yesterday to discuss the PATRIOT reauthorization, and I thank Chairman 
Specter for initiating a very interesting debate with me when we were 
both on the floor. That is exactly the kind of dialog we want to see on 
the floor more often. I hope we will see a lot more of it over the next 
few days. The PATRIOT Act reauthorization conference report has come to 
the Senate and the Senate will be faced with a very important choice. I 
expect this debate will be lengthy and hard fought, so I wanted to take 
some time tonight to lay out the background and the context for this 
debate, and to discuss my concerns about the conference report with 
some specificity.
  Because I was the only Senator to vote against the PATRIOT Act in 
2001, I want to be very clear about something from the start. I am 
not--not--opposed to reauthorization of the PATRIOT Act. I supported 
the bipartisan compromise reauthorization bill that the Senate passed 
earlier this year, that had no Senator at all objecting. I believe the 
bill should become law. The Senate reauthorization bill is not a 
perfect bill, but it is a good bill. If that were the bill we were 
considering today, I would be on the floor speaking in support of it. 
In fact, we could have reauthorized the PATRIOT Act several months ago 
if the House had taken up the bill the Senate approved without any 
objections.
  I also want to respond to those who argue that people who are 
demanding a better conference report want to let the PATRIOT Act 
expire. That is actually nonsense. Not a single Member of this body is 
calling for any provision of the PATRIOT Act to completely expire. As 
Senator Sununu eloquently argued yesterday, just because we are coming 
up against the end of the year does not mean we should have to 
compromise the rights of law-abiding Americans. There are any number of 
ways we can get this done and get it done right before the end of the 
year.
  Let me also be clear about how we ended up voting on a badly flawed 
conference report just days before certain provisions of the PATRIOT 
Act expired. The only reason we are debating this conference report in 
the middle of December, rather than in the middle of September or 
October, is because the House--the House--refused to appoint its 
conferees for 3\1/2\ months. It passed its reauthorization bill on July 
21, but it did not appoint the conferees until November 9. In the 
Senate, on the other hand, we passed a bill by unanimous consent on 
July 29 and we appointed our conferees the very same day. We were ready 
and willing to start the process of resolving our differences with the 
House right away, leaving plenty of time to get this done without the 
pressure of the end-of-the-year deadline.
  So when I hear Members of the House already attempting to place blame 
on those of us in the Senate who object to this conference report, I am 
a little bit frustrated. If there is anyone to blame, it is the House 
leadership for playing a game of brinkmanship with this crucial and 
controversial issue. Senators who are standing strong for the rights 
and freedoms of the American people will not be at fault if parts of 
the PATRIOT Act expire.
  I also want to clear up one related misconception. I have never 
advocated repeal of any portion of the PATRIOT Act. In fact, as I have 
said repeatedly over the past 4 years, I supported most of the 
provisions of the bill. There are many good provisions in the bill. As

[[Page 28222]]

my colleagues know, the PATRIOT Act did a lot more than expand our 
surveillance laws. Among other things, it set up a national network to 
prevent and detect electronic crimes such as the sabotage of the 
Nation's financial sector, it established a counterterrorism fund to 
help Justice Department offices disabled in terrorist attacks to keep 
operating, and it changed the money laundering laws to make them more 
useful in disrupting the financing of terrorist organizations. One 
section of the PATRIOT Act even condemned discrimination against Arab 
and Muslim Americans.
  Even some of the act's surveillance sections were not troubling. In 
fact, one provision authorized the FBI to expedite the hiring of 
translators. Another added terrorism and computer crimes to the list of 
crimes for which criminal wiretap orders could be sought. And some 
provisions helped to bring down what has been termed ``the wall,'' the 
wall that had been built between intelligence and law enforcement 
agencies.
  This week we have heard a lot of people saying we must reauthorize 
the PATRIOT Act in order to ensure that this wall does not go back up. 
Let us make this clear. I supported and continue to support the 
information-sharing provisions of the PATRIOT Act. One of the key 
lessons we learned in the wake of September 11 was that our 
intelligence and law enforcement agencies were not sharing information 
with each other, even where the statutes permitted it. In the PATRIOT 
Act we tore down the remaining legal barriers.
  Unfortunately, the law was not so much a legal problem as a problem 
of culture and the report of the 9/11 Commission made that very clear. 
I am sorry to report that we have not made as much progress as we 
should have in bringing down those very significant cultural barriers 
to information sharing among our agencies.
  The 9/11 Commission report card that was issued last week gave the 
Government a ``D'' for information sharing because their agencies' 
cultures have not changed enough these 4 years after the change in the 
law in the PATRIOT Act.
  There is a statement issued by Chairman Kean and Vice Chairman 
Hamilton that explained:

       You can change the law, you can change the technology, but 
     you still need to change the culture. You still need to 
     motivate institutions and individuals to share information.

  So far, unfortunately, our Government has not met the challenge.
  Talking about the importance of information sharing, as 
administration officials and other supporters of the conference report 
have done repeatedly, is part of a pattern that started several years 
ago. Rather than engage in a true debate on the controversial parts of 
the PATRIOT Act, as Senator Specter did yesterday, unfortunately many 
proponents of the PATRIOT Act point to noncontroversial provisions of 
the PATRIOT Act and they talk about how important they are. They say 
this bill must be passed because it reauthorizes those noncontroversial 
provisions.
  That doesn't advance the debate. It just muddies it further. In fact, 
it is a red herring.
  I have news for those who would try to use that tactic. It won't 
work. We don't have to accept bad provisions to make sure that good 
provisions become law. I hope the Senate will make that lesson very 
clear this week.
  Tonight, I want to advance the debate, spend some time explaining my 
specific concerns about the conference report in some key areas. It is 
very unfortunate that the whole Congress could not come together, as 
the Senate did around the bipartisan compromise reauthorization bill. 
Back in July, the Senate Judiciary Committee, on which I serve, voted 
unanimously in favor of a reauthorization bill that made meaningful 
changes to the most controversial provisions of the PATRIOT Act to 
protect the rights and freedoms of innocent Americans. Shortly 
thereafter that bill passed the full Senate by unanimous consent. It 
was not easy for me to support that Senate bill which fell short of the 
improvements contained in the bipartisan SAFE Act.
  At the end of the day, the Senate bill contained meaningful changes 
to some of the most problematic provisions of the PATRIOT Act, 
provisions that I have been trying to fix since October of 2001. So I 
decided to support it. I made it very clear at the time, however, that 
I viewed that bill as the end point of negotiations, not the beginning. 
In fact, I specifically warned my colleagues that the conference 
process must not be allowed to dilute the safeguards in this bill. I 
meant it. But it appears that people either weren't listening or 
weren't taking me seriously.
  This conference report, unfortunately, does not contain many 
important reforms of the PATRIOT Act that we passed in the Senate. So I 
cannot support it. In fact, I will fight it with every ounce of 
strength I have. And I am delighted to be part of a strong bipartisan 
consensus that believes, as I do, that this conference report is 
unacceptable.
  Let me start with section 215, the so-called ``library'' provision, 
which has received so much public attention.
  I remember when the former Attorney General of the United States 
called the librarians who were expressing disagreement with this 
provision ``hys-
terical.''
  What a revelation it was when the chairman of the Judiciary 
Committee, the Senator from Pennsylvania, opened his questioning of the 
current Attorney General during his confirmation hearing by expressing 
his concern--the chairman's concern--about this provision of the 
PATRIOT Act. He got the Attorney General to concede that, yes, in fact, 
this provision probably went a bit too far and could be improved and 
clarified. That was an extraordinary moment. It was a moment, I am 
afraid, that was very slow in coming and long overdue.
  I give credit to the Senator from Pennsylvania because it allowed us 
to start having, for the first time, a real debate on the PATRIOT Act. 
But credit also has to go to the American people who stood up despite 
the dismissive and derisive comments of Government officials and said 
with loud voices: The PATRIOT Act needs to be changed. And these voices 
came from the left and the right, from big cities and small towns all 
across the country. So far, over 400 State and local governmental 
bodies have passed resolutions calling for revisions to the PATRIOT 
Act. I plan to read some of those revisions on the floor of the Senate 
in this debate, and there are a lot of them. Nearly everyone mentions 
section 215.
  Section 215 is at the center of this debate over the PATRIOT Act.
  It is also one of the provisions that I tried unsuccessfully to amend 
on the floor in October 2001.
  So it makes sense to start my discussion of the specific problems I 
had with the conference report with the infamous library provision.
  Section 215 of the PATRIOT Act allowed the Government to obtain 
secret court orders in domestic intelligence investigations, to get all 
kinds of business records about people, including not just library 
records but also medical records and various other types of business 
records. The PATRIOT Act allowed the Government to obtain these records 
as long as they were ``sought for''--that is all, ``sought for''--in a 
terrorism investigation. That is a very low standard. It doesn't 
require that the records concern someone who is suspected of being a 
terrorist or a spy, or even suspected of being connected to a terrorist 
or a spy. It didn't require any demonstration of how the records would 
be useful in the investigation.
  Under section 215, the Government simply said--this is fact--all the 
Government has to do is say the magic words, that it wanted records for 
a terrorism investigation, then the secret FISA court was required--
required--to issue the order, period. No discretion. The judge had to 
give the order.
  To make matters worse, recipients of these orders are subjected to an 
automatic gag order. They cannot tell anyone that they have been asked 
for the records.
  Some in the administration and even in this body took the position 
that people shouldn't be able to criticize these provisions until they 
can come up with a specific example of abuse.
  The Attorney General makes that same argument today in an op-ed in

[[Page 28223]]

the Washington Post when he simply dismisses concern about the PATRIOT 
Act by saying: ``There have been no verified civil liberties abuses in 
the 40 years of the Act's existence.''
  That has always struck me as a strange argument since 215 orders are 
issued by a secret court, a secret court. And people who receive them 
are prohibited by law from discussing them.
  In other words, the way the law is actually designed, it is almost 
impossible to know if any abuses have occurred. How would we find out? 
It is a secret court and nobody can talk about it.
  The Government should not have the kind of broad, intrusive powers it 
gave itself in section 215. And the American people shouldn't have to 
live with a poorly drafted provision that clearly allows for records of 
innocent Americans to be searched and just hope that the Government 
uses it with restraint.
  A government of laws doesn't require its citizens to rely on the 
goodwill and the good faith of those who have those powers, especially 
when adequate safeguards can be written into the laws without 
compromising their usefulness as a law enforcement tool.
  After lengthy and difficult negotiations, the Judiciary Committee 
came up with language this year that achieved that goal. It would 
require the Government to convince a judge that a person has some 
connection--some connection--to terrorism or espionage before obtaining 
their sensitive records. When I say some connection, that is what I 
mean.
  The Senate bill standard is the following: One, that the records 
pertain to a terrorist or a spy; two, the records pertain to an 
individual in contact with or known to a suspected terrorist or spy; 
or, three, that the records are relevant to the activities of a 
suspected terrorist or spy.
  That is a three-pronged test in the Senate bill. I think it is quite 
broad. I think it is more than adequate to give law enforcement the 
power it needs to conduct investigations but also at the same time 
protecting the rights of innocent Americans.
  It would not limit the types of records that the Government could 
obtain, and it does not go as far to protect law-abiding Americans as I 
might prefer, but it would make sure the Government cannot go on a 
fishing expedition into the records of innocent people.
  The Senate bill would also give recipients of a 215 order an 
explicit, meaningful right to challenge business record orders and the 
accompanying gag orders in court. These provisions passed the Senate 
Judiciary Committee unanimously after tough negotiations late into the 
night. Unfortunately, the conference report just did away with their 
delicate compromise.
  First and most importantly, it does not contain the critical 
modification to the standard for section 215 orders.
  The Senate bill permits the Government to obtain business records 
only if it can satisfy one or more prongs of the three-pronged test 
that I just described.
  This is a broad standard with a lot of flexibility. But it retains 
the core protection that the Government cannot go after someone who has 
no connection whatsoever to a terrorist or a spy or their activities.
  What does the conference report do? The conference replaces the 
three-pronged test with a simple relevant standard. It then provides 
the presumption of relevance if the Government meets one of the three 
prongs I just described.
  But it is silly to argue that this is adequate protection against a 
fishing expedition. The only actual requirement in the conference 
report is that the Government show that the records are relevant to an 
authorized intelligence investigation. Of course, ``relevance'' is a 
very broad standard that can arguably justify the collection of all 
kinds of information about law-abiding Americans.
  The three prongs now are just examples of how the Government can 
satisfy the relevance standard, and that is simply a loophole, or an 
exception that swallows the rule. The exception is the rule.
  In fact, a better way to say it is that this is actually a complete 
rule, and the exception has been rendered meaningless.
  I will try to make this as straightforward as I can. The Senate bill 
requires the Government to satisfy one of three tests. Each test 
requires some connection between the records and a suspected terrorist 
or spy. The conference report says that the Government only is required 
to satisfy a new fourth test, which is just relevance, which does not 
require a connection between the records and a suspect. So basically 
the other three tests no longer provide any protection at all.
  The conference report also does not authorize judicial review of the 
gag order that comes with a 215 order. While some have argued that the 
review by the FISA court of a Government application for a section 215 
order is equivalent to judicial review of the accompanying gag order, 
that is simply inaccurate. The statute does not give the FISA court any 
latitude to make an individualized decision about whether to impose a 
gag order when it issues a section 215 order. It is required by statute 
to include a gag order in every section 215 order. That means that the 
gag order is automatic and permanent in every case. This is a serious 
deficiency, one that very likely violates the first amendment.
  In litigation challenges, a semi-permanent national security letter 
statute, two courts have found first amendment violations because there 
is no individualized evaluation of the need for secrecy. I have these 
decisions right here; perhaps I will have a chance to read them in 
detail during the debate.
  I will discuss other provisions in the conference report that fail to 
adequately address the concerns expressed in this Senate and around the 
country about the PATRIOT Act. Section 215 is a linchpin of this 
debate. To keep faith with the American people and with our 
constitutional heritage, we have to address the problems with section 
215 in this reauthorization bill. There is no way around that.
  Let me turn next to a very closely related provision that has finally 
been getting the attention it deserves--the national security letter, 
or NSL, an authority that was expanded by sections 358 and 505 of the 
PATRIOT Act. This NSL issue has flown under the radar for years even 
though many of us have been trying to bring more public attention to 
it. I am gratified that we are finally talking about these NSLs, in 
large part due to a lengthy Washington Post story published last month 
explaining just what these authorities are and reporting that the use 
of these powers has increased dramatically.
  What are NSLs? Why are they such a concern? Let me spend a little 
time on this because it is important. National security letters are 
issued by the FBI to businesses to obtain certain types of records. 
They are similar to section 215 orders but with one very critical 
difference: The Government does not need to get any court approval 
whatever to issue that. It does not have to go to the FISA court and 
make even the most minimal showing. It simply issues the order signed 
by the special agent in charge of a field office or some other 
supervisory official. NSLs can only be used to obtain such categories 
of business records, while section 215 can be used to obtain ``any 
tangible thing.''
  Even the categories reachable by NSLs are broad. Specifically, they 
can be used to obtain three types of business records: subscriber and 
transactional information related to Internet and phone usage, credit 
reports, and financial records. That category has been expanded to 
include records from all kinds of everyday businesses such as jewelers, 
car dealers, travel agents, and even casinos.
  Just as with section 215, the PATRIOT Act expanded the NSL's 
authorities to allow the Government to obtain records of people not 
suspected of being or even connected to terrorists or spies. The 
Government need only certify that the documents are either sought for 
or relevant to an authorized intelligence investigation--a far-reaching 
standard that could be used to obtain all kinds of records about 
innocent Americans. Just as with section 215, the recipient is subject 
to an automatic permanent gag rule, and the conference report does very 
little to fix

[[Page 28224]]

the problems of the national security letter authorities.
  In fact, I disagree with the Senator from Pennsylvania, the chairman 
of this committee, on this point. In fact, I believe it could be argued 
that the conference report makes the law worse. Let me explain why.
  First, the conference report does nothing to fix the standard for 
issuing a national security letter. It leaves in place the 
breathtakingly broad relevant standard.
  Some have analogized NSLs to grand jury subpoenas issued by grand 
juries in criminal investigations to obtain records relevant to the 
crime they are investigating. So the argument goes, What is the big 
deal if NSLs are also issued under a relevant standard for intelligence 
investigations? Two critical differences make that analogy break down 
very quickly.
  First of all, the key question is, Relevant to what? In criminal 
cases, grand juries are investigating specific crimes, the scope of 
which is explicitly defined in the Criminal Code. Although the grand 
jury is quite powerful, the scope of its investigation is limited by 
the particular crime it is investigating. In sharp contrast, 
intelligence investigations are by definition extremely broad. When you 
are gathering information in an intelligence investigation, anything 
could potentially be relevant.
  Suppose the Government believes a suspected terrorist visited Los 
Angeles in the last year or so. It might want to obtain and keep the 
records of everyone who has stayed in every hotel in Los Angeles or who 
booked a trip to Los Angeles through a travel agent over the past 
couple years, and it could argue strongly that information is relevant 
to a terrorism investigation because it would be useful to run all 
those names through the terrorist watch list.
  I don't have any reason to believe that such broad use of NSLs has 
happened. But the point is, when you are talking about an intelligence 
investigation, relevance is a very different concept than in criminal 
investigations. It is certainly conceivable that NSLs could be used for 
that kind of a broad dragnet in an intelligence investigation. Nothing 
in the current law prevents it. The nature of criminal investigations 
and intelligence investigations is different. Let's not forgot that.
  Second, the recipients of grand jury subpoenas are not subject to the 
automatic secrecy that NSL recipients are. We should not underestimate 
the power of allowing public disclosure when the Government 
overreaches. In 2004, Federal officials withdrew a grand jury subpoena 
issued to Drake University for a list of participants in an antiwar 
protest. Why? Because there were public revelations about the demand. 
That could not have happened if the request had been made under section 
215 or for records available via the national security letter 
authority.
  Fortunately, there are many other reasons the conference report does 
so little good on NSLs. Let's talk about judicial review. The 
conference report creates the illusion of judicial review for NSLs, 
both for the letters themselves and for the accompanying gag rule, and 
if you look at the details, it is drafted in a way that makes the 
review virtually meaningless.
  With regard to the NSLs themselves, the conference report permits 
recipients to consult their lawyer and seek judicial review, but it 
allows the Government to keep all of its submissions secret and not 
share them with the challenger regardless of whether there are national 
security interests at stake. So you can challenge the order, but you 
have no way of knowing what the Government is telling the court in 
response to your challenge. Parties could argue about something as 
garden-variety as attorney-client privilege with no national security 
issues, and the Government would have the ability to keep this secret. 
This is a serious departure from our usual adversarial process. I 
believe it is very disturbing.
  The other significant problem with the judicial review provisions is 
the standard for getting the gag rule overturned. In order to prevail, 
the recipient has to prove that any certification by the Government 
that disclosure would harm national security or impair diplomatic 
relations was made in bad faith. Now, that is a standard of review that 
is virtually impossible to meet. So what we have here is the illusion--
the illusion--of judicial review. When you look behind the words in the 
statute, you realize it is a mirage.
  I also want to take a moment to address again an argument made 
yesterday by the Senator from Pennsylvania about the NSL provisions of 
the conference report. He argued that many of the complaints I have 
about the NSL provisions of the conference report apply equally to the 
NSL provisions of the Senate bill. And then he says because I supported 
the Senate bill, by some convoluted theory, my complaints are, 
therefore, invalid and I should support the conference report.
  As I said yesterday, that does not make any sense.
  The NSL section of the Senate bill was one of the worst sections of 
the bill. I did not like it then, and I do not like it now. But in the 
context of the larger package of reforms that was in the Senate bill, 
including the important changes to section 215 that I talked about 
earlier, and the new time limit on sneak-and-peek search warrants, 
which I will talk about in a moment, I was able to accept that the NSL 
section was there even though I would have preferred additional 
reforms.
  The argument was made yesterday that after supporting a compromise 
package for its good parts, now I am supposed to accept a conference 
report that has the bad parts of the package even though the good parts 
have been taken out. Now, that is nonsense. Every Member of this 
Chamber who has ever agreed to a compromise--and I must assume that 
includes every one of us--knows it.
  The other point I want to emphasize is that the Senate bill was 
passed before the Post reported that there has been extensive use of 
NSLs and the difficulties that the gag rule poses for businesses that 
feel they are being unfairly burdened by them, as reported by the 
Washington Post. At the very least, I would think that an NSL sunset is 
justified. But the conferees refused to make that change. Nor would 
they budge at all on the absurdly difficult standard of review, the so-
called conclusive presumption.
  I suspect that the NSL power is something the administration is 
zealously guarding because it is one area where there is almost no 
judicial involvement or oversight. It is the last refuge for those who 
want virtually unlimited Government power in intelligence 
investigations. And that is why the Congress should be very concerned 
and very insistent on making the reasonable changes we have suggested.
  We had an interesting discussion on the floor yesterday also about 
the sneak-and-peek searches. This is another area where the conference 
report departs from the Senate's compromise language, and it is another 
reason I must oppose the conference report.
  Yesterday, the Senator from Pennsylvania made what seems on the 
surface to be an appealing argument. He says the Senate bill requires 
notice of a sneak-and-peek search within 7 days of the search, and the 
House said 180 days.
  The conference compromised on 30 days. ``That's a good result,'' he 
says. ``They came down 150 days, we went up only 23. What's wrong with 
that?''
  Well, let me take a little time to put this issue in context and 
explain why this is not just a numbers game. An important 
constitutional right is at stake. One of the most fundamental 
protections in the Bill of Rights is the fourth amendment's guarantee 
that all citizens have the right to ``be secure in their persons, 
houses, papers, and effects'' against ``unreasonable searches and 
seizures.'' The idea that the Government cannot enter our homes 
improperly is actually a bedrock principle for Americans, and rightly 
so.
  The fourth amendment has a rich history and includes in its ambit 
some very important requirements for searches. One is the requirement 
that a search be conducted pursuant to a warrant. The Constitution 
specifically requires that a warrant for a search be

[[Page 28225]]

issued only when there is probable cause and that the warrant 
specifically describe the place to be searched and the persons or 
things to be seized.
  Why does the Constitution require that particular description? For 
one thing, that description becomes a limit on what can be searched or 
what can be seized. If the magistrate approves a warrant to search 
someone's home, and the police show up at the person's business, that 
search is not valid. If the warrant authorizes a search at a particular 
address, and the police take it next door, they have no right to enter 
that house.
  But, of course, there is no opportunity to point out that the warrant 
is inadequate unless that warrant is handed to someone on the premises. 
And if there is no one present to receive the warrant, and the search 
must be carried out immediately, most warrants require that they be 
left behind at the premises that were searched. Notice of the search--
notice of the search--is part of the standard fourth amendment 
protection. Without the notice, it does not mean much. It is what gives 
meaning, or maybe we should say ``teeth,'' to the Constitution's 
requirement of a warrant and a particular description of the place to 
be searched and the persons or items to be seized.
  Over the years, the courts have had to deal with Government claims 
that the circumstances of a particular investigation require a search 
without notifying the target prior to carrying out the search. In some 
cases, giving notice would compromise the success of the search by 
leading to the flight of the suspect or the destruction of evidence. 
The two leading cases on so-called surreptitious entry, which would 
come to be known as sneak-and-peek cases, came to very similar 
conclusions.
  Notice of criminal search warrants could be delayed--delayed--but not 
omitted entirely. Both the Second Circuit in U.S. v. Villegas and the 
Ninth Circuit in U.S. v. Freitas held that a sneak-and-peek warrant 
must provide that notice of the search will be given within 7 days--7 
days--unless extended by the court. Listen to what the Freitas court 
said about such searches:

       We take this position because surreptitious searches and 
     seizures of intangibles strike at the very heart of the 
     interests protected by the Fourth Amendment. The mere thought 
     of strangers walking through and visually examining the 
     center of our privacy interest, our home, arouses our passion 
     for freedom as does nothing else. That passion, the true 
     source of the Fourth Amendment, demands that surreptitious 
     entries be closely circumscribed.

  That is the end of the quote from that case.
  So when defenders of the PATRIOT Act say that sneak-and-peek searches 
were commonly approved by the courts prior to the PATRIOT Act, they are 
partially correct. Some courts permitted secret searches in very 
limited circumstances, but they also recognized the need for prompt 
notice unless a reason to continue to delay was demonstrated. And they 
specifically said that notice had to occur within 7 days--7 days.
  Section 213 of the PATRIOT Act did not get this part of the balance 
right. It allowed notice to be delayed for any reasonable length of 
time. Information provided by the administration about the use of this 
provision indicates that delays of months at a time are now becoming 
commonplace. Now, those are hardly the kinds of delays that the courts 
had been allowing prior to the PATRIOT Act.
  The sneak-and-peek power in the PATRIOT Act caused concern right from 
the start, and not just because of the lack of a time-limited notice 
requirement. The PATRIOT Act also broadened the justifications that the 
Government could give in order to obtain a sneak-and-peek warrant. It 
included what came to be known as the catch-all provision, which allows 
the Government to avoid giving notice of a search if it would 
``seriously jeopardize an investigation.'' Some think that that 
justification in some ways swallows the requirement of notice since 
most investigators would prefer not to give notice of a search and can 
easily argue that giving notice will hurt the investigation.
  The SAFE Act, the bipartisan bill that many of us worked on, worked 
to fix both of these problems. First, it tightened the standard for 
justifying a sneak-and-peek search to a limited set of circumstances--
when advanced notice would endanger life or property, or result in 
flight from prosecution, the intimidation of witnesses, or the 
destruction of evidence. Second, it required notice within 7 days, with 
an unlimited number of 21-day extensions if approved by the court.
  The Senate bill was a compromise from this. It kept the catch-all 
provision as a justification for obtaining a sneak-and-peek warrant. 
Those of us who were concerned about that provision agreed to accept it 
in return for keeping, and actually getting back, in my view, from the 
court cases, the 7-day notice requirement. And we accepted unlimited 
extensions of up to 90 days at a time. The key thing was prompt notice 
after the fact, or a court order that continuing to delay notice was 
justified.
  That is actually the background of the numbers game that the Senator 
from Pennsylvania and other supporters of the conference report point 
to. They want credit for walking the House back from its outrageous 
position of 180 days, but they refuse to recognize that the sneak-and-
peek provision still has the catch-all justification, and unlimited 90-
day extensions. And here is the crucial question they refuse to answer: 
What possible rationale is there for not requiring the Government to go 
back to a court after 7 days and demonstrate a need for continued 
secrecy? Why insist that the Government get 30 days free without 
getting an extension? Could it be that they think the courts usually 
won't agree that continued secrecy is needed after the search is 
conducted, so they would not get the 90-day extension? If they have to 
go back to a court at some point, why not go back after 7 days rather 
than 30? From the point of view of the Government, I don't see the big 
deal. But from the point of view of someone whose house has been 
secretly searched, there is a big difference between notice after 1 
week and notice after a month.
  Suppose, for example, that the Government actually searched the wrong 
house, as I mentioned. That is one of the reasons that notice is a 
fourth amendment requirement. The innocent owner of the place that had 
been searched might suspect that somebody had broken in. They might be 
living in fear that someone has a key or some other way to enter. 
Should we make that person wait a month to get an explanation rather 
than a week? Presumably, if the search revealed nothing, and especially 
if the Government realized the mistake and does not intend to apply for 
an extension, it surely will be no hardship, other than perhaps 
embarrassment, for notice to be given within 7 days.
  All of this is about why I am not persuaded by the numbers game on 
the sneak-and-peak provisions. The Senate bill was already a compromise 
on this very controversial provision. There is no good reason not to 
adopt the Senate's provision. No one has come forward and explained why 
the Government can't come back to the court within 7 days of executing 
the search. In fact, on a discussion of this last night on one of the 
television programs, one of my colleagues literally said, 7 days versus 
30 days, what is the big deal? That is the strength of the argument. 
There is no merit to the idea of making the notice be as potentially 
late as 30 days.
  Let me put it this way: If the House had passed a provision that 
allowed notice to be delayed for 1,000 days, would anyone be boasting 
about a compromise that requires notice within 100 days, more than 3 
months? Would that be a persuasive argument? I don't think so. The 
House provision of 180 days was arguably worse than current law, which 
required notice ``within a reasonable time,'' because it created a 
presumption that delaying notice for 180 days, 6 months, is reasonable. 
It was a bargaining ploy. The Senate version was what the courts had 
required prior to the PATRIOT Act. It was itself a compromise because 
it

[[Page 28226]]

leaves in place the catchall provision for justifying a warrant in the 
first place. That is why I believe the conference report on the sneak-
and-peak provision is inadequate and must be opposed.
  Let me make one final point about sneak-and-peak warrants. Don't be 
fooled for a minute into believing that this power is needed to 
investigate terrorism or espionage. It is not. Section 213 is a 
criminal provision that could apply in whatever kind of criminal 
investigation the Government has undertaken. In fact, most sneak-and-
peak warrants are issued for drug investigations. So why do I say they 
are not needed in terrorism investigations? Because FISA also can apply 
to those investigations and FISA search warrants are always executed in 
secret and never require notice. If you really don't want to give 
notice of a search in a terrorism investigation, you can get a FISA 
warrant. So any argument that limiting the sneak-and-peak power, as we 
have proposed, will interfere with sensitive terrorism investigations 
is also a red herring.
  I have spoken at length about the provisions of this conference 
report that trouble me. But to be fair, I should mention one 
significant improvement to the conference report over last month's 
draft. This new version does include a 4-year sunset on three of the 
most controversial provisions: Roving wiretaps, the so-called library 
provision which I discussed at some length, and the ``lone wolf'' 
provision of the Foreign Intelligence Surveillance Act. Previously, the 
sunsets on these provisions were at 7 years. It certainly is an 
improvement to have reduced that number so the Congress can take 
another look at these provisions or can take a look at these provisions 
sooner.
  I also acknowledge that the conference report creates new reporting 
requirements for some PATRIOT Act powers, including new reporting on 
roving wiretaps, section 215 sneak-and-peak search warrants, and 
national security letters. There are also new requirements that the 
Inspector General of the Department of Justice conduct audits of the 
Government's use of national security letters and section 215.
  In addition, the conference report includes other useful oversight 
provisions relating to FISA. It requires that Congress be informed 
about FISA court rules and procedures and about the use of emergency 
authorities under FISA. And it gives the Senate Judiciary Committee 
access to certain FISA reporting that currently only goes to the 
Intelligence Committee. I am glad to see that it requires the 
Department of Justice to report to us on its data-mining activities.
  But adding sunsets and new reporting and oversight requirements only 
gets us so far. The conference report remains deeply flawed. I 
appreciate sunsets and reporting. I know that the senior Senator from 
Pennsylvania worked hard to ensure that they were included. But these 
improvements are not enough. Sunsetting bad law for another 4 years is 
not good enough. Simply requiring reporting on the Government's use of 
these overly expansive tools does not ensure that they won't be abused. 
We must make substantive changes to the law, not just improve 
oversight. This is our chance. We cannot let it pass by.
  Last Thursday, after the conference deal was announced, the Attorney 
General termed it a ``win for the American people in that it would 
result in continued security for the United States and also continued 
protection of civil liberties for all Americans.'' In a way, that 
comment shows that we have made some progress. The administration seems 
to understand now that protecting civil liberties is pretty important 
to our citizens. That is quite an improvement from the days when people 
who expressed these concerns were termed hysterical. But the Attorney 
General also said: ``people have seen how the Department of Justice has 
been very responsible in exercising [its] authorities.'' This comment 
reflects a fundamental misunderstanding of the relationship of the 
Government and the governed in our democracy. Trust of Government 
cannot be demanded or asserted or assumed. It must be earned. This 
Government has not earned our trust. It has fought reasonable 
safeguards for constitutional freedoms every step of the way. It has 
resisted congressional oversight and often misled the public about its 
use of the PATRIOT Act. And now the Attorney General is arguing that 
the conference report is adequate protection for civil liberties for 
all Americans? It isn't.
  We sunsetted 16 provisions of the original PATRIOT Act precisely so 
we could revisit them and make necessary changes, to make improvements 
based on the experience of 4 years with the act, and with the careful 
deliberation and debate that, quite frankly, was missing 4 years ago. 
This process of reauthorization has certainly generated debate. But if 
we pass this conference report as currently written, we will have 
wasted a lot of time, and we will have missed an opportunity to finally 
get it right. The American people will not be happy with us for missing 
that chance. They will not accept our explanation that we decided to 
wait another 4 years before addressing their concerns. They will not 
settle for half a loaf because we ran out of time to reach consensus.
  I submit that an acceptable consensus was reached unanimously by this 
Senate, every one of us, back in July. We should insist that the House 
pass that bill and give the American people a reauthorization bill that 
is worthy of their support and their confidence. I am prepared to keep 
fighting for as long as it takes to make that happen.
  I thank the Chair and yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, I would like to share some thoughts 
about the PATRIOT Act and its importance to the security of this 
country, its reasonableness, the careful way in which it has been 
crafted and adopted, the full debate to which it has been subjected, 
and I urge our colleagues not to allow this bill to expire, not to 
allow the wall to return so that our foreign intelligence agencies 
cannot share with our domestic intelligence agencies information that 
may be directly relevant to an attack on the people of the United 
States. That is exactly what was taking place on 9/11. It is precisely 
why we have had a failure to share important information. And many 
people believe that the PATRIOT Act possibly could have prevented the 
9/11 attacks. It is easy to contemplate situations where other 
information not shared could have resulted in the lives of Americans 
being placed at risk or being lost. That is why we passed this bill.
  We have had a full debate about it. This past reauthorization came 
out of the Senate Judiciary Committee 18 to 0. Senator Feingold 
supported it. It came out of the Senate floor by unanimous consent. It 
went to a conference committee with the House. They had some different 
provisions in their version, as they always do, and the conference 
committee hammered out the differences. As Senator Specter, a civil 
libertarian himself, and chairman of the Judiciary Committee, who was 
involved in that process said, about 80 percent of what was disputed 
was decided in favor of the Senate bill. Now we are faced with a 
filibuster, an effort to block an up-or-down vote on the PATRIOT Act. 
It is really an extraordinary thing. In fact, some of the provisions 
put in by the conference committee strengthened the bill, from a civil 
liberties point of view, more than the Senate bill that left this body.
  I want to just say, first of all, that the provisions in the PATRIOT 
Act are in no way extreme, in no way novel, in no way contradictory to 
the principles of the constitutional law this country has operated 
under since its founding. I mean that very sincerely. I would say that 
everything here, in any fundamental way that results in a method

[[Page 28227]]

by which law enforcement can investigate terrorist activity--those 
procedures, those techniques, those abilities are clarified in this 
bill. These are standards that they must comply with, and that have 
been approved by the Supreme Court of the United States.
  I remember at one of the hearings I asked witnesses this question: Do 
you think any of the provisions in this act are going to be found to be 
unconstitutional by the Supreme Court as required to protect our 
liberties and enforce the constitutional protections that we as 
Americans have been given? Every one of them said no. They said that 
because there is nothing in here that is going to be found 
unconstitutional. All of these principles and techniques that are 
provided with clarity, and standards in this act are consistent with 
what we have already approved in America. But we find that many of the 
investigatory techniques available to an IRS agent who is investigating 
somebody for a nonviolent crime involving taxes, or a drug enforcement 
agent that may be investigating someone for cocaine or marijuana, and 
many of those procedures that have been approved under the Constitution 
by the Supreme Court, are not available to investigators investigating 
terrorists who would kill us.
  Everybody knows that it is a different matter when dealing with 
international entities, people who operate outside the laws of our 
country, who represent foreign powers, who represent international 
terrorist groups or other groups that are hostile to the interests of 
the United States. We have always understood that there are spies and 
we need a counterspy system in our country which will protect our 
Nation from those who would destroy it. We have always had principles 
that deal with that. For example, there have been complaints about the 
national security letters and section 215. Many of these complaints and 
those who oppose these provisions worry and suggest that something in 
the PATRIOT Act is novel, unusual, or unprecedented. But it is not so. 
I think we have had people who are utterly misinformed or sometimes 
maybe even deliberately failing to accurately articulate what is 
important and what is correct.
  The national security letters that have been referred to by some of 
those who oppose this legislation were not created by the PATRIOT Act 
of 2001. This tactic, this procedure has been available since the 
1980's. All the original PATRIOT Act did was add credit reports to the 
list of things you could get with a national security letter during the 
course of an investigation involving terrorism. Sometimes you might 
need a credit report to determine something about an individual, like 
where he is moving his money, and that kind of thing. That is all that 
was really added with regard to national security letters. Use of 
national security letters is limited to six very specific items: 
telephone toll records, bank records, credit reports, and things of 
that nature. These are all things that a drug enforcement agent can get 
with an administrative subpoena this very day to investigate someone 
for a drug crime.
  Yet we don't have similar provisions for the FBI agent who is 
investigating a terrorist? What kind of idiotic principle of 
investigation is that? So the bill allows us to do that with national 
security letters. It has been the law for some time--over 20 years. So 
we added to the original PATRIOT Act the ability to use a national 
security letter to get credit reporting records of suspected 
terrorists--a big change that won't be used much. The conference report 
more than adequately addresses concerns about the national security 
letters by setting an extremely high requirement for nondisclosure.
  Under the report, in order for the recipient to be precluded from 
telling others that they received a national security letter, a high 
Government official must certify that doing so would ``endanger the 
national security of the United States or interfere with diplomatic 
relations.'' That is an extremely high standard. In fact, I think it is 
too high. I think that in a terrorist or national security case, the 
disclosure is not such an important principle that needs this type of 
protection.
  In my view, the standard of certification is high because we may not 
always be able to make such certification. An investigator may not be 
able to certify to every one of those things and therefore may be 
denied the right to obtain a record and not have the business notify 
the person about it.
  By the way, I will repeat, we are talking about obtaining by national 
security letter from a third party, records that belong to the third 
party, not to the defendant or terrorist. You are not going into their 
house or their automobile or their desk in order to obtain their 
personal records. These are records being held at a bank, records to 
which everybody in the bank has access. These records are being held at 
a telephone company, and show the telephone toll records that you get 
on your monthly statements.
  They are not in your control. They are in the telephone company's 
control. What used to happen was people would subpoena the toll records 
and ask the telephone company not to tell the customer, if it was a 
sensitive investigation. That has been done by every district attorney 
in America. They issue thousands of these subpoenas. Tens of thousands, 
I suggest, literally every month are issued for bank records, toll 
records every day. You have some expectation of privacy, but you don't 
have an expectation that those records will be secretly maintained by 
the bank or the telephone company when they are requested by a law 
enforcement officer for a law enforcement purpose, and relevant to an 
ongoing criminal investigation. That is the law, and it has been that 
way forever.
  So now, when asking for these records during the course of an 
investigation into terrorism, we have to certify that if the recipient 
discloses to the terrorist that we are investigating their records, it 
would endanger the national security of the United States or interfere 
with diplomatic relations. Those are extremely high standards.
  I know my colleague--and I respect him--Senator Feingold voted for 
the less restrictive certification requirements that unanimously passed 
the Senate Judiciary Committee. He was one of the 18 who voted for it. 
I don't understand an objection now to the conference report that has a 
higher certification standard. The conference report makes clear that a 
recipient of an NSL, such as a bank, can consult with their attorney 
about the NSL without worrying that the consultation would be an 
unlawful disclosure. The conference report makes clear that the bank 
can also file a motion to quash the NSL if it does not want to give the 
government the information requested, and it makes it clear that the 
bank could ask the court to quash the nondisclosure requirement and 
allow them to share that information with the customer. So really, the 
provisions in this conference report only improve the situation from 
the perspective of civil libertarians, if we reject the conference 
report these extra protections will not become law.
  Let's be frank about this. I am telling you how it works in the real 
world. I have been there. The banks simply want to be protected. If it 
is lawful for them to turn over the documents they have on a customer 
to a law enforcement agency without notifying their customers, they are 
perfectly willing to do so. But if they are told that in the law, their 
lawyers are now telling them to protect themselves by notifying 
customers that they gave their records, and they routinely do so to 
protect themselves today. They didn't used to do that 25 years ago, but 
it is because of the threat of being sued that they do that routinely 
now.
  So it is critical that they not disclose because when you are looking 
at a terrorist organization, a cell that may be plotting to bomb 
someone but you are not sure who is in it and what it is about, and you 
are trying to find out about it, maybe you want their bank records, 
maybe you want motel records, maybe you want telephone toll records. 
They can provide incredibly valuable information to an investigator. 
This can prove whether the person being investigated is connected to

[[Page 28228]]

terrorists. If you get their toll records and there are 25 phone calls 
to Yemen to somebody who has been identified by foreign intelligence as 
being connected to al-Qaida, then you have something. So that is very 
important. You may not be prepared at that moment to arrest the person. 
There may not be enough evidence to arrest them, but now you have a 
series of phone calls from a person who is a suspect in some city or 
State in this country calling a known terrorist in some other part of 
the world. You want to proceed with this investigation, but you don't 
want them to know you are on to them.
  That is so basic. Talk to investigators. This is what it is all 
about. It is not academic. This is life and death. We can't ask too 
much of our investigators. We can not tie their hands by demanding they 
prove these things beyond a reasonable doubt, and certify all these 
facts that they are looking for as true before they do an 
investigation.
  How do you get the facts? How do you get them? You have to gather the 
facts. But if we are not able to gather the facts in a terrorism 
prosecution with reasonable investigative tools, then how can we ever 
investigate a case and make a good case?
  I feel strongly that this is an incredibly important provision and, 
in fact, is more civil liberties protective now as it has come out of 
conference than it was when it went to conference.
  With regard to several other matters, I find the debate to be out of 
sync with reality.
  Let's talk about the delayed notice search warrants, the so-called 
sneak and peek. This provisions is dealing with an everyday, regular 
search warrant. These are the type of warrants you need a court to 
approve if you are going to search someone's private house or office. 
This is not the same as going to the bank and getting a record on third 
parties. This is a search warrant to get somebody's own property. You 
can't take that property without a search warrant approved by a judge, 
and if it is a Federal case, such as a terrorist case, it will be a 
Federal judge. To get that warrant, you must prove to that Federal 
judge through an affidavit by real witnesses that there is probable 
cause to believe that person possesses evidence relevant to an 
important criminal investigation.
  Senator Feingold is correct, when you get a warrant approved on 
probable cause and then conduct the search, you should do it and give 
the return on the warrant to the individual whose property has been 
searched. If for some reason they are not there, you usually tack it on 
the door so they will know you have come, and that is the traditional 
way search warrants are done.
  In the course of these kinds of investigations, I have had the 
personal experience on rare occasion to seek delayed notification, and 
I have heard of it on other occasions, I have read about situations 
where delayed notice is needed. Courts have approved through the common 
law process search warrants which they approve delaying notification to 
the person being searched. There can be many reasons, as one can 
imagine, why this delayed notice could be good. It had been done for a 
long time, long before the PATRIOT Act was passed. The U.S. Supreme 
Court has approved the procedure for delaying notice of a search.
  All the delayed notification language does in the PATRIOT Act is set 
forth standards about how delayed notice procedure should be done.
  The Senate bill, when it came out of our committee and voted on the 
floor, said you have to either to notify the defendant in 7 days that 
you did the search or come back to the judge within 7 days and ask the 
judge for more time before you notify them and set forth a reason for 
needing more time.
  The House passed bill said you could delay notification for up to 180 
days before you had to go back to the judge and ask for more time as a 
reason to delay the notification. Maybe you have gone in there and 
found they are putting material together to make a bomb, or you may 
find information that bad guys are coming into town and you need to 
wait on them, those kinds of things might justify further delaying 
notification. There may be a very delicate investigation of the most 
critical national importance. That is why delayed notice has been 
around for decades and that is why the PATRIOT Act sought to provide a 
national standard for delayed notice.
  So, the House was at 180 days, and the Senate was at 7 days, and we 
had a conference. We reached an agreement on 30 days. Well, you would 
think this is the end of the world if you believed some of my 
colleagues. If you are going to have delayed notification, how long 
should it be? Seven days is not a disaster for an investigator, 
although it is pretty tight deadline that could cause a good bit of 
problem. Thirty is much healthier, in my view. But whether it is 20 
days, 40 days, whatever, this search has to be approved by a judge 
before it can be conducted. And if the defendant is not notified 
immediately, then they have to go back and establish to the court 
through evidence and proof that the delay should continue beyond the 
time period set.
  It is not a big deal. To suggest that 7 days or 30 days is a 
difference that invokes some sort of huge constitutional principle that 
we should block this bill over and not even give it an up-or-down vote 
because of is beyond my comprehension. It is not a critical difference 
to our liberties whether it is 7 or 30 days. Some might have a 
different opinion. We had to reach a compromise. We rejected the 180 
days. We took the 30 days, which is a lot closer to 7 than 180. In my 
view, the Senate already won on this issue.
  There are a lot of other issues of the same import. I believe we have 
gone beyond the pale in criticizing this bill. It has been in effect 
for 4 years. None of it has been found to be unconstitutional. It is 
now going to be extended. It is already being curtailed by this 
conference report in a number of different ways to make the act even 
more friendly to civil liberties than it was when we first passed it. 
Nothing in the first bill, frankly, represented any reduction in any of 
our liberties, the claim that it did is simply untrue. This conference 
report has the full support of Chairman Specter and former Chairman 
Hatch. Senator Leahy voted for the reauthorization bill before. He 
voted for it in committee and then did not object to it moving by 
unanimous consent off the floor this year in the Senate.
  So now we have some that are making objections to some of the modest 
changes that were made in conference. I, frankly, think these changes 
were very minor. Our colleagues should not do that. To jeopardize the 
continuation of the tremendously valuable principles of the PATRIOT Act 
by filibustering this bill--and it will extinguish, critical parts of 
it will end soon if we do not break this filibuster and pass the 
reauthorization this week--is unthinkable to me. So I encourage my 
colleagues, please do not get upset about the conference report by 
believing the misinformation that is out there, please read and think 
carefully about what is in this bill. If they do so, they will find 
that all the provisions in it are consistent with sound constitutional 
law. All of these actions and provisions will be affirmed by the 
Supreme Court, many of them already have been, and it will be a 
tremendous advantage to our investigators who are working their hearts 
out this very day, this night, some places in this country today, 
investigating those who would do us harm.
  I will probably share some more thoughts on some of the other 
provisions tomorrow but at this time would yield the floor and in a 
moment would, on behalf of the majority leader, do a wrap-up before we 
conclude. So therefore I will not put us in a quorum call at this time.

                          ____________________




               REPORTING ON THE DEPLOYMENT OF U.S. FORCES

  Mr. STEVENS. Mr. President, I rise today to submit for the Record the 
President's consolidated report on the deployment of U.S. Armed Forces 
to operations around the world.
  This report is provided for the information of all Senators and 
covers operations in support of the war on terror, Kosovo, and Bosnia 
and Herzegovina.

[[Page 28229]]

  This report is submitted by the President, consistent with the war 
Powers Resolution, and addresses the circumstances under which 
hostilities were initiated, the scope and duration of such hostilities, 
and the constitutional and legislative authority under which the 
introduction of hostilities took place.
  I encourage all of my colleagues to review this important report.
  I ask unanimous consent to have the President's consolidated report 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 December 7, 2005.
     Hon. Ted Stevens,
     President pro tempore of the Senate,
     Washington, DC.
       Dear Mr. President: I am providing this supplemental 
     consolidated report, prepared by my Administration and 
     consistent with the War Powers Resolution (Public Law 93-
     148), as part of my efforts to keep the Congress informed 
     about deployments of U.S. combat-equipped armed forces around 
     the world. This supplemental report covers operations in 
     support of the war on terror, Kosovo, and Bosnia and 
     Herzegovina.


                           THE WAR ON TERROR

       Since September 24, 2001, I have reported, consistent with 
     Public Law 107-40 and the War Powers Resolution, on the 
     combat operations in Afghanistan against al-Qaida terrorists 
     and their Taliban supporters, which began on October 7, 2001, 
     and the deployment of various combat-equipped and combat-
     support forces to a number of locations in the Central, 
     Pacific, and Southern Command areas of operation in support 
     of those operations and of other operations in our war on 
     terror.
       I will direct additional measures as necessary in the 
     exercise of the right of the United States to self-defense 
     and to protect U.S. citizens and interests. Such measures may 
     include short-notice deployments of special operations and 
     other forces for sensitive operations in various locations 
     throughout the world. It is not possible to know at this time 
     either the precise scope or duration of the deployment of 
     U.S. Armed Forces necessary to counter the terrorist threat 
     to the United States.
       United States Armed Forces, with the assistance of numerous 
     coalition partners, continue to conduct the U.S. campaign to 
     pursue al-Qaida terrorists and to eliminate support to al-
     Qaida. These operations have been successful in seriously 
     degrading al-Qaida's training capabilities. United States 
     Armed Forces, with the assistance of numerous coalition 
     partners, ended the Taliban regime and are actively pursuing 
     and engaging remnant al-Qaida and Taliban fighters in 
     Afghanistan. Approximately 280 U.S. personnel are also 
     assigned to the International Security Assistance Force 
     (ISAF) in Afghanistan. The U.N. Security Council authorized 
     the ISAF in U.N. Security Council Resolution 1386 of December 
     20, 2001, and has reaffirmed its authorization since that 
     time, most recently, for a l2-month period from October 13, 
     2005, in U.N. Security Council Resolution 1623 of September 
     13, 2005. The mission of the ISAF under NATO command is to 
     assist the Government of Afghanistan in creating a safe and 
     secure environment that allows reconstruction and the 
     reestablishment of Afghan authorities. Currently, all 26 NATO 
     nations contribute to the ISAF. Ten non-NATO contributing 
     countries also participate by providing military and other 
     support personnel to the ISAF.
       The United States continues to detain several hundred al-
     Qaida and Taliban fighters who are believed to pose a 
     continuing threat to the United States and its interests. The 
     combat-equipped and combat-support forces deployed to Naval 
     Base, Guantanamo Bay, Cuba, in the U.S. Southern Command area 
     of operations since January 2002 continue to conduct secure 
     detention operations for the approximately 500 enemy 
     combatants at Guantanamo Bay.
       The U.N. Security Council authorized a Multinational Force 
     (MNF) in Iraq under unified command in U.N. Security Council 
     Resolution 1511 of October 16, 2003, and reaffirmed its 
     authorization in U.N. Security Council Resolution 1546 of 
     June 8, 2004. In U.N. Security Council Resolution 1637 of 
     November 8, 2005, the Security Council, noting the Iraqi 
     Government's request to retain the presence of the MNF, 
     extended the MNF mandate for a period ending on December 31, 
     2006. Under Resolutions 1546 and 1637, the mission of the MNF 
     is to contribute to security and stability in Iraq, as 
     reconstruction continues, until the completion of Iraq's 
     political transformation. These contributions have included 
     assisting in building the capability of the Iraqi security 
     forces and institutions, as the Iraqi people, represented by 
     the Transitional National Assembly, drafted and approved a 
     constitution and progressed toward the establishment of a 
     constitutionally elected government. The U.S. contribution to 
     the MNF is approximately 160,000 military personnel.
       In furtherance of our efforts against terrorists who pose a 
     continuing and imminent threat to the United States, our 
     friends and allies, and our forces abroad, the United States 
     continues to work with friends and allies in areas around the 
     globe. United States combat-equipped and combat-support 
     forces are located in the Horn of Africa region, and the U.S. 
     forces headquarters element in Djibouti provides command and 
     control support as necessary for military operations against 
     al-Qaida and other international terrorists in the Horn of 
     Africa region, including Yemen. These forces also assist in 
     enhancing counterterrorism capabilities in Kenya, Ethiopia, 
     Yemen, and Djibouti. In addition, the United States continues 
     to conduct maritime interception operations on the high seas 
     in the areas of responsibility of all of the geographic 
     combatant commanders. These maritime operations have the 
     responsibility to stop the movement, arming, or financing of 
     international terrorists.


                      NATO-LED KOSOVO FORCE (KFOR)

       As noted in previous reports regarding U.S. contributions 
     in support of peacekeeping efforts in Kosovo, the U.N. 
     Security Council authorized Member States to establish KFOR 
     in U.N. Security Council Resolution 1244 of June 10, 1999. 
     The mission of KFOR is to provide an international security 
     presence in order to deter renewed hostilities; verify and, 
     if necessary, enforce the terms of the Military Technical 
     Agreement between NATO and the Federal Republic of Yugoslavia 
     (which is now Serbia and Montenegro); enforce the terms of 
     the Undertaking on Demilitarization and Transformation of the 
     former Kosovo Liberation Army; provide day-to-day operational 
     direction to the Kosovo Protection Corps; and maintain a safe 
     and secure environment to facilitate the work of the U.N. 
     Interim Administration Mission in Kosovo (UNMIK).
       Currently, there are 25 NATO nations contributing to KFOR. 
     Eleven non-NATO contributing countries also participate by 
     providing military personnel and other support personnel to 
     KFOR. The U.S. contribution to KFOR in Kosovo is about 1,700 
     U.S. military personnel, or approximately 10 percent of 
     KFOR's total strength of approximately 17,000 personnel. 
     Additionally, U.S. military personnel occasionally operate 
     from Macedonia, Albania, and Greece in support of KFOR 
     operations.
       The U.S. forces have been assigned to a sector principally 
     centered around Gnjilane in the eastern region of Kosovo. For 
     U.S. KFOR forces, as for KFOR generally, maintaining a safe 
     and secure environment remains the primary military task. The 
     KFOR operates under NATO command and control and rules of 
     engagement. The KFOR coordinates with and supports the UNMIK 
     at most levels; provides a security presence in towns, 
     villages, and the countryside; and organizes checkpoints and 
     patrols in key areas to provide security, protect minorities, 
     resolve disputes, and help instill in the community a feeling 
     of confidence.
       In accordance with U.N. Security Council Resolution 1244, 
     UNMIK continues to transfer additional competencies to the 
     Kosovar provisional Institutions of Self-Government, which 
     includes the President, Prime Minister, multiple ministries, 
     and the Kosovo Assembly. The UNMIK retains ultimate authority 
     in some sensitive areas such as police, justice, and ethnic 
     minority affairs.
       NATO continues formally to review KFOR's mission at 6-month 
     intervals. These reviews provide a basis for assessing 
     current force levels, future requirements, force structure, 
     force reductions, and the eventual withdrawal of KFOR. NATO 
     has adopted the Joint Operations Area plan to regionalize and 
     rationalize its force structure in the Balkans. The UNMIK 
     international police and the Kosovo Police Service (KPS) have 
     full responsibility for public safety and policing throughout 
     Kosovo except in the area of South Mitrovica, where KFOR and 
     UNMIK share this responsibility due to security concerns. The 
     UNMIK international police and KPS also have begun to assume 
     responsibility for guarding patrimonial sites and established 
     border-crossing checkpoints. The KFOR augments security in 
     particularly sensitive areas or in response to particular 
     threats as needed.


              NATO HEADQUARTERS IN BOSNIA AND HERZEGOVINA

       Pursuant to the June 2004 decision made by NATO Heads of 
     State and Government, and in accordance with U.N. Security 
     Council Resolution 1575 of November 22, 2004, NATO concluded 
     its Stabilization Force operations in Bosnia-Herzegovina and 
     established NATO Headquarters-Sarajevo to continue to assist 
     in implementing the Peace Agreement in conjunction with a 
     newly established European Force. The NATO Headquarters-
     Sarajevo, to which approximately 220 U.S. personnel are 
     assigned, is, with the European Force, the legal successor to 
     SFOR. The principal tasks of NATO Headquarters-Sarajevo are 
     providing advice on defense reform and performing operational 
     supporting tasks, such as counterterrorism and supporting the 
     International Criminal Tribunal for the Former Yugoslavia.
       I have directed the participation of U.S. Armed Forces in 
     all of these operations pursuant to my constitutional 
     authority to conduct U.S. foreign relations and as Commander 
     in Chief and Chief Executive. Officials of my Administration 
     and I communicate regularly with the leadership and

[[Page 28230]]

     other Members of Congress with regard to these deployments, 
     and we will continue to do so.
           Sincerely,
                                                   George W. Bush,
     The White House.

                          ____________________




                          TRIBUTE TO BOB TISCH

  Mr. REID. Mr. President, I rise today to pay tribute to the life of 
Preston Robert ``Bob'' Tisch, who died this past November after a 
battle with cancer.
  Bob left a permanent impression on many lives, including my own. He 
was a pillar in his community, well-liked and respected, considerate, 
wise, and passionate about life and serving others. He will be missed.
  Bob was born in New York City and proudly lived there for most of his 
life. He was chairman of the board of Loews Corporation, a company he 
cofounded along with his late brother, Lawrence. Bob was also chairman 
and cochief executive officer of the New York Football Giants.
  Bob was a proud New Yorker and greatly assisted in enhancing New 
York's position as an international business center. He held a number 
of civic posts, including chairman of the New York City Convention and 
Visitors Bureau, founding chairman of the New York City Convention and 
Exhibition Center Corporation, chairman of the New York City 
Partnership and the New York Chamber of Commerce and Industry.
  Bob believed that along with success comes great responsibility and 
exemplified this by giving back to his country and community. He served 
as chairman of the Citizens Committee for the Democratic National 
Conventions held in New York City in 1976 and 1980. From 1986 to 1988, 
he served as U.S. Postmaster General. In May 1990, Mayor David Dinkins 
appointed him New York City's Ambassador to Washington, DC.
  He also served chairman of New York City Public Private Initiatives, 
a public-private partnership that funds vital community programs, and 
was a founding director of New York City Meals-on-Wheels. A graduate of 
New York City public schools, Bob founded Take the Field, a nonprofit 
organization dedicated to renovating the athletic fields of New York 
City's public high schools.
  With Bob's passing, we have lost an extraordinary philanthropist, 
businessman, and a great American. I express my heartfelt sympathies to 
Joan, his wife of 57 years, his sons Steven and Jonathon, daughter 
Laurie, and the entire Tisch family. May they be comforted by all that 
Bob did to enrich the world.

                          ____________________




                PELL GRANT PROGRAM INTEGRITY ADJUSTMENTS

  Mr. GREGG. Mr. President, for several years the Pell Grant Program 
has been accumulating a shortfall. This shortfall has recently been 
estimated at $4.3 billion. For a program that costs around $13 billion 
to run each year, this is a significant problem that puts the entire 
program in jeopardy. The concurrent resolution on the budget for fiscal 
year 2006 addressed this issue by including a new scorekeeping rule to 
ensure that the program is fully funded each year and by providing a 
reserve fund to retire the $4.3 billion shortfall that has already 
accrued.
  Section 303 of H. Con. Res. 95, the concurrent resolution on the 
budget for fiscal year 2006, permits the chairman of the Senate Budget 
Committee to make adjustments to the 302(a) allocations when certain 
conditions are met relating to retiring the Pell grant shortfall. These 
conditions having been met in the Labor-HHS appropriations conference 
report, I am making the reserve fund adjustment. The following table 
reflects revised 302(a) allocations. The revised allocations for budget 
authority and outlays are the appropriate levels to be used for 
enforcement of the congressional budget.
  Additionally, the Senate-passed Labor-HHS appropriations conference 
report included additional funds for three program integrity 
initiatives as specified in the 2006 congressional budget resolution, 
and accordingly on July 28, 2005, I submitted changes to the 
Appropriations Committee's discretionary 302(a) allocation, increasing 
both budget authority and outlays by $309 million. However, the Labor-
HHS-Education conference report does not include these additional funds 
for the program integrity initiatives. Therefore, the discretionary 
302(a) allocation will be reduced by $309 million in budget authority 
and outlays.
  Pursuant to sections 303 and 404, I hereby ask unanimous consent to 
have the following revisions to H. Con. Res. 95 printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                        [In millions of dollars]

Current Allocation to Senate Appropriations Committee:
  FY 2006 Budget Authority--General Purpose Discretionary......$843,020
  FY 2006 Outlays--General Purpose Discretionary................916,836
  FY 2006 Budget Authority--Mandatory...........................531,782
  FY 2006 Outlays--Mandatory....................................512,469
  FY 2006 Budget Authority--Total.............................1,374,802
  FY 2006 Outlays--Total......................................1,429,305
Adjustments:
  FY 2006 Budget Authority--General Purpose Discretionary..........-309
  FY 2006 Outlays--General Purpose Discretionary...................-309
  FY 2006 Budget Authority--Mandatory.............................4,300
  FY 2006 Outlays--Mandatory........................................  0
  FY 2006 Budget Authority--Total.................................3,991
  FY 2006 Outlays--Total...........................................-309
Revised Allocation to Senate Appropriations Committee:
  FY 2006 Budget Authority--General Purpose Discretionary.......842,711
  FY 2006 Outlays--General Purpose Discretionary................916,527
  FY 2006 Budget Authority--Mandatory...........................536,082
  FY 2006 Outlays--Mandatory....................................512,469
  FY 2006 Budget Authority--Total.............................1,378,793
1,428,996utlays--Total............................................

                          ____________________




    PASSAGE OF U.S.-BAHRAIN FREE TRADE AGREEMENT IMPLEMENTATION ACT

  Mr. GRASSLEY. Mr. President, over the past several years the Congress 
has worked hand-in-hand with the administration to foster greater peace 
and stability in the Middle East through trade. We have concluded and 
implemented free trade agreements with Israel, Jordan, and Morocco. We 
recently concluded negotiations with Oman and negotiations are ongoing 
with United Arab Emirates. Perhaps soon, we will launch negotiations 
with our good friend and ally, Egypt.
  Yesterday, with the passage of S. 2027, the U.S.-Bahrain Free Trade 
Agreement Implementation Act, we took another historic step forward. 
Once this agreement enters into force, 98 percent of our agricultural 
exports to Bahrain will enter duty-free and 100 percent of our two-way 
trade in industrial and consumer products will be duty-free. The 
agreement sets a new standard on services, with broad commitments by 
Bahrain to open their service sector to our exports.
  Passage of the U.S.-Bahrain FTA will help advance the President's 
goal of achieving a Middle East Free Trade Area, MEFTA, by 2013. This 
visionary agenda is a key element in our efforts to help foster 
economic growth and prosperity in an important region of the world. It 
also reflects keen appreciation by the Bush administration of the 9/11 
Commission Report recommendation that ``a comprehensive U.S. strategy 
to counter terrorism should include economic policies to encourage 
development, more open societies, and opportunities for people to 
improve the lives of their families and to enhance prospects for their 
children's future.''
  I am pleased that we are able to take another step toward fulfilling 
this recommendation with passage of the Bahrain agreement. This would 
not have been possible without the hard work and dedication of many 
people. I first want to recognize Ambassador Robert Zoellick. As the 
former U.S. Trade Representative, Ambassador Zoellick spearheaded our 
trade agenda, including initiation of negotiations with Bahrain. This 
year, Ambassador Portman took up the reigns as our U.S. Trade

[[Page 28231]]

Representative. Ambassador Portman has proven to be an able and 
effective negotiator who faithfully works with Congress to achieve the 
best result for America in our trade agreements. Ambassador Portman was 
assisted by Catherine Novelli, before her departure, as well as her 
replacement, Ambassador Shaun Donnelly, both serving in their capacity 
as Assistant U.S. Trade Representatives for Europe and the 
Mediterranean.
  With the passage of this agreement, the Finance Committee continues 
its tradition of bipartisanship on trade. I appreciate the efforts of 
my ranking member, Senator Max Baucus, in helping remove any 
impediments to getting this done. An agreement such as this one also 
would not have been possible without the professionalism and work ethic 
of Senator Baucus' staff. In this regard, I owe thanks to Russ 
Sullivan, Democratic staff director, and Bill Dauster, deputy staff 
director, for their steadfast dedication to the Committee. Brian 
Pomper, chief international trade counsel to Senator Baucus, also 
deserves special thanks for his efforts as do Shara Aranoff, Demetrios 
Marantis, Anya Landau, Janis Lazda, and Chelsea Thomas.
  I also want to recognize the work of my Finance Committee staff. At 
the top of the list is Kolan Davis, my chief counsel and staff 
director. Kolan has been a valuable asset to this committee, lending 
his counsel and expertise to moving countless bills, including the 
Bahrain agreement. Everett Eissenstat, chief international trade 
counsel to the committee, has played an important part in seeing that 
this agreement is timely implemented. I appreciate his continued 
dedication to advancing our trade agenda.
  Everett manages a strong team of dedicated staff who consistently 
pull together to achieve our trade agenda. David Johanson, Stephen 
Schaefer, and Tiffany McCullen Atwell provide valuable support to the 
team. Their hard work and long hours are much appreciated. I also want 
to recognize Claudia Bridgeford, international trade policy assistant, 
and Russell Ugone, who is on detail to my staff from the Bureau of 
Customs and Border Protection in the Department of Homeland Security. 
Both Claudia and Russ have contributed a great deal to the work of this 
committee.
  I would be remiss if I did not take this time to thank Mike Smythers, 
Special Assistant to the President for Senate Affairs from the White 
House Office of Legislative Affairs. I also want to thank Matt 
Niemeyer, Counselor and Assistant U.S. Trade Representative for 
Congressional Affairs. Matt will soon be leaving the Office of the U.S. 
Trade Representative. Throughout his tenure, he has been a valuable 
ally in passage of much of our trade agenda. I appreciate his hard work 
and service to the American people.
  Matt was assisted by David ``Andy'' Olson, who provided critical 
support in moving this agreement. Jonathon Kallmer from the Office of 
General Counsel at the Office of the U.S. Trade Representative, also 
played a key role in working with Congress to ensure faithful 
implementation of the agreement. I appreciate both of their efforts. 
Finally, I want to take this opportunity to thank Polly Craghill senior 
counsel in the Senate's Office of Legislative Counsel, for her role in 
passing this agreement. Polly never falters in her efforts to provide 
timely technical expertise to this committee and her work is much 
appreciated.
  This is a good day for the United States and Bahrain. I hope 
President Bush will soon sign this bill and that we will see quick 
implementation of this historic agreement.

                          ____________________




                      BAHRAIN FREE TRADE AGREEMENT

  Mr. FEINGOLD. Mr. President, I oppose this agreement. It is more of 
the same flawed trade model that has undermined the standards that our 
firms operate under and has helped ship millions of jobs overseas. From 
inadequate protections for workers, the environment, and public health 
and safety, to lax rules of origin, this trade agreement continues the 
appalling trade policies of the last decade and more.
  We should be working to strengthen our ties with Bahrain and forge a 
trade agreement that is sustainable and that will enhance the welfare 
of consumers, businesses, and workers in both countries. This agreement 
will not do that. Tragically, the record of this trade model has been 
just the opposite.
  My own State of Wisconsin has been hit especially hard by this trade 
policy. Nor have our trading partners fared well under this flawed 
trade model. Eleven years of NAFTA have lowered living standards in 
Mexico, both for urban workers and in rural areas. As I have noted 
before, Professor Riordan Roett of Johns Hopkins has noted that at 
least 1.5 million Mexican farmers have lost their livelihoods under 
NAFTA.
  And while this agreement with Bahrain may not have the same 
devastating impact that NAFTA has had and that CAFTA will have, it is 
cut from the same cloth as those two trade agreements. Certainly 
neither the United States nor Bahrain is likely to benefit when the 
trade agreement's rules of origin provisions invite gaming. As Robert 
Baugh, executive director of the AFL-CIO, testified before the Senate 
Finance Committee, the provision permits multinational corporations to 
manipulate production and purchasing ``to ship goods made primarily in 
third countries through Bahrain for a minimal transformation before 
entering the U.S. duty free. The rule of origin fails to promote 
production and employment in the U.S. and Bahrain, and it grants 
benefits to third-party countries that have provided no reciprocal 
benefits under the agreement and that are not subject to the 
agreement's minimal labor and environmental standards.''
  Mr. President, Wisconsin has paid a heavy price for our trade policy 
in recent years. Since 2000, Wisconsin has lost nearly 92,000 
manufacturing jobs. NAFTA, the GATT, and Most Favored Nation treatment 
for China have devastated local businesses and punished working 
families, taking away family-supporting jobs, and offering lower paying 
jobs, if any, in return. I regret that this trade agreement promises 
more of the same. Instead of building on this failed model of trade, we 
should scrap it and establish a new model of trade that is fair to 
American businesses, workers, and farmers, as well as the small 
businesses, workers and farmers of our trading partners.

                          ____________________




                        PATRIOT ACT IMPROVEMENT

  Mr. JEFFORDS. Mr. President, the people of Vermont are proud of the 
important role that Senator Patrick Leahy is serving in trying to 
improve the USA PATRIOT Act.
  My colleague from Vermont rightly believes that security and civil 
liberties need not be mutually exclusive objectives. We can and we 
should advance both goals. As the ranking member of the Judiciary 
Committee, Senator Leahy worked closely with Chairman Arlen Specter in 
helping to produce a bipartisan bill to renew and improve the USA 
PATRIOT Act. That bill was unanimously approved both by the Judiciary 
Committee and by the Senate. Now he is working with Senators of both 
parties in trying to win further improvements in the proposed 
conference report on that bill.
  Just as he did in 2001, then as chairman of the Judiciary Committee 
and the leader of the Senate's negotiations with the administration in 
crafting the initial USA PATRIOT Act, Senator Leahy now, once again, 
has worked tirelessly to ensure that we do not hastily pass flawed 
legislation. Back in the fall of 2001, the Bush administration had 
demanded that Congress pass the PATRIOT Act in 1 week. The Senator from 
Vermont knew that rushing such an expansive law through Congress was a 
mistake, and he secured more time, allowing Congress to add crucial 
checks and balances to the law. In the best tradition of the Senate, 
Senator Patrick Leahy has championed effective law enforcement and the 
rights and freedoms that we cherish as Americans.
  I ask unanimous consent that two recent editorials which have 
spotlighted

[[Page 28232]]

these issues and Senator Leahy's role be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From the Bennington Banner, Dec. 9, 2005]

                     A Real Green Mountain Patriot

       Much has been said about what makes someone a patriot. 
     Sadly much of it has come as a result of the response to the 
     terrorists attacks on the World Trade Center and the Pentagon 
     on Sept. 11, 2001. What makes that sad is that an outside 
     attack should have--and did for a brief time--brought the 
     country closer together.
       That has been fractured by political opportunists who 
     responded to the attacks with legislation that Americans 
     would never have accepted before their confidence was rattled 
     so vehemently.
       One such piece of legislation is the provocatively named 
     USA Patriot Act. The Patriot legislation was drafted to give 
     the government a way to fight terrorism. No one would argue 
     that's an important and necessary goal.
       But it contains too many provisions that we find 
     unacceptable despite the fact that we remain staunchly anti-
     terrorist and pro-America. (We're cutting off that argument 
     at the pass. . .)
       The scariest provision is one that allows the government to 
     get warrants that would allow them to find out what books 
     someone is reading or checking out of the library.
       That's un-American enough in a society that prides itself 
     on the free and open exchange of ideas. What's worse is that 
     we wouldn't know what books or articles are on that list that 
     makes a reader a suspect.
       To make it scarier, those warrants are requested and 
     granted in secret.
       We know that there are armchair generals who are rushing to 
     point out that this is the kind of action needed to fight 
     enemies like terrorists. We remain unconvinced that such 
     secret warrants would make us much different or better than 
     nations that support terrorists.
       Nor can we justify giving a tool like this to the federal 
     government under an administration that can't convince its 
     people or the world that it's not engaging in torture. We 
     suspect there will be more Abu Ghraibs before the War on 
     Terror is finished.
       So what makes somebody a patriot? How about standing up 
     against faulty legislation even when a nation that's still in 
     fear may support that law? Maybe it's recognizing the lessons 
     of history and trying to protect our country from another 
     shameful incident like the imprisonment of Japanese citizens 
     during World War II?
       That's exactly what Sen. Patrick Leahy, the ranking 
     Democrat on the Senate Judiciary Committee, is doing by 
     refusing to sign a version of the Patriot Act that would 
     extend these powers for four years.
       We're proud that a patriot like that is serving the people 
     of Vermont.
                                  ____


                    [From USA Today, Dec. 14, 2005]

         Qualms About Anti-Terror Law Unite The Left and Right

       Patrick J. Leahy first made his name in politics as a 
     tough-on-crime, attention-grabbing county prosecutor in the 
     turbulent late 1960s and early '70s. His law-and-order 
     aggressiveness propelled him to election as the first--and, 
     so far, only--Democrat to represent historically Republican 
     Vermont in the U.S. Senate.
       After the 9/11 attacks, as chairman of the Senate Judiciary 
     Committee, Leahy helped shepherd the questionably named ``USA 
     Patriot Act'' through Congress. Reassuring a frightened 
     nation, the Patriot Act granted unprecedented powers to law 
     enforcement, some of which are set to expire at the end of 
     this year.
       Federal investigators and prosecutors have welcomed the law 
     as providing a clutch of much-needed tools in the war on 
     terrorism. Indeed, much of the act is a good fit for 
     threatening times.
       But it's also something else: cover for sweeping invasions 
     of citizens' privacy, secret fishing expeditions into 
     privately held records and muzzling of targets who want to 
     complain about it.
       All are convenient for law enforcement. All have already 
     been abused.
       This year's rewrite fails to solve these problems and, in 
     fact, would add provisions that have nothing to do with 
     terrorism (see box at right).
       Leahy is a useful barometer of just how troubling the 
     latest legislation is.
       Today, the former prosecutor is leading a bipartisan 
     coalition in the Senate seeking to block renewal of some of 
     the PATRIOT Act's most controversial provisions until more is 
     done to curb the potential for assaults on privacy and civil 
     liberties. ``This much unchecked power doesn't make us any 
     safer,'' Leahy told us Tuesday. ``It makes us less safe. . . 
     . Ultimately, you're secure only if you maintain basic 
     liberties.''
       Other Senate critics of the bill range the full breadth of 
     the political spectrum, from Idaho Republican Larry Craig to 
     Wisconsin Democrat Russ Feingold. Their bid to hold up the 
     legislation is a worthy one.
       Since Sept. 11, 2001, using the Patriot Act and stretching 
     authority under other laws, government investigators have 
     collected private information on thousands of people who have 
     no apparent connection to international terrorism. Secret 
     sweeps have been made into library records, hotel bookings, 
     car-rental files and other documents. That material is 
     retained, perhaps forever, in government computers. In at 
     least one case, a lawyer's home and office were searched 
     based on false information.
       The Bush administration and its allies in Congress have 
     resisted calls for more meaningful protections against 
     invasion of privacy and abuse of civil liberties. While some 
     of the most troubling provisions have been modified in the 
     latest changes, many of the revisions are cosmetic at best.
       The pressure is on because portions of the PATRIOT Act, 
     including several of the most troubling provisions, expire 
     Dec. 31, and lawmakers are trying to get home for Christmas.
       Leahy and his allies are proposing to extend the law for 
     three months to allow more time to fix what's wrong. That 
     makes sense. Mistakes made in the heat of post-9/11 anxiety 
     shouldn't be compounded and extended based on an artificial 
     deadline.
       As Leahy and others have discovered, there's more to 
     patriotism than the label on an antiterrorism law. True 
     patriotism requires not only giving law enforcement the tools 
     it needs, but also adequately protecting citizens against 
     abuse of that power.

     

                          ____________________


                      ALITO NOMINATION FILIBUSTER

  Mr. HATCH. Mr. President, on Monday United Press International 
reported the good news that our Democratic colleagues do not plan to 
filibuster the Supreme Court nomination of Judge Samuel Alito.
  I hope that UPI report is true, because this body needs to return to 
our constitutional and commonsense tradition of fully and fairly 
evaluating and debating judicial nominations.
  Senators may, of course, vote for or against a judicial nominee for 
any reason, or no reason at all. Our constitutional role of advice and 
consent, however, requires that after vigorous floor debate, we must 
vote.
  UPI quoted a spokesman for the Democratic leader saying that talk of 
an Alito filibuster is, in his words, silly and unhelpful.
  I can only assume that he was speaking for the Democratic leader and, 
while I agree with his statement, I am afraid the situation is not 
quite what he would have our fellow citizens believe.
  In fact, not 24 hours earlier, this very same spokesman was himself 
engaging in some silly and unhelpful filibuster talk of his own, 
telling the Associated Press that all procedural options are on the 
table for handling the Alito nomination.
  We all know what that means.
  The list of all procedural options includes the filibuster, by which 
those who cannot defeat a judicial nomination on the merits try to do 
so by preventing any confirmation vote at all.
  Before the Democratic spin machine cranks out a press release 
accusing me of silly and unhelpful filibuster talk, let me remind 
everyone of some possibly inconvenient facts.
  I know that my friend, the distinguished Senator from West Virginia, 
was on the floor Monday claiming that no Democratic Senator had talked 
about filibustering the Alito nomination.
  With all due respect to him, that is simply not accurate and the 
public record speaks for itself.
  On November 1, for example, the Senator from New York, Mr. Schumer, 
told The Hill newspaper that nothing is off the table.
  That same day, the Senator from California, Mrs. Boxer, was more 
specific, telling the Associated Press that, in her words, the 
filibuster's on the table.
  The next day, the Senator from Iowa, my friend Senator Harkin, went 
even further.
  The Baltimore Sun quotes him saying that he believes Democrats will 
indeed filibuster the Alito nomination.
  Other Democrats, some of them my colleagues on the Judiciary 
Committee, have also engaged in what their party's spokesman has 
branded silly and unhelpful filibuster talk.
  The distinguished assistant Democratic leader, Senator Durbin, said 
the Democrats' decision whether to allow the nomination to go forward 
at all

[[Page 28233]]

will be made after next month's hearing.
  Again, we all know what that means.
  It means the filibuster is still on the table.
  On November 20, the Senator from Delaware, Mr. Biden, a former 
Judiciary Committee chairman, not only suggested a filibuster was 
possible, but said its prospects had actually increased.
  Democratic National Committee Chairman Howard Dean said last month 
that Senate Democrats should, in his words, absolutely keep the 
filibuster option on the table.
  And finally, the Democratic leader, Senator Reid, himself said back 
on November 1 that an Alito filibuster is possible.
  This record is public and very consistent. And this record makes the 
statement on Monday by the senior Senator from Massachusetts, Mr. 
Kennedy, that he does not know a single Democratic Senator who has 
talked about an Alito filibuster absolutely baffling.
  My Democratic colleagues have certainly done so, early and often.
  Some Senators, well-meaning Senators, have said that the judicial 
nomination filibuster issue is really about freedom of speech. The 
distinguished Senator from West Virginia made that point on Monday here 
on the Senate floor.
  We all believe in freedom of speech. We all believe in full, fair, 
and vigorous debate. When it comes to the legislation over which this 
legislative body has complete authority, debate can become an end in 
itself. That is, after all, the definition of a filibuster, when ending 
debate proves impossible.
  The filibuster has long been, and I believe should remain, part of 
the legislative process.
  Judicial appointments, however, are different than legislation. The 
Constitution assigns the power to nominate and appoint judges to the 
President.
  And judicial, as opposed to executive, appointments also dramatically 
affect the third branch of government.
  When it comes to judicial nominations, therefore, debate should be a 
means to an end.
  The end of the judicial confirmation process must be an up-or-down 
vote for nominations reaching the Senate floor.
  The Senate can vote to withhold consent to a judicial nomination, and 
we have done so in the past.
  But refusing to vote at all, especially when a judicial nomination 
clearly has majority support, goes beyond exercising our advice and 
consent role and attempts to highjack the President's appointment power 
altogether.
  When Republicans were in the minority, we respected President 
Clinton's primary role in judicial appointments.
  This body confirmed his Supreme Court nominee Judge Ruth Bader 
Ginsburg in 1993 by an overwhelming vote of 96 to 3.
  We confirmed his nominee Judge Stephen Breyer in 1994 by a margin of 
90 to 9.
  Judicial nomination filibusters, then, are not about freedom of 
speech.
  When it comes to the judicial confirmation process, our freedom of 
speech must be shaped and balanced by the separation of powers, by the 
Constitution's assignment of authority in that process.
  Until recently, the Senate refused to transfer the powerful tool of 
the filibuster from the legislative process to the judicial 
confirmation process.
  We refused to go down that road and I believe we should put up a 
permanent roadblock.
  With all due respect to my Democratic colleagues, they cannot have it 
both ways.
  They cannot, as they have been doing now for more than 6 weeks, keep 
filibuster hopes alive by suggestions and hints, and then claim their 
political hands are clean when Senators on this side of the aisle 
respond.
  I believe that UPI reported the Democratic spokesman's statement 
accurately, but I am not as confident that his statement is accurate or 
operative.
  Does it mean that Democratic Senators have abandoned their earlier 
statements and decided that the Senate should indeed debate and then 
vote on the Alito nomination?
  I believe that is what the American people expect us to do, but is 
that what Democratic Senators will do?
  I hope they do.
  I hope we can fully and vigorously debate the Alito nomination, and 
then vote on it.
  I also believe that when the Senate and American people get to know 
Judge Alito, his experience, his character, and his traditional 
mainstream views of the law and the Constitution at his confirmation 
hearing, they will like what they hear.
  Judge Alito is a good man and a great judge.
  My Democratic colleagues can help sort out the confusion their 
earlier statements have created.
  If they mean what they now say, that talk of filibustering the Alito 
nomination is indeed silly and unhelpful, then let us take the divisive 
and politicizing option of a filibuster off the table.
  Let us agree, right here and now, that this body will do its duty of 
fully debating the Alito nomination and then voting on it.
  The Constitution, Senate tradition, and the American people demand no 
less.

                          ____________________



  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

                            VOTE EXPLANATION

 Mr. LIEBERMAN. Mr. President, because of a severe head cold I 
decided, after a telephone discussion with the minority leader, not to 
attempt to travel on a so-called redeye flight last night from the west 
coast to arrive this morning back in Washington to vote on 3 motions to 
instruct conferees. Had I been present, I would like the record to 
indicate that I would have voted for the motions by Senators Harkin, 
Carper, and Baucus. I note that on none of these votes would my vote 
have affected the outcome; all passed by substantial margins. I want to 
inform my colleagues that I plan to return by another redeye flight 
leaving tonight for votes Thursday.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                  HONORING THE LIFE OF PETER H. SORUM

 Mr. KERRY. Mr. President, I would like to take this time to 
honor the life and accomplishments of Peter H. Sorum, Acting National 
Ombudsman at the U.S. Small Business Administration. Mr. Sorum passed 
away at the age of 58, leaving behind an impressive legacy through his 
work in small business, government, entrepreneurship, publishing, and 
political fundraising.
  In his 4-year tenure at the Small Business Administration, Mr. Sorum 
served as the Deputy Director of Intergovernmental Affairs, working 
closely with State and local officials to foster open communication and 
strong working relationships among Federal, State, and local government 
officials. Following this, Mr. Sorum became a senior adviser in the 
agency's Office of the National Ombudsman. In that post, he served a 
number of roles, including the regulatory fairness board coordinator, 
trade association coordinator, and Federal agency liaison. Most 
recently, Mr. Sorum was the Small Business Administration's Acting 
National Ombudsman where he worked to ensure that small business 
owners, nonprofit organizations, and small government entities were not 
faced with unfair Federal regulatory enforcement actions.
  Prior to his service in the Small Business Administration, Mr. Sorum, 
a small business owner himself, was the founder and manager of the 
software and telecommunications company, Maple Eagle International. 
Additionally, he published The Word, a Marine Corps Reserve Officers' 
magazine from 1985-1987 as well as Japan Now from its inception in 1992 
until 1994.
  Mr. Sorum's commitment to public service and small business lasted 
until his death. His career spanned several decades, including five 
Presidential administrations. Mr. Sorum's family, friends, and 
coworkers should take pride in his service to our Nation.

[[Page 28234]]

  I offer my condolences to his wife Mary Claire, and to his mother, 
siblings, and children during this difficult time.

                          ____________________




                         TRIBUTE TO BILL CARSON

 Mr. LUGAR. Mr. President, I rise today to congratulate a 
distinguished Hoosier and friend, Mr. Bill Carson, as he steps down at 
the end of the year after 42 years of dedicated leadership as chief 
executive of the Indiana Builders Association.
  During those 42 years, Bill has overseen the remarkable 
transformation of the organization to which he dedicated so much time 
and energy. In that time, the IBA has grown from 12 locals spread 
across the State to 33 today. Much of the success Bill has enjoyed can 
be attributed to his ability to work closely with all parties affected 
by the building industry. I continue to be grateful for the generous 
counsel and support he has offered to me throughout my career.
  Many Hoosiers also know Bill as an accomplished author, having 
written a best selling pamphlet entitled ``Diary of a Mad Home 
Builder'', and a book about the building industry entitled ``High 
Pitches and Other Tall Tales.''
  Bill has been recognized by his many friends across Indiana and the 
Nation for the remarkable contributions he has made to the building 
industry. He has been awarded Indiana's highest housing award, the John 
C. Hart Presidential Award, and is a recipient of the Seldon Hale Award 
for Excellence in Association Management from the National Association 
of Home Builders. Bill has been recognized by three different Governors 
as a Sagamore of the Wabash, Indiana's highest honor.
  From my days as mayor of Indianapolis through today, Bill has been a 
trusted friend. I look forward to his continued work across Indiana, 
even as he attempts retirement.

                          ____________________




                   TRIBUTE TO GENERAL LEON J. LaPORTE

 Mr. WARNER. Mr. President, I would like to recognize the 
professional dedication, vision and military service of GEN Leon J. 
LaPorte who is retiring from the U.S. Army after 37 years of dedicated 
service. It is a privilege for me to recognize the many outstanding 
achievements General LaPorte has provided the Army, and our great 
Nation.
  General LaPorte was commissioned a second lieutenant in 1968 upon 
graduation from the University of Rhode Island. He was commissioned an 
armor officer and served in numerous positions of increasing 
responsibility to include the position from which he will retire. 
General LaPorte's contributions throughout his career have made an 
historic impact and greatly improved our Nation's security.
  General LaPorte assumed command of the United Nations Command, 
Republic of Korea/United States Combined Forces Command, and United 
States Forces Korea on May 1, 2002. On October 1, 2005, General LaPorte 
became the longest serving U.S. commander in Korea. Earning this 
distinction is a tribute to his performance and the excellent 
relationships he fostered with our Korean allies. General LaPorte's 
tenure has been highlighted by several very crucial periods in the 
alliance. During his time in command, we have witnessed multiple North 
Korean maritime violations and numerous DMZ and airspace incursions. 
These threats to the security and sovereignty of Korea led General 
LaPorte to develop deterrent options and force enhancements that 
provided increased deterrence against aggression. Despite the 
tremendous implications involved, General LaPorte remained unflappable 
and skillfully designed military force packages that could be deployed 
against anticipated threat scenarios to address the uncertain 
political-military situations.
  General LaPorte has been a principal participant in the fast-paced 
bilateral military and political discussions. General LaPorte earned 
the reputation as a well-respected ambassador for the United States. He 
developed and maintained close ties with the military and civilian 
leadership of the Republic of Korea in partnership with the U.S. 
Ambassador to Korea. He is credited with fusing a lasting bond between 
the two nations.
  General LaPorte is a soldier's soldier. Throughout his career 
foremost in his thoughts and his actions have been initiatives in the 
best interest of the soldiers, civilians, and family members. These 
priorities are reflected in every decision he makes. He expects those 
serving below him to do the same. This was never more evident than when 
he deployed with the 1st Cavalry Division, Fort Hood, TX as the Chief 
of Staff in October 1990 during Operations Desert Shield and Desert 
Storm and more recently during the deployment of one of his battalions 
to Iraq in support of OIF. General LaPorte was tireless in ensuring 
that each soldier was properly prepared, trained and equipped for the 
mission and that every family was cared for by a Family Readiness 
Group. The reenlistment rates in his units demonstrate the love, 
loyalty and dedication of those who served under General LaPorte.
  During his illustrious career in the Army General LaPorte has been 
nothing less than brilliant. General LaPorte is a great credit to the 
Army and the Nation. As he now departs to share his experience and 
expertise with the private sector, I call upon my colleagues on both 
sides of the aisle to recognize his service and wish him and his wife 
Judy well in their new endeavors.

                          ____________________




                  TRIBUTE TO FRANK M. ``MARK'' NEWTON

 Mr. VITTER. Mr. President, I rise today to recognize Frank M. 
``Mark'' Newton, assessor of Grant Parish. Mr. Newton retired on 
October 31, 2005, after 45 years of service to Grant Parish. Today, I 
want to take a moment to offer warm thanks for his years of service to 
the State of Louisiana and Grant Parish and thank him for all of his 
endeavors.
  A life long resident of Grant Parish, LA, he was the youngest child 
of Will and Laura Newton and graduated from Dry Prong High School in 
1953. After proudly serving in the U.S. Marine Corps for 3 years, he 
immediately enrolled at Northwestern State University in Natchitoches, 
LA. Upon graduation in 1960, he became an involved and dedicated 
teacher in the Grant Parish school system. Soon becoming the business 
manager for the Grant Parish school system, Mr. Newton served proudly 
in this position until 1977 when he became the chief deputy tax 
assessor of Grant Parish. He proudly retained this position until his 
retirement at the end of October.
  Known as someone who would always lend a helping hand, Mr. Newton 
developed and maintained numerous relationships that have lasted a 
lifetime. During his tenure as a public servant, not only did Mr. 
Newton create a wonderful working relationship with all of his 
employees, but he also became known as a dependable and well respected 
leader of Grant Parish.
  Mr. Newton was recently quoted saying ``during my work years, I have 
tried to follow this motto--follow the law, use common sense, and have 
compassion for people. Suffice it to say, it's been a good trip.'' All 
of the citizens of Grant Parish have come to know that he has honorably 
and courageously stuck by these words. I now come to the Senate floor 
today to join the residents of Grant Parish in personally commending, 
honoring, and thanking him for his 45 years service to central 
Louisiana.

                          ____________________




                       TRIBUTE TO DAVID L. BRANT

 Mr. WARNER. Mr. President, I take this opportunity to 
recognize a dedicated law enforcement official at the Naval Criminal 
Investigative Service, NCIS, David L. Brant, who is retiring after 28 
years of service to the United States. Culminating a law enforcement 
career spanning over 30 years, Director David Brant has announced his 
retirement from Federal service effective December 9, 2005.
  Following graduation in 1975 with a master's degree in criminology 
from Indiana State University, Mr. Brant began his law enforcement 
career as a police officer with the Dade County Metropolitan Public 
Safety Department in Miami, FL. Two years later, he

[[Page 28235]]

accepted an offer from the Naval Investigative Service and began his 
service as a special agent assigned to NISRA Norfolk, VA. During his 4 
years in the Norfolk area, Mr. Brant served in four different NIS 
offices and also completed an assignment as special agent afloat aboard 
the USS Independence. 
  For 13 years, Mr. Brant served NCIS in a number of assignments in the 
United States and the Philippines, and he earned an appointment to the 
Senior Executive Service as Assistant Director for Counterintelligence 
in 1994. Mr. Brant served in that capacity until he succeeded Roy D. 
Nedrow as Director of the NCIS in May 1997.
  Mr. Brant has been widely recognized within the Department of the 
Navy and the Department of Defense, as well as within the Federal law 
enforcement community, for his innovative and transformational 
approaches to enhancing law enforcement and counterintelligence 
capabilities. He has led NCIS in developing and implementing 
operational strategies, across all of the agency's mission areas, which 
serve as models for others to follow. Additionally, Mr. Brant 
established the Counterterrorism Directorate and built the Multiple 
Threat Alert Center, MTAC, specifically to enhance the ability of the 
NCIS to counter threats facing the Navy and Marine Corps.
  Other noteworthy accomplishments during Mr. Brant's tenure include 
the creation of both the NCIS Contingency Response Field Office, CRFO, 
to improve the capacity of NCIS to deploy agents to meet naval 
requirements in high-threat environments like Iraq and Afghanistan, and 
the Deployment Support Office, DSO, to better support those personnel 
once they are deployed. Mr. Brant has also led the creation of the Law 
Enforcement Information Exchange, LInX, Program, which has brought 
local, State, and Federal law enforcement agencies together to great 
effect in support of naval force protection and crimefighting in the 
Hampton Roads area and other parts of the country. He has partnered 
NCIS with the FBI on Joint Terrorism Task Forces, and assigned agents 
to Defense Department Force Protection Detachments, FPDs, around the 
world. Moreover, he has been an outstanding spokesman for NCIS and the 
Department of the Navy in senior level law enforcement, 
counterintelligence, and counterterrorism venues around the world.
  Most of all, Mr. Brant appreciates that what makes NCIS a truly great 
agency is the quality of its people. He routinely fought to ensure that 
agents, analysts, and support personnel alike had the equipment, 
training, and support required to do their jobs. Under his leadership, 
NCIS gained civilian arrest authority and built a reputation as a 
first-class law enforcement agency. He established the Director's 
Advisory Board, DAB, to provide him with direct feedback for the field 
on emergent issues. Mr. Brant improved upon the NCIS support 
infrastructure by hiring specialists in the fields of communications, 
congressional affairs, human resources, and information technology. He 
increased the number of SES and other high-grade billets while also 
working diligently for the additional funding that will ensure the 
success of his agency for years to come.
  During his career, Mr. Brant has been recognized as an outstanding 
leader by multiple organizations. For his distinguished service, he has 
received the Department of Defense Presidential Rank Award and the 
Department of the Navy Distinguished Service Award. Recently, he was 
honored by the Hispanic American Police Command Officers Association, 
HAPCOA, with the Aguila Award for Law Enforcement and Criminal Justice 
and by the Women in Federal Law Enforcement, WIFLE, as the 2004 
Outstanding Advocate for Women in Federal Law Enforcement.
  As he begins his well deserved retirement, Mr. Brant will remain in 
the Washington, DC, area with his wife Merri Jo, and his children, 
Emily and Andrew. I salute David Brant for his dedicated service to our 
country, and I wish him and his family well in the years to 
come.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mr. Thomas, one of his secretaries.

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

  As in executive session the Presiding Officer laid before the Senate 
messages from the President of the United States submitting sundry 
nominations which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




                        MESSAGES FROM THE HOUSE

  At 12:21 p.m., a message from the House of Representatives, delivered 
by Mr. Hays, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 125. An act to authorize the Secretary of the Interior 
     to construct facilities to provide water for irrigation, 
     municipal, domestic, military, and other uses from the Santa 
     Margarita River, California, and for other purposes.
       H.R. 280. An act to facilitate the provision of assistance 
     by the Department of Housing and Urban Development for the 
     cleanup and economic redevelopment of brownfields.
       H.R. 452. An act to authorize the Secretary of the Interior 
     to conduct a study to determine the suitability and 
     feasibility of designating the Soldiers' Memorial Museum 
     located in St. Louis, Missouri, as a unit of the National 
     Park System.
       H.R. 798. An act to provide for a research program for 
     remediation of closed methamphetamine production 
     laboratories, and for other purposes.
       H.R. 853. An act to remove certain restrictions on the 
     Mammoth Community Water District's ability to use certain 
     property acquired by that District from the United States.
       H.R. 975. An act to provide consistent enforcement 
     authority to the Bureau of Land Management, the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service to respond to violations of regulations 
     regarding the management, use, and protection of public lands 
     under the jurisdiction of these agencies, and for other 
     purposes.
       H.R. 3422. An act to amend the United States Housing Act of 
     1937 to exempt small public housing agencies from the 
     requirement of preparing an annual public housing agency 
     plan.
       H.R. 3443. An act to direct the Secretary of the Interior 
     to convey certain water distribution facilities to the 
     Northern Colorado Water Conservancy District.
       H.R. 4107. An act to designate the facility of the United 
     States Postal Service located at 1826 Pennsylvania Avenue in 
     Baltimore, Maryland, as the ``Maryland State Delegate Lena K. 
     Lee Post Office Building''.
       H.R. 4295. An act to designate the facility of the United 
     States Postal Service located at 12760 South Park Avenue in 
     Riverton, Utah, as the ``Mont and Mark Stephens en Veterans 
     Memorial Post Office Building''.
       H.R. 4500. An act to designate certain buildings of the 
     Centers for Disease Control and Prevention.

  The message also announced that the House has passed the following 
bill, without amendment:

       S. 1047. An act to require the Secretary of the Treasury to 
     mint coins in commemoration of each of the Nation's past 
     Presidents and their spouses, respectively to improve 
     circulation of the $1 coin, to create a new bullion coin, and 
     for other purposes.

  The message further announced that the House has agreed to the 
following concurrent resolution, in which it requests the concurrence 
of the Senate:

       H. Con. Res. 218. Concurrent resolution recognizing the 
     centennial of sustained immigration from the Philippines to 
     the United States and acknowledging the contributions of our 
     Filipino-American community to our country over the last 
     century.
                                  ____

  At 2:26 p.m., a message from the House of Representatives, delivered 
by Mr. Hays, one of its reading clerks, announced that the House agree 
to the report of the committee of conference on the disagreeing votes 
of the two Houses on the amendment of the Senate to the bill (H.R. 
3199) to extend and modify authorities needed to combat terrorism, and 
for other purposes.
                                  ____

  At 3:57 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House 
agree to the further report of the committee of conference on the 
disagreeing votes of the two Houses on the amendment of the

[[Page 28236]]

Senate to the bill (H.R. 3010) making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies for the fiscal year ending September 30, 2006, and for 
other purposes.

                          ____________________




                          ENROLLED BILL SIGNED

  The message further announced that the Speaker has signed the 
following enrolled bill:

       S. 1047. An act to require the Secretary of the Treasury to 
     mint coins in commemoration of each of the Nation's past 
     Presidents and their spouses, respectively, to improve 
     circulation of the $1 coin, to create a new bullion coin, and 
     for other purposes.

  The enrolled bill was signed subsequently by the President pro 
tempore (Mr. Stevens).

                          ____________________




                           MEASURES REFERRED

  The following bills were read the first and the second times by 
unanimous consent, and referred as indicated:

       H.R. 125. An act to authorize the Secretary of the Interior 
     to construct facilities to provide water for irrigation, 
     municipal, domestic, military, and other uses from the Santa 
     Margarita River, California, and for other purposes; to the 
     Committee on Environment and Public Works.
       H.R. 280. An act to facilitate the provision of assistance 
     by the Department of Housing and Urban Development for the 
     cleanup and economic redevelopment of brownfields; to the 
     Committee on Banking, Housing, and Urban Affairs.
       H.R. 452. An act to authorize the Secretary of the Interior 
     to conduct a study to determine the suitability and 
     feasibility of designating the Soldiers' Memorial Military 
     Museum located in St. Louis, Missouri, as a unit of the 
     National Park System; to the Committee on Energy and Natural 
     Resources.
       H.R. 798. An act to provide for a research program for 
     remediation of closed methamphetamine production 
     laboratories, and for other purposes; to the Committee on 
     Environment and Public Works.
       H.R. 853. An act to remove certain restrictions on the 
     Mammoth Community Water District's ability to use certain 
     property acquired by that District from the United States; to 
     the Committee on Energy and Natural Resources.
       H.R. 975. An act to provide consistent enforcement 
     authority to the Bureau of Land Management, the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service to respond to violations of regulations 
     regarding the management, use, and protection of public lands 
     under the jurisdiction of these agencies, and for other 
     purposes; to the Committee on Energy and Natural Resources.
       H.R. 3422. An act to amend the United States Housing Act of 
     1937 to exempt small public housing agencies from the 
     requirement of preparing an annual public housing agency 
     plan; to the Committee on Banking, Housing, and Urban 
     Affairs.
       H.R. 3443. An act to direct the Secretary of the Interior 
     to convey certain water distribution facilities to the 
     Northern Colorado Water Conservancy District; to the 
     Committee on Energy and Natural Resources.
       H.R. 4107. An act to designate the facility of the United 
     States Postal Service located at 1826 Pennsylvania Avenue in 
     Baltimore, Maryland, as the ``Maryland State Delegate Lena K. 
     Lee Post Office Building''; to the Committee on Homeland 
     Security and Governmental Affairs.
       H.R. 4295. An act to designate the facility of the United 
     States Postal Service located at 12760 South Park Avenue in 
     Riverton, Utah, as the ``Mont and Mark Stephensen Veterans 
     Memorial Post Office Building''; to the Committee on Homeland 
     Security and Governmental Affairs.
       H.R. 4500. An act to designate certain buildings of the 
     Centers for Disease Control and Prevention; to the Committee 
     on Health, Education, Labor and Pensions.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-4803. A communication from the Attorney Advisor, Office 
     of the Secretary, Department of Transportation, transmitting, 
     pursuant to law, the report of a vacancy in the position of 
     Assistant Secretary for Aviation and International Affairs, 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4804. A communication from the White House Liaison, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of conformations for the following positions: 
     Assistant Secretary and Director General; Under Secretary for 
     Export Administration; Assistant Secretary for Export 
     Enforcement; and Under Secretary for International Trade, 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4805. A communication from the White House Liaison, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a change in previously submitted reported 
     information and the discontinuation of service in the acting 
     role for the position of Under Secretary for International 
     Trade, received on November 28, 2005; to the Committee on 
     Commerce, Science, and Transportation.
       EC-4806. A communication from the Secretary, Federal Trade 
     Commission, transmitting, pursuant to law, the report of a 
     rule entitled ``Rule Concerning Disclosures Regarding Energy 
     Consumption and Water Use of Certain Home Appliances and 
     Other Products Required Under the Energy Policy and 
     Conservation Act (`Appliance Labeling Rule')'' (RIN3084-AA74) 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4807. A communication from the Deputy Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Revision License 
     Requirements and Licensing Policy, and Increased Availability 
     of License Exceptions for Certain North Atlantic Treaty 
     Organization (NATO) Member States'' (RIN0694-AD61) received 
     on November 28, 2005; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4808. A communication from the Deputy Assistant 
     Secretary for Export Administration, Bureau of Industry and 
     Security, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Establishment of New 
     License Exception for the Export or Reexport to U.S. Persons 
     in Libya of Certain Items Controlled for Anti-Terrorism 
     Reasons Only on the Commerce Control List'' (RIN0694-AD57) 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4809. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 610 of the Gulf of Alaska'' (I.D. 
     No. 101405B) received on November 28, 2005; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4810. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 630 of the Gulf of Alaska'' (I.D. 
     No. 101705A) received on November 28, 2005; to the Committee 
     on Commerce, Science, and Transportation.
       EC-4811. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries off West Coast States and in the Western Pacific; 
     Pacific Coast Groundfish Fishery; End of the Pacific Whiting 
     Primary Season for the Shore-based Sector and the Resumption 
     of Trip Limits'' (I.D. No. 101805C) received on November 28, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4812. A communication from the Acting Director, Office 
     of Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Temporary Rule; Suspension of the Atlantic Surfclam Minimum 
     Size Limit'' (I.D. No. 101705B) received on November 28, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4813. A communication from the Director, Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     National Oceanic and Atmospheric Administration, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
     Fisheries; Temporary Rule; Inseason Retention Limit 
     Adjustment'' (I.D. No 102505B.) received on November 28, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4814. A communication from the Acting Deputy Assistant 
     Administrator, Office of Sustainable Fisheries, National 
     Marine Fisheries Service, National Oceanic and Atmospheric 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Fisheries off West Coast States and in the 
     Western Pacific; Pacific Coast Groundfish Fishery; Annual 
     Specifications and Management Measures; Inseason 
     Adjustments'' (I.D. No. 093005A) received on November 28, 
     2005; to the Committee on Commerce, Science, and 
     Transportation.
       EC-4815. A communication from the Acting Deputy Assistant 
     Administrator, Office of Sustainable Fisheries, National 
     Marine Fisheries Service, National Oceanic and Atmospheric 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Fisheries off West Coast States and in the 
     Western Pacific; Coastal Pelagic Species Fisheries; Annual 
     Specifications Pacific Mackerel Fishery'' (RIN0648-AS59) 
     received

[[Page 28237]]

     on November 28, 2005; to the Committee on Commerce, Science, 
     and Transportation.
       EC-4816. A communication from the Deputy Assistant 
     Administrator, Office of Sustainable Fisheries, National 
     Marine Fisheries Service, National Oceanic and Atmospheric 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Fisheries of the Caribbean, Gulf of Mexico, 
     and South Atlantic; Comprehensive Amendment to the Fishery 
     Management Plans of the U.S. Caribbean'' (RIN0648-AP51) 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4817. A communication from the Deputy Assistant 
     Administrator, Office of Sustainable Fisheries, National 
     Marine Fisheries Service, National Oceanic and Atmospheric 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Fisheries off West Coast States and in the 
     Western Pacific; Highly Migratory Species Fisheries; Data 
     Collection Requirements for U.S. Commercial and Recreational 
     Charter Fishing Vessels'' ((RIN0648-AT97)(I.D. No. 102903C)) 
     received on November 28, 2005; to the Committee on Commerce, 
     Science, and Transportation.
       EC-4818. A communication from the Deputy Assistant 
     Administrator, Office of Sustainable Fisheries, National 
     Marine Fisheries Service, National Oceanic and Atmospheric 
     Administration, transmitting, pursuant to law, the report of 
     a rule entitled ``Fisheries of the Northeastern United 
     States; Atlantic Sea Scallop Fishery; Framework Adjustment 
     17'' (RIN0648-AT10) received on November 28, 2005; to the 
     Committee on Commerce, Science, and Transportation.
       EC-4819. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Approval and 
     Promulgation of Implementation Plans and Designation of Areas 
     for Air Quality Planning Purposes; Kentucky; Redesignation of 
     the Christian County, Kentucky Portion of the Clarksville-
     Hopkinsville 8-Hour Ozone Nonattainable Area to Attainment 
     for Ozone; Correction'' (FRL7999-5) received on November 28, 
     2005; to the Committee on Environment and Public Works.
       EC-4820. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Indiana: 
     Final Authorization of State Hazardous Waste Management 
     Program Revision'' (FRL8001-3) received on November 28, 2005; 
     to the Committee on Environment and Public Works.
       EC-4821. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled 
     ``Massachusetts: Extension of Interim Authorization of State 
     Hazardous Waste Management Program Revision'' (FRL7988-8) 
     received on November 28, 2005; to the Committee on 
     Environment and Public Works.
       EC-4822. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Revisions to 
     the California State Implementation Plan, Imperial and Santa 
     Barbara County Air Pollution Control Districts'' (FRL7998-4) 
     received on November 28, 2005; to the Committee on 
     Environment and Public Works.
       EC-4823. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``TSCA 
     Inventory Update Reporting Partially Exempted Chemicals List; 
     Addition of 1,2,3-Propanetriol Technical Correction'' 
     (FRL7744-8) received on November 28, 2005; to the Committee 
     on Environment and Public Works.
       EC-4824. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics, and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Underground 
     Injection Control Program--Revision to the Federal 
     Underground Injection Control Requirements for Class 1 
     Municipal Disposal Wells in Florida'' (FRL7999-7) received on 
     November 28, 2005; to the Committee on Environment and Public 
     Works.
       EC-4825. A communication from the Chairman, Nuclear 
     Regulatory Commission, transmitting, pursuant to law, a 
     monthly report on the status of the Commission's licensing 
     activities and regulatory duties for September 2005; to the 
     Committee on Environment and Public Works.
       EC-4826. A communication from the Assistant Secretary of 
     the Army (Civil Works), Department of Defense, transmitting, 
     pursuant to law, a report recommending authorization of the 
     Napa River Salt Marsh Restoration Project, California for the 
     purposes of ecosystem restoration and recreation; to the 
     Committee on Environment and Public Works.
       EC-4827. A communication from the Assistant Secretary of 
     the Army (Civil Works), Department of Defense, transmitting, 
     pursuant to law, a report relative to the Louisiana Coastal 
     Area, Louisiana, Ecosystem Restoration Program; to the 
     Committee on Environment and Public Works.
       EC-4828. A communication from the White House Liaison, 
     Department of the Treasury, transmitting, pursuant to law, 
     (19) reports relative to vacancy announcements within the 
     Department; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-4829. A communication from the Acting Under Secretary of 
     Defense for Acquisition, Technology and Logistics, 
     transmitting, pursuant to law, thirteen quarterly Selected 
     Acquisition Reports (SARs) for the quarter ending September 
     30, 2005; to the Committee on Armed Services.
       EC-4830. A communication from the Under Secretary of 
     Defense for Personnel and Readiness, transmitting, a report 
     on the approved retirement of General Leon J. LaPorte, United 
     States Army, and the grade of general on the retired list; to 
     the Committee on Armed Services.
       EC-4831. A communication from the Under Secretary of 
     Defense for Personnel and Readiness, transmitting, a report 
     on the approved retirement of Lieutenant General Steven R. 
     Polk, United States Air Force, and the grade of lieutenant 
     general on the retired list; to the Committee on Armed 
     Services.
       EC-4832. A communication from the Under Secretary of 
     Defense for Personnel and Readiness, transmitting, 
     authorization of Lieutenant General David D. McKiernan, 
     United States Army, to wear the insignia of the grade of 
     general in accordance with title 10, United States Code, 
     section 777; to the Committee on Armed Services.

                          ____________________




                         DISCHARGED NOMINATIONS

  The Senate Committee on Health, Education, Labor, and Pensions was 
discharged from further consideration of the following nomination and 
the nomination was placed on the Executive Calendar:

       Stephanie Johnson Monroe, of Virginia, to be Assistant 
     Secretary for Civil Rights, Department of Education.

  The Senate Committee on Homeland Security and Governmental Affairs 
was discharged from further consideration of the following nomination 
and the nomination was placed on the Executive Calendar:

       Donald A. Gambatesa, of Virginia, to be Inspector General, 
     United States Agency for International Development.

  The Senate Committee on Foreign Relations was discharged from further 
consideration of the following nomination and the nomination was placed 
on the Executive Calendar:

       Marilyn Ware, of Pennsylvania, to be Ambassador to Finland.
       Nominee: Marilyn Ware.
       Post: Ambassador to Finland.
       The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.
       Contributions, amount, date, and donee:
       1. Marilyn Ware $4351, 1/24/01, Republican National State 
     Elections Committee (RNSEC); $375, 1/26/01, RNSEC; $5,000, 9/
     17/01, Republican Federal Committee of PA; $1,000, 10/11/01, 
     Friends of Jennifer Dunn; $1,000, 11/5/01, Collins for 
     Senator; $9.500, 12/27/01, Republican Party of Florida-
     Nonfederal Account; $2,000, 1/2/02, John Thune for South 
     Dakota; $1,000, 3/14/02, Hagel for Senate; $1,000, 4/1/02, 
     Diane Allen for U.S. Senate; $1,000, 4/15/02, Friends of Joe 
     Pitts; $50,000, 5/16/02, RNSEC; $1,000, 5/29/02, Pat Toomey 
     for Congress; $50,000, 6/11/02, RNSEC; $1,000, 6/17/02, 
     Greenwood for Congress; $1,000, 7/16/02, Friends of Jim 
     Gerlach; $2,000, 7/24/02, Norm Coleman for U.S. Senate; 
     $1,000, 8/22/02, Bill Shuster for Congress; $1,000, 8/29/02, 
     Friends of Scott McInnis; $1,000, 9/16/02, Friends of Melissa 
     Brown; $20,000, 9/30/02, National Republican Senatorial 
     Committee; $1,000, 9/30/02, Friends of Jennifer Dunn; 
     $60,000, 10/23/02, RNSEC; $1,000, 10/28/02, Sandhills PAC; 
     $1,000, 8/27/03, Friends of Joe Pitts; $2,000, 9/11/03, Bush-
     Cheney '04, Inc.; $25,000, 10/7/03, Republican National 
     Committee; $1,000, 10/7/03, Jim Gerlach for Congress; $5,000, 
     3/5/04, Ocean Champions PAC; $2,000, 3/31/04, John Thune for 
     U.S. Senate; $250, 5/7/04, Committee to Elect Sheryl S. 
     Perzel; $1,500, 7/27/04, College Republican National 
     Committee; $1,500, 8/9/04, Paterno for Congress; $250,000, 8/
     11/04, Progress for America Voter Fund; $275, 8/12/04, FED 
     Political Action Committee (aka FED PAC); $5,000, 8/23/04, 
     Specter Senate Victory Committee; $2,000, 8/24/04, John Thune 
     for U.S. Senate; $12,500, 9/24/04, Republican National 
     Committee; $150,000, 9/30/04, Progress for America Voter 
     Fund; $150,000, 10/19/04, Progress for America Voter Fund; 
     $60,000, 10/19/04, Let Freedom Ring; $2,000, 10/30/04, Jim 
     Gerlach for Congress; $1,000, 12/7/04, Republican Federal 
     Committee of PA; $5,000, 4/7/05, America's Foundation-
     Santorum PAC.
       3. Mark A. Strode, son, $250, 10/30/02, Republican National 
     Committee; $2,000, 9/19/03, Bush-Cheney '04 Primary.
       3a. Tina Strode, son's spouse, $2,000, 9/19/03, Bush-Cheney 
     '04 Primary.

[[Page 28238]]

       3b. Scott Strode, son: $800, 7/20/04, Citizens for Arlen 
     Specter.
       3c. Amyla R. Strode, daughter: N/A.
       4. Marian S. Ware, mother: $25,000, 1/9/01, Presidential 
     Inaugural Committee; $2,500, 3/15/01, Republican Senate 
     Special Election Fund; $10,000, 9/17/01, PA Republican State 
     Committee; $1,000, 10/11/01, Friends of Jennifer Dunn; 
     $1,000, 11/9/01, Susan Collins for Senator; $9,500, 12/27/01, 
     Republican Party of Florida--Nonfederal Account; $1,000, 1/2/
     02, John Thune for South Dakota; $1,000, 1/2/02, John Thune 
     for South Dakota; $1,000, 4/15/02, Friends of Joe Pitts; 
     $1,000, 6/19/02, Pat Toomey for Congress Committee; $1,000, 
     6/17/02, Greenwood for Congress; $1,000, 7/16/02, Friends of 
     Jim Gerlach; $1,000, 9/17/02, Melissa Brown for Congress 
     Committee; $25,000, 9/30/02, NRSC; $1,000, 10/4/02, Team 
     Sununu; $75,000, 10/23/02, Republican National State 
     Elections Committee; $2,000, 9/18/03, Bush-Cheney '04; 
     $2,000, 9/30/03, Bush-Cheney '04; $25,000, 10/7/03, 
     Republican National Committee; -$2,000, 10/30/03, Bush-Cheney 
     '04 (Refund); $2,000, 4/7/04, Citizens for Arlen Specter; 
     $2,000, 4/7/04, Citizens for Arlen Specter; $15,000, 7/23/04, 
     Choices for America; $500,000, 8/17/04, Progress for America 
     Voter Fund; $10,000, 9/9/04, National Republican Senatorial 
     Committee; $10,000, 9/9/04, Specter Senate Victory Committee; 
     $1,500, 12/7/04, Republican Federal Committee of 
     Pennsylvania. $250,000, 10/19/04, Progress for America Voter 
     Fund; $2,000, 10/30/04, Jim Gerlach for Congress Committee.
       5. Grandparent's: N/A.
       6. Paul W. Ware, brother: $2,000, 9/24/01, Republican 
     Federal Committee of Pennsylvania; $1,000, 10/18/01, Citizens 
     for Arlen Specter; $100, 12/21/01, NARAL; $30, 9/16/02, 
     Friends of Tony Allen; $250, 11/15/02, Citizens for Arlen 
     Specter; $1,000, 12/31/02, Citizens for Arlen Specter; $100, 
     12/31/02, NARAL; $250, 2/24/03, Fund for Choice; $100, 4/8/
     03, Friends of Dennis Stuckey; $1,000, 4/10/03, Friends of 
     Better Government; $1,000, 4/10/03, Friends of Dennis 
     Stuckey; $1,000, 4/21/03, Citizens for Arlen Specter; $1,000, 
     4/21/03, Citizens for Arlen Specter; $5,000, 5/15/03, Friends 
     of Better Government; $2,000, 10/31/03, Bush-Cheney '04; 
     $100, 12/24/03, ACLU; $50, 12/24/03, NOW; $1,000, 3/15/04, 
     ``Big Tent'' PAC; $1,000, 3/25/04, Republican Federal 
     Committee of Pennsylvania; $100, 5/27/04, ACLU; $50,000, 8/
     26/04, Progress for America Voter Fund; $50,000, 8/27/04, 
     Progress for America Voter Fund; $250, 9/13/04, Wenger for 
     Senate Committee; $500, 9/29/04, Friends of Better 
     Government; $2,000, 11/29/04, Friends of John Perzel;
       6a. Judy S. Ware, brother's spouse: $250, 4/9/03, Citizens 
     for Arlen Specter; $1,500, 4/21/03, Citizens for Arlen 
     Specter; $2,000, 4/21/03, Citizens for Arlen Specter; $2,000, 
     10/31/03, Bush-Cheney '04; $250, 11/19/03, Citizens for Arlen 
     Specter.
       6b. John H. Ware IV, brother: $12,000, 3/8/01, Republican 
     National Committee; $500, 10/13/04, Friends of Scott Paterno; 
     $500, 10/13/04, Freshman PAC; $500, 12/21/04, Freshmen PAC.
       7. Carol Ware Gates, sister: $260, 12/2/01, The Wish List; 
     $1,000, 1/3/03, RNC; $2,000, 3/26/03, Friends of Joe Pitts; 
     $4,000, 4/10/03, Citizens for Arlen Specter; $4,000, 4/16/03, 
     The Jim Geriach for Congress Committee; $4,000, 7/2/03, 
     Republican National Committee; $100, 7/23/03, RNC Life 
     Membership Program; $2,000, 9/10/03, Bush-Cheney '04; $500, 
     10/29/03, Republican National Committee; $1,000, 2/18/04, The 
     Chairman's Advisory Board; $100, 2/18/04, National Republican 
     Congressional Committee; $2,000, 4/21/04, John Kerry for 
     President; $150, 6/30/04, The Presidents Dinner; $25, 7/21/
     04, The Chairman's Advisory Board; $2,000, 8/25/04, Kerry-
     Edwards 2004 GELAC; $100, 8/25/04, Friends of Joe Pitts; 
     $2,975, 2/9/05, The Chairman's Advisory Board; $150, 2/16/05, 
     National Republican Congressional Committee; $1,000, 6/22/05, 
     Planned Parenthood Action Fund PAC.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. COLEMAN (for himself, Mr. Dayton, Mrs. 
             Feinstein, and Mrs. Boxer):
       S. 2096. A bill to amend the Torture Victims Relief Act of 
     1998 to authorize appropriations to provide assistance for 
     domestic and foreign programs and centers for the treatment 
     of victims of torture, and for other purposes; to the 
     Committee on Foreign Relations.
           By Ms. MIKULSKI:
       S. 2097. A bill to assist members of the Armed Forces in 
     obtaining United States citizenship, and for other purposes; 
     to the Committee on the Judiciary.
           By Ms. MURKOWSKI (for herself, Mr. Akaka, and Mr. 
             Bingaman):
       S. 2098. A bill to amend the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 to clarify the 
     eligibility of certain employees of the Department of Energy 
     under that Act; to the Committee on Health, Education, Labor, 
     and Pensions.
           By Mr. REID (for himself, Mr. Ensign, Mr. Bennett, and 
             Mr. Hatch):
       S. 2099. A bill to amend the Nuclear Waste Policy Act of 
     1982 to require commercial nuclear utilities to transfer 
     spent nuclear fuel from spent nuclear fuel pools into spent 
     nuclear fuel dry casks and convey to the Secretary of Energy 
     title to all spent nuclear fuel thus safely stored; to the 
     Committee on Environment and Public Works.
           By Mr. SMITH (for himself and Mr. Kerry):
       S. 2100. A bill to amend the Internal Revenue Code of 1986 
     to improve the deduction for depreciation; to the Committee 
     on Finance.
           By Mr. CHAMBLISS:
       S. 2101. A bill for the relief of Charles Nyaga; to the 
     Committee on the Judiciary.
           By Mr. ALLARD (for himself and Mr. Salazar):
       S. 2102. A bill to amend the Cache La Poudre River Corridor 
     Act to designate a new management entity, make certain 
     technical and conforming amendments, enhance private property 
     protections, and for other purposes; to the Committee on 
     Energy and Natural Resources.
           By Mr. REID (for Mr. Lieberman):
       S. 2103. A bill to impose a temporary windfall profits tax 
     on crude oil and provide a rebate to each household from the 
     revenues resulting from such tax; to the Committee on 
     Finance.
           By Mr. REID (for Mr. Lieberman (for himself, Mr. 
             Cochran, Mr. Carper, and Mrs. Hutchison)):
       S. 2104. A bill to amend the Public Health Service Act to 
     establish the American Center for Cures to accelerate the 
     development of public and private research efforts towards 
     tools and therapies for human diseases with the goal of early 
     disease detection, prevention, and cure, and for other 
     purposes; to the Committee on Health, Education, Labor, and 
     Pensions.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Ms. LANDRIEU (for herself, Mr. Burr, Mr. Bingaman, 
             Mrs. Feinstein, and Mr. Isakson):
       S. Res. 331. A resolution expressing the sense of the 
     Senate regarding fertility issues facing cancer survivors; to 
     the Committee on Health, Education, Labor, and Pensions.
           By Mr. DeMINT (for himself and Mr. Graham):
       S. Res. 332. A resolution honoring the life of former 
     Governor Carroll A. Campbell, and expressing the deepest 
     condolences of the Senate to his family; considered and 
     agreed to.
           By Mr. AKAKA (for himself, Mr. Inouye, and Mr. 
             Lautenberg):
       S. Res. 333. A resolution recognizing the centennial of 
     sustained immigration from the Philippines to the United 
     States and acknowledging the contributions of our Filipino-
     American community to our country over the last century; 
     considered and agreed to.
           By Mr. ISAKSON:
       S. Con. Res. 69. A concurrent resolution supporting the 
     goals and ideals of a Day of Hearts, Congenital Heart Defect 
     Day in order to increase awareness about congenital heart 
     defects, and for other purposes; to the Committee on Health, 
     Education, Labor, and Pensions.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 333

  At the request of Mr. Thomas, his name was added as a cosponsor of S. 
333, a bill to hold the current regime in Iran accountable for its 
threatening behavior and to support a transition to democracy in Iran.


                                 S. 408

  At the request of Mr. DeWine, the name of the Senator from New Mexico 
(Mr. Bingaman) was added as a cosponsor of S. 408, a bill to provide 
for programs and activities with respect to the prevention of underage 
drinking.


                                 S. 678

  At the request of Mr. Reid, the name of the Senator from Minnesota 
(Mr. Dayton) was added as a cosponsor of S. 678, a bill to amend the 
Federal Election Campaign Act of 1971 to exclude communications over 
the Internet from the definition of public communication.


                                 S. 691

  At the request of Mr. Domenici, the name of the Senator from Alabama 
(Mr. Sessions) was added as a cosponsor of S. 691, a bill to modify the 
prohibition on recognition by United States courts of certain rights 
relating to certain marks, trade names, or commercial names.


                                 S. 716

  At the request of Mr. Akaka, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 716, a bill to amend title 
38, United States Code, to enhance services provided by vet centers, to 
clarify and improve the provision of bereavement

[[Page 28239]]

counseling by the Department of Veterans Affairs, and for other 
purposes.


                                 S. 765

  At the request of Mr. Warner, the name of the Senator from 
Pennsylvania (Mr. Santorum) was added as a cosponsor of S. 765, a bill 
to preserve mathematics- and science-based industries in the United 
States.


                                 S. 959

  At the request of Mr. Sarbanes, the name of the Senator from Virginia 
(Mr. Warner) was added as a cosponsor of S. 959, a bill to establish 
the Star-Spangled Banner and War of 1812 Bicentennial Commission, and 
for other purposes.


                                 S. 981

  At the request of Mr. Durbin, the name of the Senator from South 
Carolina (Mr. Graham) was added as a cosponsor of S. 981, a bill to 
ensure that a Federal employee who takes leave without pay in order to 
perform service as a member of the uniformed services or member of the 
National Guard shall continue to receive pay in an amount which, when 
taken together with the pay and allowances such individual is receiving 
for such service, will be no less than the basic pay such individual 
would then be receiving if no interruption in employment had occurred.


                                S. 1033

  At the request of Mr. McCain, the names of the Senator from Florida 
(Mr. Martinez) and the Senator from Illinois (Mr. Obama) were added as 
cosponsors of S. 1033, a bill to improve border security and 
immigration.


                                S. 1035

  At the request of Mr. Inhofe, the names of the Senator from North 
Dakota (Mr. Conrad) and the Senator from Washington (Mrs. Murray) were 
added as cosponsors of S. 1035, a bill to authorize the presentation of 
commemorative medals on behalf of Congress to Native Americans who 
served as Code Talkers during foreign conflicts in which the United 
States was involved during the 20th century in recognition of the 
service of those Native Americans to the United States.


                                S. 1315

  At the request of Mr. Lugar, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 1315, a bill to require a 
report on progress toward the Millennium Development Goals, and for 
other purposes.


                                S. 1317

  At the request of Mr. Hatch, the name of the Senator from 
Pennsylvania (Mr. Santorum) was added as a cosponsor of S. 1317, a bill 
to provide for the collection and maintenance of cord blood units for 
the treatment of patients and research, and to amend the Public Health 
Service Act to authorize the Bone Marrow and Cord Blood Cell 
Transplantation Program to increase the number of transplants for 
recipients suitable matched to donors of bone marrow and cord blood.


                                S. 1378

  At the request of Mr. Talent, the names of the Senator from Virginia 
(Mr. Allen) and the Senator from Rhode Island (Mr. Chafee) were added 
as cosponsors of S. 1378, a bill to amend the National Historic 
Preservation Act to provide appropriation authorization and improve the 
operations of the Advisory Council on Historic Preservation.


                                S. 1399

  At the request of Mr. Thomas, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 1399, a bill to improve 
the results the executive branch achieves on behalf of the American 
people.


                                S. 1479

  At the request of Mr. Reed, his name was added as a cosponsor of S. 
1479, a bill to provide for the expansion of Federal efforts concerning 
the prevention, education, treatment, and research activities related 
to Lyme and other tick-borne diseases, including the establishment of a 
Tick-Borne Diseases Advisory Committee.


                                S. 1523

  At the request of Ms. Snowe, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 1523, a bill to amend 
the Internal Revenue Code of 1986 to make permanent increased expensing 
for small businesses.


                                S. 1604

  At the request of Mr. Craig, the name of the Senator from Vermont 
(Mr. Leahy) was added as a cosponsor of S. 1604, a bill to restore to 
the judiciary the power to decide all trademark and trade name cases 
arising under the laws and treaties of the United States, and for other 
purposes.


                                S. 1687

  At the request of Ms. Mikulski, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. 1687, a bill 
to amend the Public Health Service Act to provide waivers relating to 
grants for preventive health measures with respect to breast and 
cervical cancers.


                                S. 1779

  At the request of Mr. Akaka, the names of the Senator from Illinois 
(Mr. Durbin), the Senator from Washington (Mrs. Murray) and the Senator 
from Maine (Ms. Collins) were added as cosponsors of S. 1779, a bill to 
amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure 
the humane slaughter of nonambulatory livestock, and for other 
purposes.


                                S. 1791

  At the request of Mr. Smith, the name of the Senator from Texas (Mr. 
Cornyn) was added as a cosponsor of S. 1791, a bill to amend the 
Internal Revenue Code of 1986 to allow a deduction for qualified timber 
gains.


                                S. 1930

  At the request of Mr. Reid, the names of the Senator from Rhode 
Island (Mr. Reed) and the Senator from New Mexico (Mr. Bingaman) were 
added as cosponsors of S. 1930, a bill to expand the research, 
prevention, and awareness activities of the National Institute of 
Diabetes and Digestive and Kidney Diseases and the Centers for Disease 
Control and Prevention with respect to inflammatory bowel disease.


                                S. 2012

  At the request of Mr. Stevens, the names of the Senator from Texas 
(Mrs. Hutchison), the Senator from New Jersey (Mr. Lautenberg), the 
Senator from Massachusetts (Mr. Kerry) and the Senator from Mississippi 
(Mr. Lott) were added as cosponsors of S. 2012, a bill to authorize 
appropriations to the Secretary of Commerce for the Magnuson-Stevens 
Fishery Conservation and Management Act for fiscal years 2006 through 
2012, and for other purposes.


                                S. 2071

  At the request of Ms. Snowe, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. 2071, a bill to 
amend title XVIII of the Social Security Act to clarify congressional 
intent regarding the counting of residents in the nonhospital setting 
under the medicare program.


                                S. 2082

  At the request of Mr. Leahy, the names of the Senator from New York 
(Mrs. Clinton), the Senator from New Jersey (Mr. Lautenberg) and the 
Senator from North Dakota (Mr. Conrad) were added as cosponsors of S. 
2082, a bill to amend the USA PATRIOT Act to extend the sunset of 
certain provisions of that Act and the lone wolf provision of the 
Intelligence Reform and Terrorism Prevention Act of 2004 to March 31, 
2006.


                                S. 2085

  At the request of Mr. Baucus, the name of the Senator from Montana 
(Mr. Burns) was added as a cosponsor of S. 2085, a bill to provide a 
supplemental payment to assist agricultural producers in mitigating 
increasing input costs, including energy and fertilizer costs.


                                S. 2088

  At the request of Mr. Allard, the name of the Senator from New 
Hampshire (Mr. Sununu) was added as a cosponsor of S. 2088, a bill to 
assist low-income families, displaced from their residences in the 
States of Alabama, Louisiana, and Mississippi as a result of Hurricane 
Katrina, by establishing within the Department of Housing and Urban 
Development a homesteading initiative that offers displaced low-income 
families the opportunity to purchase a home owned by the Federal 
Government, and for other purposes.


                               S. RES. 33

  At the request of Mr. Levin, the name of the Senator from Connecticut

[[Page 28240]]

(Mr. Lieberman) was added as a cosponsor of S. Res. 33, a resolution 
urging the Government of Canada to end the commercial seal hunt.


                              S. RES. 283

  At the request of Mr. Allen, the name of the Senator from Hawaii (Mr. 
Inouye) was added as a cosponsor of S. Res. 283, a resolution 
recognizing the contributions of Korean Americans to the United States 
and encouraging the celebration of ``Korean American Day''.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MIKULSKI:
  S. 2097. A bill to assist members of the Armed Forces in obtaining 
United States citizenship, and for other purposes; to the Committee on 
the Judiciary.
  Ms. MIKULSKI. Mr. President, I am here today to talk about a bill I 
will be introducing that rights a wrong and corrects a terrible 
injustice. I am introducing legislation called the Kendell Frederick 
Citizenship Assistance Act of 2005. This is legislation was inspired by 
a young man from the State of Maryland, who was in the Army, had a 
green card, was serving this country, though not a citizen, and was 
killed while serving in Iraq. He was killed by a roadside bomb on his 
way to be fingerprinted, on his way to become a U.S. citizen. He died 
on his way to become a U.S. citizen because of the failed and flawed 
information he was given by our immigration system.
  He was a terrific young man, who came to this country when he was 
fifteen from Trinidad. He joined his mother here in the U.S. and wanted 
so much to be part of this country. He wanted to serve this country and 
so he joined the ROTC when he was in high school. In fact, Randallstown 
High School has one of the best high school ROTCs programs that 
Maryland has. After graduation, he then joined the Army and off he went 
to train to serve this country.
  He was killed by the botched bureaucracy of the U.S. Government, by 
their incompetence, by their indifference, by their ineptitude; and 
this is absolutely inexcusable. Every military death in Iraq is a 
tragedy, but this one did not need to happen. I am going to tell you a 
little bit about him and then tell you what happened.
  As I said, he graduated from high school and he decided to join the 
Army with hopes that he would go back to school. In the Army he was a 
generator mechanic assigned to a heavy combat battalion. His job was to 
keep that battalion running. All he wanted was to do a good job, help 
his buddies stay alive, stay alive himself, defend what we were doing 
in Iraq and, along the way, become an American citizen and come back 
home and resume his life. He had been trying to become an American 
citizen for a while. He started working on it when he joined the Army.
  Mr. President, because I know of your keen interest in national 
security, I understand that you know when you join the Army you are 
fingerprinted and a background check is run. We just don't let anybody 
join the United States Army. You can't get in if you are a drug dealer, 
if you have an extensive criminal record or if you would be a threat to 
the security of the United States. You can't get in if there is even a 
hint that you might be connected to a terrorist organization. So 
Kendell Frederick was accepted into the Army after all these security 
checks were run and his background was vetted. Then he sent in his 
citizenship application but, guess what, he checked the wrong box. What 
did that mean? Here he was, training for war, packing up to go to Iraq, 
saying goodbye to his mom, his brother and two sisters and in the 
middle of this he checked the wrong box saying that he was not in the 
military. So his application was derailed, not once but three different 
times.
  The first time was after his mother checked the correct box saying 
that Kendell was in the military. Immigration sent the application to 
the wrong office, not the one that handles military applications that 
is on a fast track but the general one where all the applications are 
all stacked up. Second, Immigration rejected the fingerprints that were 
sent from the military. There was no explanation. His mother did not 
know why the fingerprints had been rejected. He had sent in the 
paperwork from Iraq. As I said, Kendell had already been fingerprinted, 
had already had his background vetted when he joined the military. So 
here was a guy who had been fingerprinted and cleared to join the 
military. The Army had said, you are OK, Kendell. He had an FBI 
background check run. The FBI said you are OK, Kendell. The Army wants 
somebody like you. But when he tried to get through Immigration, they 
said no, the fingerprints he had taken when he joined the military and 
even the fingerprints he sent into immigration were not enough.
  Finally, when his mother called this 1-800 Immigration number--you 
try to call that number--she got no help. It is like trying to make a 
call from the Superdome in the middle of Katrina. You are not going to 
get help going to get the right answer. His mother called that number. 
They told his mother that he had to return from Baghdad and go to 
Baltimore to get his fingerprints. His mother got on the phone again, 
because he can't call from Baghdad--he is being shot at, he is trying 
to defend himself and the troops of the United States of America--so he 
was a little busy, couldn't afford to get a busy signal from 
Immigration.
  When his mother called and said, ``My boy is in Baghdad,'' 
Immigration at the 800 number told her, there was nothing they could 
do. They didn't even know their own rules. They didn't know their own 
system. They didn't know their own laws. Immigration was wrong. They 
gave his mother the wrong information.
  So here is Kendell, still keeping in touch, still trying to do his 
job, trying to get his fingerprints taken to become a U.S. citizen. 
Finally, there was an arrangement made. His staff sergeant came to his 
rescue and made arrangements for him to be fingerprinted at a nearby 
air base so he could complete this application. On October 19, with the 
help of his staff sergeant, he was traveling in a convoy to get his 
fingerprints. He didn't usually go in convoys, but that day he was on 
that convoy to get his fingerprints to become an American citizen--to 
compensate for the botched mistakes of Immigration--and on his way a 
roadside bomb killed him.
  They told his mother that immigration would give Kendell U.S. 
citizenship. They granted his citizenship a week after he died. He was 
buried at Arlington, as he should have been. He was trying to do the 
right thing, yet he was given the wrong information.
  As I said, his staff sergeant tried to help him, his mother tried to 
help him, but the system, the immigration system, failed him time and 
time again.
  When I called his mother--and I try to call all the families of our 
military from Maryland who die; some I reach, some I do not--I spoke to 
his mother. She said to me that she did not want another mother to go 
through what she went through, to go through what her son went through. 
Service members and their moms and dads should not be worrying about 
what box to check, where the fingerprints are, et cetera. She said 
Immigration should know their own rules. When we explained to her the 
rules of Immigration, that he should have been fast tracked, that these 
fingerprints should have been OK, that he did not have to pay a $400 
fee, she said, ``Nobody told me that.'' Every time I called, I got 
different information.
  I am introducing legislation today to prevent this from happening 
again. His mother asked me to introduce legislation, and she asked me 
to call it the Kendell Frederick law. I am doing that today, and over 
in the House Congressman Elijah Cummings is doing the same thing. We 
made this promise when we stood in the church, a small, humble church 
in an African-American community in Baltimore. We made this pledge to 
his mother that we would do this for her and we are here today to do 
just that.
  The legislation I am introducing today makes it easier for military 
servicemembers to become citizens. The

[[Page 28241]]

provisions cut through the redtape. It requires Immigration to use the 
fingerprints the military takes when the person enlists in the 
military.
  It requires the creation of a military citizen advocate to inform the 
servicemembers about the citizenship process and help with the 
application.
  It also means they won't leave boot camp unless they are absolutely 
apprised of all of the rules and all of the regulations about how to 
apply to become a U.S. citizen.
  The very process they have to go through to join the military, 
finger-
printing and FBI background check, should be good enough. Because you 
see, deep down inside, we believe that if you are good enough to fight 
for this country, you are good enough to become a citizen of this 
country.
  There is a pileup of 3,000 people with green cards fighting in our 
military today who have applied to become American citizens. You should 
not have to be standing in that kind of line. We are not saying let 
anyone become a U.S. citizen, but these are men and women who joined 
the military and fighting for this country. They have a green card, 
they have been fingerprinted, and they have passed an FBI check. Why do 
they have to go through it all over again?
  We are passing a law that would stop this needless bureaucracy, and 
we are establishing a special 800 number for our military and their 
families.
  We talk a lot about standing up for our troops, and we certainly 
should stand up for our troops. This means we should stand up for them 
and enable them to follow their dreams. They are certainly standing up 
for us.
  Today, we introduced the Kendell Frederick bill to make sure that 
anyone in the military who wants to be a U.S. citizen, who has a green 
card, and who passed the fingerprint checks will be able to do so 
quickly and easily. If they are willing to fight for America and die 
for America, they should be able to become an American citizen.
  I will be circulating a ``Dear Colleague'' to my colleagues to join 
it. I hope we can pass this legislation on a bipartisan basis so that 
as men and women such as Kendell Frederick fight for freedom, we ensure 
that their memory is not in vain.
  I thank the Chair.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself, Mr. Akaka, and Mr. Bingaman):
  S. 2098. A bill to amend the Energy Employees Occupational Illness 
Compensation Program Act of 2000 to clarify the eligibility of certain 
employees of the Department of Energy under that Act; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. MURKOWSKI. Mr. President, I send to the desk for appropriate 
reference legislation that will clarify that citizens of the former 
Trust Territory of the Pacific Islands are eligible for coverage and 
potential compensation under the Energy Employees Occupational Illness 
Compensation Program Act, EEOICPA, for workers who developed radiogenic 
cancers and other ailments after working at the Pacific Test Site in 
the Marshall Islands.
  An estimated up to 500 Republic of Marshall Islanders and other 
Micronesian workers may have been employed by the Department of Energy, 
or its predecessor agency, or Department subcontractors prior to 1986 
when the Trusteeship was terminated for all areas except Palau. Both 
Bikini and Enewetak Atolls were the sites for numerous nuclear and 
thermonuclear tests. Other atolls, such as Rongelap and Utrik, were 
affected by fallout from the Bravo hydrogen bomb test in March 1954.
  Congress, in 2000, approved a compensation program to provide aid and 
pay medical bills for those who suffered radiation-caused illnesses 
because of working on the nuclear weapons program. Congress 
specifically set up a ``Special Exposure Cohort'' to provide 
compensation to certain workers with radiogenic cancer and other 
illnesses because it was presumed that their illnesses resulted from 
workplace exposure to radiation caused by their Government work. 
Congress, in 2004, amended the act, first approved in the 2001 Military 
Construction Authorization Act, to speed payments of compensation, 
including funds for lost wages to workers or their heirs, to those who 
worked for the Department of Energy and its predecessor agency on 
nuclear weapons programs.
  Earlier this year the Committee on Energy and Natural Resources held 
an oversight hearing to review a number of issues raised by the 
government of the Republic of the Marshall Islands related to the 
effects of the nuclear testing program. One of the issues was coverage 
for residents of the then-trust territory who were employed during the 
testing and subsequent cleanup. During that period, the United States 
was the administering authority over the area under a United Nations 
Trusteeship Agreement and exercised all the powers of a sovereign. It 
seems somewhat incongruous for the Congress to have established a 
program that applied to U.S. citizens but not to those who lived and 
worked under U.S. administration.
  That also seems reasonable, since there is little other reason for 
the specific inclusion of the Pacific Test Site if the workers were not 
to be covered. During Senate debate, Senator Bingaman, a conferee on 
the amendment, submitted a list of DOE facilities intended to be 
covered by the act--a list which included the Marshall Islands, 146 
Cong. Rec. S. 4754-7.
  While most of the issues raised by the Minister of Foreign Affairs 
for the Marshall Islands during our oversight hearing are now being 
discussed with various Federal agencies under the auspices of Secretary 
of the Interior Norton, this is an issue that will require 
congressional action, given the interpretations from Federal agencies 
that questioned whether Congress intended the Act to apply 
extraterritorially. The act, of course, applies to individuals not 
jurisdictions and the specific mention of the Pacific Test Site and 
Enewetak would seem to indicate that Congress intended to include 
workers at the site.
  Subsequent to the hearing, I had the privilege to meet privately with 
the President of the Marshall Islands when he visited Washington in 
early September. We had a good meeting and at the time I offered my 
assistance in ensuring that the proper agencies or groups would review 
the issues they had raised. As I indicated, most of these issues are 
properly now being discussed with representatives of the Marshalls 
through a multi-agency dialogue headed by Secretary Norton. This issue, 
however, may be one that is best handled directly through the 
congressional process. Therefore, when I was asked by the Marshall's 
Embassy here in Washington if I would introduce a bill to clarify 
worker eligibility so that the proper congressional committees could 
review it, I agreed.
  Given the paperwork, record and radiation dosage requirements for 
receipt of compensation, it is far from clear how many Marshallese and 
Micronesian workers will actually qualify for the up to $150,000 in 
compensation, plus medical benefits and lost wage compensation for 
ailments caused by radiation stemming from the weapons tests. That is 
an issue that I hope the congressional committees will consider 
sympathetically. But it is only just that the program be opened equally 
to all Department of Energy workers or subcontract workers who labored 
to produce nuclear weapons to help this Nation's national defense at a 
critical period of the Cold War. As an Alaskan from a State whose 
workers have been compensated for injuries they gained resulting from 
underground weapons testing at Amchitka Island in the Aleutian Chain 
almost immediately after the ending of weapons testing in the 
atmosphere over the Marshall Islands, it is impossible not to support 
aid for the Marshallese.
  While Congress and the administration continue to weigh additional 
aid to the Republic of the Marshall Islands, passage of this measure 
would be a sign of this Nation's continued commitment to aid the 
islanders who in February 1946 followed the advice of Bikinian leader, 
King Juda, and agreed to leave the Bikini Atoll so America could use it 
for weapons testing saying, ``We will go believing that everything is 
in the hands of God.''

[[Page 28242]]

  I appreciate the understanding and the patience shown by the 
Marshall's Government and their citizens as we proceed to review the 
issues raised concerning the effects of the nuclear testing program, 
and I hope the introduction of this legislation will be seen as an 
example of our commitment to see that those issues receive a full and 
fair review and discussion.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Ensign, Mr. Bennett, and Mr. 
        Hatch):
  S. 2099. A bill to amend the Nuclear Waste Policy Act of 1982 to 
require commercial nuclear utilities to transfer spent nuclear fuel 
from spent nuclear fuel pools into spent nuclear fuel dry casks and 
convey to the Secretary of Energy title to all spent nuclear fuel thus 
safely stored; to the Committee on Environment and Public Works.
  Mr. REID. Mr. President, I rise today for Senator Ensign, Senator 
Bennett and myself to introduce a bill to increase the safety and 
security of our Nation's nuclear power infrastructure, The Spent 
Nuclear Fuel On-Site Storage Security Act of 2005.
  I am convinced that the proposed Yucca Mountain nuclear waste dump 
will never be built because of the myriad of scientific, safety and 
technical problems in which it is mired. It simply is neither safe nor 
secure, as illustrated by several significant scientific, legal, and 
budgetary setbacks this past year.
  Here are some of the highlights: On July 9, 2004, the DC Circuit 
Court of Appeals sided with the people of Nevada in a lawsuit to stop 
the proposed Yucca Mountain project. The court decided that U.S. 
Environmental Protection Agency's radiation standard for the site was 
not stringent enough to protect the public from the significant risks 
associated with nuclear waste and failed to follow the recommendation 
by the National Academy of Sciences.
  On August 31, 2004, the Nuclear Regulatory Commission's Atomic Safety 
and Licensing Board rejected Department of Energy's Yucca Mountain 
document database, saying it had failed to make public many of the 
documents that it had in its possession. The Board said, ``Given the 15 
years that DOE had to gather, review, and produce its documents and the 
fact that the date of production, and the incompleteness of its 
privilege review, it is clear to us that DOE did not meet its 
obligation, in good faith, to make all reasonable efforts to make all 
documentary materials available.''
  On October 4, 2004, the DOE Inspector General found that DOE has 
given away more than $500,000 worth of Yucca Mountain construction 
equipment in 2003. Half a million dollars is a tremendous amount of the 
people's money to waste.
  On November 22, 2004, the Nuclear Waste Technical Review Board said 
DOE does not have a plan for safely transporting nuclear waste to the 
proposed repository.
  On February 7, 2005, Dr. Margaret Chu, most recently the Director of 
the Office of Civilian Radioactive Waste Management, said the project 
would be delayed until 2012 and that DOE's license application to the 
Nuclear Regulatory Commission would not be filed until December 2005, 
delayed a year. To date, the license application still has not been 
filed.
  On February 8, 2005, the Nuclear Waste Technical Review Board have 
called for hearings to review concerns over the corrosion of the 
titanium drip shields that are intended to keep water from leaking into 
casks inside Yucca Mountain.
  On February 28, 2005, a DOE official said the proposed Yucca Mountain 
repository may not open until 2015.
  On March 16, 2005, DOE revealed that documents and models about water 
infiltration at Yucca Mountain, a key issue, had been falsified.
  On July 18, 2005, DOE announced that it will use dedicated train 
service for its rail transport of spent nuclear fuel and high-level 
waste to Yucca Mountain, a shift from two decades of administration 
policy that ignores the fact that about one-third of reactor sites are 
not capable of shipping fuel by rail.
  On August 22, 2005, EPA published its revised radiation standards for 
the proposed Yucca Mountain high-level waste dump. These standards are 
wholly inadequate, do not meet the law's requirements and do not 
protect public health and safety.
  On October 13, 2005, DOE began a series of actions to overhaul the 
Yucca Mountain project. We are going back to the drawing board, 
frequently revisiting proposals discarded decades ago as unsafe or 
unworkable.
  On October 25, 2005, DOE announced that it would be redesigning the 
spent fuel storage process, both the containers and facilities.
  On November 16, 2005, the DOE Inspector General announced that DOE 
has ignored numerous admitted instances of falsification of technical 
and scientific date on the project, showing that years of quality 
assurance problems continue.
  On November 17, 2005, DOE sent a detailed letter to its contractor 
specifying some of the desired changes in the site proposal.
  At the December 7, 2005, at the NRC-DOE quarterly meeting on Yucca 
Mountain, DOE announced that it expects to re-baseline the project mid-
2006, requiring many of the technical and scientific analyses to be 
redone.
  On November 19, 2005, the Energy and Water Appropriations bill became 
law, cutting the Yucca Mountain budget to $577 million, half of what 
DOE said it would need to keep the project on track.
  In numerous media reports, DOE has confirmed that it is preparing a 
legislative package that addresses Yucca Mountain. Clearly, DOE cannot 
meet the current public health, safety and technical requirements.
  It should be clear to anyone that the proposed Yucca Mountain project 
is scientifically unsound and that it cannot meet the requirements of 
law. It is not going anywhere. Delay after delay costs the taxpayers 
billions and billions of dollars for a project that the courts have 
ruled does not meet sufficient safety or public health standards. I do 
not believe that Yucca Mountain will ever open, and Nevada and the 
country will be safer for our successful efforts to stop the project.
  Yet, we must safely store spent nuclear fuel.
  A 1979 study by the Sandia National Laboratory determined that, if 
all the water were to drain from a spent fuel pool, dense-packed spent 
fuel would likely heat up to the point where it would burst and then 
catch fire, releasing massive quantities of volatile radioactive 
fission products into the air. Both the short-term and the long-term 
contamination impacts of such an event could be significantly worse 
than those from Chernobyl. The consequences would be so severe and 
would affect such a large area that all precautions must be taken to 
preclude them. This is the type of serious, avoidable risk against 
which all the Nation's nuclear sites can and should be protected to 
counter terrorist threats.
  It is time to look at other nuclear waste alternatives. Fortunately, 
the technology to realize a viable, safe and secure alternative is 
readily available and can be fully implemented within 6 years if we act 
now. That technology is dry cask storage.
  The technology for long-term storage of spent nuclear fuel in dry 
storage casks has improved dramatically in the past 20 years. Seventeen 
cask designs have. been licensed by the Nuclear Regulatory Commission, 
which says that spent nuclear fuel can be safely stored using dry cask 
storage on-site at the nuclear power plants for at least 100 years. 
Already, dry casks safely store spent nuclear fuel at 34 sites 
throughout the country, many of them near communities, water ways and 
transportation routes. The Nuclear Energy Institute has projected 83 of 
the 103 active reactors will have dry storage by 2050.
  Compared to water-filled pools, dry storage casks are significantly 
less vulnerable to natural and human-induced disasters, including 
floods, tornadoes, temperature extremes, sabotage, and missile attacks. 
In addition, dry storage casks are not subject to drainage

[[Page 28243]]

risks, whether intentional or accidental.
  On March 28, 2005, the Washington Post revealed that a classified 
National Academy of Sciences report concluded that the government does 
not fully understand the risks a terrorist attack could pose to spent 
nuclear fuel pools and that it ought to expedite the removal of the 
fuel to dry storage casks that are more resilient to attack.
  Our bill requires commercial nuclear utilities to safely transfer 
spent nuclear fuel from temporary storage in water-filled pools to 
secure storage in licensed, on-site dry cask storage facilities. After 
transferal, the Secretary of Energy will take title and full 
responsibility for the possession, stewardship, maintenance, and 
monitoring of all spent fuel thus safely stored. Finally, our bill 
establishes a grant program to compensate utilities for expenses 
associated with transferring the waste. The costs of transferring the 
waste and providing the grants will be offset by withdrawals from the 
utility-funded Nuclear Waste Fund.
  Nuclear facilities currently provide 20 percent of our Nation's 
electricity, but in light of the events of September 11, they also 
present a security risk that we simply must address. There cannot be 
any weak links in the chain of security of our Nation's nuclear power 
infrastructure. There is absolutely no justification for endangering 
the public by densely packing nuclear waste in vulnerable spent fuel 
pools when it can be stored safely and securely in dry casks. This bill 
guarantees all Americans that our Nation's nuclear waste will be stored 
in the safest way possible.
  I ask unanimous consent that the text of the bill printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2099

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spent Nuclear Fuel On-Site 
     Storage Security Act of 2005''.

     SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

       (a) In General.--Title I of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10121 et seq.) is amended by adding at the 
     end the following:

          ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel

     ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL.

       ``(a) Definitions.--In this section:
       ``(1) Contractor.--The term `contractor' means a person 
     that holds a contract under section 302(a).
       ``(2) Spent nuclear fuel pool.--The term `spent nuclear 
     fuel pool' means a water-filled container in which spent 
     nuclear fuel rods are stored.
       ``(3) Spent nuclear fuel dry cask.--The term `spent nuclear 
     fuel dry cask' means the container, and all the components 
     and systems associated with the container, in which spent 
     nuclear fuel is stored at a Commission-licensed independent 
     spent fuel storage facility located at the power reactor 
     site. The design of any such spent nuclear fuel dry cask 
     shall be approved by the Commission.
       ``(b) Transfer of Spent Nuclear Fuel.--
       ``(1) In general.--A contractor shall transfer spent 
     nuclear fuel from spent nuclear fuel pools to spent nuclear 
     fuel dry casks at a Commission-licensed independent spent 
     fuel storage facility located at the power reactor site.
       ``(2) Spent nuclear fuel stored as of date of enactment.--A 
     contractor shall complete the transfer of all spent nuclear 
     fuel that is stored in spent nuclear fuel pools as of the 
     date of enactment of this subsection not later than 6 years 
     after the date of enactment of this subsection.
       ``(3) Spent nuclear fuel stored after date of enactment.--A 
     contractor shall complete the transfer of any spent nuclear 
     fuel that is stored in a spent nuclear fuel pool after the 
     date of enactment of this subsection not later than 6 years 
     after the date on which the spent nuclear fuel is discharged 
     from the reactor.
       ``(4) Inadequate funds.--If funds are not available to 
     complete a transfer under paragraph (2) or (3), the 
     contractor may apply to the Commission to extend the deadline 
     for the transfer to be completed.
       ``(c) Funding.--The Secretary shall make grants to 
     compensate a contractor for expenses incurred in carrying out 
     subsection (b), including costs associated with--
       ``(1) licensing and construction of an independent spent 
     fuel storage facility located at the power reactor site;
       ``(2) construction and delivery of spent nuclear fuel dry 
     casks;
       ``(3) transfers of spent nuclear fuel;
       ``(4) documentation relating to the transfers;
       ``(5) security; and
       ``(6) hardening.
       ``(d) Conveyance of Title.--
       ``(1) Determination.--Not later than 30 days after the 
     transfer of spent nuclear fuel from a spent nuclear fuel pool 
     to a spent nuclear fuel dry cask, the Commission shall 
     determine whether the contractor carried out the transfer in 
     full compliance with regulations promulgated by the 
     Commission.
       ``(2) Noncompliance.--If the Commission determines that any 
     technical standard or compliance provision under the 
     regulations was not complied with, the Commission shall--
       ``(A) notify the contractor; and
       ``(B) take such actions as are necessary to obtain full 
     compliance.
       ``(3) Certification and conveyance of title.--When the 
     Commission determines that the contractor has fully complied 
     with the regulations--
       ``(A) the Commission shall certify that safe transfer has 
     been accomplished; and
       ``(B) the Secretary shall accept the conveyance of title to 
     the spent nuclear fuel dry cask (including the contents of 
     the cask) from the contractor.
       ``(4) Responsibility.--A conveyance of title under 
     paragraph (3)(B) shall confer on the Secretary full 
     responsibility (including financial responsibility) for the 
     possession, stewardship, maintenance, and monitoring of all 
     spent nuclear fuel transferred to the Secretary.''.
       (b) Funding.--Section 302(d) of the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10222(d)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) the provision of grants under section 185(d).''.

     SEC. 3. IMMEDIATE CONVEYANCE OF TITLE TO SPENT NUCLEAR FUEL 
                   PREVIOUSLY CERTIFIED TO BE IN COMPLIANCE.

       Not later than 30 days after the date of enactment of this 
     Act, the Secretary of Energy shall accept the conveyance of 
     title to all spent nuclear fuel with respect to which, before 
     the date of enactment of this Act, the Nuclear Regulatory 
     Commission has certified that a contractor under section 302 
     of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) has 
     completed transfer to spent nuclear fuel dry casks in 
     compliance with applicable regulations in effect as of the 
     date of transfer.
                                 ______
                                 
      By Mr. SMITH (for himself and Mr. Kerry):
  S. 2100. A bill to amend the Internal Revenue Code of 1986 to improve 
the deduction for depreciation; to the Committee on Finance.
  Mr. SMITH. Mr. President, our economy has changed dramatically in 
recent years as a result of the development of new technologies and 
industries. However, we have not updated our tax depreciation system to 
reflect these advancements. In fact, the recovery periods used to 
calculate depreciation allowances have not been adjusted since 1986--
and in some cases not since 1962. For example, a personal computer has 
a depreciable life of 5 years even though its economic life is only 2 
to 3 years.
  Today, I am introducing legislation that will respond to these 
changes by modernizing and simplifying the tax depreciation rules. 
Senator Kerry has joined me in introducing the Tax Depreciation, 
Modernization and Simplification Act of 2005, which will encourage 
capital investment and make it easier for companies to comply with the 
tax law.
  This legislation will allow the Treasury Department, in consultation 
with Congress, to modify and create new class lives for capital assets. 
Any new classification created by the Treasury Department must reflect 
the anticipated useful life and decline in value over time of the 
asset. In addition, it should take into account when the asset is 
technologically or functionally obsolete for its original purpose. With 
this new regulatory authority, Treasury will be able to develop class 
lives that are more in line with assets' economic lives.
  Another provision in this legislation deals with the mid-quarter 
convention. The mid-quarter convention is one of the placed-in-service 
conventions that directs when depreciation for an asset begins or ends. 
The mid-quarter convention, however, creates significant complexity. 
Taxpayers must wait until after the tax year ends to determine whether 
to use the half-year or mid-

[[Page 28244]]

quarter convention. Therefore, consistent with a Joint Committee on 
Taxation recommendation, the bill eliminates the mid-quarter convention 
for simplification purposes.
  Small businesses are the heart of our economy. We, in Congress, 
should do everything we can to ease the administrative burdens for 
small businesses. That is why we should make small business expensing 
permanent. These rules permit small businesses to expense immediately 
up to $100,000 of the cost of property each year. This proposal will 
maintain this important simplification which is set to expire at the 
end of 2007.
  Finally, this legislation will allow for mass asset accounting. 
Currently, companies must generally calculate depreciation on an item-
by-item basis. For example, if a company has 200 desks or 200 
computers, they must account for and depreciate each item separately. 
This can be a challenge and an administrative burden for companies--
especially with small items, like chairs and telephones. Therefore, the 
bill will permit all companies to elect to use mass asset accounting 
for property that costs less than $10,000.
  The bipartisan Tax Depreciation, Modernization and Simplification Act 
of 2005 will make much needed changes to the tax depreciation system. I 
look forward to working with my colleagues to enact these important 
reforms and I ask unanimous consent that the text of the bill be 
printed in the record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2100

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tax Depreciation, 
     Modernization, and Simplification Act of 2005''.

     SEC. 2. AUTHORITY TO MODIFY CLASS LIVES.

       (a) In General.--Paragraph (1) of section 168(i) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) Class life.--
       ``(A) In general.--Except as provided in this section, the 
     term `class life' means the class life (if any) which would 
     be applicable with respect to any property as of January 1, 
     1986, under subsection (m) of section 167, as in effect on 
     the day before the date of the enactment of the Revenue 
     Reconciliation Act of 1990 (determined without regard to 
     paragraph (4) thereof and as if the taxpayer had made an 
     election under such subsection).
       ``(B) Secretarial authority.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary, after consultation with Congress, may prescribe by 
     regulation--

       ``(I) a new class life for any property, or
       ``(II) a class life for any property which does not have a 
     class life within the meaning of subparagraph (A).

       ``(ii) Exceptions.--Clause (i) shall not apply to--

       ``(I) residential rental property or nonresidential real 
     property, or
       ``(II) property for which a class life, classification, or 
     recovery period is assigned under subsection (e)(3) (other 
     than subparagraph (C)(v) thereof) or subparagraph (B), (C), 
     or (D) of subsection (g)(3).

       ``(iii) Standards.--Any class life prescribed or modified 
     under clause (i) shall reasonably reflect the anticipated 
     useful life and the anticipated decline in value over time of 
     the property to the industry or other group, and shall take 
     into account when the property is technologically or 
     functionally obsolete for the original purpose under which it 
     was acquired.
       ``(iv) Consultation.--Not later than 60 days before the 
     date on which the Secretary publishes any proposed regulation 
     under clause (i), the Secretary shall submit to Congress the 
     proposed regulation together with a report containing the 
     information considered by the Secretary in modifying or 
     prescribing any class life under the regulation.
       ``(v) Monitoring.--The Secretary, through an office 
     established in the Treasury, shall monitor and analyze actual 
     experience with respect to depreciable assets to which this 
     subparagraph applies.
       ``(C) Effect of modification.--Any class life with respect 
     to any property prescribed or modified under subparagraph (B) 
     shall be used in classifying such property under subsection 
     (e) and in applying subsection (g).''.
       (b) Application of Congressional Review Act.--For purposes 
     of applying chapter 8 of title 5, United States Code, to any 
     regulation prescribed under section 168(i)(1)(B) of the 
     Internal Revenue Code of 1986, each class life prescribed 
     under such section shall be considered to be a separate rule.
       (c) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 3. ELIMINATION OF MID-QUARTER CONVENTION.

       (a) In General.--Subsection (d) of section 168 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking paragraph (3) and redesignating paragraph 
     (4) as paragraph (3), and
       (2) in paragraph (3), as redesignated by paragraph (1), by 
     striking subparagraph (C).
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 4. MASS ASSET ACCOUNTING.

       (a) In General.--Section 168 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(l) Mass Asset Accounting.--
       ``(1) Election.--
       ``(A) In general.--In lieu of the deduction otherwise 
     allowed under this section with respect to an item of 
     qualified property, the taxpayer may elect to add the 
     adjusted basis of such property to the mass asset account of 
     the taxpayer to which such qualified property is assigned and 
     to determine the deduction under this section using the 
     applicable depreciation method with respect to such mass 
     asset account.
       ``(B) Election to apply to all assets of the taxpayer with 
     same recovery period.--An election made under subparagraph 
     (A) shall be made in such manner as the Secretary may by 
     regulations prescribe and shall apply to all qualified 
     property of the taxpayer which has the same applicable 
     recovery period for such taxable year and all subsequent 
     taxable years.
       ``(C) Election irrevocable.--Any election made under this 
     paragraph shall be irrevocable except with the consent of the 
     Secretary. The Secretary shall prescribe rules for the proper 
     accounting of assets in a mass asset account in the case of 
     any such revocation.
       ``(2) Special rules.--
       ``(A) Modification of depreciation method.--In applying the 
     applicable depreciation method to any mass asset account, 
     subsection (b) shall be applied without regard to paragraph 
     (1)(B) thereof.
       ``(B) Adjustment to reflect half-year convention.--In 
     applying the deduction allowable under subsection (a) to any 
     mass asset account, the amount of the deduction under 
     subsection (a) shall be--
       ``(i) 100 percent of the deduction otherwise allowed under 
     this section in the case of qualified property placed in 
     service before the beginning of the taxable year, and
       ``(ii) 50 percent of the deduction otherwise allowed under 
     this section with respect to qualified property placed in 
     service during the taxable year.
       ``(C) Sale of qualified property.--
       ``(i) In general.--In the case of the sale of any property 
     the adjusted basis of which has been added to a mass asset 
     account, the balance of the mass asset account to which such 
     property was assigned shall be reduced (but not below zero) 
     by the amount of the proceeds from such sale.
       ``(ii) Recognition of gain.--If the proceeds from the sale 
     of any property the adjusted basis of which has been added to 
     a mass asset account exceed the balance of such mass asset 
     account, then the excess shall be treated as ordinary income.
       ``(3) Qualified property.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified property' means any tangible property--
       ``(i) to which an applicable depreciation method under 
     paragraph (1) or (2) of subsection (b) applies, and
       ``(ii) the cost of which is not more than $10,000.
       ``(B) Inflation adjustment.--
       ``(i) In general.--In the case of any taxable year 
     beginning after 2006, the $10,000 amount under subparagraph 
     (A)(ii) shall be increased by an amount equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2005' 
     for `calendar year 1992' in subparagraph (B) thereof.

       ``(ii) Rounding.--If any amount as adjusted under the 
     clause (i) is not a multiple of $1,000, such amount shall be 
     rounded to the next lowest multiple of $1,000.
       ``(4) Mass asset account.--The term `mass asset account' 
     means an account of the taxpayer which reflects the adjusted 
     basis of all qualified property to which the same applicable 
     depreciation method and applicable recovery period 
     applies.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 5. PERMANENT EXTENSION OF EXPENSING FOR SMALL 
                   BUSINESSES.

       (a) Dollar Limitation.--Paragraph (1) of section 179(b) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``$25,000 ($100,000 in the case of taxable years beginning 
     after 2002 and before 2008)'' and inserting ``$100,000''.
       (b) Reduction in Limitation.--Paragraph (2) of section 
     179(b) of such Code is amended by striking ``$200,000 
     ($400,000 in the case of taxable years beginning after 2002 
     and before 2008)'' and inserting ``$400,000''.
       (c) Inflation Adjustments.--Subparagraph (A) of section 
     179(b)(5) of such Code is amended by striking ``and before 
     2008''.

[[Page 28245]]

       (d) Election.--Paragraph (2) of section 179(c) of such Code 
     is amended by striking ``and before 2008''.
       (e) Computer Software.--Clause (ii) of section 179(d)(1)(A) 
     is amended by striking ``and before 2008''.

  Mr. KERRY. Mr. President, today Senator Smith and I are introducing 
the Tax Depreciation, Modernization, and Simplification Act of 2005. 
Last July, the Senate Finance Subcommittee on Long-Term Growth and Debt 
Reduction, on which Senator Smith is chairman and I am ranking member, 
held a hearing on updating our depreciation system. During the hearing, 
we heard that the current depreciation system is out of date and that 
changes should be made.
  Our tax system allows, as a current expense, a depreciation deduction 
that represents a reasonable allowance for the exhaustion, wear and 
tear of property used, or of property held for the production of 
income. Since 1981, the depreciation deduction for most tangible 
property has been under rules specified in section 168 of the Internal 
Revenue Code. The Modified Accelerated Cost Recovery System, or MACRS, 
specified under section 168 applies to most new investment in tangible 
property. MACRS depreciation allowances are computed by determining a 
recovery period called a class life and an applicable recovery method 
for each asset.
  The current depreciation system has not kept pace with technological 
advances. Several industries were not even contemplated when class 
lives were assigned in 1981, and some class lives even date back to 
1962.
  In the 1980s it would have been difficult to imagine what our 
reliance on computer and wireless technology would be today. At that 
time, for example, the wireless industry was in its infancy, and there 
was no specifically assigned life for wireless equipment. As a result, 
today's depreciation system is like playing ``audit roulette.'' There 
is no certainty in how these assets should be depreciated.
  All this matters because it impacts investment, innovation, 
competitiveness, and ultimately the quality and quantity of jobs in 
America. My home State of Massachusetts is a leader in the high tech 
industry. Massachusetts employs hundreds of thousands of skilled 
workers in key technology sectors, including computer hardware, life 
sciences, software, medical products, semiconductor, defense technology 
and telecommunications. We have learned in Massachusetts that a 
strategic tax policy can have a positive effect on economic 
competitiveness.
  For these reasons, we are introducing the Tax Depreciation, 
Modernization, and Simplification Act of 2005. This legislation makes 
four important changes to the current depreciation system.
  First, the legislation creates a process that provides the Department 
of Treasury with the authority to modernize class lives. The Secretary 
of the Treasury will prescribe regulations to provide a new class life 
for certain eligible property. Eligible property does not include 
residential rental property, nonresidential real property, or property 
for which Congress has specifically legislated the recovery period.
  The purpose of this provision is to provide Treasury with a mechanism 
to modify class lives that reasonably reflect the anticipated useful 
life and the anticipated decline in value over time of the property to 
the industry and take into account when the property becomes 
technologically or functionally obsolete to perform its original 
purpose. Treasury will also have the authority to modify class lives in 
order to more accurately reflect economic depreciation. For example, a 
personal computer has a depreciable life of 5 years, but it has an 
economic life of only 2 to 3 years. Even though a computer can be used 
for 5 years, it becomes economically obsolete after a couple of years 
because of the newer, faster, and more advanced computers on the 
market.
  Our depreciation system has not been adequately updated since 
Congress revoked Treasury's rule making authority in 1988. When the 
MACRS system was enacted in 1986, Congress directed Treasury to 
establish an office to monitor and analyze the actual experience with 
class lives and to modify class lives if the new class life reasonably 
reflected the anticipated useful life and the anticipated decline in 
value over time of the property to the industry. The authority was then 
revoked because Congress did not agree with all of the decisions made 
by Treasury.
  The authority provided in this legislation addresses this previous 
problem by requiring Treasury to consult with Congress 60 days prior to 
publishing any proposed regulations. In addition, the Congressional 
Review Act would apply to any regulation proposed by Treasury and each 
class life prescribed by Treasury would be considered a separate rule.
  Providing Treasury with the authority to modify class lives would 
allow the process to move more efficiently than allowing Congress to 
make piecemeal changes to the current depreciation system. Congress 
would provide guidelines, and Treasury would have the role of 
administering the guidelines. Under the legislation, Treasury would 
monitor and analyze the actual experience of depreciable assets and 
report their findings to Congress. We expect Treasury to establish 
guidelines that will take into consideration the fact that some assets 
lose a significant percentage of their original value in the early part 
of their lives. This legislation specifically provides consultation 
with Congress in order for Congress to continue to have a role in this 
important tax policy issue.
  We do not expect Treasury within the first year or two to review all 
classes of assets. Rather, we expect Treasury to begin with new assets 
that do not fit into the system, assets that have underdone 
technological advances, and existing assets that do not really fit into 
the current system. For example, the current system creates an 
irrational result for fiber optic lines. The class life of a fiber 
optic line depends upon whether if it is used for one-way or two-way 
communications.
  Second, the legislation would eliminate the mid quarter convention. 
The placed-in-service conventions determine the point in time during 
the year that the property is considered ``placed in service'' and this 
determines when depreciation for an asset begins or ends. Under current 
law, there are the half-year, mid month, and mid quarter conventions. 
The mid quarter convention is a source of complexity because it 
requires an analysis of the depreciable basis of property placed in 
service during the last 3 months of any taxable year. The Joint 
Committee on Taxation recommended the elimination of the mid-quarter 
convention in its 2001 recommendations on simplifying the Federal tax 
system. The calculation of the mid-quarter convention is burdensome, 
and it requires taxpayers to wait until after the end of the taxable 
year to determine whether the proper placed-in-service convention was 
used to calculate depreciation for assets during the taxable year.
  Third, the legislation would allow taxpayers to elect to use mass 
asset accounting for assets with a cost of less than $10,000. 
Generally, taxpayers calculate depreciation on an item-by-item basis. 
The bill would allow taxpayers to elect to use mass asset accounting 
for all assets with the same recovery period. This provision will help 
simplify the recordkeeping associated with depreciation.
  Fourth, the legislation would permanently extend increased expensing 
for small businesses. In lieu of depreciation, a taxpayer with a small 
amount of annual investment may elect to deduct such costs. The Jobs 
and Growth Tax Relief Reconciliation Act of 2003 increased the amount a 
taxpayer may deduct from $25,000 to $100,000 and increased the total 
amount of investment a business can make in a year and still qualify 
for expensing from $200,000 to $400,000. In addition, the Act allows 
off-the-shelf computer software to be eligible for the provision. These 
changes originally were effective for 3 years. The American Jobs 
Creation Act of 2004 provided an additional 2 year extension of this 
provision through 2007.
  The Tax Depreciation, Modernization, and Simplification Act of 2005 
would make the $100,000 and $400,000 amounts permanent and index them 
for inflation. Off-the-shelf computer software would be eligible for 
the provision. Increased expensing for small

[[Page 28246]]

businesses helps lower the cost of capital for small businesses and 
eliminates complicated recordkeeping. In addition, it should reduce 
administrative costs for small businesses.
  The provisions in this legislation will not be the only 
recommendations made on how to improve our current depreciation system, 
but the four components of this legislation will result in updating and 
simplifying the current depreciation system. The Tax Depreciation, 
Modernization, and Simplification Act of 2005 will provide certainty 
for taxpayers and put an end to ``audit roulette.''
                                 ______
                                 
      By Mr. REID (for Mr. Lieberman (for himself, Mr. Cochran, Mr. 
        Carper, and Mrs. Hutchison)):
  S. 2104. A bill to amend the Public Health Service Act to establish 
the American Center for Cures to accelerate the development of public 
and private research efforts towards tools and therapies for human 
diseases with the goal of early disease detection, prevention, and 
cure, and for other purposes; to the Committee on Health, Education, 
Labor, and Pensions.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
  Mr. LIEBERMAN. Mr. President, today, Senator Cochran, Senator Carper, 
Senator Hutchison, and I are introducing the American Center for CURES 
Act of 2005, which would establish the American Center for Cures, 
within the National Institutes of Health (NIH). The purpose of the 
Center would be to bring promising and novel diagnostics, therapies, 
drugs, and tools to treat disease faster to the public.
  We continue to face significant health challenges. In the US today, 
chronic diseases account for 7 out of 10 deaths, with the major killers 
being heart attack, cancer and stroke. Seventy percent of the $1.7 
trillion dollars we spend on healthcare each year goes to chronic 
disease care. Around the world, HIV, tuberculosis, and malaria kill 4, 
3, and 2 million people a year. On the horizon are emerging manmade and 
natural threats such as SARS, flu and bioterrorism. There are other 
diseases that we need better treatments and cures for, but that we do 
not devote enough attention to. Diseases of social stigma, such as 
depression, which is the most frequent reason people visit their 
physician, and seizure disorder, which is the primary neurological 
disorder in children, are often neglected. We have bacteria growing and 
spreading in our hospitals that do not respond to our antibiotic 
supply. These are the health challenges facing us in the 21st century.
  Fortunately, the United States has no equal in the biomedical 
sciences. This is due in large part to our nation's premier biomedical 
research investment the--NIH, which receives $28 billion per year after 
a doubling of their budget of $14 billion from 1998 to 2003. The NIH is 
comprised of 27 major institutes and centers, leading the way for the 
world in cancer, cardiovascular, infectious disease and allergy 
advancements for health promotion and relief from the burdens of 
disease. US biomedical advances are also due to our dynamic 
biotechnology and pharmaceutical sectors.
  In our search for answers to our pressing health problems, the NIH 
has grown in the number of Institutes and Centers and in funding. At 
the same time, Congress and others have wanted to ensure that we are 
building on NIH's strengths to respond to complex health problems 
requiring interdisciplinary and collaborative work. Therefore, Congress 
commissioned the 2003 National Academy of Sciences report, ``Enhancing 
the Vitality of the National Institutes of Health: Organizational 
Change to Meet New Challenges'', that examined whether and how we could 
optimize the NIH's organizational structure to meet our next set of 
health challenges.
  The report stated that ``no organization as important as NIH should 
remain frozen in organization space''. At the same time, the report 
cautioned that any changes in organizational structure to achieve 
greater progress in chronic and emerging diseases were not without some 
difficulty and risk. The NAS report made a number of recommendations 
and our CURES legislation addresses the six major points.
  First, CURES seeks to strengthen the clinical research process by 
streamlining the clinical trials process by creating Centralized 
Internal Review Boards (CIRB). CIRB's would focus on simplifying the 
human subjects review processes for multi-institutional clinical 
trials. CURES also significantly augments current NIH investments to 
train the clinical research workforce of the future, and provides 
additional funding for multidisciplinary teams of researchers examining 
issues of quality and design of clinical trials. We need to continue to 
bring safe and effective diagnostics and therapeutics, but more 
efficiently.
  Secondly, our proposal enhances and increases trans-NIH strategic 
planning and funding. Currently, the NIH's 27 Centers and Institutes 
each have their own directors and budgets and thus, operate 
independently. The resulting structural and organizational stovepipes 
are limited in their ability to capitalize on the NIH's collective 
research capacity to address complex problems using the expertise of 
multiple fields. For example, the problem of diabetic retinopathy could 
be tackled by researchers in the Institutes of the Eye, Diabetes, 
Digestive and Kidney disease, Biomedical Imaging and Bioengineering, 
and Allergy Immunology and Infectious disease. However, there are few 
mechanisms for such trans-Institute initiatives that could lead to a 
cure or treatment. To address this problem, CURES has created multiple 
funding mechanisms for trans-Institute research and cross-fertilization 
of ideas. Strategic planning and prioritizing disease research is also 
integral to achieving progress more quickly. Therefore, the American 
Center for CURES Act would establish a CURES council, comprised of key 
health stakeholders to produce a translational research agenda for the 
Center based on research breakthroughs and areas of health need.
  Thirdly, the American Center for CURES Act of 2005 strengthens the 
Office of the NIH Director. Our legislation emphasizes the need for 
greater budgetary support and flexibility in the area of translational 
research. This follows much of the NIH Director's current efforts with 
the NIH Roadmap. Our legislation further supports the spirit of the NIH 
Roadmap with organizational and funding commitments that bring 
translational research investment to a necessary and appropriate scale, 
which has not been the case to date. The NIH Director, with the CURES 
Advisory Council, would play a key role in these efforts by 
recommending appointees for the Director of the American Center for 
CURES to the President. The NIH Director will also be a co-chair of the 
Center's Council and have a leading role in setting the research and 
funding priorities for translational research projects at the NIH. The 
NIH Director will also head other initiatives outlined in the 
legislation, such as launching a publicly accessible electronic 
database for all published NIH funded research.
  Fourth, our legislation creates a Director's Special Projects 
Program, called the Health Advanced Research Projects Agency (HARPA). 
The NAS committee recommended the creation of a program to support 
high-risk, high-potential payoff research. The Department of Defense 
has had significant success with its Defense Advanced Research Program 
Agency (DARPA), where a group of expert portfolio managers invest in 
and oversee innovative, multidisciplinary, collaborative proj-
ects to advance specific fields or to develop needed technologies. 
DARPA has lead to the creation of stealth technology, satellite 
surveillance, lasers, internet, and e-mail. Based on this model, HARPA 
would be housed within the Center and would help lead breakthrough 
advances using a translational ``challenge model'' in biomedical 
research. Breakthroughs could include a vaccine or other treatment 
against HIV or genetic probes pivotal to the elucidation of disease 
producing genes. HARPA would also be the key funding mechanism for 
trans-Institute research to prioritize and foster collaborative

[[Page 28247]]

and trans-Institute research initiatives.
  Fifth, the NAS report recommended that the NIH intramural research 
program be more unique, innovative, and risk-taking. In response, CURES 
creates an Office of Intramural Risk Mapping, within the Office of 
Technology Transfer, which will oversee NIH's intramural research 
programs to help assure they are complementary to extramural and 
private sector research. The Office will also ensure that intramural 
research is also innovative and risk-taking to produce more novel and 
promising biomedical breakthroughs. The office will also make funds 
available to trans-Institute and center initiatives that focus on 
health risk analysis and corresponding scientific risk opportunity.
  Sixth, our legislation addresses the NAS report recommendation to 
standardize data and information management systems. The report was 
clear that the NIH must increase its capacity for data gathering and 
reporting to meet its obligations ``. . . for effective management, 
accountability, and transparency.'' Cures seek to improve the sharing 
of information by providing funding to the National Library of Medicine 
to create and maintain a publicly accessible database of all 
publications resulting from NIH-funded research and by establishing a 
national electronic registry and results database to increase 
enrollment in public and private clinical trials and to share efficacy 
and safety outcomes emanating from NIH-funded clinical research 
endeavors. Cures focuses on the need to expand the NLM facilities 
according to the demands of new scientific discoveries and fields, 
especially within the areas of genomics and proteinomics.
  In addition to the NAS report recommendations, other changes in the 
biomedical research landscape demand more targeted investments in 
promising and novel treatments. Our current response to research on 
important health problems is arguably dichotomous. We invest public 
money into the NIH or we hope the private market will produce essential 
drugs and tools. However, there needs to be greater collaboration 
between the private and public sectors. Private sector investment in 
biomedical research has grown to approximately $46 billion per year--
far more than our public sector investment in NIH. For new and 
effective therapies to become available, we need to build better public 
and private partnerships. Cures includes key provisions to accomplish 
this. Cures promotes the innovative efforts of small to medium sized 
biotechnology and bioengineering firms who require additional support 
in key traditionally under-funded stages of product development--the so 
called R&D ``Valley of Death.'' It expands the NIH's current small 
business support and rapid access to interventional development 
programs to move basic science through the product development pipeline 
faster. These programs would facilitate NIH partnerships with private 
industry in the preclinical stage of the R&D process so as to formulate 
a plan for health research translation and commercialization from the 
outset. Additionally, our legislation would move the NIH's Office of 
Technology Transfer into the American Center for Cures, where it would 
survey research being conducted in the private and public sectors to 
avoid duplication, target promising research investments, and broker 
more flexible and productive agreements for licensing and patents 
between the public and private sectors. The HARPA entity within the 
center is also designed to promote public-private joint R&D efforts.
  Today, we are proposing the establishment of the American Center for 
Cures, whose mission would be to promote more rapid translation of 
public and private research into therapies, diagnostics and tools, 
which can effectively treat and possibly cure diseases of critical 
importance to domestic and global health. With more targeted investment 
in translating our basic science research into diagnostics and 
therapeutics, we hope to bring more tangible health benefits to 
Americans and people all over the world.
  I ask unanimous consent that explanatory materials on the legislation 
including, ``Short Summary of the American Center for CURES Act of 
2005,'' ``Explanation of How the American Center for CURES Act of 2005 
Addresses the Findings of the 2003 National Academy of Sciences Report: 
`Enhancing the Vitality of the National Institutes of Health: 
Organizational Change to Meet New Challenges','' ``Section by Section 
Summary of the American Center for CURES Act of 2005,'' the full text 
of the legislation, and ``Quotes in Support of the American Center for 
CURES Act of 2005'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      A Short Summary of the American Center for CURES Act of 2005

       A bill to facilitate more rapid development of novel 
     diagnostics, therapies, and cures
       From 1998-2003, Congress doubled funding to the world's 
     leader in biomedical research, the National Institutes of 
     Health (NIH), to $28 billion per year. In order to meet 21st 
     century health challenges and optimize the use of this public 
     investment, Senators Lieberman and Cochran have introduced 
     legislation to increase the capacity of the NIH to produce 
     effective treatments, diagnostics and cures for our nation's 
     most burdensome diseases using a novel approach to publicly 
     funded research.
       Cures will do the following:
       Create an American Center for Cures (ACC) in the NIH to 
     orchestrate focused research and development of solutions to 
     pressing ailments. The ACC, led by a Center Director, will 
     identify and promote translational research, which involves 
     developing basic science research for application purposes, 
     in the public and private sectors. The ACC will fund 
     innovative and collaborative research, breakdown bottlenecks 
     in clinical research, and facilitate information exchange.
       Establish an advisory council comprised of key health 
     experts and stakeholders to advise the ACC on national 
     medical needs and novel developments in all sectors. To use 
     public funds effectively, a centralized mechanism to track 
     research on health threats is necessary. A Council will 
     inform the ACC on biomedical needs, technical feasibility 
     issues, and current research breakthroughs.
       Create a Health Advanced Projects Agency for research 
     promotion. A research projects agency will promote strategic 
     risk-taking and follow a ``challenge model'' to support 
     innovative multidisciplinary research between NIH Institutes, 
     other federal agencies, grantees and business partners, for 
     projects with the potential for significant health impact. 
     Funding for projects will be flexible and outcomes based.
       Promote the innovative efforts of small to medium sized 
     biotechnology and bioengineering firms. The ACC will support 
     firms requiring assistance in key traditionally underfunded 
     stages of research and development, the R&D ``Valley of 
     Death''. Funding will be available to assist companies with 
     promising and novel therapeutics and diagnostics in both 
     preclinical and clinical stages.
       Strengthen the clinical research process. Clinical trials 
     are essential to ensuring the safety and efficacy of new 
     products. The ACC will streamline clinical trial protocols to 
     supply the public with new treatments in a timelier, more 
     efficient, and more economical way. It will augment NIH 
     training funds to create a clinical research workforce of the 
     future. It will establish a clinical trial registry and 
     results database to promote information sharing and to avoid 
     duplicative efforts.
       Facilitate complete and efficient transfer of intellectual 
     property from development at the molecular level to clinical 
     trials and into production. Active participation of the 
     commercial sector in development is critical. An Office of 
     Technology Transfer in the ACC will catalog and disseminate 
     the NIH translational research portfolio and oversee NIH 
     intellectual property licensing.
                                  ____


Explanation of How the American Center for CURES Act of 2005 Addresses 
     the Findings of the 2003 National Academy of Sciences Report: 
    ``Enhancing the Vitality of the National Institutes of Health: 
             Organizational Change to Meet New Challenges''


                               Background

       The health challenges facing the U.S. and the world today 
     are a mix of infectious diseases, such as HIV, tuberculosis 
     and malaria, long-standing chronic such as diabetes and 
     cancer, and new emerging threats, such as SARS and avian 
     influenza. In the context of these growing concerns, Congress 
     commissioned the National Academy of Sciences (NAS) in 2001 
     to report on ``whether the current structure and organization 
     of NIH are optimally configured for the scientific needs of 
     the 21st century.'' Indeed, NIH is America's premier public 
     research investment and between 1998 and 2003, the NIH budget 
     of $14 billion dollars doubled to $28 billion. By 
     commissioning the NAS report, Congress asked how it might 
     optimize its burgeoning research investment. Congress 
     solidified its

[[Page 28248]]

     support for the NIH but simultaneously posed questions of NIH 
     can best address domestic and global health needs:
       Are the 27 NIH Institutes and Centers able to coordinate 
     their research goals and priorities to reflect the 
     multidisciplinary nature of today's health problems?
       How is the NIH producing and sharing biomedical knowledge 
     from multiple disciplines to spur the development of clinical 
     tools, drugs, and other therapies to battle longstanding and 
     emerging diseases?
       Can the NIH respond effectively to acute health threats, 
     such as to burgeoning HIV infection rates and the threat of a 
     bioterrorism attack?
       Is the NIH cultivating the next generation of researchers 
     to build upon the great works of NIH past?
       The end result was the 2003 NAS and Institute of Medicine 
     (IOM) report, ``Enhancing the Vitality of the National 
     Institutes of Health: Organizational Change to Meet New 
     Challenges''. The report reinforced NIH successes over the 
     last 50 years as the national and global leader in biomedical 
     research. NIH accomplished this by developing a cutting edge 
     internal research infrastructure and a democratic extramural 
     grant program that almost single-handedly supports 
     University-based research in the biological sciences. 
     However, the report also cautioned that ``no organization as 
     important as NIH should remain frozen in organizational 
     space'' and any changes in organizational structure to 
     achieve greater progress in chronic and emerging diseases, 
     however essential, would face difficulty and risk.


                          NAS Report Findings

       The NAS report made a total of 14 recommendations. In the 
     final analysis, the NAS report recommended maintaining the 
     general structure of NIH to ensure NIH's strengths would be 
     protected: conducting essential basic science, and disease, 
     behavioral, organ, and system based research in its 
     intramural program and funding peer-reviewed grants to 
     University researches in its extramural program. However, the 
     report also recognized the need for organizational changes 
     which could help institutes work across their respective 
     stovepipes, foster a culture of risk-taking and innovation, 
     and give the NIH director, other leadership, and the public 
     the power to prioritize NIH research to solve the Nation's 
     most burdensome health problems. Collectively, these changes 
     would enhance the capacity of the NIH to not only pursue 
     fundamental knowledge about the nature and behavior of living 
     systems, but to apply that knowledge to extend healthy life 
     and reduce the burdens of illness and disability. This is 
     NIH's mission.


     CURES Addresses the Six Key Recommendations of the NAS Report

       1. Strengthen Clinical Research: The NAS report recommended 
     that the NIH ``pursue a new organizational strategy to better 
     integrate leadership, funding, and management of its clinical 
     research enterprise''. Senators Lieberman, Cochran, Carper, 
     and Hutchison are introducing a proposal that creates the 
     American Center for Cures (ACC), headed by a Cures Director. 
     One of the new Director's key charges will be to promote and 
     simplify the clinical research endeavor. The Director will 
     establish a national electronic registry and results database 
     for clinical trials in order to increase enrollment of 
     research subjects and improve sharing efficacy and safety 
     outcomes emanating from the clinical research endeavor. The 
     Director will fund multidisciplinary clinical research teams 
     in the academic and private sector, create Centralized 
     Internal Review Boards (CIRB) to simplify the human subjects 
     review processes for multi-institutional clinical trials, and 
     augment NIH investments in training the clinical research 
     workforce of the future.
       2. Enhance and Increase Trans-NIH Strategic Planning and 
     Funding: The 27 NIH Centers and Institutes with their own 
     directors and budgets generally operate independently. The 
     resulting structural and organizational stovepipes are 
     limited in their ability to capitalize on the NIH's 
     collective research capacity to address complex problems from 
     different fields. For example, the problem of diabetic 
     retinopathy could be tackled by researchers in the Institutes 
     of the Eye, Diabetes, Digestive and Kidney disease, 
     Biomedical Imaging and Bioengineering, and Allergy Immunology 
     and Infectious disease. To address this problem, Cures funds 
     innovative multidisciplinary collaborative research across 
     NIH institutes and centers. NIH Institute and Center 
     Directors on the Cures Council will be entrusted to 
     coordinate the intramural research agenda with that of the 
     ACC.
       3. Strengthen the Office of the NIH Director: The NAS 
     report emphasizes the need for the NIH Director to have more 
     budgetary support and flexibility. Dr. Zerhouni's office has 
     taken these steps with the NIH Roadmap. The Cures legislation 
     further supports the spirit of the NIH Roadmap with 
     organizational and funding commitments that bring the 
     translational research investment to necessary and 
     appropriate scale. The NIH Director and the Cures Advisory 
     Council will recommend appointees for the Cures Director to 
     the President. The NIH Director will be a co-chair of the ACC 
     Council that will set the research and funding priorities for 
     translational research projects at the NIH. The NIH Director 
     will head efforts to establish a publicly accessible 
     electronic database for all published NIH funded research, 
     among other initiatives.
       4. Create a Director's Special Projects Program: The NAS 
     committee recommended the creation of a program to support 
     high-risk, high-potential payoff research. The Department of 
     Defense has had significant success with its Defense Advanced 
     Research Program Agency (DARPA), where a group of expert 
     portfolio managers invest in and oversee innovative, 
     multidisciplinary, collaborative projects to advance specific 
     fields or to develop needed technologies. DARPA has lead to 
     the creation of the stealth technology, satellite 
     surveillance, lasers, internet, and email. A Health Advanced 
     Research Program Agency (HARPA) will be established within 
     the ACC to help lead breakthrough advances, using a 
     translational ``challenge'' model in biomedical research, 
     such as a vaccine against HIV or genetic probes pivotal to 
     the elucidation of disease producing genes.
       5. Promote Innovation and Risk-Taking in Intramural 
     Research: The NAS report recommended that the NIH intramural 
     research portfolio be distinct from that of the extramural 
     program and private sector. Cures creates an Office of 
     Intramural Risk Mapping which will oversee the intramural 
     research programs of the NIH to be certain they are 
     complementary to extramural and private programs. The office 
     will make funds available to groups of institutes and centers 
     to promote engagement in multi-institute projects that focus 
     on health risk analysis and corresponding scientific risk 
     opportunity.
       6. Standardize Data and Information Management Systems: The 
     NAS committee recommended that the NIH must increase its 
     capacity for data gathering and reporting to meet its 
     obligations ``. . . for effective management, accountability, 
     and transparency''. Cures seeks to improve the sharing of 
     information by providing funding to the National Library of 
     Medicine to create and maintain a publicly accessible 
     database of all publications resulting from NIH-funded 
     research and by establishing a national electronic registry 
     and results database to increase enrollment in public and 
     private clinical trials and to share efficacy and safety 
     outcomes emanating from the clinical research endeavor. Cures 
     focuses on the need to grow the NLM facilities according to 
     the demands of new scientific discoveries and fields, 
     especially within the areas of genomics and proteinomics.


                     CURES Build on the NIH Roadmap

       In response to the NAS report, NIH Director Dr. Elias 
     Zerhouni launched the NIH Roadmap in FY 2004 with $128 
     million in funding from existing NIH budget allocations. 
     Funding increases every year until FY 2009 and tops out at 
     $507 million. The NIH Roadmap consists of:
       New Pathways to Discovery to obtain a deeper understanding 
     of biological systems based on new models.
       Research Teams of the Future to facilitate collaboration 
     across institutes by awarding grants to support institutional 
     partnerships and cutting-edge research.
       Re-engineering the Clinical Research Enterprise reforms the 
     clinical trial process to allow for broader participation 
     from community-level patients and providers.
       While the NIH roadmap addresses some of the concerns of the 
     NAS report, it does not address key provisions including 
     increasing the power of the NIH Director, establishing an 
     advanced research projects agency, and establishing a new 
     leadership that can facilitate the research essential to 
     moving products faster from bench to bedside. Unlike CURES, 
     the roadmap relies on traditional academic-government 
     relationships. CURES builds on the Roadmap to cultivate new 
     relationships between NIH researchers and innovative 
     industrial partners. Unlike the roadmap, which asks the NIH 
     to focus on new priorities with old tools and funds, Cures 
     provides much higher levels of funding for a Center uniquely 
     devoted to translating research to produce new therapies and 
     even cures to the most important diseases.
                                  ____


Section by Section Summary of the American Center for CURES Act of 2005

   A bill to facilitate more rapid development of novel diagnostics, 
       therapies and cures critical to national and global health

     Background
       When it comes to investments and advancements in biomedical 
     research, the United States has no equal. Its National 
     Institutes of Health (NIH) is the world's largest public 
     source of biomedical research funding with an annual budget 
     of over $28 billion. The NIH is comprised of 27 major 
     institutes and centers, leading the way in cancer, 
     cardiovascular, infectious disease and allergy advancements 
     for health promotion and relief from the burdens of disease.
       The private sector is also investing substantial resources 
     in increasing both longevity and quality of life. These 
     companies now invest more than the federal government in 
     biomedical research and development (R&D). Potent 
     pharmaceuticals and cutting edge medical devices provide 
     health care professionals with a therapeutic arsenal that has 
     increased lifespan seven years since

[[Page 28249]]

     1960 and dropped neonatal mortality four fold. Partnerships 
     between NIH and private industry are not often recognized for 
     their key roles in bringing new treatments to the public, but 
     are of great importance as they have led to life-changing 
     therapies from to Taxol to Claritin to HIV anti-retrovirals.
       But how can biomedical R&D proceed even faster? How can 
     partnerships between NIH's Institutes and Centers, disease-
     based NGO's, biotech companies and small and large 
     pharmaceuticals occur even more frequently? Towards which 
     diseases should our resources be prioritized in the first 
     place? How can NIH and the private sector be more responsive 
     to emerging public health threats such as bioterrorism, an 
     avian flu pandemic, antibiotic resistance, and a waning 
     vaccine supply?
     Center for Cures
       In response to these pressing questions and the capacity of 
     the NIH to address our health needs, Senators Lieberman, 
     Cochran, Carper and Hutchison are proposing a $5 billion 
     dollar annual investment to create the American Center for 
     Cures (ACC). The mission of this new NIH Center will be to 
     promote more rapid translation of public and private research 
     into therapies, diagnostics and tools, which can effectively 
     treat and possibly cure diseases of critical importance to 
     domestic and global health. The ACC will enhance NIH's 
     ability to not only pursue fundamental knowledge about the 
     nature and behavior of living systems, but to apply that 
     knowledge to extend healthy life and reduce the burdens of 
     illness and disability. This is NIH's mission.
     Specifically, the American Center for Cures will:
       (1) Direct new resources towards the world's most 
     burdensome diseases and towards biomedical, bioengineering, 
     and biotechnological research with the greatest therapeutic 
     impact and promise.
       (2) Create an ACC national advisory board consisting of key 
     health experts and stakeholders, who will help identify the 
     critical diseases and health threats requiring greater public 
     and private investment.
       (3) Create a special Health Advanced Research Projects 
     Agency (HARPA) to support innovative multidisciplinary 
     collaborate research between NIH Institutes, between NIH and 
     other federal agencies and between NIH grantees and business 
     partners, for projects with the potential for significant 
     health impact.
       (4) Create health-centered Federally Funded Research and 
     Development Centers (FFRDC) which will bring together 
     interdisciplinary teams of experts including scientists, 
     clinicians, epidemiologists, and pharmacists for a time 
     limited period to focus on developing therapeutic 
     breakthroughs for important disease entities.
       (5) Invest further in the development of an expert 
     workforce which will augment the nation's translational 
     research capacity. Such an effort will include training new 
     clinical researchers and bioinformatics professionals.
       (6) Promote risk-taking and collaboration between NIH 
     Institutes and Centers.
       (7) Streamline the clinical research process essential to 
     determining if new treatments are effective and safe.
       (8) Promote the innovative efforts of small to medium sized 
     biotechnology and bioengineering firms who require additional 
     support in key traditionally under-funded stages of product 
     development--the so called R&D ``Valley of Death''.
       (9) Facilitate NIH partnerships with private industry in 
     the preclinical stage of the R&D process so as to formulate a 
     plan for health research translation and commercialization 
     from the outset.
       (10) Standardize NIH information management systems and 
     reporting requirements of publicly funded research to improve 
     information sharing between the applied science, 
     translational research and business communities.
     A section by section summary of the legislation is included 
     below.
       Section 1: Short title.
       Section 2: Table of contents.
       Section 3: Findings.
       Section 4: Amends Title IV of the Public Health Services 
     Act to establish a new Center at the National Institutes of 
     Health (NIH) called the American Center for Cures (ACC).


                   Part J--American Center for Cures

       Section 499A: Definitions.
       Section 499B(a): States the mission of the proposed 
     American Center for Cures (ACC), which is to increase the 
     capacity of the NIH to promote translational research between 
     its Institutes and Centers, between the NIH and other Federal 
     agencies and between NIH grantees and business partners so as 
     to speed the development of effective diagnostics, therapies 
     and cures essential to human health and well being.
       The ACC shall formulate and implement a strategy for the 
     nation's translational research investment based on (1) a 
     prioritization of biomedical research based on disease burden 
     and research promise, and (2) funding for innovative, multi-
     disciplinary, and collaborative research.
       The ACC will be guided in part by a series of ``Grand 
     Challenges'' or strategic challenges that direct the health 
     research community towards multi-staged projects with the 
     potential to transform the healthcare landscape. Examples 
     include: the creation of laboratory diagnostics that enable 
     the country to detect quickly and accurately to acute health 
     threats, such as an avian flu pandemic or a bioterrorism 
     attack; a commitment by researchers and manufacturers from 
     public and private sectors to develop vaccines for the 
     world's most deadly infectious diseases including HIV, 
     tuberculosis, and malaria. Other examples are provided in 
     this section.
       Section 499B(b): Establishes a Director of Cures (to be 
     called in this document the ``Director'') who will administer 
     the ACC. The President of the United States will appoint the 
     Director. The NIH Director in consultation with the Cures 
     Advisory Council (Section 499B(c)) will recommend candidates 
     for the Director to the President. The NIH Director will work 
     with the Director to promote the nation's translational 
     research efforts.
       The Director will have at his disposal an annual 
     acceleration fund of $5 billion dollars to provide support 
     for research and development of breakthrough biomedical 
     discoveries and to carry out the purposes of the ACC. No less 
     than one half of the acceleration fund will be allocated to a 
     Health Advanced Research Projects Agency described in Subpart 
     II.
       Section 499B(c): Establishes a Cures Council to advise and 
     direct the translational research efforts of the ACC. The 
     Council will be co-chaired by the Director of Cures and the 
     Director of NIH. Membership will include NIH Institute and 
     Center Directors; leaders from at least 9 federal agencies 
     including the Director of the Agency for Healthcare Research 
     and Quality (AHRQ), the Director of the Defense Advanced 
     Research Projects Agency (DARPA), and the President of the 
     Institute of Medicine (IOM); no fewer than three leaders from 
     the small business community; three leaders from large 
     pharmaceutical or biotechnology companies; and three leaders 
     from academia. All Council members will be appointed by the 
     President.
       The Council shall establish subcommittees including one of 
     NIH Institute and Center Directors to coordinate research 
     priorities in, and ensure sharing of research agendas among, 
     the Institutes and Centers. The subcommittee shall also 
     coordinate the ACC research agenda with that of the NIH 
     Institutes and Centers.
       The Council will make recommendations that help the 
     Director set research priorities for the ACC. The Council 
     shall consider risk and burden of disease as well as lines of 
     research uniquely poised to deliver effective diagnostics and 
     therapies.
       The Council shall be aided by the Office of Intramural Risk 
     Opportunity and Mapping of the Office of Technology Transfer 
     established in subpart V.
       The Council shall conduct an annual assessment of ACC 
     priorities and progress and make this available to the public 
     in written and electronic forms.
       Section 499B(d): The Director of Cures shall prepare and 
     submit, directly to the President for review and transmittal 
     to Congress, an annual budget estimate for the Center.
       The Director will receive directly all funds appropriated 
     by Congress for obligation and expenditure by the Center.


      Subpart 1--Federally Funded Research and Development Centers

       Section 499C: Federally Funded Research and Development 
     Centers (FFRDC's) will serve as sites for multidisciplinary 
     and cross-scientific research within particular areas of 
     health. The Director may establish one or more FFRDC's to 
     carry out activities related to the mission of the ACC. These 
     Centers will establish, as appropriate, technology test beds 
     and incubators, utilize cooperative agreements with the 
     private sector, and conduct large-scale multi-disciplinary 
     translational research projects in health or disease areas 
     which are essential to medical advancement, but lack adequate 
     private sector funding.
       The FFRDC's shall consult widely with representatives from 
     private industry, institutions of higher education, nonprofit 
     institutions, other federal governmental agencies, and other 
     federally funded research and development centers.
       The Director shall ensure that competitive mechanisms are 
     used to select and to promote the ongoing quality and 
     performance of the FFRDC's.
       Contracts between the ACC and FFRDC's shall be for no 
     longer than 7 years, after which time refunding shall be 
     contingent upon approval by the Director and the Cures 
     Council.
       Each FFRDC shall biannually submit a report on the 
     activities carried out by the Centers under this section to 
     the Director and the appropriate committees of Congress.
       For any fiscal year, the Director may use not more than 25 
     percent of the funds available in the Director's Acceleration 
     Fund for FFRDC's.


          Subpart 2--Health Advanced Research Projects Agency

       Section 499d. Technological and scientific innovations 
     often require strategic risk taking and significant funding 
     streams that are rapid and are outcomes based. Funds must 
     also encourage expert multidisciplinary collaboration. This 
     section establishes at the

[[Page 28250]]

     ACC a Health Advanced Research Projects Agency (HARPA) for 
     these purposes.
       HARPA will be headed by a Director of the Research Projects 
     Agency who will be appointed by the Director of Cures.
       HARPA shall be composed of not more than 100 expert 
     portfolio managers in key health areas, as determined by the 
     Director of HARPA in conjunction with the Director and Cures 
     Council.
       HARPA shall undertake the grand challenges formulated by 
     the Center and encourage innovative, multidisciplinary, and 
     collaborative research between NIH Institutes and Centers, 
     between the NIH and other Federal agencies, and between NIH 
     grantees and business partners.
       Management and organizing principles include an agency 
     which is small, flexible, entrepreneurial, and non-
     hierarchical; which empowers portfolio managers to foster 
     research opportunities free from bureaucratic impediments; 
     which seeks to employ the strongest scientific and technical 
     talent in the Nation; which rotates a significant portion of 
     the staff every 3-5 years, which leverages comparable 
     matching investment from other NIH institutes and centers, 
     federal agencies, and from the private and non profit 
     sectors; which creates a translational research model that 
     supports fundamental research breakthroughs, early and late 
     stage applied development, prototyping, knowledge diffusion, 
     and technology deployment; which establishes metrics to 
     evaluate research success; which ensures that revolutionary 
     research dominates HARPA's agenda and portfolio. Other 
     management and organizing principles are provided.
       HARPA activities will include supporting basic and applied 
     research to promote revolutionary technology changes which 
     address health needs. It will advance the development, 
     testing, evaluation, prototyping and deployment of critical 
     health products. Multiple other activities are provided.
       HARPA will have flexible hiring practices as described in 
     the Strom Thurmond National Defense Authorization Act, 1999.
       HARPA will have the authority to flexibly fund projects, 
     including the prompt awarding, releasing, enhancing and 
     withdrawal of monies.
       HARPA will be funded through the Director's acceleration 
     fund at a minimum of $2.5 billion dollars annually.


                       Subpart 3--Clinical Trials

       Clinical trials are an essential part of the research and 
     development process. This is where the effectiveness and 
     safety of products are scientifically and systematically 
     investigated. However, clinical trials are complex, 
     expensive, and time-consuming, making it difficult for 
     individuals to perform all the functions necessary to 
     successfully organize and implement clinical trials. This 
     subpart improves how clinical trials are conducted and how 
     their results are disseminated. It also promotes the 
     development of a future clinical research workforce.
       Section 499E. Increasing Research Study Participation: The 
     Director of NIH shall create a national electronic clinical 
     trial registry with the National Library of Medicine (NLM) as 
     specified in Subpart 6, Section 499H (b). The ACC shall 
     publicize the registry with special attention given to 
     minority groups, who are frequently underrepresented in 
     clinical trials.
       Section 499E-1. Grants for Quality Clinical Trial and 
     Execution: The Director shall provide grants for clinical 
     trial design and execution to academic centers or to private 
     firms with highly promising therapeutic entities to fund 
     multidisciplinary clinical research teams, whose members may 
     include project managers, clinicians, epidemiologists, and 
     nursing staff.
       Section 499E-2. Streamlining the Regulatory Process 
     Governing Clinical Research: This section streamlines the 
     regulatory process governing clinical research, which has 
     become increasingly unwieldy due to necessary but complex 
     patient privacy and safety rules. The ACC shall establish a 
     series of Centralized Institutional Review Boards (CIRB) to 
     ensure human subject safety and well-being for multi-
     institutional clinical trials. CIRB's shall be established in 
     accordance with professional best practices and Good Clinical 
     Practice (GCP) guidelines.
       A CIRB shall be housed at the Institute or Center with 
     expertise on the subject of the clinical trial or outside of 
     the NIH in a public or private institution with comparable 
     expertise and organizational capacity.
       CIRB's will be available at the request of public or 
     private institutions and funded through user fees or Center 
     funds.
       The CIRB shall act on behalf, in whole or in part, of the 
     bodies ordinarily responsible for the safety of research 
     subjects in a locality, on a contractual basis.
       The CIRB will review and package research applications for 
     facilitated electronic review by local IRB's participating in 
     multi-center clinical trials. Local IRB review can be 
     performed by a subcommittee that is empowered to make 
     decisions in a timely manner. Local IRB's can either accept 
     or reject the CIRB review.
       Local IRB's which are part of the CIRB network shall be 
     responsible for taking into consideration local 
     characteristics such as educational level of research 
     subjects to assure sound selection of research subjects and 
     to minimize risks to vulnerable populations.
       Each CIRB shall regularly communicate important information 
     electronically to the local institutional review boards.
       Section 499E-3. Training Clinical Researchers of the 
     Future: The ACC will augment NIH's investment into programs 
     developing the nation's clinical research workforce. These 
     programs include: the NIH's Mentored Patient-oriented 
     Research Career Development Award, NIH grants to help 
     institutions develop curricula for clinical researchers, and 
     NIH grants to fund participants in clinical science programs, 
     which shall include but not be limited to clinical science 
     certificates or clinical science Masters' Degrees.
       Section 499E-4. Clinical Research Study and Clinical Trial: 
     The Director shall commission the Institute of Medicine (IOM) 
     to study the regulations protecting patient safety and 
     anonymity so that in a contemporary clinical research 
     context, a more realistic balance can be achieved between 
     clinical research promotion and regulatory requirements 
     governing research subject safety and privacy. The IOM will 
     issue a written report within eighteen months of the passage 
     of the Cures act which shall consider changes to the current 
     Health Insurance Portability and Accountability Act (HIPAA) 
     to further promote the clinical research endeavor.
       Section 499E-5. Authorization of Appropriations from the 
     Directors Acceleration Fund. $100 million dollars for 
     Sections 499E-1(1), $50 million dollars for Section 499E-2, 
     $200 million dollars for Section 499E-3, $2.5 million dollars 
     for Section 499E-4.


                       Subpart 4--Valley of Death

       Small businesses are major drivers of innovation. Facile, 
     motivated, numerous, and creative, these small businesses can 
     extend the limits of R&D in a way large companies with secure 
     product lines are unable to do. However, small businesses 
     often encounter difficulty securing capital in the so called, 
     ``Valley of Death''--the period between a research idea with 
     possible application to the time the safety and efficacy of a 
     product is demonstrated in human clinical trials. Common end-
     pathways within the Valley of Death include development of 
     pharmacological assays, scale-up of production from lab-scale 
     to clinical-trials scale, development of suitable 
     formulations, evaluation of chemical stability, evaluation of 
     materials testing for durability or reactivity, undertaking 
     initial toxicology studies, and planning and implementation 
     of clinical trials.
       Section 499F. Small Business Partnerships: The Small 
     Business Innovation Research (SBIR) and Small Business 
     Technology Transfer (STTR) programs are effective major 
     investments in promoting the R&D portfolios of small 
     businesses. SBIR and STTR receive 2.5% and 0.3% of the 
     budgets, respectively, of federal agencies with R&D budgets 
     greater than $100 million dollars. SBIR/STTR grants and 
     contracts consist of three phases. Phase I plans for product 
     development and procurement. Phase II addresses 
     implementation of the plan. Phase III involves 
     commercialization yet by law is ineligible for SBIR/STTR 
     funding. Management and orientation of SBIR/STTR programs at 
     the NIH can be improved.
       This section moves the NIH's SBIR and STTR programs from 
     the Extramural Research Office to the new Office of 
     Bioscientific Enterprise Development (OBED) in the ACC Office 
     of Technology Transfer (OTT).
       The NIH currently awards its SBIR and STTR grants and 
     contracts through a peer review process. Now, not less than 
     35% of SBIR and STTR grants and contracts shall be rewarded 
     on a competitive basis by an OBED program manager with 
     significant managerial, technical, and translational research 
     experience to expertly assess the quality of a SBIR or STTR 
     proposal.
       Program managers will place special emphasis on partnering 
     grantees with potential purchasers or investors of technology 
     from the start of the research and development process with 
     potential purchasers or investors including federal agencies 
     such as the NIH.
       ACC shall reduce the time between Phase I and Phase II 
     funding to 6 months or less. Currently, grantees can wait up 
     to 5 years to learn whether or not they are a recipient of a 
     phase II grant.
       An SBIR/STTR project manager may petition the OTT for Phase 
     III funding from the Director's acceleration fund for 
     projects requiring a supplementary funds to finalize product 
     commercialization. The maximum funding for Phase III funding 
     of a project shall be $2,000,000 for a maximum of 2 years.
       All recipients of SBIR/STTR funding are required to report 
     to the OTT whether there was eventual commercial success of 
     the product. OTT shall keep a publicly accessible electronic 
     record of all SBIR/STTR investments in research and 
     development. The record shall include at minimum the 
     following information: the grantee, a description of the 
     funded research, the amount of money awarded in each phase of 
     SBIR/STTR research, and if applicable, the nature of the 
     products developed.
       For each fiscal year, the two grants program managers who 
     have had the greatest success in helping to commercialize 
     products may be awarded a bonus up to $10,000.
       Section 499F-1. Rapid Access to Intervention Development: 
     The National Cancer Institute of the NIH has a successful

[[Page 28251]]

     translational research program called RAID (Rapid Access to 
     Interventional Development). RAID lends essential expertise 
     and resources including access to laboratories and facilities 
     to researchers outside of the NIH. OTT shall expand upon this 
     program and establish other RAID programs, designed to 
     accelerate the process of bringing promising and novel 
     discoveries from the laboratory to the pre-clinical trial 
     stage.
       RAID awardees have traditionally been selected to receive 
     access to laboratories, facilities and other NIH supports for 
     the pre-clinical development of drugs, biologics, diagnostics 
     and devices, using the peer review process. Now, not less 
     than 35% of RAID awards shall be awarded on a competitive 
     basis by a program manager with significant managerial, 
     technical, and translational research experience to 
     adequately assess the quality of a project proposal.
       Eligible awardees include university researchers, non-
     profit research organizations, and firms of less than 100 
     employees in collaboration with one or more university or 
     non-profit organizations.
       The Office may discontinue support at any point when the 
     entity fails to meet commercialization success criteria 
     established by the Office.
       Examples of RAID support are given. These include advice 
     regarding the investigational new drug or investigational new 
     device filing with the Food and Drug Administration.
       The Office shall not support products past proof-of-
     principle clinical trials.
       Section 499F-2. Toxicity Studies: Toxicity studies are 
     essential to the development of any drug therapy, but are 
     difficult to stage. The Center for Cures shall support 
     ongoing research into the most efficient methods of screening 
     for human toxicity, including using cell-based and animal 
     model technologies.
       OTT may offer support for toxicity studies to private 
     companies licensing NIH intellectual property.
       Section 499F-3. Additional funding sources and models: The 
     Director of the Center for Cures may provide acceleration 
     funds for flexible contracts for translational research 
     development to entities that license intellectual property 
     from NIH where such contracts support innovation and 
     commercialization.
       Section 499F-4. Authorization of Appropriations from the 
     Directors Acceleration Fund. $400 million dollars for 
     Sections 499F for $100 million dollars for 499F-1.


                Subpart 5--Office of Technology Transfer

       The Office of Technology Transfer (OTT) should be one of 
     the NIH's most active entities. It is within the process of 
     technology transfer where basic science research informs 
     applications to health and where ideas are brought from bench 
     to bedside and back to the bench. The OTT should be a library 
     of innovation administered by experts who have experience in 
     linking the translational research community with industry. 
     This subpart improves upon the current research translation 
     authorities of NIH's OTT.
       Section 499G. Restructuring: The NIH Office of Technology 
     Transfer in the NIH Director's Office shall be transferred to 
     a new OTT Office in the American Center for Cures.
       Section 499G-1. Marketing Function: The OTT office shall 
     create a program for transfer management & support that 
     cultivates industry interest in NIH funded research, reaches 
     out to potential industry partners, coordinates patents from 
     different NIH Institutes and Centers, and manages Cooperative 
     Research and Development Agreements (CRADA's), biological 
     licensing agreements, material transfer agreements, and 
     intellectual property licensing.
       To promote government-industry partnerships, the OTT shall 
     create an electronic database within the National Library of 
     Medicine that tabulates translational research efforts 
     occurring at the NIH. The OTT shall hold an annual 
     translational research conference the bring together public 
     and private stakeholders.
       The OTT shall develop a program for transfer management & 
     support which will be familiar with the NIH's intramural and 
     extramural research portfolio as well as with the interests 
     of small and large biotech and pharmaceutical industries. For 
     those Institutes or Centers with their own OTT offices, the 
     new OTT program for transfer management & support will work 
     closely with those offices to coordinate industry outreach 
     efforts.
       As appropriate, OTT shall register CRADA's within a 
     publicly accessible electronic database maintained by NLM.
       Section 499G-2. Office of Intramural Risk Opportunity and 
     Mapping: An Office of Intramural Risk Mapping within OTT 
     shall oversee the intramural research programs of the NIH to 
     be certain they are complementary, non-duplicative, and 
     distinct from extramural and private programs.
       The Office shall identify and map health risks and 
     scientific opportunities and update the data on these topics 
     as necessary to ensure they are current. This information is 
     to be provided to the Cures Council on a biannual basis to 
     help them prioritize the nation's translational research 
     investment.
       The Office shall make funds available to groups of NIH 
     Institutes and Centers to promote multidisciplinary projects 
     that focus on health risk analysis and corresponding 
     scientific risk opportunity. Preference will go to projects 
     that demonstrate a high degree of collaboration and which 
     address diseases with the great burden or research promise, 
     and that are most likely to result in the development of a 
     diagnostic or therapeutic prototype.
       $150 million dollars is authorized to be appropriated from 
     the Director's Acceleration Fund to fund the Office.
       Section 499G-3. Patenting and Licensing Incentives: The OTT 
     shall make every effort to increase licensing to stimulate 
     the availability of products for clinical use. The OTT shall 
     recommend to the Director incentives that create private 
     sector, financial, commercial, and academic interest in the 
     NIH's IP portfolio. These incentives may include extensions 
     of NIH health patents, restoration of NIH health patents, and 
     partnering options to pursue exclusive and nonexclusive 
     licensing to one or multiple partners in the government, 
     industrial, and/or academic sectors.
       The Director shall encourage OTT to develop flexible models 
     for contracts that fulfill the needs of industry and the 
     public.
       Section 499G-4. Translational Researcher Development: The 
     Director shall oversee development of a curriculum for 
     internships in translational research encompassing rotations 
     through multiple NIH Institutes and Centers, the clinical 
     trial design process, the NLM, and other related disciplines 
     with an emphasis on practical experience.
       Tuition grants for extramural translational research 
     programs shall be administered under the supervision of the 
     Director.
       The ACC shall train interdisciplinary scientists in the 
     science of risk analysis & mapping through a program of 
     internships and fellowships.
       Section 499G-6. Translational Research Training Program: 
     The NIH Director shall ensure that each NIH Institute or 
     Center establishes a translational research training program.


               Subpart 6--Developing Information Systems

       The NIH's National Center for Biotechnology Information 
     (NCBI) at the NLM provides essential information resources to 
     scientists worldwide and is the underpinning of much of NIH 
     conducted biomedical research. The NCBI's databases and 
     computational and linkage tools nurture information sharing 
     and are critical to identifying interconnections, developing 
     insights, and accelerating biomedical breakthroughs.
       Section 499H. Advancing National Health Information 
     Infrastructure.
       The NLM shall develop new computational methods to assist 
     in the processing of genomic data. There is authorized to be 
     appropriated $2.5 million dollars to support the 
     computational infrastructure and $5.5 million dollars to hire 
     expert biologists and computer scientists trained in bioinfor
     matics.
       Secretary of Health and Human Services acting through the 
     Director of NIH will work with the NLM to construct a 
     clinical trial registry and clinical results database 
     tracking all phase III clinical trials taking place in the 
     United States. This registry and database will expand upon 
     the NLM's current information system and database.
       The registry of clinical trials shall include at least the 
     following: clinical trial title, description of the product 
     under study, the hypothesis to be tested, brief description 
     of the intervention, the study design, methodology, duration 
     and location, participation criteria, contact information and 
     sponsoring organization.
       The databank of clinical trial results shall consist of at 
     least the following: trial start date and completion date, 
     summary of the results of the trial, summary data tables with 
     respect to the primary and secondary outcome measures, 
     information on the statistical significance of the results, 
     links to publications in peer reviewed journals relating to 
     the trial, a description of the process used to review the 
     results of the trial, and safety data concerning the trial.
       Public or private entities shall register a phase III 
     clinical trial not later than 3 months after submitting the 
     Food and Drug Administration (FDA) approves the clinical 
     trial protocol and report phase III clinical trial results 
     not later than 3 months after completing the trial. 
     Information provided to the NLM must be accurate and updated.
       Penalties for not registering clinical trials or reporting 
     clinical trial results can be loss of future public funding 
     or in cases where an entity does not receive public funding, 
     a fine of up to $2,000,000 dollars.
       The Secretary may waive clinical trial submission 
     requirements upon a written request from the responsible 
     person if the Secretary determines that providing the waiver 
     is in the public's interest or consistent with protection of 
     the public's health.
       Section 499H-1. Publication Requirement for Research: The 
     Director of the NIH shall require that for any research 
     funded by the NIH, Centers for Disease Control and Prevention 
     (CDC), and the Agency for Healthcare Research and Quality 
     (AHRQ), there will be a standardized report of this research 
     for public viewing. Department of Health and Human Services 
     (DHHS) grantees shall provide the NLM an electronic copy of 
     the final version of all peer-reviewed manuscripts accepted 
     for publication for display on their

[[Page 28252]]

     digital library archive, PubMed Central, within 6 months from 
     the date of its publication.
       Failure to submit required information to the NLM within 6 
     months from the date of publication may result in loss of 
     public funding for investigators.
       Section 499H-2. Informatics Training and Workforce 
     Development. 21st Century technologies for analyzing DNA, 
     RNA, proteins, and other biologically important molecules are 
     generating a ``tsunami of data'' which are far beyond the 
     understanding of unaided human cognition, but hold the key to 
     improved understanding of human health and disease. Training 
     of individuals in ``clinical bioinformatics''--translational 
     research that applies computerized analytic methods of 
     molecules, cells, tissues, and body systems to the 
     prevention, diagnosis and treatment of human disease--will be 
     pivotal to fostering this emerging and important data-
     intensive field.
       The NIH shall develop a multi-faceted approach to 
     increasing the number of persons trained in clinical 
     bioinformatics. This shall include but not be limited to 
     augmenting secondary school science programs, undergraduate 
     degree programs in Bioinformatics, NIH bioinformatics 
     graduate training programs, and Centers of Excellence in 
     Clinical Bioinformatics.
       Authorization of Appropriations from the Cures Acceleration 
     Fund is $50 million dollars for this section.
       Section 499H-3. NLM Expansion of Facilities. In 2002, 
     Congress authorized an expansion of the NLM. These facilities 
     may be essential to the NLM's capacity to fill its numerous 
     informatics functions. The Director will commission the IOM 
     to report to Congress on the impact of not funding the 
     expansion of facilities.


                       Subpart 7--Research Tools

       Innovation requires proper tools for discovery. These 
     include animal models that can be surrogates for human 
     systems and markers that illuminate otherwise invisible 
     cells, DNA, proteins and viruses. Arguably, the development 
     of research tools is subject to the same market forces as 
     more common end products--drugs, medical devices, and 
     vaccines.
       Section 499I. NIH Research Tool Inventory: The Director of 
     NIH shall direct the head of each NIH Institute and Center to 
     perform an annual review of its research tool inventory for 
     the specific purpose of enabling each Institute and Center to 
     understand processes for research tool distribution, 
     frequency of use, IP status, and utility. Each NIH Institute 
     and Center shall also describe in its review the type and 
     quantity of research tools it desires to obtain in order to 
     better fulfill its R&D goals.
       The ACC shall enter this inventory into an electronic 
     research tool database and use this database to oversee the 
     prioritization and funding of new projects to fulfill 
     pressing needs and to encourage promising technologies.
       Section 499I-1. Exceptions to Tool Guidelines: The Director 
     of NIH may advise the OTT to provide exceptions to 
     prohibition against patenting and licensing research tools 
     under some appropriate circumstances when exclusive or non-
     exclusive licensing provides the swiftest, and most 
     efficacious final development of an important health care 
     technology.
                                  ____


                                S. 2104

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Center for Cures 
     Act of 2005''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. American Center for Cures.

                  ``Part J--American Center for Cures

``Sec. 499A. Definitions.
``Sec. 499B. Establishment of American Center for Cures.


     ``Subpart 1--Federally Funded Research and Development Centers

``Sec. 499C. Federally Funded Research and Development Centers.


             ``Subpart 2--Health Advanced Research Projects

``Sec. 499D. Health Advanced Research Projects Agency.


                      ``Subpart 3--Clinical Trials

``Sec. 499E. Increasing research study participation.
``Sec. 499E-1. Grants for quality clinical trial design and execution.
``Sec. 499E-2. Streamlining the regulatory process governing clinical 
              research.
``Sec. 499E-3. Training clinical researchers of the future.
``Sec. 499E-4. Clinical research study and clinical trial.
``Sec. 499E-5. Authorization of appropriations.


                      ``Subpart 4--Valley of Death

``Sec. 499F. Small business partnerships.
``Sec. 499F-1. Rapid access to intervention development.
``Sec. 499F-2. Toxicity studies.
``Sec. 499F-3. Additional funding sources and models.
``Sec. 499F-4. Authorization of appropriations.


               ``Subpart 5--Office of Technology Transfer

``Sec. 499G. Restructuring.
``Sec. 499G-1. Marketing function.
``Sec. 499G-2. Office of Intramural Risk Opportunity and Mapping.
``Sec. 499G-3. Patenting and licensing incentives.
``Sec. 499G-4. Translational researcher development.
``Sec. 499G-5. Translational research training program.


              ``Subpart 6--Developing Information Systems

``Sec. 499H. Advancing national health information infrastructure.
``Sec. 499H-1. Public access requirement for research.
``Sec. 499H-2. Informatics training and workforce development.
``Sec. 499H-3. National Library of Medicine expansion of facilities.


                      ``Subpart 7--Research Tools

``Sec. 499I. NIH research tool inventory.
``Sec. 499I-1. Exceptions to tool guidelines.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) The National Institutes of Health (referred to in this 
     section as the ``NIH'') is the United States premier 
     biomedical research investment with annual appropriations 
     exceeding $28,000,000,000.
       (2) The mission of the NIH is science in pursuit of 
     fundamental knowledge about the nature and behavior of living 
     systems and the application of that knowledge to extend 
     healthy life and reduce the burdens of illness and 
     disability.
       (3) The pace of knowledge application to promote health and 
     reduce disease can be influenced through strategic funding 
     and reorganization of some aspects of the traditional 
     research endeavor. This process is known as translational 
     research investment.
       (4) The United States translational research investment 
     will be key to the Nation responding effectively--
       (A) to acute man-made or natural health threats;
       (B) to the complexity and multi-disciplinary nature of 
     chronic diseases, which are responsible for 7 out of every 10 
     deaths in the United States and for more than 70 percent of 
     the $1,700,000,000,000 spent in the United States on health 
     care each year; and
       (C) to research and development vacuums in the private for-
     profit market, such as in the fields of vaccine and 
     antibiotic production, drugs for Third World diseases, and 
     medical tools for pediatric populations.
       (5) Key components of the translational research process 
     include research prioritization, an expert workforce, multi-
     disciplinary collaborative work, facilitated information 
     exchange, strategic risk taking, support of small innovative 
     businesses caught along common pathways in the research and 
     development Valley of Death, simplification and promotion of 
     the clinical research endeavor, and involvement of private 
     entities early on in the translational research endeavor that 
     are skilled in the manufacturing and marketing process.

     SEC. 4. AMERICAN CENTER FOR CURES.

       (a) American Center for Cures.--Title IV of the Public 
     Health Service Act (42 U.S.C. 281 et seq.) is amended by 
     adding at the end the following:

                  ``PART J--AMERICAN CENTER FOR CURES

     ``SEC. 499A. DEFINITIONS.

       ``In this part:
       ``(1) Center.--The term `Center' means the American Center 
     for Cures established under section 499B.
       ``(2) Council.--The term `Council' means the Cures Council 
     established under section 499B.
       ``(3) Director.--The term `Director' means the Director of 
     the American Center for Cures.
       ``(4) Incubator.--The term `incubator' means an economic 
     development organization designed to accelerate the growth 
     and success of entrepreneurial individuals, concepts, and 
     companies.
       ``(5) Research tool.--The term `research tool' means a 
     resource that scientists use in their laboratories that has 
     no immediate therapeutic or diagnostic value, including cell 
     lines, monoclonal antibodies, reagents, laboratory equipment 
     and machines, databases, and computer software.
       ``(6) Test bed.--The term `test bed' means the pilot 
     environment to prototype innovation.
       ``(7) Translational research.--The term `translational 
     research' means investigation in which knowledge obtained 
     from fundamental research such as with genes, cells, or 
     animals, is transformed through early and late stage 
     development prototyping and testing into diagnostic or 
     therapeutic interventions that can be applied to the 
     treatment or prevention of disease or frailty.

     ``SEC. 499B. ESTABLISHMENT OF AMERICAN CENTER FOR CURES.

       ``(a) In General.--There is established within the National 
     Institutes of Health an American Center for Cures--

[[Page 28253]]

       ``(1) whose mission shall be to increase the capacity of 
     the National Institutes of Health to promote translational 
     research, including between the institutes and centers of the 
     National Institutes of Health, between the National 
     Institutes of Health and other Federal agencies, and between 
     grantees and business partners of the National Institutes of 
     Health, so as to speed the development of effective 
     therapies, diagnostics, and cures essential to human health 
     and well being;
       ``(2) that shall formulate and implement a strategy for the 
     Nation's translational research investment, which strategy 
     shall include--
       ``(A) a prioritization of biomedical research on diseases 
     based on disease burden and research promise; and
       ``(B) funding for innovative, multidisciplinary, and 
     collaborative research across the institutes and centers of 
     the National Institutes of Health, across Federal agencies, 
     and between public and private partners of the National 
     Institutes of Health;
       ``(3) that shall be guided, in part, by a series of `Grand 
     Challenges' formulated through collaboration between the 
     Director of Cures and the Council, that shall be strategic 
     challenges that direct the public and private health research 
     community towards collaborative multi-staged projects that 
     have the potential to transform the healthcare environment, 
     such as--
       ``(A) the creation of laboratory diagnostics that enable 
     the Nation to detect quickly and accurately acute health 
     threats such as an avian flu pandemic or a bioterrorism 
     attack;
       ``(B) a focus on therapeutic delivery systems targeting 
     individual viruses or hard to reach cells in the body, such 
     as the brain, using advances in nanotechnology;
       ``(C) accelerated research into the potential of stem cells 
     to replace the form and function of tissues lost to patients 
     suffering from diseases such as spinal cord injury, 
     Parkinson's disease, and insulin-dependent diabetes;
       ``(D) creation of a biomedical informatics infrastructure 
     that can organize the human genome and the proteins for which 
     the genome codes in ways that scientists can better 
     understand the genetic contribution to phenotypic disease;
       ``(E) the elaboration of adjuvant technology that can 
     bolster the effectiveness of vaccines;
       ``(F) development of antigen sparing vaccines such as those 
     based on triggering the innate immune response;
       ``(G) development of rapid vaccine manufacturing capacity 
     from new production methods such as viral cell culture or 
     bioengineering technology;
       ``(H) creation of a fast track clinical trial 
     infrastructure that incorporates a national doctor and 
     patient registry, centralized investigational review boards, 
     electronic medical records, and other health information 
     technologies;
       ``(I) a focus on addressing less profitable conditions for 
     which research and development efforts are insufficient, such 
     as--
       ``(i) orphan, small population, and third world diseases;
       ``(ii) antibiotic resistance;
       ``(iii) a threat of a flu epidemic or pandemic;
       ``(iv) diseases associated with social stigma such as 
     depression and seizure disorders; or
       ``(v) other comparable problems;
       ``(J) a commitment by researchers and manufacturers from 
     all sectors to develop vaccines for the world's most deadly 
     infectious diseases, including HIV, tuberculosis, and 
     malaria; and
       ``(K) other appropriate challenges; and
       ``(4) that shall have other appropriate purposes.
       ``(b) Director of the Center and the Director of NIH.--
       ``(1) In general.--The Center shall be administered by a 
     Director of Cures who shall be appointed by the President 
     with the advice and consent of the Senate. The Director of 
     the NIH, in consultation with the Council, shall recommend 
     candidates for the Director of Cures to the President.
       ``(2) Activities.--
       ``(A) Director of nih.--The Director of NIH shall--
       ``(i) work with the Director of Cures to promote 
     translational research efforts; and
       ``(ii) serve as a co-chair of the Council.
       ``(B) Director of cures.--
       ``(i) Acceleration fund.--

       ``(I) In general.--The Director of Cures shall have at the 
     Director's disposal an annual acceleration fund to provide 
     support for research and development of breakthrough 
     biomedical discoveries and to carry out the purpose of the 
     Center. Amounts in the fund may be available through grants, 
     contracts, and cooperative agreements to public sector 
     entities, private sector entities, and non-governmental 
     organizations. The Director of Cures shall allocate not less 
     than \1/2\ of the acceleration funds to the Health Advanced 
     Research Projects Agency described in subpart 2. The 
     remainder of such funds shall be available to the Federally 
     Funded Research and Development Centers described in subpart 
     1 and other activities of the Center.
       ``(II) Authorization of appropriations.--There are 
     authorized to be appropriated to fund the acceleration fund 
     under subclause (I) $5,000,000,000 for fiscal year 2007 and 
     each succeeding fiscal year.

       ``(ii) Direct other offices.--The Director of Cures shall 
     direct other offices within the Center that are established 
     under this part.
       ``(c) Council.--
       ``(1) Establishment.--There is established within the 
     Center a Cures Council that shall convene not less frequently 
     than twice a year to help advise and direct the translational 
     research efforts of the Center.
       ``(2) Membership.--
       ``(A) In general.--The Council shall be composed of the 
     following members:
       ``(i) The Director of NIH and the Director of Cures who 
     shall be Council co-chairs.
       ``(ii) The heads of the institutes and centers of the 
     National Institutes of Health.
       ``(iii) Heads from not less than 9 Federal agencies, 
     including--

       ``(I) the Administrator for the Substance Abuse and Mental 
     Health Services Administration;
       ``(II) the Under Secretary for Science and Technology of 
     the Department of Homeland Security;
       ``(III) the Commanding General for the United States Army 
     Medical Research and Materiel Command;
       ``(IV) the Director of the Centers for Disease Control and 
     Prevention;
       ``(V) the Commissioner of Food and Drugs;
       ``(VI) the Director of the Office of Science of the 
     Department of Energy;
       ``(VII) the President of the Institute of Medicine;
       ``(VIII) the Director of the Agency for Healthcare Research 
     and Quality; and
       ``(IX) the Director of the Defense Advanced Research 
     Projects Agency.

       ``(B) Other members.--Membership of the Council shall also 
     include not fewer than 3 leaders from the small business 
     community, 3 leaders from large pharmaceutical or 
     biotechnology companies, and 3 leaders from academia, all of 
     whom shall be appointed by the President.
       ``(3) Subcommittees.--The Council or the Council co-chairs 
     may form subcommittees of the Council as needed.
       ``(4) Recommendations; coordination.--The Council shall 
     make recommendations that help the Director of Cures set 
     research priorities for the Center. In making 
     recommendations, the Council shall consider risk and burden 
     of disease as well as lines of research uniquely poised to 
     deliver effective diagnostics and therapies. The Council 
     shall also coordinate research priorities in, and ensure 
     sharing of research agendas among, the institutes and centers 
     of the National Institutes of Health.
       ``(5) Office of intramural risk opportunity and mapping.--
     The Council shall be aided by the Office of Intramural Risk 
     Opportunity and Mapping of the Office of Technology Transfer 
     of the Center established in subpart 5.
       ``(6) Annual assessment.--The Council shall make an annual 
     assessment of the priorities and progress of the Center and 
     shall make the assessment available to the public in written 
     and electronic form.
       ``(d) Budget and Funds.--The Director of Cures shall--
       ``(1) prepare and submit, directly to the President for 
     review and transmittal to Congress, an annual budget estimate 
     for the Center, after reasonable opportunity for comment (but 
     without change) by the Secretary, the Director of NIH, and 
     the Council; and
       ``(2) receive from the President and the Office of 
     Management and Budget directly all funds appropriated by 
     Congress for obligation and expenditure by the Center.

     ``Subpart 1--Federally Funded Research and Development Centers

     ``SEC. 499C. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
                   CENTERS.

       ``(a) In General.--The Director of Cures is authorized to 
     establish 1 or more Federally Funded Research and Development 
     Centers that shall carry out activities related to the 
     mission of the Center, as described in section 499B(a)(1).
       ``(b) Duties.--
       ``(1) In general.--The Federally Funded Research and 
     Development Centers shall serve as sites for the performance 
     of multidisciplinary and cross-disciplinary research and 
     shall--
       ``(A) establish, as appropriate, technology test beds and 
     incubators;
       ``(B) utilize cooperative agreements with the private 
     sector; and
       ``(C) conduct large-scale multidisciplinary translational 
     research projects in health or disease areas that are 
     essential to medical advancement but lack adequate private 
     sector funding.
       ``(2) Consultation.--In carrying out the duties described 
     in paragraph (1), the Federally Funded Research and 
     Development Centers shall consult widely with representatives 
     from private industry, institutions of higher education, 
     nonprofit institutions, other Federal governmental agencies, 
     and other federally funded research and development centers.
       ``(c) Competition.--The Director of Cures shall ensure that 
     competitive mechanisms are used to select and to promote the 
     ongoing quality and performance of the Federally Funded 
     Research and Development Centers.
       ``(d) Term of Funding.--Federally Funded Research and 
     Development Centers shall be funded for not more than 7 
     years, after which

[[Page 28254]]

     time the Federally Funded Research and Development Centers' 
     re-funding shall be contingent upon approval by the Director 
     of Cures and the Council.
       ``(e) Reports.--Each Federally Funded Research and 
     Development Center receiving funding under this section shall 
     submit a biannual report to the Director and the appropriate 
     committees of Congress on the activities carried out by the 
     Federally Funded Research and Development Center under this 
     section.
       ``(f) Funding for Support.--For any fiscal year, the 
     Director of Cures may use not more than 25 percent of the 
     funds available to the Director under the acceleration fund 
     under section 499B(b)(2)(B)(i)(II) to establish Federally 
     Funded Research and Development Centers under this section.

             ``Subpart 2--Health Advanced Research Projects

     ``SEC. 499D. HEALTH ADVANCED RESEARCH PROJECTS AGENCY.

       ``(a) Establishment.--There is established within the 
     Center a Health Advanced Research Projects Agency (referred 
     to in this section as the `Research Projects Agency') that 
     shall--
       ``(1) carry out activities related to the mission of the 
     Center, as described in section 499B(a)(1); and
       ``(2) be headed by a Director of the Research Projects 
     Agency who is appointed by the Director of Cures.
       ``(b) Composition.--The Research Projects Agency shall be 
     composed of not more than 100 portfolio managers in key 
     health areas, which areas are determined by the Director of 
     the Research Projects Agency in conjunction with the Director 
     of Cures and the Council.
       ``(c) Guidance.--The Research Projects Agency shall be 
     guided by and shall undertake grand challenges formulated by 
     the Center that encourage innovative, multi-disciplinary, and 
     collaborative research across institutes and centers of the 
     National Institutes of Health, across Federal agencies, and 
     between public and private partners of the National 
     Institutes of Health.
       ``(d) Management Guidance.--The Research Projects Agency 
     shall be guided by the following management and organizing 
     principles in directing the Research Projects Agency:
       ``(1) Keep the Research Projects Agency small, flexible, 
     entrepreneurial, and non-hierarchical, and empower portfolio 
     managers with substantial autonomy to foster research 
     opportunities with freedom from bureaucratic impediments in 
     administering the manager's portfolios.
       ``(2) Seek to employ the strongest scientific and technical 
     talent in the Nation in research fields in which the Research 
     Projects Agency is working.
       ``(3) Rotate a significant portion of the staff after 3 to 
     5 years of experience to ensure continuous entry of new 
     talent into the Research Projects Agency.
       ``(4) Use whenever possible research and development 
     investments by the Research Projects Agency to leverage 
     comparable matching investment and coordinated research from 
     other institutes and centers of the National Institutes of 
     Health, from other Federal agencies, and from the private and 
     non-profit research sectors.
       ``(5) Utilize supporting technical, contracting, and 
     administrative personnel from other institutes and centers of 
     the National Institutes of Health in administering and 
     implementing research effort to encourage participation, 
     collaboration, and cross-fertilization of ideas across the 
     National Institutes of Health.
       ``(6) Utilize a challenge model in Research Projects Agency 
     research efforts, creating a translational research model 
     that supports fundamental research breakthroughs, early and 
     late stage applied development, prototyping, knowledge 
     diffusion, and technology deployment.
       ``(7) Establish metrics to evaluate research success and 
     periodically revisit ongoing research efforts to carefully 
     weigh new research opportunities against ongoing research.
       ``(8) Tolerate risk-taking in research pursuits.
       ``(9) Ensure that revolutionary and breakthrough technology 
     research dominates the Research Projects Agency's research 
     agenda and portfolio.
       ``(e) Activities.--Using the funds and authorities provided 
     to the Director of Cures, and the authorities provided to the 
     Director of NIH, the Research Projects Agency shall carry out 
     the following activities:
       ``(1) The Research Projects Agency shall support basic and 
     applied health research to promote revolutionary technology 
     changes that promote health needs.
       ``(2) The Research Projects Agency shall advance the 
     development, testing, evaluation, prototyping, and deployment 
     of critical health products.
       ``(3) The Research Projects Agency, consistent with 
     recommendations of the Council, with the priorities of the 
     Director of Cures, and with the need to discuss challenges 
     described in section 499B(a)(3), shall emphasize--
       ``(A) translational research efforts, including efforts 
     conducted through collaboration with the private sector, that 
     pursue--
       ``(i) innovative health products that could significantly 
     and promptly address acute health threats such as a flu 
     pandemic, spread of antibiotic resistant hospital acquired 
     infections, or other comparable problems;
       ``(ii) remedies for diseases afflicting lesser developed 
     countries;
       ``(iii) remedies for orphan and small population diseases;
       ``(iv) alternative technologies with significant health 
     promise that are not well-supported in the system of health 
     research, such as adjuvant technology or technologies for 
     vaccines based on the innate immunological response; and
       ``(v) fast track development, including development through 
     accelerated completion of animal and human clinical trials, 
     for emerging remedies for significant public health problems; 
     and
       ``(B) other appropriate translational research efforts for 
     critical health issues.
       ``(4) The Research Projects Agency shall utilize funds to 
     provide support to outstanding research performers in all 
     sectors and encourage cross-disciplinary research 
     collaborations that will allow scientists from fields such as 
     information and computer sciences, nanotechnology, chemistry, 
     physics, and engineering to work alongside top researchers 
     with more traditional biomedical backgrounds.
       ``(5) The Research Projects Agency shall provide selected 
     research projects with single-year or multi-year funding and 
     require researchers for such projects to provide interim 
     progress reports to the Research Projects Agency on not less 
     frequently than a biannual basis.
       ``(6) The Research Projects Agency shall award competitive, 
     merit-reviewed grants, cooperative agreements, or contracts 
     to public or private entities, including businesses, 
     federally-funded research and development centers, and 
     universities.
       ``(7) The Research Projects Agency shall provide advice to 
     the Director of Cures concerning funding priorities.
       ``(8) The Research Projects Agency may solicit proposals 
     for competitions to address specific health vulnerabilities 
     identified by the Director and award prizes for successful 
     outcomes.
       ``(9) The Research Projects Agency shall periodically hold 
     health research and technology demonstrations to improve 
     contact among researchers, technology developers, vendors, 
     and acquisition personnel.
       ``(10) The Research Projects Agency shall carry out other 
     activities determined appropriate by the Director of Cures.
       ``(f) Employees.--
       ``(1) Hiring.--The Research Projects Agency, in hiring 
     employees for positions with the Research Projects Agency, 
     shall have the same hiring and management authorities as 
     described in section 1101 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 
     note).
       ``(2) Term.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term of such appointments for employees of the Research 
     Projects Agency may not exceed 5 years.
       ``(B) Extension.--The Director of the Research Projects 
     Agency may, in the case of a particular employee of the 
     Research Projects Agency, extend the term to which employment 
     is limited under subparagraph (A) by up to 2 years if the 
     Director of the Research Projects Agency determines that such 
     action is necessary to promote the efficiency of the Research 
     Projects Agency.
       ``(g) Flexibility.--The Research Projects Agency shall have 
     the authority to flexibly fund projects, including the prompt 
     awarding, releasing, enhancing, or withdrawal of monies in 
     accordance with the assessment of the Research Projects 
     Agency and project manager.
       ``(h) Funding.--The Research Projects Agency shall utilize 
     funds received from the acceleration fund, described in 
     section 499B(b)(2)(B)(i), for the Agency's research and 
     development activities. There is authorized to be 
     appropriated from such fund $2,500,000,000 to carry out the 
     activities of the Research Projects Agency.

                      ``Subpart 3--Clinical Trials

     ``SEC. 499E. INCREASING RESEARCH STUDY PARTICIPATION.

       ``The Director of NIH shall establish a national clinical 
     study registry within the National Library of Medicine of the 
     National Institutes of Health in accordance with section 
     499H. The Center shall publicize the registry, with attention 
     given to minority groups that are frequently underrepresented 
     in clinical trials.

     ``SEC. 499E-1. GRANTS FOR QUALITY CLINICAL TRIAL DESIGN AND 
                   EXECUTION.

       ``The Director of Cures--
       ``(1) shall award grants for clinical trial design and 
     execution to academic centers to fund multi-disciplinary 
     clinical research teams, which clinical research teams may be 
     composed of members who include project managers, clinicians, 
     epidemiologists, social scientists, and nursing staff; and
       ``(2) may award grants for clinical trial design and 
     execution to researchers from small firms with highly 
     promising novel therapeutic entities.

[[Page 28255]]



     ``SEC. 499E-2. STREAMLINING THE REGULATORY PROCESS GOVERNING 
                   CLINICAL RESEARCH.

       ``(a) Establishment of Centralized Institutional Review 
     Boards.--
       ``(1) In general.--The Director of Cures shall establish a 
     series of Centralized institutional Review Boards (referred 
     to in this section as `CIRBs') to serve as human subject 
     safety and well being custodians for multi-institutional 
     clinical trials that are funded partially or in full by 
     public research dollars.
       ``(2) Existing guidelines and best practices.--CIRBs shall 
     be established in accordance with professional best practices 
     and Good Clinical Practice (GCP) guidelines so that 
     institutions involved in multi-institutional studies may--
       ``(A) use joint review;
       ``(B) rely upon the review of another qualified 
     institutional review board; or
       ``(C) use similar arrangements aimed to avoid duplication 
     of effort and to assure a high quality of expert oversight.
       ``(b) Housed.--Each CIRB shall be housed--
       ``(1) at the institute or center of the National Institutes 
     of Health with expertise on the subject of the clinical 
     trial; or
       ``(2) at a public or private institution with comparable 
     organizational capacity, such as the Department of Veterans 
     Affairs.
       ``(c) Service.--The use of CIRBs shall be available, as 
     appropriate, at the request of public or private institutions 
     and shall be funded through user fees of the CIRBs or the 
     Center's funds.
       ``(d) Review Process.--
       ``(1) In general.--Each CIRB shall review research 
     protocols and informed consent to ensure the protection and 
     safety of research participants enrolled in multi-
     institutional clinical trials.
       ``(2) Process.--The CIRB review process shall consist of 
     contractual agreements between the CIRB and the study sites 
     of multi-institutional clinical trials. The CIRB shall act on 
     behalf, in whole or in part, of the bodies ordinarily 
     responsible for the safety of research subjects in a 
     locality. In the case in which a locality does not have such 
     a body, the locality shall depend solely on the CIRB to 
     oversee the protection of human subjects and the CIRB shall 
     assume responsibility for ensuring adequate assessment of the 
     local research context.
       ``(e) Research Applications.--
       ``(1) In general.--Each CIRB shall review and package 
     research applications for facilitated electronic review by 
     local institutional review boards participating in a multi-
     institutional clinical trial.
       ``(2) Local review.--Local institutional review board 
     review may be performed by a subcommittee of the local 
     institutional review board that is empowered to make 
     decisions in a timely manner.
       ``(3) CIRB review.--A local institutional review board may 
     accept or reject a CIRB review. In the case in which a local 
     institutional review board accepts a CIRB review, the CIRB 
     shall assume responsibility for annual, amendment, and 
     adverse event reviews.
       ``(f) Work in Concert.--In the case in which a local 
     institutional review board works in concert with a CIRB, the 
     local institutional review board shall be responsible for 
     taking into consideration local characteristics (including 
     ethnicity, educational level, and other demographic 
     characteristics) of the population from which research 
     subjects will be drawn, which influence, among other things, 
     whether there is sound selection of research subjects or 
     whether adequate provision is made to minimize risks to 
     vulnerable populations.
       ``(g) Communication of Important Information.--Each CIRB 
     shall regularly communicate important information in 
     electronic form to the local institutional review boards or, 
     in cases where a local institutional review board does not 
     exist, to the principal investigator, including regular 
     safety updates or changes in research protocol to improve 
     safety.
       ``(h) Coordination.--Each CIRB shall fully coordinate with 
     the institute or center of the National Institutes of Health 
     that has specialized knowledge of the research area of the 
     clinical trial. Other Federal agencies and private entities 
     undertaking clinical trials may contract with the Center to 
     use a CIRB.

     ``SEC. 499E-3. TRAINING CLINICAL RESEARCHERS OF THE FUTURE.

       ``The Center shall augment the National Institutes of 
     Health's investment into programs dedicated to developing the 
     clinical research workforce for tomorrow. The programs shall 
     include:
       ``(1) The National Institutes of Health's Mentored Patient-
     Oriented Research Career Development Award to support the 
     career development of investigators who have made a 
     commitment to focus their research endeavors on patient-
     oriented research.
       ``(2) The National Institutes of Health's award to 
     encourage mentorship among particularly talented early- and 
     mid-career investigators doing clinical research who want to 
     train new investigators.
       ``(3) The National Institutes of Health grants to help 
     institutions develop curricula for clinical researchers 
     leading to a clinical science certificate or master's degree.
       ``(4) The National Institutes of Health grants to fund 
     participants in clinical science programs, including clinical 
     science certificates or clinical science masters' degrees.

     ``SEC. 499E-4. CLINICAL RESEARCH STUDY AND CLINICAL TRIAL.

       ``The Director of NIH shall--
       ``(1) commission the Institute of Medicine of the National 
     Academies to study the rules that protect patient safety and 
     anonymity so that in a contemporary clinical research 
     context, a better balance can be achieved between clinical 
     research promotion and regulatory requirement governing 
     research subject safety and privacy; and
       ``(2) request that the Institute of Medicine issue a 
     written report not later than 18 months after the date of 
     enactment of this part that shall--
       ``(A) consider changes to the Health Insurance Portability 
     and Accountability Act of 1996 (Public Law 104-191) and the 
     amendments made by such Act that further promote the clinical 
     research endeavor; and
       ``(B) include recommendations for changes that shall not be 
     limited to legislation but shall include changes to health 
     care systems and to researcher practice that facilitate the 
     clinical research endeavor.

     ``SEC. 499E-5. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated from the 
     acceleration fund of the Director of Cures described in 
     section 499B(b)(2)(B)(i)--
       ``(1) $100,000,000 to carry out section 499E-1(1) for 
     fiscal year 2007 and each succeeding fiscal year;
       ``(2) $50,000,000 to carry out section 499E-2 for fiscal 
     year 2007 and each succeeding fiscal year;
       ``(3) $200,000,000 to carry out section 499E-3 for fiscal 
     year 2007 and each succeeding fiscal year; and
       ``(4) $2,500,000 to carry out section 499E-4.

                      ``Subpart 4--Valley of Death

     ``SEC. 499F. SMALL BUSINESS PARTNERSHIPS.

       ``(a) Establishment of the Office of Bioscientific 
     Enterprise Development.--
       ``(1) Establishment.--There is established within the 
     Office of Technology Transfer of the Center (as established 
     in subpart 5) an Office of Bioscientific Enterprise 
     Development (referred to in the subpart as the `OBED').
       ``(2) Transfers.--
       ``(A) In general.--The OBED shall include the functions 
     (including related personnel and resources) of the following 
     programs of the Office of Extramural Research in the Office 
     of the Director of the National Institutes of Health:
       ``(i) The Small Business Innovation Research program 
     (referred to in this subpart as the `SBIR').
       ``(ii) The Small Business Technology Transfer program 
     (referred to in this subpart as the `STTR').
       ``(B) Time for transfers.--The Secretary shall ensure that 
     the programs described in subparagraph (A) are transferred to 
     the OBED not later than 6 months after the date of enactment 
     of this part.
       ``(b) SBIR and STTR Grants and Contracts.--
       ``(1) In general.--Not less than 35 percent of the grants 
     and contracts awarded by the SBIR and STTR shall be awarded 
     on a competitive basis by an OBED program manager with 
     sufficient managerial, technical, and translational research 
     expertise to expertly assess the quality of a SBIR or STTR 
     proposal. The OBED, through such project manager, shall place 
     special emphasis on SBIR and STTR grant and contract 
     applications that identify from the onset products with 
     commercial potential that influence human health.
       ``(2) Potential purchasers or investors.--The OBED shall 
     administer non-peer reviewed grants and contracts under this 
     subsection through program managers who shall place special 
     emphasis on partnering grantees and entities awarded 
     contracts from the very beginning of the research and 
     development process with potential purchasers or investors of 
     the products, including large pharmaceutical or biotechnology 
     companies, venture capital firms, and Federal agencies 
     (including the National Institutes of Health).
       ``(3) Phase i and ii.--The OBED shall reduce the time 
     period between Phase I and Phase II funding of grants and 
     contracts under the SBIR and STTR to--
       ``(A) 6 months; or
       ``(B) less than 6 months if the grantee or entity awarded a 
     contract demonstrates that the grantee or entity awarded a 
     contract has interest from third parties to buy or fund the 
     product developed with the grant or contract.
       ``(4) Phase iii.--
       ``(A) Funding.--A program manager under this subsection may 
     petition the Director of Cures for Phase III funding of the 
     grant or contract for a project that requires a boost to 
     finalize procurement of a product. The maximum funding for 
     Phase III funding of a project shall be $2,000,000 for a 
     maximum of 2 years. Such Phase III funding shall come from 
     the acceleration fund, as described in section 
     499B(b)(2)(B)(i), of the Director of Cures.
       ``(B) Report success.--Each recipient of a SBIR or STTR 
     grant or contract, as a condition of receiving such grant or 
     contract, shall report to the OBED whether there was eventual 
     commercial success of the product

[[Page 28256]]

     developed with the assistance of the grant or contract.
       ``(5) Record.--
       ``(A) In general.--The OBED shall keep a publicly 
     accessible electronic record of all SBIR or STTR investments 
     in research and development.
       ``(B) Contents.--The record described in subparagraph (A) 
     shall include, at minimum, the following information:
       ``(i) The grantee or entity awarded a contract.
       ``(ii) A description of the research being funded.
       ``(iii) The amount of money awarded in each phase of SBIR 
     or STTR funding.
       ``(iv) If applicable, the purchaser of the product, current 
     use of the product, and estimated annual revenue resulting 
     from the procurement.
       ``(6) Bonus.--For each fiscal year, for the non-peer 
     reviewed SBIR and STTR grants or contracts, the 2 program 
     managers who are most successful in terms of the number of 
     grantees or entities awarded a contract who complete Phase 
     III shall each be awarded a $10,000 bonus.

     ``SEC. 499F-1. RAPID ACCESS TO INTERVENTION DEVELOPMENT.

       ``(a) Establishment of Office.--The Office of Technology 
     Transfer of the Center shall establish an Office of Rapid 
     Access to Intervention Development (referred to in this 
     subpart as the `RAID') that--
       ``(1) is designed to assist translating promising, novel, 
     and scientifically meritorious therapeutic interventions to 
     clinical use by providing support to help investigators 
     navigate the product development pipeline;
       ``(2) shall aim to remove barriers between laboratory 
     discoveries and clinical trials of new molecular therapies, 
     technologies, and other clinical interventions;
       ``(3) shall aim to progress, augment, and complement the 
     innovation and research conducted in private entities to 
     reduce duplicative and redundant work using public funds; and
       ``(4) shall coordinate with the offices of the National 
     Institutes of Health that promote translational research in 
     the pre-clinical phase across the National Institutes of 
     Health.
       ``(b) Projects.--
       ``(1) In general.--The RAID, in collaboration with the 
     Director of Cures, shall carry out a program that shall 
     select, in accordance with paragraph (2), projects of 
     eligible entities that shall receive access to laboratories, 
     facilities, and other support resources of the National 
     Institutes of Health for the pre-clinical development of 
     drugs, biologics, diagnostics, and devices.
       ``(2) Selection.--Not less than 35 percent of the projects 
     selected under paragraph (1) shall be selected on a 
     competitive basis by a program manager with sufficient 
     managerial, technical, and translational research expertise 
     to adequately assess the quality of a project proposal. 
     Projects under paragraph (1) may also be selected from a peer 
     review process.
       ``(3) Eligible entities.--In this subsection, the term 
     `eligible entity' means--
       ``(A) a university researcher;
       ``(B) a nonprofit research organization; or
       ``(C) a firm of less than 100 employees in collaboration 
     with 1 or more universities or nonprofit organizations.
       ``(4) Discontinue support.--The RAID may discontinue 
     support of a project if the project fails to meet 
     commercialization success criteria established by the RAID.
       ``(c) Discoveries From Lab to Clinic.--The program under 
     subsection (b) shall accelerate the process of bringing 
     discoveries from the laboratory to the clinic through--
       ``(1) the development of pharmacological assays;
       ``(2) the scale-up of production from lab scale to 
     clinical-trials scale;
       ``(3) the development of suitable formulations;
       ``(4) the evaluation of chemical stability;
       ``(5) the evaluation of materials testing for durability or 
     reactivity;
       ``(6) undertaking initial toxicology studies;
       ``(7) planning clinical trials; and
       ``(8) advice regarding the investigational new drug or 
     investigational new device filing with the Food and Drug 
     Administration.
       ``(d) Ongoing Review.--The RAID shall review, on an ongoing 
     basis, potential products and may not support products past 
     the proof-of-principle stage.

     ``SEC. 499F-2. TOXICITY STUDIES.

       ``(a) Ongoing Research.--The Center shall support ongoing 
     research into the most efficient methods of screening for in 
     vivo toxicity, including using cell-based and animal model 
     technologies.
       ``(b) Offer of Studies.--The Director of Cures shall direct 
     the Office of Technology Transfer of the Center to offer 
     toxicity studies as an available feature to precede 
     completion of licensing agreement contracts because toxicity 
     studies are expensive and rate-limiting barriers to the 
     licensing of intellectual property from the National 
     Institutes of Health.

     ``SEC. 499F-3. ADDITIONAL FUNDING SOURCES AND MODELS.

       ``The Director of Cures may provide acceleration funds, 
     described in section 499B(b)(2)(B)(i), for innovative custom 
     contracts for translational research development to entities 
     that license intellectual property from the National 
     Institutes of Health where such contracts support innovation 
     and new models of cooperation and commercialization.

     ``SEC. 499F-4. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated from the 
     acceleration fund of the Director of Cures described in 
     section 499B(b)(2)(B)(i)--
       ``(1) $400,000,000 to carry out section 499F for fiscal 
     year 2007 and each succeeding fiscal year; and
       ``(2) $100,000,000 to carry out section 499F-1 for fiscal 
     year 2007 and each succeeding fiscal year.

               ``Subpart 5--Office of Technology Transfer

     ``SEC. 499G. RESTRUCTURING.

       ``(a) Establishment.--There is established within the 
     Center an Office of Technology Transfer (referred to in this 
     subpart as the `OTT').
       ``(b) Transfers.--The OTT shall include the functions (and 
     related personnel and resources) of the Office of Technology 
     Transfer in the Office of the Director of the National 
     Institutes of Health.

     ``SEC. 499G-1. MARKETING FUNCTION.

       ``(a) In General.--The OTT shall establish a program that--
       ``(1) cultivates industry interest in funded research of 
     the National Institutes of Health;
       ``(2) reaches out to potential industry partners;
       ``(3) coordinates patents from the other institutes and 
     centers of the National Institutes of Health; and
       ``(4) manages Cooperative Research and Development 
     Agreements, biological licensing agreements, material 
     transfer agreements, and intellectual property licensing.
       ``(b) Promotion.--The program under subsection (a) shall 
     assist in promoting the success of government and industry 
     partnerships for the development of new technologies by 
     soliciting involvement of the private sector from the 
     beginning of the translational research process, including by 
     creating an electronic database within the National Library 
     of Medicine, which shall be updated regularly, that tabulates 
     trans-
     lational research efforts occurring at the National 
     Institutes of Health. The OTT shall hold an annual national 
     translational research conference that brings together 
     researchers and industry representatives from across fields 
     from both the private and public sectors.
       ``(c) Transfer Management and Support.--The OTT shall 
     develop a program for transfer management and support that is 
     familiar with the National Institutes of Health's intramural 
     and extramural research portfolio, which program's mission is 
     to reach out to potential industry partners to cultivate 
     interest in collaboration with public researchers with the 
     goal of product development and procurement. For those 
     Institutes or Centers with their own Office of Technology 
     Transfer Offices, the OTT shall work closely with those 
     offices to coordinate industry outreach efforts. Those 
     offices, on a biannual basis, shall meet with the OTT and 
     shall submit a report to the OTT describing the translational 
     research efforts of the Center or Institute and corresponding 
     efforts to attract commercial interest in their research 
     portfolio.
       ``(d) Management.--
       ``(1) In general.--The OTT shall manage the Cooperative 
     Research and Development Agreements between industry and 
     public research partners.
       ``(2) Registration.--The OTT shall--
       ``(A) as appropriate, register the agreements within a 
     publicly accessible electronic database maintained by the 
     National Library of Medicine of the National Institutes of 
     Health; and
       ``(B) oversee the collaborative process in terms of pre-
     determined outputs, negotiating problems that may occur 
     between collaborating entities, and assuring intellectual 
     property protections necessary for successful product 
     development.

     ``SEC. 499G-2. OFFICE OF INTRAMURAL RISK OPPORTUNITY AND 
                   MAPPING.

       ``(a) Establishment.--There is established in the Office of 
     Technology Transfer of the Center, an Office of Intramural 
     Risk Opportunity and Mapping that shall oversee the 
     intramural research programs of the National Institutes of 
     Health to be certain they are complementary and distinct from 
     extramural and private programs.
       ``(b) Reviews and Reports.--The Office of Intramural Risk 
     Opportunity and Mapping shall--
       ``(1) conduct regular reviews of the intramural research 
     programs of the National Institutes of Health; and
       ``(2) report every 2 years on such reviews.
       ``(c) Health Risks and Opportunities.--The Office of 
     Intramural Risk Opportunity and Mapping shall--
       ``(1) identify and map public health risks and scientific 
     opportunities and keep data on such topics current and 
     updated; and
       ``(2) provide the information described in paragraph (1) to 
     the Council on a biannual basis to help the Council 
     prioritize the Nation's translation research investment.
       ``(d) Trans-NIH Collaborative Research.--
       ``(1) In general.--The Office of Intramural Risk 
     Opportunity and Mapping shall make, in coordination with the 
     Director of Cures

[[Page 28257]]

     and the Director of NIH, funds available to groups of 
     institutes and centers of the National Institutes of Health 
     to promote engagement in multi-institute projects that focus 
     on translational research endeavors.
       ``(2) Funding.--Funding levels and periods of funding under 
     paragraph (1) shall be flexible as necessary to achieve 
     trans-institute project objectives. Preference for funding 
     shall be given to projects that promote high levels of cross-
     disciplinary collaboration, that address diseases with the 
     greatest burden or research promise, and that are most likely 
     to result in the development of a diagnostic or therapeutic 
     prototype.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated, from the acceleration fund of the 
     Director of Cures described in section 499B(b)(2)(B)(i), to 
     carry out this subsection $150,000,000.

     ``SEC. 499G-3. PATENTING AND LICENSING INCENTIVES.

       ``(a) In General.--The OTT shall make every effort to 
     increase licensing throughput in order to stimulate the 
     availability of useful products for patients.
       ``(b) Incentives.--The OTT shall develop incentives that 
     create private sector, financial, commercial, and academic 
     interest in the National Institutes of Health's intellectual 
     property portfolio, which incentives may include the 
     following:
       ``(1) The patent extension of National Institutes of 
     Health's health patents, in which there is an extension of 
     the time during which the licensee has exclusive right to the 
     intellectual property.
       ``(2) The patent restoration of National Institutes of 
     Health's health patents, in which there is restoration of the 
     full patent life, or another agreed upon term, of a 
     technology to the licensee from the time of Food and Drug 
     Administration passage or other agreed upon milestone.
       ``(3) Partnering options, which are options to pursue 
     exclusive and nonexclusive licensing to 1 or more partners in 
     the government, industrial, or academic sectors.
       ``(c) Customized Models.--The Director of Cures shall 
     encourage the OTT to cultivate customized models for 
     contracts that fulfill the needs of industry and the public.

     ``SEC. 499G-4. TRANSLATIONAL RESEARCHER DEVELOPMENT.

       ``(a) In General.--The Director of Cures shall oversee the 
     development of a curriculum for internships in 
     interdisciplinary research that will encompass rotations 
     through multiple institutes and centers of the National 
     Institutes of Health (including the National Library of 
     Medicine), the clinical trial design process, and other 
     related disciplines with an emphasis on practical experience.
       ``(b) Tuition Grants.--The Director of Cures shall award 
     tuition grants for extramural interdisciplinary research 
     programs.
       ``(c) Training.--The Center shall train interdisciplinary 
     scientists in the science and art of risk analysis and 
     mapping through a program of internships and fellowships.

     ``SEC. 499G-5. TRANSLATIONAL RESEARCH TRAINING PROGRAM.

       ``The Director of NIH shall ensure that each institute and 
     center of the National Institutes of Health has established, 
     or contracted for the establishment of, a translational 
     research training program at the institute or center.

              ``Subpart 6--Developing Information Systems

     ``SEC. 499H. ADVANCING NATIONAL HEALTH INFORMATION 
                   INFRASTRUCTURE.

       ``(a) Genomic Data.--
       ``(1) In general.--The National Center for Biotechnology 
     Information of the National Library of Medicine of the 
     National Institutes of Health shall develop new computational 
     methods to aid in the processing of genomic data by novice 
     and experienced researchers.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated, from the acceleration fund of the 
     Director of Cures described in section 499B(b)(2)(B)(i), to 
     carry out paragraph (1) $8,000,000, of which--
       ``(A) $2,500,000 is authorized to be appropriated to 
     support the program's computational infrastructure; and
       ``(B) $5,500,000 is authorized to be appropriated for 
     hiring biologists and computer scientists who are trained in 
     bioinformatics.
       ``(b) Database.--The Secretary, acting through the Director 
     of NIH, shall undertake, in collaboration with the National 
     Library of Medicine of the National Institutes of Health, 
     construction of a clinical study registry and results 
     database that may expand upon the National Library of 
     Medicine's information system and database.
       ``(c) Clinical Trial Information.--
       ``(1) In general.--
       ``(A) In general.--The clinical study registry and results 
     database, described in subsection (b), shall consist of a 
     registry of phase III clinical trials taking place in the 
     United States and a database of their results.
       ``(B) Clinical study registry.--Participation in the 
     clinical study registry shall be mandatory for both public 
     and private entities.
       ``(C) Results database.--Participation in the clinical 
     trial results database shall be mandatory for both public and 
     private entities. The clinical trial results database shall 
     include even negative studies, which demonstrate no 
     therapeutic effect.
       ``(2) Registry of clinical trials.--The registry of 
     clinical trials shall include not less than the following:
       ``(A) The clinical trial title.
       ``(B) A description of the product under study.
       ``(C) The hypothesis to be tested.
       ``(D) The intervention.
       ``(E) The study design, methodology, duration, and 
     location.
       ``(F) Participation criteria.
       ``(G) Contact information.
       ``(H) Sponsoring organization.
       ``(3) Clinical trial results.--The database of clinical 
     trial results shall consist of not less than the following:
       ``(A) The trial start date and completion date.
       ``(B) A summary of the results of the trial in a standard, 
     non-promotional summary format.
       ``(C) Summary data tables with respect to the primary and 
     secondary outcome measures.
       ``(D) Information on the statistical significance of the 
     results and publications in peer reviewed journals relating 
     to the trial, with, when available, an electronic link to the 
     journal article.
       ``(E) A description of the process used to review the 
     results of the trial, including a statement about whether the 
     results have been peer reviewed by reviewers independent of 
     the trial sponsor.
       ``(F) Safety data concerning the trial, including a summary 
     of all adverse events specifying the number and type of 
     events.
       ``(G) Reference information to the clinical trial in the 
     clinical registry.
       ``(d) Registration of Trials and Reporting of Results.--
       ``(1) Website publication.--Each principal investigator of 
     a public clinical trial or responsible person for a private 
     clinical trial shall register phase III clinical trials in 
     accordance with paragraph (2) and report phase III clinical 
     trial results in accordance with paragraph (2) with the 
     National Library of Medicine of the National Institutes of 
     Health. The National Library of Medicine shall make the 
     information available for viewing on the Library's Website, 
     www.clinicaltrials.gov. The National Library of Medicine 
     shall electronically link each registered clinical trial with 
     its database of results and link each database of results 
     with its registered clinical trial.
       ``(2) Timeline of registration.--
       ``(A) In general.--An entity described in paragraph (1) 
     shall register a clinical trial not later than 3 months after 
     the Food and Drug Administration has approved the entity's 
     clinical trial protocol and report clinical trial results not 
     later than 3 months after completing the clinical trial, 
     which shall be defined as the point where the specified trial 
     duration has been surpassed and the analysis of the data is 
     complete or the trial is stopped because of vital positive or 
     negative findings, or as the point determined by the judgment 
     of the Secretary. All information submitted to the National 
     Library of Medicine shall be accurate and updated.
       ``(B) Loss of funding.--In the case in which an entity 
     described in paragraph (1) does not register a clinical trial 
     or report on clinical trial results in accordance with 
     subparagraph (A), the Secretary may--
       ``(i) not award a grant, contract, cooperative agreements, 
     or any other award to the principal investigators of such 
     entity until the principal investigators comply with the 
     requirements under subparagraph (A); and
       ``(ii) in the case of an entity that does not receive 
     Federal funding for the clinical trial, fine the entity 
     $10,000 a day for a sum not to exceed $2,000,000 until the 
     responsible person for the clinical trial complies with the 
     requirements under subparagraph (A).
       ``(C) Waiver.--The Secretary may waive the requirements of 
     subparagraph (A) upon a written request from the responsible 
     person if the Secretary determines that extraordinary 
     circumstances justify the waiver and that providing the 
     waiver is in the public's interest or consistent with the 
     protection of public health.

     ``SEC. 499H-1. PUBLIC ACCESS REQUIREMENT FOR RESEARCH.

       ``(a) In General.--The Secretary shall require all funded 
     investigators, whether direct employees of the Department of 
     Health and Human Services or recipients of grants, contracts, 
     or other support of the National Institutes of Health, the 
     Centers for Disease Control and Prevention, or the Agency for 
     Healthcare Research and Quality, to submit to the National 
     Library of Medicine of the National Institutes of Health 
     (referred to in this section as the `National Library of 
     Medicine'), upon acceptance for publication in a journal or 
     other publication included in the PubMed directory, final 
     manuscripts resulting from research in which direct costs are 
     supported in whole or in part by the National Institutes of 
     Health, the Centers for Disease Control and Prevention, or 
     the Agency for Healthcare Research and Quality.
       ``(b) Public Availability.--
       ``(1) In general.--The National Library of Medicine shall 
     include all such manuscripts described in subsection (a), 
     after peer review, for display in the National Library of 
     Medicine's digital library archive, PubMed Central. The 
     copyright holder of a manuscript described in subsection (a) 
     may request the author's manuscript be replaced with final 
     published text.

[[Page 28258]]

       ``(2) Timeline.--A manuscript described in subsection (a) 
     shall become publicly available on the Internet through 
     PubMed Central not later than 6 months after the date of 
     publication of the manuscript.
       ``(3) Loss of funding for failure to submit on time.--
     Failure to submit required information under this section to 
     the National Library of Medicine within 6 months of the date 
     of publication of the manuscript involved shall be considered 
     by the Secretary in the context of grant compliance review 
     and may result in the loss of public funding for the 
     investigators involved as determined appropriate by the 
     agency involved.

     ``SEC. 499H-2. INFORMATICS TRAINING AND WORKFORCE 
                   DEVELOPMENT.

       ``(a) In General.--The Director of NIH shall develop a 
     multi-faceted approach to increasing the number of persons 
     trained in clinical bioinformatics by implementing 
     appropriate programs, including the programs described in 
     subsection (b).
       ``(b) Programs.--The programs under this subsection are the 
     following:
       ``(1) K-12 science program.--The National Library of 
     Medicine of the National Institutes of Health shall develop 
     with the National Science Foundation a kindergarten through 
     grade 12 clinical informatics education curriculum that shall 
     include an assessment component. The National Library of 
     Medicine shall award not more than 500 schools each $30,000 
     to implement the curriculum.
       ``(2) Undergraduate degree programs in bioinformatics.--The 
     National Library of Medicine of the National Institutes of 
     Health shall--
       ``(A) award grants to academic health centers and graduate 
     training programs to collaborate with an undergraduate 
     institution of higher education's department of biology, 
     chemistry, or computer science to develop curricula leading 
     to a bachelor's degree in bioinformatics; and
       ``(B) encourage grantees to form an inter-institutional 
     consortium.
       ``(3) Increasing the number of nih bioinformatics graduate 
     training programs.--The National Library of Medicine of the 
     National Institutes of Health shall increase the number of 
     bioinformatics graduate training programs through funding 
     existing graduate training programs of the National 
     Institutes of Health to meet the expanding needs for training 
     and outreach to the biomedical community. The programs shall 
     focus on the skills needed to apply bioinformatics methods 
     specifically to problems of human health and disease. The 
     Director of NIH shall hire 12 individuals with a doctorate in 
     molecular biology and expertise in training and developing 
     educational programs to assist in carrying out the programs 
     under this paragraph.
       ``(4) Centers of excellence in clinical bioinformatics.--
     The National Library of Medicine of the National Institutes 
     of Health, through the Center, shall establish Centers of 
     Excellence in Clinical Bioinformatics that shall have state-
     of-the-art computational methods and tools applicable to 
     human disease prevention, diagnosis, and treatment. The 
     Centers of Excellence in Clinical Bioinformatics shall 
     provide graduate student and postdoctoral support, through 
     distinguished faculty, in order to contribute to the highest 
     level of training in the bioinformatics workforce pipeline.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated, from the acceleration fund of the 
     Director of Cures described in section 499B(b)(2)(B)(i), to 
     carry out this section $50,000,000 for fiscal year 2007 and 
     each succeeding fiscal year of which--
       ``(1) $15,000,000 is authorized to be appropriated for 
     fiscal year 2007 and each succeeding fiscal year to carry out 
     subsection (b)(1); and
       ``(2) $2,000,000 is authorized to be appropriated to carry 
     out subsection (b)(3).

     ``SEC. 499H-3. NATIONAL LIBRARY OF MEDICINE EXPANSION OF 
                   FACILITIES.

       ``(a) Sense of Congress.--It is the sense of Congress that 
     Congress should make special effort to fund the expansion of 
     facilities of the National Library of Medicine of the 
     National Institutes of Health. These facilities are essential 
     to the National Library of Medicine being able to fulfill its 
     many informatics functions, which include providing essential 
     informational resources to scientists worldwide and advancing 
     the underpinning of much of the National Institutes of Health 
     conducted biomedical research.
       ``(b) Report.--The Director shall request that the 
     Institute of Medicine of the National Academies report to 
     Congress on the impact of not providing funding for the 
     expansion of facilities described in subsection (a).

                      ``Subpart 7--Research Tools

     ``SEC. 499I. NIH RESEARCH TOOL INVENTORY.

       ``(a) Annual Review.--The Director of NIH shall direct the 
     head of each institute and center of the National Institutes 
     of Health to perform an annual review of the institute or 
     center's research tool inventory for the specific purpose of 
     enabling each institute or center to understand the research 
     tool distribution, frequency of use, intellectual property 
     status, and utility. Each institute and center of the 
     National Institutes of Health shall describe in the institute 
     or center's annual review the type and quantity of research 
     tools the institute or center desires to obtain to better 
     fulfill the institute or center's research and development 
     goals.
       ``(b) Database.--The Director of Cures shall--
       ``(1) enter the information obtained from the annual review 
     under subsection (a) into an electronic research tool 
     database; and
       ``(2) use such database to oversee the prioritization and 
     funding of new projects to fulfill pressing needs and 
     promising technologies.

     ``SEC. 499I-1. EXCEPTIONS TO TOOL GUIDELINES.

       ``The Director of Cures may advise the Office of Technology 
     Transfer of the Center to provide exceptions to prohibitions 
     against patenting and licensing research tools under some 
     circumstances of customized contracts when exclusive or non-
     exclusive licensing provides the swiftest and most 
     efficacious final development of an important health care 
     technology.''.
       (b) Conforming Amendment.--Section 401(b)(1) of the Public 
     Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding 
     at the end the following:
       ``(S) The American Center for Cures.''.
                                  ____


     Quotes in Support of the American Center for CURES Act of 2005

       ``The American Center for Cures will be a tremendous 
     addition to our nation's valuable tradition of biomedical 
     research. By emphasizing translational and applications 
     research as well as discovery of diagnostic markers, the ACC 
     will bring the hope of basic science discovery to the reality 
     of patient care. The mandate and goal will be to prevent, 
     early diagnose, or cure the diseases that cause such 
     suffering to humanity. This effort will promote health 
     diplomacy that will bring the genius and resources of our 
     nation to better the health of all Americans.''--Secretary 
     Tommy Thompson, Former Secretary, Department of Health and 
     Human Services, Former Governor, State of Wisconsin.
       ``The need for a federal focus on finding cures has long 
     been a top priority for all of us who seek the rapid 
     translation of scientific advances into personal health 
     benefits. With their landmark legislative proposal, Senators 
     Cochran and Lieberman have taken a critical step along our 
     path to cures.''--S. Robert Levine MD, Chairman of the Health 
     Priorities Project of the Progressive Policy Institute.
       ``As Governors around the country look to transform our 
     complex health care system, we must seek new cost-effective 
     solutions that continue to improve our overall health and 
     productivity,'' said Michigan Governor Jennifer M. Granholm. 
     ``The American Center for Cures represents a bi-partisan 
     effort to devote significant and lasting resources toward an 
     innovative approach to disease treatment and management, 
     offering Americans grappling with chronic and debilitating 
     diseases the lasting gift of hope.''--Governor Jennifer 
     Granholm, Michigan.
       ``Finding cures will improve the health of mankind. As an 
     example, by simply delaying the onset of Alzheimer's disease 
     by five years, the health and productivity of older Americans 
     will be enhanced. Developing cures will provide American 
     families with a better quality of health care that can be 
     sustained over a longer period of time. That is why I urge 
     the establishment of the American Center for Cures.''--
     Governor Tom Vilsack, Iowa.
       The American Center for Cures is a timely and creative 
     proposal for tackling an urgent national challenge: the 
     skyrocketing costs of treating and preventing chronic 
     diseases. The confluence of such diseases and a graying 
     population not only threatens to make health care 
     unaffordable, but also jeopardizes prospects for healthy and 
     successful aging. The Center would focus the prodigious 
     talents of our scientific community on specific strategies to 
     cure disease, saving lives and money over the long run.--Will 
     Marshall, President, Progressive Policy Institute.
       ``The American Center for Cures is a simple, bold, 
     breakthrough idea: A can-do country ought to have the 
     capacity to solve chronic problems, not just treat them.''--
     Bruce Reed, President, Democratic Leadership Council.
       ``I think this goes a long way toward improving NIH's 
     ability to do large projects across institutes and to 
     facilitate translational research. I am happy to support this 
     concept . . . there are already a lot of good ideas here.''--
     Leland Hartwell, Ph.D., Nobel Laureate, Medicine and 
     Physiology, President, Fred Hutchinson Cancer Research 
     Center.
       ``I believe the American Center for Cures (ACC) is a 
     wonderful effort that focuses physicians and scientists on 
     bringing the discoveries of the laboratory to the patient. 
     The lives of many Americans will be improved by having the 
     ACC bring to bear new resources in the fight against chronic 
     neurological diseases such as Alzheimer's, Parkinson's, 
     multiple sclerosis, and other neurodegenerative disorders. I 
     enthusiastically support the American Center for Cures and 
     hope that my colleagues in biomedical research will join 
     me.''--Stanley Prusiner, M.D., Nobel Laureate, Medicine and 
     Physiology, University of California, San Francisco.

[[Page 28259]]

       ``The proposed ACC offers a blend of existing federal 
     activities in health research with several new initiatives, 
     all aimed at speeding the move from discovery to products 
     that help human health. The proposal has multiple components 
     including strengthening existing NIH authorities in support 
     of small business. When enacted and in operation the results 
     of this new focused activity should be very visible with 
     improvements to the public health that would not be possible 
     without this new money with mandates on how it is spent.''--
     Robert Day, M.D., Ph.D., M.P.H., Emeritus Professor and Dean, 
     University of Washington School of Public Health and 
     Community Medicine, Emeritus Professor and Director, Fred 
     Hutchinson Cancer Research Center, Member, Public Health 
     Sciences, Member, National Cancer Advisory Board, National 
     Cancer Policy Board.
       ``The establishment of an American Center for Cures with 
     its emphasis, prominence and integration into the rest of the 
     United States organization of health care related ventures 
     would represent an enormous step forward. The focus of the 
     Center on translation of basic science initiatives to the 
     clinical arena will benefit those whose support has taken us 
     to the present date. I applaud the initiative.''--Fritz H 
     Bach, M.D., Lewis Thomas Distinguished Professor, Harvard 
     Medical School.
       ``Medical discoveries over the past century have greatly 
     increased the quality and quantity of human life. New 
     insights into biology will make even more advances possible. 
     The American Center for Cures will make the translation of 
     biological discoveries to the patient occur not only faster 
     but much more likely to happen. It is hard to imagine another 
     investment that would extend the quality and quantity of life 
     than fully funding the American Center for Cures.''--James O. 
     Armitage, M.D., Joe Shapiro Professor of Medicine, University 
     of Nebraska College of Medicine, Member, National Cancer 
     Advisory Board.
       ``I am pleased to support the American Center for Cures 
     (ACC) proposed legislation that you introduced to the United 
     Sates Senate on Wednesday, December 7. This legislation is 
     critical and in the translation of advances in fundamental 
     biomedical science to improvements in the care of people. 
     Please let me know if I can help make this dream a 
     reality.''--Lee Goldman, M.D., MPH, Julius R. Krevans 
     Distinguished Professor and Chair, Associate Dean for 
     Clinical Affairs, University of California San Francisco 
     School of Medicine, President, Association of Professors of 
     Medicine.
       ``I enthusiastically support The American Center for Cures 
     (ACC) Senate legislation. The ACC will focus our nation's 
     scientists and doctors on applying basic scientific 
     discoveries to help the patient. This critical approach to 
     research will not only help our friends and loved ones with 
     their health, it will be the 21st Century American approach 
     to solving the health care financial crisis. By eliminating 
     or reducing certain diseases for all Americans, the looming 
     federal and state Medicare and Medicaid financial tsunami 
     will be markedly reduced. There is no time to lose. I urge 
     the immediate passage of the ACC legislation.'' --Stephen 
     Gleason, D.O., Ph.D., Former CEO Mercy Clinics, Former VP 
     Medical Operations for Catholic Health Initiatives, Former 
     White House advisor, Former chief of staff, Governor Tom 
     Vilsack, Former Presidential Representative to the World 
     Health Organization, Assistant Professor, Mayo Graduate 
     School of Medicine.
       ``The American Center for Cures will be the engine that 
     brings basic science discoveries and apply them to the 
     patient. It has been said that women and minorities are not 
     dying from the lack of research, they are dying from the lack 
     of research being applied to them. The ACC will focus the 
     talent of the greatest scientists and clinicians for one 
     singular purpose: to cure, prevent, or diagnose earlier 
     diseases that afflict so many in the world. As a mother, 
     nurse, researcher, and educator, I believe that the ACC will 
     bring better health to all of us. The time is now . . . let 
     us not waste another moment.''-- Sandra Underwood, RN, PhD, 
     University of Wisconsin School of Nursing.
       ``The American Center for Cures is a remarkable idea that 
     will be the bridge between the promise of scientific 
     opportunities and the reality of our nation's health needs--
     to deliver cures. Americans deserve a center that is totally 
     dedicated to finding cures for our most devastating and 
     debilitating chronic diseases. The ACC is the natural 
     extension of the doubling of the NIH budget. Now we must have 
     as a top national priority an accountable, mission-driven 
     Center for Cures to rapidly identify ``cure opportunities'' 
     already created by federal, academic and private research 
     laboratories and proactively accelerate and rapidly translate 
     these opportunities into real cures.
       In an era of expanding needs, exploding knowledge of the 
     biomedical sciences, and demands of the public to have the 
     knowledge applied to their loved ones' ailments, the American 
     Center for Cures offers new hope and dynamic reality to 
     Americans. The American Center for Cures is the opportunity 
     to commit the American genius, resources, and ethic to a 
     greater cause in a ``moonshot'' approach to diseases.''--
     Richard J. Boxer, M.D., Clinical Professor, Health Policy, 
     Medical College of Wisconsin, Clinical Professor, Family and 
     Community Medicine, Medical College of Wisconsin, Clinical 
     Professor, Surgery/Urology, University of Wisconsin-Madison.
       ``Having reviewed the material you so kindly sent me, I 
     want to applaud this pioneering, entrepreneurial approach 
     which will undoubtedly accelerate the process by which we 
     discover and implement cures for diseases and improve and 
     enrich the quality of life of tens of millions of Americans. 
     I hope that this bold solutions-oriented approach will have 
     overwhelmingly bi-partisan support in Congress and that it 
     will be signed into law by the President at the earliest 
     possible moment.''--Steve Grossman, Former Chair, Democratic 
     National Committee, C.E.O. Massachusetts Envelope Company.
       ``The American Center for Cures is the best new idea in 
     Washington DC in a generation. It is timely, creative and 
     compelling.''--Joe Andrew, Former Chair, Democratic National 
     Committee, Sonnenschein, Nath and Rosenthal, LLP.
       ``The combination of NIH and industry-supported research, 
     combined with venture capital, has been very successful in 
     bringing new drugs based on fundamental biological 
     discoveries into commercial reality. In areas that combine 
     fundamental biology and physical science and engineering--
     biomedical devices, analytical, genomic, and diagnostic 
     tools, bioinformation systems, tissue engineering--the 
     current system works substantially less well.''--George 
     Whitesides, Ph.D., Professor of Chemistry, Harvard Medical 
     School, (given in 2004).
       ``The concept of the new institute is exciting.''--Arthur 
     W. Nienhuis, M.D., Director, St. Jude Children's Research 
     Hospital, (given in 2004).
       ``The concept and its underlying philosophy are right on 
     target. We need to open cancer research in prevention, early 
     diagnosis, and cure to scientists in diverse fields that 
     include physicists, chemists, computer scientists and 
     mathematicians.''--Frederick P. Li, M.D., Director, Division 
     of Cancer Epidemiology and Control, Dana-Farber Cancer 
     Institute, (given in 2004).
       ``The 20th Century saw a 100-percent increase in worldwide 
     life expectancy--one of the greatest achievements in history. 
     Today's children face different challenges, including a 
     higher risk of dying from cancer and other diseases of aging 
     than their grandparents did. In the 21st Century, our 
     challenge is to use incredible advancements in information 
     technology and biology to defeat such diseases as cancer, 
     Alzheimer's, diabetes, Parkinson's and many other afflictions 
     that take years of quality life from our loved ones. The 
     most-important benefit will be reduced human suffering. And 
     the value to our economy will be measured in trillions of 
     dollars. The American Center for Cures (ACC) legislation 
     recognizes and responds to the imperative of defeating these 
     deadly diseases in our lifetimes. I believe we can do that if 
     we summon the will to change the way we pursue new medical 
     solutions. FasterCures supports passage of the ACC 
     legislation and urges its rapid implementation. There is not 
     a moment to lose.''--M. Millken, Chairman, FasterCures/The 
     Center for Accelerating Medical Solutions.
       ``The American Center for Cures will be extraordinarily 
     important for all Americans, and indeed all humanity. The new 
     Center will combine scientific disciplines that have 
     previously not been brought to bear upon biomedical problems. 
     This is a unique and desperately needed approach will break 
     through the impasse and finally bring the formidable power of 
     all science to focus and solve the diseases that plague the 
     world. The American Center for Cures has been designed to 
     bring accountability and responsibility for ultimate cures. 
     Its success will be measured by cures and cures alone. As a 
     father, husband, entrepreneur, and one who has seen too much 
     suffering, I believe it is incumbent upon us to take a bold 
     approach to biomedical research that will make our children 
     and future generations free of the diseases that have 
     afflicted us and our ancestors. Let our descendents look back 
     at our generation and say, `They reached for the stars, and 
     found they were capable of conquering old paradigms, fears, 
     and diseases.'''--Lou Weisbach, C.E.O. Stadium Capital 
     Associates, Founder, HA-LO Industries, Inc.
       ``Oscar Wilde once wrote, ``Morality, like art, begins with 
     a line being drawn someplace.'' With tremendous suffering and 
     disease so prevalent in our country, the American Center for 
     Cures' (ACC) proposed legislation being introduced by 
     Senators Lieberman and Cochran draws a line in the sand for 
     health and extending the lifetime of every individual. From a 
     religious point of view, this certainly responds to the 
     notion that we are identified with life affirmation. I 
     heartily endorse this legislation.''--Rabbi Steven B. Jacobs, 
     Temple Kol Tikvah, Woodland Hills, CA--Rabbi Michael Lerner, 
     Editor, Tikkun Magazine, Rabbi, Beyt Tikkun Synagogue, San 
     Francisco, California.

[[Page 28260]]



                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 331--EXPRESSING THE SENSE OF THE SENATE REGARDING 
                FERTILITY ISSUES FACING CANCER SURVIVORS

  Ms. LANDRIEU (for herself, Mr. Burr, Mr. Bingaman, Mrs. Feinstein, 
and Mr. Isakson) submitted the following resolution; which was referred 
to the Committee on Health, Education, Labor, and Pensions:

                              S. Res. 331

       Whereas there are more than 10,000,000 cancer survivors in 
     the United States, and approximately 1,000,000 of those 
     survivors were diagnosed during their reproductive years;
       Whereas approximately 130,000 people under the age of 45 
     are diagnosed with cancer each year;
       Whereas up to 90 percent of patients diagnosed with cancer 
     under the age of 45 will undergo potentially sterilizing 
     treatments, such as surgery, chemotherapy, or radiation;
       Whereas survivorship rates have dramatically increased so 
     that 71 percent of patients who are diagnosed with cancer 
     under the age of 45 can expect to live at least five years 
     beyond the diagnosis of their disease;
       Whereas long-term consequences of cancer treatment are of 
     increasing concern to patients since they are increasingly 
     likely to survive their cancer;
       Whereas the diagnosis of infertility can be as devastating 
     for many patients as the cancer diagnosis itself;
       Whereas successful fertility preservation options for men 
     and women exist and include: sperm banking, oocyte (egg) 
     freezing, and ovarian and testicular tissue freezing;
       Whereas many cancer patients have the option of taking 
     steps to preserve their fertility before their potentially 
     sterilizing cancer treatment begins;
       Whereas many patients do not take steps to preserve their 
     fertility before treatment because they are not informed by 
     their health care professionals that their fertility is at 
     risk, or, if they are informed of the risk, they are 
     generally not counseled on their fertility preservation 
     options;
       Whereas unrelated factors such as marital status or poor 
     prognosis should not preclude certain patients from being 
     informed about their fertility risks and options; and
       Whereas the 2003-2004 President's Cancer Panel Report 
     recognized that comprehensive written and verbal information 
     regarding fertility side effects and fertility preservation 
     options for all reproductive-age patients should be provided 
     before treatment: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) cancer-related infertility is a serious quality of life 
     issue for reproductive-age cancer patients;
       (2) national and community organizations should be 
     recognized and applauded for their work in promoting 
     awareness of the risks of infertility and fertility 
     preservation options for cancer survivors;
       (3) the medical community should increase its efforts to 
     ensure that discussions about the risk of infertility and 
     fertility preservation options are an integral part of 
     pretreatment planning and consent for treatment for all 
     reproductive-age patients; and
       (4) the Federal Government, acting through the National 
     Institutes of Health, should endeavor to--
       (A) encourage research that will strengthen fertility 
     preservation technologies for cancer patients;
       (B) continue to consider ways to improve access to 
     fertility preservation options for cancer patients; and
       (C) endeavor to raise awareness about the fertility side 
     effects and fertility preservation options for cancer 
     patients.

                          ____________________




SENATE RESOLUTION 332--HONORING THE LIFE OF FORMER GOVERNOR CARROLL A. 
 CAMPBELL, AND EXPRESSING THE DEEPEST CONDOLENCES OF THE SENATE TO HIS 
                                 FAMILY

  Mr. DeMINT (for himself and Mr. Graham) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 332

       Whereas the Senate has learned with sadness of the death of 
     Governor Carroll Campbell;
       Whereas Carroll Campbell dedicated a lifetime of service to 
     the State of South Carolina and the United States;
       Whereas Carroll Campbell served most honorably as the 
     Governor of South Carolina from 1987 to 1995;
       Whereas from 1979, and until he was elected Governor of 
     South Carolina, Carroll Campbell served with high moral 
     character and integrity in the United States House of 
     Representatives;
       Whereas Carroll Campbell was the first Republican elected 
     to the House of Representatives for the 4th Congressional 
     District since the Reconstruction period;
       Whereas during his service as Governor, Carroll Campbell 
     provided extraordinary leadership and comfort to the citizens 
     of South Carolina throughout the devastating aftermath of 
     Hurricane Hugo and the rebuilding of the coast;
       Whereas Carroll Campbell improved the economy of South 
     Carolina and the livelihood of its citizens by attracting 
     world class businesses;
       Whereas Carroll Campbell worked diligently to restructure 
     the Government of South Carolina, making it more accessible 
     and responsive to its citizens;
       Whereas Carroll Campbell focused on improving the quality 
     of public education provided by the State of South Carolina 
     to all of its citizens;
       Whereas Carroll Campbell was as devoted to his principles 
     as he was to his loving family, which included his wife Iris, 
     his sons Carroll and Mike, and his grandchildren ``Blakeney'' 
     Herlong Campbell, Carroll ``Berrett'' Campbell, Michael 
     ``Rhodes'' Campbell, and Marie ``Riley'' Campbell; and
       Whereas Carroll Campbell was a visionary who worked to 
     improve the lives of all South Carolinians: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) extends its prayers and deepest condolences to the 
     entire Campbell family;
       (2) honors the life of Carroll Campbell and expresses 
     profound gratitude for his years of public service; and
       (3) acknowledges with appreciation the unfaltering 
     commitment and loyalty of Carroll Campbell to his family and 
     the State of South Carolina.

                          ____________________




    SENATE RESOLUTION 333--RECOGNIZING THE CENTENNIAL OF SUSTAINED 
IMMIGRATION FROM THE PHILIPPINES TO THE UNITED STATES AND ACKNOWLEDGING 
  THE CONTRIBUTIONS OF OUR FILIPINO-AMERICAN COMMUNITY TO OUR COUNTRY 
                         OVER THE LAST CENTURY

  Mr. AKAKA (for himself, Mr. Inouye, and Mr. Lautenberg) submitted the 
following resolution; which was considered and agreed to:

                              S. Res. 333

       Whereas the peoples of the Philippine archipelago have a 
     long and proud history, and today, as the Republic of the 
     Philippines, embrace democracy, occupy a central strategic 
     position in Asia and the Pacific, and nurture a rich and 
     diverse cultural heritage;
       Whereas the United States and the Philippines have enjoyed 
     a long and productive relationship, including the period of 
     United States governance between 1898 and 1946, and the 
     period post-independence starting in 1946, during which the 
     Philippines has taken its place among the community of 
     nations and has been one of our country's most loyal and 
     reliable allies internationally;
       Whereas the bonds between our 2 countries have been 
     strengthened through sustained immigration from the 
     Philippines to the United States;
       Whereas the 2000 census counted almost 2,400,000 Americans 
     of Filipino ancestry living in all parts of our country, 
     including the top 2 States, California, with almost 1,100,000 
     Filipino Americans, and Hawaii, with some 275,000;
       Whereas the contributions of Filipino Americans to the 
     United States include achievement in all segments of our 
     society, including, to name a few, labor, business, politics, 
     medicine, media and the arts;
       Whereas Filipino Americans have especially served with 
     distinction in the Armed Forces of the United States 
     throughout the history of our long relationship, from World 
     Wars I and II through the Korean War, the Vietnam War, the 
     Gulf War, and today in Afghanistan and Iraq;
       Whereas within the United States, Filipino Americans 
     retained many of their country's proud cultural traditions 
     and contribute immeasurably to the diverse tapestry of 
     today's American experience;
       Whereas Filipino Americans have also maintained close ties 
     to their friends and relatives in the Philippines and in 
     doing so play an indispensable role in maintaining the 
     strength and vitality of the United States-Philippines 
     relationship;
       Whereas both the Filipino experience in the United States 
     and the resultant ties between our 2 great countries began in 
     earnest in 1906, when 15 Filipino contract laborers arrived 
     in the then-Territory of Hawaii to work on the islands' sugar 
     plantations, the beginnings of an emigration from the 
     Philippines to Hawaii which, during the subsequent century, 
     has sometimes exceeded 60,000 a year, making Filipinos the 
     largest immigrant group from the Asia-Pacific region;
       Whereas 1906 also saw the first class of 200 
     ``pensionados'' arrive from the Philippines to obtain United 
     States educations with the intent of returning, although many 
     later became United States citizens and helped form the 
     foundation of today's Filipino-American community;

[[Page 28261]]

       Whereas the story of America's Filipino-American community 
     is little known and rarely told, yet is the quintessential 
     immigrant story of early struggle, pain, sacrifice, and 
     broken dreams, leading eventually to success in overcoming 
     ethnic, social, economic, political, and legal barriers to 
     win a well-deserved place in American society;
       Whereas our Filipino-American community will recognize a 
     century of achievement in the United States in 2006 through a 
     series of nationwide celebrations and memorials honoring the 
     centennial of sustained immigration from the Philippines; and
       Whereas this centennial is for all Americans of whatever 
     ethnic origin to celebrate both with and in order to 
     understand and appreciate our Filipino-American community, 
     but also as a remembrance of the struggles and triumphs of 
     all of our predecessors and in honor of our common national 
     experience: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the centennial of sustained immigration from 
     the Philippines to the United States;
       (2) acknowledges the achievements and contributions of 
     Filipino Americans over the past century; and
       (3) urges the people of the United States to observe this 
     milestone with appropriate celebratory and educational 
     programs, ceremonies and other activities.

                          ____________________




 SENATE CONCURRENT RESOLUTION 69--SUPPORTING THE GOALS AND IDEALS OF A 
    DAY OF HEARTS, CONGENITAL HEART DEFECT DAY IN ORDER TO INCREASE 
    AWARENESS ABOUT CONGENITAL HEART DEFECTS, AND FOR OTHER PURPOSES

  Mr. ISAKSON submitted the following concurrent resolution; which was 
referred to the Committee on Health, Education, Labor, and Pensions:

                            S. Con. Res. 69

       Whereas congenital heart defects are structural problems 
     with the heart that are present at birth;
       Whereas such defects range in severity from simple 
     problems, such as ``holes'' between chambers of the heart, to 
     very severe malformations, such as the complete absence of 
     one or more chambers or valves of the heart;
       Whereas more than one million Americans have some form of a 
     congenital heart defect and such defect is the number one 
     cause of death in infants;
       Whereas out of 1000 births, eight babies will have some 
     form of a congenital heart disorder, and approximately 35,000 
     babies are born with such defects each year;
       Whereas twice as many children die each year from 
     congenital heart disease compared with childhood cancers, yet 
     funding for pediatric cancer research is five times higher 
     than such funding for congenital heart disease;
       Whereas cardiovascular disease is the Nation's leading 
     killer in both men and women among all racial and ethnic 
     groups;
       Whereas the United States has a severe shortage of cardiac 
     centers that are fully equipped to provide care for adults 
     living with complex heart defects;
       Whereas almost one million Americans die of cardiovascular 
     disease each year, resulting in up to 42 percent of all 
     deaths in the United States;
       Whereas the presence of a serious congenital heart defect 
     often results in an enormous emotional and financial strain 
     on young families who are already in a vulnerable stage of 
     their lives;
       Whereas severe congenital heart disease requires that 
     families dedicate extensive financial resources for 
     assistance and care both within and outside of a hospital 
     environment;
       Whereas congenial heart defects exceed more than $2.2 
     million a year for inpatient surgery alone; and
       Whereas February 14, 2006 would be an appropriate day to 
     recognize A Day for Hearts: Congenital Heart Defect Awareness 
     Day: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That the Congress supports the goals and ideals 
     of A Day of Hearts: Congenital Heart Defect Awareness Day 
     to--
       (1) increase awareness about congenital heart defects;
       (2) encourage research with respect to the disease; and
       (3) support the millions of Americans who are affected by 
     this disease.

                          ____________________




                   AUTHORITIES FOR COMMITTEES TO MEET


               committee on environment and public works

  Mr. GREGG. Mr. President. I ask unanimous consent that the Committee 
on Environment and Public Works be authorized to hold a hearing on 
Wednesday, December 14 regarding EPA's Spill Prevention Control and 
Countermeasure program, specifically the issues addressed by proposed 
rule and guidance document issued Friday, December 2.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. GREGG. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet in open Executive Session during the 
session on Wednesday, December 14, 2005, 11 a.m., to consider the 
nominations of Antonio Fratto, to be Assistant Secretary of the 
Treasury for Public Affairs, U.S. Department of the Treasury, 
Washington, DC; David M. Spooner, to be Assistant Secretary of Commerce 
for Import Administration, U.S. Department of Commerce, Washington, DC; 
Vincent J. Ventimiglia, Jr., to be Assistant Secretary of Health and 
Human Services for Legislation, U.S. Department of Health and Human 
Services, Washington, DC; Richard T. Crowder, to be Chief Agricultural 
Negotiator, Office of the United States Trade Representative, 
Washington, DC; Jeffrey Robert Brown, to be Member of Social Security 
Advisory Board, Social Security Administration, Baltimore, MD; and 
David Steele Bohigian, Assistant Secretary of Commerce, Market Access 
and Compliance, U.S. Department of Commerce, Washington, DC.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. HARKIN. Mr. President, I ask unanimous consent Jon Miles of my 
staff be granted floor privileges for the duration of today's session.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that John 
Haffner and Molly Askin, legal interns in my Judiciary Committee 
office, be given privileges of the floor during the PATRIOT Act 
conference report.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                UNANIMOUS-CONSENT AGREEMENT--H. R. 3010

  Mr. SESSIONS. Mr. President, I ask unanimous consent that at a time 
to be determined by the majority leader, in consultation with the 
Democratic leader, the Senate proceed to the consideration of the 
conference report to accompany H.R. 3010, the Labor-HHS appropriations 
bill. I further ask consent that there be 90 minutes of debate under 
the control of Senator Harkin, 30 minutes under the control of Senator 
Specter, and 10 minutes for Senator Coburn; further, that following 
that time, it be temporarily set aside with the vote to occur on the 
conference report at a time to be determined by the majority leader, 
after consultation with the Democratic leader, with no intervening 
action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




          EXPRESSING CONDOLENCES ON DEATH OF CARROLL CAMPBELL

  Mr. SESSIONS. I ask unanimous consent that the Senate now proceed to 
the consideration of S. Res. 332, which was submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 332) honoring the life of former 
     Governor Carroll A. Campbell, and expressing the deepest 
     condolences of the Senate to his family.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. SESSIONS. I ask unanimous consent that the resolution be agreed 
to, the preamble be agreed to, the motion to reconsider be laid upon 
the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 332) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 332

       Whereas the Senate has learned with sadness of the death of 
     Governor Carroll Campbell;
       Whereas Carroll Campbell dedicated a lifetime of service to 
     the State of South Carolina and the United States;
       Whereas Carroll Campbell served most honorably as the 
     Governor of South Carolina from 1987 to 1995;

[[Page 28262]]

       Whereas from 1979, and until he was elected Governor of 
     South Carolina, Carroll Campbell served with high moral 
     character and integrity in the United States House of 
     Representatives;
       Whereas Carroll Campbell was the first Republican elected 
     to the House of Representatives for the 4th Congressional 
     District since the Reconstruction period;
       Whereas during his service as Governor, Carroll Campbell 
     provided extraordinary leadership and comfort to the citizens 
     of South Carolina throughout the devastating aftermath of 
     Hurricane Hugo and the rebuilding of the coast;
       Whereas Carroll Campbell improved the economy of South 
     Carolina and the livelihood of its citizens by attracting 
     world class businesses;
       Whereas Carroll Campbell worked diligently to restructure 
     the Government of South Carolina, making it more accessible 
     and responsive to its citizens;
       Whereas Carroll Campbell focused on improving the quality 
     of public education provided by the State of South Carolina 
     to all of its citizens;
       Whereas Carroll Campbell was as devoted to his principles 
     as he was to his loving family, which included his wife Iris, 
     his sons Carroll and Mike, and his grandchildren ``Blakeney'' 
     Herlong Campbell, Carroll ``Berrett'' Campbell, Michael 
     ``Rhodes'' Campbell, and Marie ``Riley'' Campbell; and
       Whereas Carroll Campbell was a visionary who worked to 
     improve the lives of all South Carolinians: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) extends its prayers and deepest condolences to the 
     entire Campbell family;
       (2) honors the life of Carroll Campbell and expresses 
     profound gratitude for his years of public service; and
       (3) acknowledges with appreciation the unfaltering 
     commitment and loyalty of Carroll Campbell to his family and 
     the State of South Carolina.

                          ____________________




                           EXECUTIVE CALENDAR

                                 ______
                                 

                         NOMINATIONS DISCHARGED

  Mr. SESSIONS. As in executive session, I ask unanimous consent that 
the following committees be discharged from further consideration of 
the nominations mentioned and that they be placed on the calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. From the Foreign Relations Committee, Marilyn Ware, PN 
1015; from the HELP Committee, Stephanie Monroe, PN 651; from the 
Homeland Security Committee, Donald Gambatesa, PN 870.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




  RECOGNIZING CENTENNIAL OF SUSTAINED IMMIGRATION FROM PHILIPPINES TO 
                             UNITED STATES

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 333 submitted earlier 
today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 333) recognizing the centennial of 
     sustained immigration from the Philippines to the United 
     States and acknowledging the contributions of our Filipino-
     American community to our country over the last century.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. AKAKA. Mr. President, I rise to speak about the resolution 
submitted today with the senior Senator from Hawaii; Dan Inouye. This 
resolution formally recognizes the 2006 centennial of Filipino 
immigration to Hawaii, acknowledges the contributions of the Filipino-
American community to our country, and celebrates the long and 
productive relationship between the Philippines and the United States.
  On December 20, 1906, the first Filipino ``sakadas,'' or farm 
workers, arrived at Honolulu Harbor. Over the years Filipino workers 
provided an invaluable service for Hawaiian sugarcane and pineapple 
plantations. Other Filipino immigrants who arrived on the West Coast 
contributed to the workforce on farms in California and Washington, 
lumber operations in the North West, and salmon canneries in Alaska. 
Three years earlier, following the passage of the Pensionado Act, about 
200 Filipino ``pensionados,'' or government scholars, were brought to 
the U.S. to receive an American education. Though many of the 
``sakadas'' and ``pensionados'' intended to return to the Philippines, 
a number of them stayed to become American citizens, forming the 
foundation of today's Filipino-American community.
  Despite being the second-largest Asian-American group in the United 
States, the story of the Filipino-American community is largely 
unknown. This resolution pays tribute to the sacrifice of Filipino-
Americans and their perseverance in the face of political, social, and 
ethnic adversity.
  Throughout our Nation, there are about 2.4 million Americans of 
Filipino ancestry. Hawaii has the second largest population of 
Filipino-Americans with 275,000 residing there today. Our country has 
benefitted greatly from the many accomplishments of the Filipino-
American community, in all areas of society.
  As a Nation with a rich immigrant heritage, it is only right that our 
country recognizes the struggles and triumphs experienced by the 
Filipino community. I would also like to commend my other colleagues in 
Hawaii's Congressional delegation, Representatives Ed Case and Neil 
Abercrombie, for sponsoring this resolution in the other body. I would 
like to thank my intern, Sylvia Wan, for her assistance in preparing 
this statement. I urge my colleagues to support this resolution to 
honor the centennial of Filipino migration to Hawaii and their 
contributions to our country.
  Mr. SESSIONS. I ask unanimous consent that the resolution and 
preamble be agreed to en bloc, the motion to reconsider be laid upon 
the table, and that any statements relating thereto be printed in the 
Record, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 333) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 333

       Whereas the peoples of the Philippine archipelago have a 
     long and proud history, and today, as the Republic of the 
     Philippines, embrace democracy, occupy a central strategic 
     position in Asia and the Pacific, and nurture a rich and 
     diverse cultural heritage;
       Whereas the United States and the Philippines have enjoyed 
     a long and productive relationship, including the period of 
     United States governance between 1898 and 1946, and the 
     period post-independence starting in 1946, during which the 
     Philippines has taken its place among the community of 
     nations and has been one of our country's most loyal and 
     reliable allies internationally;
       Whereas the bonds between our 2 countries have been 
     strengthened through sustained immigration from the 
     Philippines to the United States;
       Whereas the 2000 census counted almost 2,400,000 Americans 
     of Filipino ancestry living in all parts of our country, 
     including the top 2 States, California, with almost 1,100,000 
     Filipino Americans, and Hawaii, with some 275,000;
       Whereas the contributions of Filipino Americans to the 
     United States include achievement in all segments of our 
     society, including, to name a few, labor, business, politics, 
     medicine, media and the arts;
       Whereas Filipino Americans have especially served with 
     distinction in the Armed Forces of the United States 
     throughout the history of our long relationship, from World 
     Wars I and II through the Korean War, the Vietnam War, the 
     Gulf War, and today in Afghanistan and Iraq;
       Whereas within the United States, Filipino Americans 
     retained many of their country's proud cultural traditions 
     and contribute immeasurably to the diverse tapestry of 
     today's American experience;
       Whereas Filipino Americans have also maintained close ties 
     to their friends and relatives in the Philippines and in 
     doing so play an indispensable role in maintaining the 
     strength and vitality of the United States-Philippines 
     relationship;
       Whereas both the Filipino experience in the United States 
     and the resultant ties between our 2 great countries began in 
     earnest in 1906, when 15 Filipino contract laborers arrived 
     in the then-Territory of Hawaii to work on the islands' sugar 
     plantations, the beginnings of an emigration from the 
     Philippines to Hawaii which, during the subsequent century, 
     has sometimes exceeded 60,000 a year, making Filipinos the 
     largest immigrant group from the Asia-Pacific region;
       Whereas 1906 also saw the first class of 200 
     ``pensionados'' arrive from the Philippines to obtain United 
     States educations with the intent of returning, although many 
     later became United States citizens and helped form the 
     foundation of today's Filipino-American community;

[[Page 28263]]

       Whereas the story of America's Filipino-American community 
     is little known and rarely told, yet is the quintessential 
     immigrant story of early struggle, pain, sacrifice, and 
     broken dreams, leading eventually to success in overcoming 
     ethnic, social, economic, political, and legal barriers to 
     win a well-deserved place in American society;
       Whereas our Filipino-American community will recognize a 
     century of achievement in the United States in 2006 through a 
     series of nationwide celebrations and memorials honoring the 
     centennial of sustained immigration from the Philippines; and
       Whereas this centennial is for all Americans of whatever 
     ethnic origin to celebrate both with and in order to 
     understand and appreciate our Filipino-American community, 
     but also as a remembrance of the struggles and triumphs of 
     all of our predecessors and in honor of our common national 
     experience: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the centennial of sustained immigration from 
     the Philippines to the United States;
       (2) acknowledges the achievements and contributions of 
     Filipino Americans over the past century; and
       (3) urges the people of the United States to observe this 
     milestone with appropriate celebratory and educational 
     programs, ceremonies and other activities.

                          ____________________




 SHAREHOLDER CONSIDERATION OF PROPOSALS UNDER THE ALASKA NATIVE CLAIMS 
                             SETTLEMENT ACT

  Mr. SESSIONS. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 182, S. 449.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 449) to facilitate shareholder consideration of 
     proposals to make Settlement Common Stock under the Alaska 
     Native Claims Settlement Act available to missed enrollees, 
     eligible elders, and eligible persons born after December 18, 
     1971, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SESSIONS. I ask unanimous consent the bill be read a third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 449) was read the third time and passed, as follows:

                                 S. 449

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TECHNICAL AMENDMENT TO ALASKA NATIVE CLAIMS 
                   SETTLEMENT ACT.

       Section 36(d)(3) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629b) is amended--
       (1) by striking ``(d)(3)'' and inserting ``(3)'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``of this section'' and inserting ``or an amendment to 
     articles of incorporation under section 7(g)(1)(B)'';
       (3) in subparagraph (A)--
       (A) by striking ``, or'' and inserting ``; or''; and
       (B) by striking ``such resolution'' and inserting ``the 
     resolution or amendment to articles of incorporation''; and
       (4) in subparagraph (B), by striking ``such resolution'' 
     and inserting ``the resolution or amendment to articles of 
     incorporation''.

                          ____________________




 ALLOWING BINDING ARBITRATION CLAUSES TO BE INCLUDED IN ALL CONTRACTS 
   AFFECTING LAND WITHIN THE GILA RIVER INDIAN COMMUNITY RESERVATION

  Mr. SESSIONS. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of H.R. 327, which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 327) to allow binding arbitration clauses to 
     be included in all contracts affecting land within the Gila 
     River Indian Community Reservation.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements related to the bill be printed in the 
record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 327) was read the third time and passed.

                          ____________________




                 ORDERS FOR THURSDAY, DECEMBER 15, 2005

  Mr. SESSIONS. Mr. President, on behalf of the majority leader, I ask 
unanimous consent that when the Senate completes its business today, it 
stand in adjournment until 9 a.m. on Thursday, December 15. I further 
ask that following the prayer and pledge, the morning hour be deemed 
expired, the Journal of proceedings be approved to date, the time for 
the two leaders be reserved, and the Senate then proceed to the 
conference report to accompany the Labor-HHS bill, as under the order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SESSIONS. Mr. President, I further ask unanimous consent that the 
first 90 minutes be under the control of Senator Harkin. I further ask 
unanimous consent that following the use or yielding back of that time, 
the conference report be set aside, the Senate resume consideration of 
the PATRIOT conference report, and that the next 2 hours be equally 
divided between the two leaders or their designees; provided further 
that following that 2-hour time period, the Senate stand in recess 
until 2:15 for the policy lunch to meet. I also ask unanimous consent 
that the time from 2:15 to 3:30 be equally divided between the two 
leaders or their designees; provided further that at 3:30 the Senate 
resume consideration of the House message to accompany S. 1932, with 
all time having been considered used, and the Senate proceed to a 
series of votes in relation to the remaining motions in the order 
offered; that the order of motions would be DeWine, Kohl, Kennedy, and 
Reed; and finally, I ask unanimous consent there be 2 minutes equally 
divided between each of those votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. SESSIONS. Mr. President, tomorrow we will be considering several 
measures throughout the day. We will begin the day with debate on the 
Labor-HHS appropriations conference report. We will resume debate on 
the PATRIOT Act conference report. At 3:30 we will begin the final 
series of votes with respect to the remaining motions to instruct on 
the deficit reduction bill. We also expect to stack the Labor-HHS 
conference report in that series of votes. Other votes may occur as we 
work on either executive items or on other legislative issues.

                          ____________________




                   ADJOURNMENT UNTIL 9 A.M. TOMORROW

  Mr. SESSIONS. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent the Senate stand in 
adjournment under the previous order.
  There being no objection, the Senate, at 7:59 p.m., adjourned until 
Thursday, December 15, 2005, at 9 a.m. 

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate December 14, 2005:


                             THE JUDICIARY

       PATRICK JOSEPH SCHILTZ, OF MINNESOTA, TO BE UNITED STATES 
     DISTRICT JUDGE FOR THE DISTRICT OF MINNESOTA, VICE RICHARD H. 
     KYLE, RETIRED.
       JACK ZOUHARY, OF OHIO, TO BE UNITED STATES DISTRICT JUDGE 
     FOR THE NORTHERN DISTRICT OF OHIO, VICE DAVID A. KATZ, 
     RETIRED.


                            FOREIGN SERVICE

       THE FOLLOWING-NAMED PERSONS OF THE AGENCIES INDICATED FOR 
     APPOINTMENT AS FOREIGN SERVICE OFFICERS OF THE CLASS STATED.
       FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS THREE, 
     CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE 
     OF THE UNITED STATES OF AMERICA:


                       DEPARTMENT OF AGRICULTURE

LISA M. ANDERSON, OF VIRGINIA
RICHARD A. BATTAGLIA, OF VIRGINIA
ANN E. MURPHY, OF VIRGINIA
KATHRYN A. SNIPES, OF CALIFORNIA
CHRISTINE M. STROSSMAN, OF NEW YORK


                         DEPARTMENT OF COMMERCE

J. GREGORY BRISCOE, OF TENNESSEE
BRADLEY A. HARKER, OF NEVADA
KELLIE L. HOLLOWAY JARMAN, OF OREGON
ERIC K.P. HSU, OF OREGON
STEPHEN P. KNODE, OF FLORIDA
JAMES W. MAYFIELD, JR., OF MARYLAND
KEITH L. SILVER, OF NEW HAMPSHIRE


                          DEPARTMENT OF STATE

DAVID B. FOLEY, OF CALIFORNIA


[[Page 28264]]

       FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS FOUR, 
     CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE 
     OF THE UNITED STATES OF AMERICA:


                         DEPARTMENT OF COMMERCE

WANDA BARQUIN, OF CALIFORNIA
ARTINA M. DAVIS, OF MARYLAND
JOHN M. FLEMING, OF MARYLAND
DIANE JONES, OF FLORIDA
MILLAR J.C. WHITE III, OF CALIFORNIA


                          DEPARTMENT OF STATE

BRIDGET M. ALWAY, OF IDAHO
DANNIELLE RENEE ANDREWS, OF CALIFORNIA
GEOFFREY JAMES ANISMAN, OF NEW YORK
DARIAN LAWRENCE ARKY, OF NEVADA
ELIZABETH MCGEE BAILEY, OF TEXAS
NOLAN E. BARKHOUSE, OF TEXAS
HEIDI-HAKONE L. BARRACHINA, OF VIRGINIA
WENDY K. BARTON, OF NEVADA
BARBARA A. BARTSCH-ALLEN, OF TEXAS
JONATHAN R. BAYAT, OF PENNSYLVANIA
FRANCES J. BELISLE, OF VIRGINIA
JUSTIN DAVID BERG, OF VIRGINIA
MELISSA ANNE BISHOP, OF CALIFORNIA
CHERYL BODEK, OF NEW JERSEY
KRISTIN BONGIOVANNI, OF WASHINGTON
JEFFREY DAVID BORENSTEIN, OF VIRGINIA
ROBERT J. BRENNAN, OF FLORIDA
JENNIFER M. BROWN, OF VIRGINIA
JASON E. BRUDER, OF NEW YORK
ALEXANDER THADDEUS BRYAN, OF FLORIDA
ERIN MARIE BUTLER, OF WASHINGTON
ALFRED THOMAS CANAHUATE, OF MARYLAND
THOMAS SCOTT CARNEGIE, OF VIRGINIA
JANE H. CARPENTER-ROCK, OF MARYLAND
ADAM M. CENTER, OF GEORGIA
MATTHEW ANTHONY CENZER, OF VIRGINIA
ANGELA M. CERVETTI SAAVEDRA, OF VIRGINIA
CAROL-ANNE CHANG, OF NEW YORK
DWAYNE L. CLINE, OF NEVADA
MELISSA ROSS CLINE, OF NEW YORK
RACHEL LEE COOKE, OF VERMONT
ANDREW KENNETH COVINGTON, OF ILLINOIS
FLEUR SOPHIE COWAN, OF THE DISTRICT OF COLUMBIA
C. AMANDA CRANMER, OF CALIFORNIA
JOSEPH L. CROOK, OF WASHINGTON
PETER N. D'AMICO, OF NEW YORK
R. CHRISTOPHER W. DAVY, OF TEXAS
MELISA MARIE DOHERTY, OF MINNESOTA
JACK DOUTRICH, OF WASHINGTON
WILLIAM R. DOWERS, OF FLORIDA
TOD EARL DURAN, OF TEXAS
PATRICIA ELLIS, OF PENNSYLVANIA
BARBARA I. ENSSLIN, OF FLORIDA
KATHERINE L. ESTES, OF FLORIDA
ERIN K. EUSSEN, OF WASHINGTON
MARY SUE FIELDS, OF VIRGINIA
JOSEPH J.O. FITZGERALD, OF WASHINGTON
MATTHEW J. FLANNIGAN, OF WYOMING
AARON P. FORSBERG, OF OREGON
COLIN P. FURST, OF VIRGINIA
JEANNE MICHELLE GALLO, OF NEW YORK
STEPHEN J. GEE, OF OHIO
BRENNAN MICHAEL GILMORE, OF VIRGINIA
MARY ELIZABETH GLANTZ, OF VIRGINIA
ABIGAIL DRESSEL GONZALEZ, OF CONNECTICUT
MICHAEL ANDREW GRAHAM, OF MISSOURI
KRISTEN KAROL GRAUER, OF MICHIGAN
KAREN ELIZABETH GRISSETTE, OF CALIFORNIA
MAUREEN E. HAGGARD, OF WASHINGTON
SUZANNE K. HALL, OF NEW HAMPSHIRE
STACIE RENEE HANKINS, OF VIRGINIA
ZACHARY V. HARKENRIDER, OF NEW YORK
KIMBERLY D. HARRINGTON, OF NEW JERSEY
ELIZABETH J. HARRIS, OF OKLAHOMA
LINDSAY NICOLE HENDERSON, OF OREGON
NATASHA M. HENDERSON, OF PENNSYLVANIA
DAVID ANTHONY HENRY, OF WASHINGTON
THOMAS R. HINES, OF CALIFORNIA
DOVIE A. HOLLAND, OF TEXAS
JAMES ARLEN HOLT, OF FLORIDA
NEIL WILLIAM HOP, OF OREGON
LAURA PHIPPS HRUBY, OF OHIO
BRYCE ALLISON ISHAM, OF WASHINGTON
ELIZABETH EVELYN JAFFEE, OF VIRGINIA
MANAV JAIN, OF CALIFORNIA
AMANDA LYN JOHNSON, OF MONTANA
SHERRY C. KENESON-HALL, OF KENTUCKY
THADDEUS L. KONTEK, OF VIRGINIA
JOEL A. KOPP, OF ALASKA
PAUL W. KREUTZER, OF MARYLAND
THOMAS MARTIN KREUTZER, OF WASHINGTON
LALE KUYUMCU, OF VIRGINIA
CHERIE J. LENZEN, OF ILLINOIS
JOHN ANTHONY LEWANDOWSKI, OF MISSOURI
KEVIN D. LEWIS, OF TEXAS
GENEVIEVE LIBONATI, OF MARYLAND
TIMOTHY EDWARD LISTON, OF VIRGINIA
MATTHEW WILLIAM LONG, OF MASSACHUSETTS
RICHARD N. LYONS III, OF COLORADO
STACY DEE MACTAGGERT, OF WISCONSIN
GREGORY RAGAN MARCUS, OF FLORIDA
R. BRYAN MARCUS, OF ALABAMA
NICOLE M. MARTIN, OF FLORIDA
KAMANA MATHUR, OF TEXAS
MARISSA MAURER, OF DELAWARE
DAVID CHRISTIAN MCFARLAND, OF TEXAS
BRIAN GERALD MCINERNEY, OF INDIANA
ROBERT AARON MCINTURFF, OF VIRGINIA
LEE MCMANIS, OF CALIFORNIA
SUZANNE MCPARTLAND, OF NEW YORK
GENEVE ELIZA MENSCHER, OF NEW JERSEY
JENNIFER T. MERGY, OF CALIFORNIA
KENNETH LEE MEYER, OF OHIO
DEBORAH A. MILLER, OF VIRGINIA
ALLISON MARGARET MONZ, OF CALIFORNIA
JAMES WALTER MOON IV, OF SOUTH CAROLINA
JUDY S. MOORE, OF TEXAS
KRISTINA MOORE, OF ARIZONA
CHARLES H. MORRILL, OF NEW HAMPSHIRE
ELIZABETH ANN MURPHY, OF PENNSYLVANIA
TRACEY B. NEWELL, OF VIRGINIA
VALERIE COLETTE O'BRIEN, OF VIRGINIA
THOMAS ALFRED O'KEEFFE III, OF VIRGINIA
CRAIG OLSON, OF VIRGINIA
MYRNA M. ORTIZ KERR, OF NEW YORK
NICOLE IRELAND OTALLAH, OF VIRGINIA
REBECCA KIMBRELL PATRICK, OF TENNESSEE
ELIZABETH A. PELLETREAU, OF MASSACHUSETTS
KIMBERLY JOY PENLAND, OF FLORIDA
RAFAEL A. PEREZ, OF FLORIDA
QUINN N. PLANT, OF WASHINGTON
TIMOTHY F. PONCE, OF FLORIDA
GAUTAM A. RANA, OF NEW JERSEY
JOHN ANTHONY REGAN, OF PENNSYLVANIA
ANNELIESE LOUISE REINEMEYER, OF TEXAS
TIMOTHY JOE RELK, OF IDAHO
STEVEN MATTHEW RIDER, OF SOUTH DAKOTA
MICHAEL ROMAN ROUSEK, OF OHIO
AMY B. SCANLON, OF VERMONT
ADAM WILLARD SCARLATELLI, OF NEW JERSEY
JOAN PERKINS SHAKER, OF VIRGINIA
SCOTT E SMITH, OF INDIANA
LORELEI GRAYCE SNYDER, OF CALIFORNIA
JENNIFER SARAH PLEUSS SPANDE, OF VIRGINIA
NICOLE E. SPECIANS, OF ILLINOIS
TANYA K. SPENCER, OF TEXAS
VINCENT D. SPERA, OF DELAWARE
TERRY R. STEERS-GONZALEZ, OF TEXAS
KRISTIN M. STEWART, OF COLORADO
GUY T. STRANDEMO, OF MINNESOTA
RICHARD E. SWART III, OF NEW JERSEY
HOLLY LINDQUIST THOMAS, OF MINNESOTA
BENJAMIN A. THOMSON, OF UTAH
EDWARD LEWIS WATERS, OF NEVADA
ELIZABETH WILSON WEBSTER, OF VIRGINIA
CATHERINE J. WESTLEY, OF ILLINOIS
ANTJE L. WEYGANDT, OF VIRGINIA
SCOTT EDWARD WOODARD, OF FLORIDA
JOSEPH LAURENCE WRIGHT II, OF FLORIDA
JANINE S. YOUNG, OF CALIFORNIA
CHRISTOPHER THOMAS ZIMMER, OF FLORIDA
EARL JAY ZIMMERMAN, OF FLORIDA

       THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SERVICE TO BE 
     CONSULAR OFFICERS AND/OR SECRETARIES IN THE DIPLOMATIC 
     SERVICE OF THE UNITED STATES OF AMERICA, AS INDICATED: 
       CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE 
     OF THE UNITED STATES OF AMERICA:


                         DEPARTMENT OF COMMERCE

CYNTHIA A. BIGGS, OF FLORIDA
LOUISA H. CHIANG, OF CALIFORNIA


                          DEPARTMENT OF STATE

ALLYSON MCCOLLUM ALGEO, OF CALIFORNIA
JEFFREY ROBERT ALLEN, OF TEXAS
TODD DAVID ANDERSON, OF KENTUCKY
ANDREA APPELL, OF CALIFORNIA
SELIM ARITURK, OF THE DISTRICT OF COLUMBIA
DAVID PRATHIPAN ARULANANTHAM, OF CALIFORNIA
WILLIAM DONALD BAKER, OF ARKANSAS
BRIAN R. BAUMAN, OF VIRGINIA
LEE BELLAND, OF WASHINGTON
NICOLE N. BLAND, OF MARYLAND
THOMAS R. BREWSTER, OF VIRGINIA
JUDITH ALEXANDRIA BRIDGES, OF TEXAS
SARAH L. BRUTLAG, OF VIRGINIA
BRENT D. BRYSON, OF VIRGINIA
KATHERINE A. CARO, OF FLORIDA
WILLIAM J. CAVANAUGH, OF VIRGINIA
CHRISTINA MICHELLE CHESHIER, OF ARIZONA
ANN MARIE CHIAPPETTA, OF CALIFORNIA
KATHERINE J. CHISHOLM, OF VIRGINIA
JASON CHUE, OF NEW YORK
JONATHAN CLAUS, OF VIRGINIA
GREGORY D. COFFEY, OF VIRGINIA
CECELIA MASON COLEMAN, OF TEXAS
STEVEN M. CONLON, OF PENNSYLVANIA
WAYNE H. CRAWFORD, OF COLORADO
MARTHA A. CRUNKLETON, OF FLORIDA
RICHARD DAVID DAMSTRA, OF MICHIGAN
CHRISTIAN JAEGER DEITCH, OF ILLINOIS
SARA ELIZABETH DEVLIN, OF KENTUCKY
JASON DROGO, OF CALIFORNIA
ALLEN DUBOSE, OF FLORIDA
JOHN E. DUNLOP, OF MARYLAND
MATTHEW JOHN EASTER, OF NEW YORK
JON NICHOLAS EISENLOHR, OF VIRGINIA
GINA ELKOURY, OF NEW JERSEY
ELLEN M. ENGLEHART, OF VIRGINIA
MARIALICE B. EPERIAM, OF ILLINOIS
ADELLE ALLISON FAY, OF WASHINGTON
JOSEPH J. FERRERO, OF CALIFORNIA
EMILY M. FLECKNER, OF NEW YORK
MELINDA J. FOUNTAIN, OF INDIANA
NORMAN GALIMBA, OF ILLINOIS
KATHEY-LEE GALVIN, OF OREGON
TIMOTHY JOHN GILLEN, OF TEXAS
MARGARET GOLDFADEN, OF THE DISTRICT OF COLUMBIA
LAWRENCE GRIPPO, OF NEW JERSEY
GARTH C. GROCE, OF VIRGINIA
CHRISTOPHER G. GROSSMAN, OF OKLAHOMA
KATHLEEN MARIE GUERRA, OF WASHINGTON
KATHRYN A. HARTY, OF VIRGINIA
JASON HEUNG, OF THE DISTRICT OF COLUMBIA
DEREK WILLIAM HOFFMANN, OF INDIANA
JAMES E. HOGAN, OF FLORIDA
JAMES L. HOLLERAN, OF VIRGINIA
SHANE EDWARD HOLMES, OF MARYLAND
YUEN-HAO HUANG, OF THE DISTRICT OF COLUMBIA
MARC I. HURWITZ, OF VIRGINIA
RANDOLPH FOSTER JOHNSON, OF COLORADO
CHRISTOPHER KANE, OF TEXAS
MATTHEW KEENER, OF CALIFORNIA
CHAD M. KELLER, OF VIRGINIA
LUBNA KHAN, OF UTAH
KATHRYN ANN KISER, OF FLORIDA
ELIZABETH VIRGINIA KUHSE, OF COLORADO
ANDREW F. KYLE, OF GEORGIA
SHELBIE CHANDELLE LEGG, OF FLORIDA
GLENN K. LEWIS, OF VIRGINIA
JORGE E LIZARRALDE, OF TEXAS
JEREMY LONG, OF CALIFORNIA
HILARY A. LOOSEMORE, OF VIRGINIA
JOLENE MARIE LOWRY, OF VIRGINIA
ANDREW ROBERT LUCCHESE, OF VIRGINIA
SANTIAGO LUGO, OF MARYLAND
TODD P. MACLER, OF VIRGINIA
DANIEL EDWARD MANGIS, OF TEXAS
SHAILA B. MANYAM, OF FLORIDA
JAMIE MARTIN, OF THE DISTRICT OF COLUMBIA
DONALD G. MAYNARD, OF VIRGINIA
MAUREEN YVONNE MIMNAUGH, OF CALIFORNIA
RONALD WAYNE MITCHELL, OF VIRGINIA
TODD KIYOSHI MIYAHIRA, OF VIRGINIA
LANCE P. MOORE, OF VIRGINIA
MOHAMMED MOTIWALA, OF CALIFORNIA
MICHAEL P. MULROY, OF FLORIDA
ERICA J. MURRAY, OF CALIFORNIA
MARNI A. MYERS, OF THE DISTRICT OF COLUMBIA
REBECCA J. NASLUND, OF TEXAS
BRADLEY J. NIEMANN, OF VIRGINIA
S. SOPHIA O'DONNELL, OF ILLINOIS
WON K. OH, OF VIRGINIA
MARIA ALLEN OLSON, OF VIRGINIA
MICHELLE Y. OUTLAW, OF ARIZONA
DANIEL PAYTON, OF FLORIDA
ERIN ELIZABETH PELTON, OF MINNESOTA
HEIDI MARAE REES, OF VIRGINIA
NINA J. ROBINSON, OF CALIFORNIA
NATHANIEL B. ROTCHFORD, OF VIRGINIA
MELANIE B RUBENSTEIN, OF OHIO
RYAN J. RUSSELL, OF VIRGINIA
AUGUSTO SANCHEZ, OF WEST VIRGINIA
CHRISTA M. SCHNEIDER, OF WISCONSIN
HELENA P. SCHRADER, OF MAINE
CHARLES R. SELLERS, OF OREGON
ERIK R. SHAFER, OF THE DISTRICT OF COLUMBIA
DERRIN RAY SMITH, OF COLORADO
HEATHER M. SMITH, OF MICHIGAN
JENNIFER L. SOLTYS, OF VIRGINIA
HEATHER STEIL, OF CALIFORNIA
KENNETH LAMARR STILES, OF VIRGINIA
JEFFREY D. STONE, OF MARYLAND
JAMES ROBERT STRANGE, OF CALIFORNIA
VIRGIL B. STROHMEYER, OF CALIFORNIA
EASTOR Y. SU, OF NEVADA
MICHAEL B. SULLIVAN, OF VIRGINIA
HEATHER NOEL TIMBERLAKE, OF CALIFORNIA
CAROL TIRADO, OF WEST VIRGINIA
JOSEPH ROBINSON TRUESDALE IV, OF NEW HAMPSHIRE
PETER C. TWINING, OF VIRGINIA
JASON HOWARD ULLNER, OF OHIO
AMY C. WALLA, OF COLORADO
ROGER CROIX WEBB, OF MISSOURI
CRISTINA B. WILLIAMSON, OF VIRGINIA
JON C. WILLIAMSON, OF VIRGINIA
PHILIP DOUGLAS WILSON, OF TEXAS
CHAD LEE WILTON, OF ALASKA
MATTHEW L. WOOD, OF THE DISTRICT OF COLUMBIA
WILLIAM J. WOTOWIEC, OF FLORIDA
GREGORY C YEMM, OF KANSAS


                           IN THE COAST GUARD

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES COAST GUARD RESERVE UNDER 
     TITLE 10 U.S.C., SECTION 12203(A):

                             To be captain

JAMES R. MONTGOMERY, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES COAST GUARD UNDER TITLE 14, 
     U.S.C., SECTION 276:

                            To be commander

RICHARD E. PETHERBRIDGE, 0000
       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES COAST GUARD UNDER TITLE 14, 
     U.S.C., SECTION 271:

                            To be commander

BENES Z. ALDANA, 0000
ROBERT J. BACKHAUS, 0000
ROBERT E BAILEY, 0000
CHRISTOPHER A. BARTZ, 0000
EMILE R. BENARD, 0000
DAVID C. BILLBURG, 0000
ELIZABETH D. BLOW, 0000

[[Page 28265]]

FRANCIS T. BOROSS, 0000
JAMES M. BOYER, 0000
MICHAEL C. BRADY, 0000
CRAIG S. BREITUNG, 0000
JEFFREY M. BROCKUS, 0000
JACOB E. BROWN, 0000
SCOTT A. BUDKA, 0000
MATTHEW C. CALLAN, 0000
NICHOLAS D. CARON, 0000
JEFFREY T. CARTER, 0000
DAVID K. CHAREONSUPHIPHAT, 0000
JOSEPH A. CHOP, 0000
RICHARD S. CRAIG, 0000
DAVID H. CRONK, 0000
MARK T. CUNNINGHAM, 0000
ANTHONY C. CURRY, 0000
KENNETH D. DAHLIN, 0000
JOHN M. DANAHER, 0000
CHRISTOPHER L. DAY, 0000
RONALD R. DEWITT, JR., 0000
JEFFREY F. DIXON, 0000
BRIAN J. DOWNEY, 0000
DAVID A. DRAKE, 0000
DARREN A. DRURY, 0000
KEVIN P. DUNN, 0000
ANDREW G. DUTTON, 0000
JAMES L. DUVAL, 0000
DAVID W. EDWARDS, 0000
ERIC S. ENSIGN, 0000
BRAD J. ERVIN, 0000
DAVID M. FLAHERTY, 0000
ERIC J. FORD, 0000
THEODORE B. GANGSEI, 0000
TIMOTHY J. GILBRIDE, 0000
BRIAN S. GILDA, 0000
JOSEPH J. GLEASON, 0000
THOMAS J. GLYNN, 0000
MARK E. HAMMOND, 0000
DAVID C. HARTT, 0000
CHARLES A. HATFIELD, 0000
DIANE J. HAUSER, 0000
JOHN R. HELTON, 0000
STEVEN B. HENDERSHOT, 0000
JEROME H. HILTON, 0000
GREGORY A. HOWARD, 0000
JOSE L. JIMENEZ, 0000
DANIEL C. JOHNSON, 0000
JEFFREY W. JOHNSON, 0000
JAMES J. JONES, 0000
JEFFREY D. KOTSON, 0000
MARK A. LEDBETTER, 0000
GEORGE A. LESHER, 0000
STEPHEN A. LESLIE, 0000
BRIAN R. LINCOLN, 0000
BRIAN M. LISKO, 0000
KEVIN W. LOPEZ, 0000
ERIN D. MACDONALD, 0000
THOMAS I. MACDONALD, 0000
MARTIN L. MALLOY, 0000
KYLE J. MARUSICH, 0000
MARK J. MCCADDEN, 0000
THOMAS MCCORMICK, 0000
ANDREW S. MCGURER, 0000
REGINA A. MCNAMARA, 0000
PAUL MEHLER, 0000
CHRISTOPHER P. MOORADIAN, 0000
WILLIAM J. MOORE, 0000
DAVID C. MORTON, 0000
CHRISTOPHER C. MOSS, 0000
DAVID MOYNIHAN, 0000
DOUGLAS E. NASH, 0000
THOMAS A. NORTON, 0000
BRENDAN E. O'BRIEN, 0000
MICHAEL A. O'BRIEN, 0000
TODD J. OFFUTT, 0000
MARK A. PANICEK, 0000
ROBERT G. PEARCE, 0000
STEVEN T. PEARSON, 0000
FRANK E. PEDRAS, 0000
BRIAN K. PENOYER, 0000
PHIL M. PERRY, 0000
JAMES B. PRUETT, 0000
DAVID E. PUGH, 0000
ROBERT E. PURINGTON, 0000
RICHARD J. RAKSNIS, 0000
JOEL L. REBHOLZ, 0000
RICHARD J. REINEMANN, 0000
FREDERICK C. RIEDLIN, 0000
JAMES B. ROBERTSON, 0000
DANIEL C. ROCCO, 0000
LANCE A. ROCKS, 0000
DANIEL J. SCHIFSKY, 0000
KIRK N. SCHILLING, 0000
DAVID B. SCOTT, 0000
PATTI S. SEEMAN, 0000
JOSEPH H. SNOWDEN, 0000
REED A. STEPHENSON, 0000
THOMAS S. SWANBERG, 0000
ANDREW E. TUCCI, 0000
TRACY J. WANNAMAKER, 0000
MARK D. WARD, 0000
JENNIFER F. WILLIAMS, 0000
DELWIN R. WITTERS, 0000
ANDREW P. WOOD, 0000
CHRISTOPHER J. WOODLEY, 0000
MICHAEL L. WOOLARD, 0000

       The following Named officers for appointment to the grade 
     indicated in the United States Coast Guard under title 14, 
     U.S.C. section 271:

                       To be lieutenant commander

STEPHEN ADLER, 0000
KRISTINA M. AHMANN, 0000
MICHAEL W. ALBERT, 0000
RYAN D. ALLAIN, 0000
BRIAN R. ANDERSON, 0000
JEFF M. APARICIO, 0000
DAVID L. ARRITT, 0000
REGINALD I. BAIRD, 0000
JONATHAN D. BAKER, 0000
ALAIN V. BALMACEDA, 0000
CLIFFORD R. BAMBACH, 0000
TIMOTHY J. BARELLI, 0000
MICHELLE C. BAS, 0000
LAMONT S. BAZEMORE, 0000
CAROLYN M. BEATTY, 0000
JASON L. BEATTY, 0000
ANNE M. BECKER, 0000
ERIC M. BELLEQUE, 0000
KAILIE J. BENSON, 0000
SCOTT D. BENSON, 0000
JOHN BERRY, 0000
ROBERT H. BICKERSTAFF, 0000
JEFFREY B. BIPPERT, 0000
CHAD E. BLAND, 0000
CHRISTOPHER L. BOES, 0000
ELIZABETH A. BOOKER, 0000
CURTIS E. BORLAND, 0000
MARK A. BOTTIGLIERI, 0000
JOSEPH R. BOWES, 0000
RUSSELL E. BOWMAN, 0000
THOMAS L. BOYLES, 0000
SEAN T. BRADY, 0000
RACHAEL B. BRALLIAR, 0000
LANCE J. BRANT, 0000
PAUL BROOKS, 0000
ANDY S. BROWN, 0000
HEATH M. BROWN, 0000
THOMAS R. BROWN, 0000
TIMOTHY T. BROWN, 0000
WILLIAM A. BUDOVEC, 0000
MARC A. BURD, 0000
RICHARD J. BURKE, 0000
TRAVIS L. BURNS, 0000
VICTOR G. BUSKIRK, 0000
COLIN E. CAMPBELL, 0000
DONALD B. CAMPBELL, 0000
CLINTON S. CARLSON, 0000
TRAVIS L. CARTER, 0000
DANA M. CASWELL, 0000
JOHN T. CATANZARO, 0000
ANTHONY CELLA, 0000
ADAM A. CHAMIE, 0000
CASEY L. CHMIELEWSKI, 0000
BRADLEY CLARE, 0000
ROBERT S. CLARKE, 0000
KATHRYN N. CLEVENGER, 0000
ERIC M. COOPER, 0000
PHILLIP A. CRIGLER, 0000
TIMOTHY P. CRONIN, 0000
PAUL J. CROOKSHANK, 0000
MICHAEL J. DAPONTE, 0000
QUINCY L. DAVIS, 0000
JOHN P. DEBOK, 0000
SETH J. DENNING, 0000
MARTIN J. DIETSCH, 0000
BRIAN J. DONAHUE, 0000
PATRICK DOUGAN, 0000
MARK M. DRIVER, 0000
WILLIAM A. DRONEN, 0000
WILLIAM E. DUNCAN, 0000
BRYAN L. DUNLAP, 0000
MICHAEL P. DUREN, 0000
MICHAEL A. EDWARDS, 0000
HERBERT H. EGGERT, 0000
TOM ENGBRING, 0000
MICHAEL J. ENNIS, 0000
NELL B. ERO, 0000
PHILIP A. ERO, 0000
SALVATORE J. FAZIO, 0000
MICHAEL S. FREDIE, 0000
GINA L. FREEMAN, 0000
JEFFREY R. FRYE, 0000
TYRON V. GADSDEN, 0000
ERNIE T. GAMENG, 0000
KENDALL L. GARRAN, 0000
RILEY O. GATEWOOD, 0000
MICHAEL R. GESELE, 0000
WILLIAM R. GIBBONS, 0000
PETER W. GOODING, 0000
MICHAEL P. GROSS, 0000
ANTHONY D. GUILD, 0000
MICHAEL P. GULDIN, 0000
MARK A. HAAG, 0000
CHRISTOPHER E. HALEY, 0000
KELLEY S. HALL, 0000
JOHN E. HALLMAN, 0000
TIMOTHY D. HAMMOND, 0000
MARK K. HARRIS, 0000
ROBERT HENGST, 0000
MARK D. HEUPEL, 0000
SCOTT T. HIGMAN, 0000
NAKEISHA B. HILLS, 0000
FRANK L. HINSON, 0000
ERIC E. HOERNEMANN, 0000
LINDA M. HOERSTER, 0000
WALTER L. HORNE, 0000
ROBERT A. HUELLER, 0000
JOHN P. HUMPAGE, 0000
JACK W. JACKSON, 0000
MARK A. JACKSON, 0000
THOMAS A. JACOBSON, 0000
BENJAMIN A. JANCZYK, 0000
ANTHONY R. JONES, 0000
GRETCHEN A. JONES, 0000
KIM D. KEEL, 0000
STEVEN R. KEEL, 0000
ADAM L. KERR, 0000
TIMOTHY J. KERZE, 0000
FAIR C. KIM, 0000
CHRIS KLUCKHUHN, 0000
JAMES B. KNAPP, 0000
JASON A. KREMER, 0000
KARL D. LANDER, 0000
JAMES W. LARSON, 0000
PATRICK J. LEE, 0000
CAROLYN L. LEONARDCHO, 0000
ANDREA K. LOGMAN, 0000
VIVIANNE W. LOUIE, 0000
STEPHEN A. LOVE, 0000
EILEEN M. LUTKENHOUSE, 0000
ZACHARY J. MALINOSKI, 0000
CEFERINO W. MANANDIC, 0000
ROBERT J. MANNING, 0000
CHARLES MARINO, 0000
STEPHEN MATADOBRA, 0000
GREGORY A. MATYAS, 0000
BRIAN K. MCCAUL, 0000
GABRIELLE G. MCGRATH, 0000
SUZANNE M. MCNALLY, 0000
BRIAN A. MEIER, 0000
DARREN F. MELANSON, 0000
PETER N. MELNICK, 0000
ERICA L. MOHR, 0000
BRIAN E. MOORE, 0000
ROBERT T. MOORHOUSE, 0000
FERDINAND MORALES, 0000
JOE L. MORGAN, 0000
MICHAEL S. MOYERS, 0000
MARTIN J. MUELLER, 0000
SCOTT W. MULLER, 0000
MICHAEL J. MUNNERLYN, 0000
PAUL D. MURPHY, 0000
JONATHAN E. MUSMAN, 0000
ADAM E. NEBRICH, 0000
KATHERINE M. NILES, 0000
PETER S. NILES, 0000
BLAKE L. NOVAK, 0000
WILLIAM M. NUNES, 0000
CRAIG M. OBRIEN, 0000
DAVID E. OCONNELL, 0000
THOMAS A. OLENCHOCK, 0000
MATTHEW ORENDORFF, 0000
BRIAN PALM, 0000
MICHAEL J. PARADISE, 0000
ANDREW T. PECORA, 0000
JOSE A. PENA, 0000
DIANE D. PERRY, 0000
SCOTT T. PETEREIN, 0000
JEFFREY C. PETERSON, 0000
RICHARD C. POKROPSKI, 0000
KAREN QUIACHON, 0000
KEITH D. RAUCH, 0000
JOHN C. REARDON, 0000
KEVIN B. REED, 0000
DAVID J. ROBERTS, 0000
KEITH M. ROPELLA, 0000
MICHAEL R. ROSCHEL, 0000
JAMES B. RUSH, 0000
ANTHONY L. RUSSELL, 0000
ROSARIO M. RUSSO, 0000
GEORGE A. RUWISCH, 0000
OLAV M. SABOE, 0000
ANDREA L. SACCHETTI, 0000
EMILY C. SADDLER, 0000
MATTHEW J. SALAS, 0000
DAVID P. SANDAHL, 0000
AARON M. SANDERS, 0000
BRIAN S.C. SANTOS, 0000
DEREK T. SCHADE, 0000
DANIEL SCHAEFFER, 0000
MICHAEL SCHOONOVER, 0000
MARK J. SHEPARD, 0000
SAMUEL L. SLAY, 0000
JASON E. SMITH, 0000
JEREMY C. SMITH, 0000
LAWRENCE W. SOHL, 0000
LANE A. SOLAK, 0000
DAN T. SOMMA, 0000
EDWARD L. SONGER, 0000
LAURINA M. SPOLIDORO, 0000
JALYN G. STINEMAN, 0000
SCOTT A. STOERMER, 0000
ERIC R. STPIERRE, 0000
RODERICK A. STROUD, 0000
JONATHAN THEEL, 0000
MICHAEL D. THOMAS, 0000
ROBERTO H. TORRES, 0000
TERRY R. TRELFORD, 0000
ALEXIS L. TUNE, 0000
HEATHER K. TURNER, 0000
MICHAEL L. TURNER, 0000
PAUL W. TURNER, 0000
TODD D. VANCE, 0000
KENNETH VAZQUEZ, 0000
PAUL G. VOGEL, 0000
ERIC WARD, 0000
LINDSAY N. WEAVER, 0000
DAVID C. WELCH, 0000
ANTHONY W. WILLIAMS, 0000
DOUGLAS E. WILLIAMS, 0000
TORRENCE B. WILSON, 0000
CHARLES WOJACZYK, 0000
PATRICIA L. WOOLCOTT, 0000
SCOTT A. WOOLSEY, 0000
JONAS C. YANG, 0000

[[Page 28266]]

MAURICE S. YORK, 0000
PETER E. ZOHIMSKY, 0000


                            In the Air Force

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADES 
     INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR 
     APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624 AND 531:

                        To be lieutenant colonel

MARTIN E. KEILLOR, 0000

       THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO 
     THE GRADES INDICATED IN THE UNITED STATES AIR FORCE UNDER 
     TITLE 10, U.S.C., SECTION 531:

                        To be lieutenant colonel

ROBERT W. DESVERREAUZ, 0000
KIRK B. STETSON, 0000

                              To be major

CHETAN U. KHAROD, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR 
     APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624 AND 531:

                              To be major

JULIE S. MILLER, 0000

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR 
     APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624 AND 531:

                              To be major

KARA A. GORMONT, 0000


                              In the army

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS A PERMANENT 
     PROFESSOR OF THE UNITED STATES MILITARY ACADEMY IN THE GRADE 
     INDICATED UNDER TITLE 10, U.S.C., SECTION 4333(B):

                             To be colonel

CINDY R. JEBB, 0000

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

RICHARD L. CHAVEZ, 0000

       THE FOLLOWING NAMED INDIVIDUALS TO THE GRADE INDICATED IN 
     THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 
     12203:

                             To be colonel

SAMUEL CASSCELLS, 0000
SLOBODAN JAZAREVIC, 0000

       THE FOLLOWING NAMED OFFICERS IN THE GRADES INDICATED IN THE 
     REGULAR ARMY JUDGE ADVOCATE GENERAL CORPS UNDER TITLE 10, 
     U.S.C., SECTIONS 531 AND 3064:

                        To be lieutenant colonel

JOSEPH J. IMPALLARIA, 0000

                              To be major

ITALIA A. CARSON, 0000
ANTHONY T. FEBBO, 0000
STEPHEN L. HARMS, 0000
ARTHUR E. LEES, 0000


                          In the marine corps

       THE FOLLOWING NAMED OFFICER FOR TEMPORARY APPOINTMENT TO 
     THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER 
     TITLE 10, U.S.C., SECTION 6222:

                             To be captain

MICHELLE A. RAKERS, 0000


                              In the navy

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES NAVAL RESERVE UNDER TITLE 10, 
     U.S.C., SECTION 12203:

                             To be captain

LLOYD G. LECAIN, 0000




[[Page 28267]]

         HOUSE OF REPRESENTATIVES--Wednesday, December 14, 2005

  The House met at 10 a.m. and was called to order by the Speaker pro 
tempore (Mr. Foley).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:


                                               Washington, DC,

                                                December 14, 2005.
       I hereby appoint the Honorable Mark Foley to act as Speaker 
     pro tempore on this day.
                                                J. Dennis Hastert,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  ``O radiant Dayspring, Splendor of eternal light, come and shine on 
those who dwell in darkness and the shadow of death.''
  In today's world, we try to evade winter's darkness by touching a 
switch. Nevertheless, Lord, the modern world knows a darkness of mind 
and spirit that can match anything Stone or Bronze Age ancestors felt.
  Technology's brilliance alone cannot lift the veil of darkness. Far 
too many of Your people, Lord, walk in the shadow of death or press on 
in a life without direction or meaning.
  Come, Lord, and shed Your light upon this Nation and its leaders. 
Diffused within Your people, who are prepared to live transparent 
lives, You can remove the darkness of fear and anxiety with rays of 
hope, now and forever. Amen.

                          ____________________




                              THE JOURNAL

  The SPEAKER pro tempore. The Chair has examined the Journal of the 
last day's proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The SPEAKER pro tempore. Will the gentleman from Minnesota (Mr. 
Kennedy) come forward and lead the House in the Pledge of Allegiance.
  Mr. KENNEDY of Minnesota led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




                            THE FREEDOM PATH

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Mr. Speaker, in less than 24 hours, the Iraqi people will 
elect a permanent parliament that will govern their free nation for the 
next 4 years. They will stand tall against tyranny and watch democracy 
unfold before their eyes. Mr. Speaker, I went to Iraq for the first 
historical elections in January and saw firsthand the birth of 
democracy in this land far, far away.
  We will not cut and run on freedom and on Iraq. Otherwise, the 
terrorists will have won the day, and the Iraqi hope for freedom will 
disappear into the dismal abyss of lost causes. Freedom has a price. 
Our troops are paying that sacrificial price for the Iraqi people and 
world freedom. We will continue to support these sons and daughters of 
liberty. On the eve of the elections, we pay tribute to our freedom 
fighters.
  President Kennedy once said, ``The cost of freedom is always high, 
but Americans have always paid it, and one path we shall never choose 
and that is the path of surrender or submission.''
  Mr. Speaker, we have chosen the right path, the hard path, the 
freedom path. We will persevere with the freedom-loving people of Iraq 
until the journey down this path is successfully completed. That's just 
the way it is.

                          ____________________




                           GENOCIDE IN DARFUR

  (Mr. BLUMENAUER asked and was given permission to address the House 
for 1 minute.)
  Mr. BLUMENAUER. Mr. Speaker, as we approach the last week of our work 
this session, there are 2 million people trapped in the unfolding 
nightmare in Darfur; 500 people a day being killed as we prepare for 
the holiday season. Since we are going to be delaying the work of the 
House until the end of January, this week is also the last chance for 
us to act to at least keep the African Union peacekeepers on the job; 
7,300 people for an area the size of Texas seems like a fragile reed 
with which to stop the ongoing genocide in Darfur.
  The Defense Appropriations train leaving the station could contain 
$50 million, which would be the smallest of steps to halt what all of 
us here say we condemn. We all ought to ask ourselves what we are going 
to do about it this week.

                          ____________________




               CIADA--CELEBRATING 50 YEARS OF EXCELLENCE

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, I am honored today to 
salute an organization that has ably served the citizens of North and 
South Carolina for 50 years. With approximately 2,500 members, the 
Carolinas Independent Automobile Dealers Association is the largest 
chapter within the National Independent Dealers Association in the 
country. Led by executive director Jim Edwards, CIADA encourages its 
members to abide by a published code of ethics and to actively serve 
the best interests of their clients. Their commitment to Carolina 
families has earned this association a reputation of excellence.
  The members of this association have also been recognized as national 
leaders of the automobile industry. Throughout its history, four 
members of the Carolina Association have served as distinguished 
presidents of the National Association, including Karen Barbee of 
Concord, the current president and first woman to lead this national 
organization.
  In conclusion, God bless our troops, and we will never forget 
September the 11th.

                          ____________________




                  MEDICARE PRESCRIPTION DRUG BENEFITS

  (Mr. EMANUEL asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. EMANUEL. Mr. Speaker, here is a recap of the Medicare 
Prescription Drug Benefit headlines and highlights: $400 billion cost 
increases to $800 billion, and not one drug was dispensed.
  The program failed to lower the cost of prescription drugs. In fact, 
drug prices continue to outprice inflation.
  The Web site explaining the program did not work and had the wrong 
information.
  When the government sent out the wrong information on the program, 
they sent seniors the wrong information.
  Just this morning, the New York Times reported on delays in 
processing applications for the new drug benefit. Because of these 
delays, seniors may not be getting the identification cards they need 
in time for the January 1st start date, meaning they might not be able 
to get their prescription drugs.

[[Page 28268]]

  It is no wonder that President Bush called the benefit program 
perplexing. But what do you expect? This is the same crowd that mangled 
the response to Hurricane Katrina and bungled the early stages of the 
war in Iraq by sending too few troops without proper equipment. It 
seems the Republican Congress, with this President unchecked, could 
mess up a one-car parade. Mr. Speaker, it is time for a change and a 
new set of priorities.

                          ____________________




                             IRAQI FREEDOM

  (Mrs. DRAKE asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Mrs. DRAKE. Mr. Speaker, today we are on the eve of Iraq's first 
election for a 4-year government based on their newly adopted 
constitution. We stand with the Iraqi people as they choose freedom and 
democracy over terrorism and oppression. In less than 3 years, they 
have gone from a brutal dictatorship to electing 275 representatives 
based on province and population, who will then select a prime 
minister, a presidency cabinet, and a cabinet of ministers.
  We congratulate the people of Iraq. We stand beside them, and we 
thank them for their courage, their bravery and their vision. However, 
we must acknowledge, as they do, that the path will not be easy, but 
they are truly a miracle in the journey they have undertaken. We are 
proud of their progress and hopeful for the future for Iraq, the Middle 
East and the defeat of terrorism around the world.

                          ____________________




                      IRAQ HAD NOTHING TO DO WITH
                                  9/11

  (Mr. KUCINICH asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. KUCINICH. Mr. Speaker, 3,124 innocent civilians died in the 9/11 
attacks at the World Trade Center, on the airliners and at the 
Pentagon; 2,151 U.S. soldiers have been killed in action; 15,881 U.S. 
soldiers have been wounded; 30,000 Iraqi civilian non-combatants, 
according to the White House, have been killed in Iraq; 500,000 tons of 
bombs have been dropped on Iraq by just one U.S. air wing. That is 
equivalent to 1 billion pounds of explosives, 2 million 500-pound 
bombs, nearly 400 pounds of explosives for every Iraqi man, woman, and 
child. Zero is the number of weapons of mass destruction found in Iraq. 
Iraq had nothing to do with 9/11.

                          ____________________




                           VICTORIES IN IRAQ

  (Mrs. BLACKBURN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. BLACKBURN. Mr. Speaker, today we are here on the eve of the 
elections in Iraq, and it is a significant victory within itself. We 
congratulate our Iraqi friends on that victory.
  Also, in Nashville, there is going to be plenty of purple to be seen 
because that is a voting site for Iraqis in America to gather and cast 
their vote. We have to congratulate the Kurdish population there on 
that victory.
  I just returned from Memphis holding town halls speaking to a Rotary 
club. Our citizens understand this. This is a significant step. They 
are talking to our men and women from the 278th who have returned, 
families of the 101st who are currently deployed. They know progress is 
being made. The Army has just surpassed its projections; 5,800 new 
recruits have signed up because they are committed. They understand the 
vision. And to celebrate all of this achievement, Moveon.org is taking 
petitions to our district offices, calling for immediate withdrawal. 
They just do not understand the significance of today. We celebrate the 
success of the victories in Iraq.

                          ____________________




   HONORING THE 113TH ENGINEER BATTALION, INDIANA ARMY NATIONAL GUARD

  (Mr. VISCLOSKY asked and was given permission to address the House 
for 1 minute and to revise and extend his remarks.)
  Mr. VISCLOSKY. Mr. Speaker, it is with great pride that I rise today 
to pay tribute to the 113th Engineer Battalion of the Indiana National 
Guard and welcome them home after 1 year of serving our country 
heroically in Iraq.
  Upon arrival, the 113th was nicknamed the ``Ironman Battalion'' 
because of their links to Northwest Indiana's steel industry. 
Throughout the past year, these ironmen and -women have shown a 
dedication and commitment to their country that is truly as strong as 
steel.
  Today, Mr. Speaker, I am pleased to announce that soldiers of the 
113th are coming home, coming home to be with their family and friends, 
coming home to be with their wives, husbands, sons, daughters, mothers 
and fathers.
  The service of these men and women has not been without sacrifice. 
Over 40 Purple Hearts have been awarded to the 113th Battalion, each 
serving as a reminder of the danger our soldiers face every day.
  Mr. Speaker, I welcome these soldiers home. I thank them for their 
service and sacrifice to our Nation, and I pledge that our support for 
them will remain equal to the sacrifice they have shown to our country.

                          ____________________




                           SECURE OUR BORDERS

  (Mr. TANCREDO asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. TANCREDO. Mr. Speaker, today we will be taking up the PATRIOT 
Act, the extension thereof, and it is important that we do so. It is 
important for the security of the country.
  It is ironic in a way that, as we address this issue and as we debate 
whether or not we need this kind of internal security mechanism in 
order to make Americans feel better about themselves and in fact 
provide that security, there is some irony if the fact that the 
perimeters, our borders, are as porous as they are and as undefended as 
they are.
  Tomorrow we will take up a bill that will hopefully begin to close 
those gaps also and begin to defend that perimeter, for without it 
having a PATRIOT Act is like putting a very expensive apparatus in your 
home to determine whether or not you have an invader inside the house 
while you are leaving your front and back doors wide open. That is the 
problem we have. Hopefully, it will be solved tomorrow with the bill we 
have before us, the Sensenbrenner bill, to begin the process of 
securing our border and securing our future.

                          ____________________




                         FEMA'S BROKEN PROMISES

  (Mr. AL GREEN of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. AL GREEN of Texas. Mr. Speaker, it has been more than 100 days 
since Hurricane Katrina devastated the gulf coast region, destroying 
more than 300,000 homes, taking more than 1,300 lives. FEMA promised 
help, yet, more than 100 days later, thousands of survivors are still 
living in tents and shelters. More than 100 days later, promised 
trailers have not arrived. More than 100 days later, a Federal judge 
has had to force FEMA to extend its deadline.
  FEMA is now opting out of 12-month leases. What FEMA won't do, 
Congress can do. It is time for this Republican Congress to work with 
Democrats and enact legislation granting 1 year of housing assistance. 
It is imperative that this be done before we adjourn. Human suffering 
continues. I am willing to work with those to end this suffering.

                          ____________________




                              {time}  1015
                            ALITO NOMINATION

  (Mr. PITTS asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. PITTS. Mr. Speaker, as the confirmation process of Supreme Court 
nominee Samuel Alito moves from the back burner to center stage in the 
coming days, we should not allow it to become politicized by the left.

[[Page 28269]]

  President Bush has nominated a capable and qualified individual to 
sit on our highest Court. Judge Alito has more judicial experience than 
any Supreme Court nominee in the last 70 years. He has a reputation as 
an even-tempered, impartial, fair-minded judge who believes in judicial 
restraint. The Senate unanimously confirmed Judge Alito to the U.S. 
Court of Appeals for the 3rd Circuit in 1990.
  Mr. Speaker, as this debate heats up, people should not be fooled by 
the mischaracterizations and personal attacks that are sure to come 
from the liberal left wing. Judge Alito is qualified. He deserves an 
up-or-down vote in the Senate.

                          ____________________




             REPUBLICAN PRESCRIPTION DRUG PLAN IS CONFUSING

  (Mr. HOLT asked and was given permission to address the House for 1 
minute.)
  Mr. HOLT. Mr. Speaker, after this week we will be adjourning, we are 
told, for about 6 weeks or more in order to accommodate the court 
schedule in Texas. There are, therefore, some things that we should get 
done this week.
  Many of us opposed the Republican Medicare prescription drug bill 
because we thought it was a mess. At least we want it to succeed as 
best it can for the seniors, but it is so confusing that not even the 
Bush administration is able to get out the proper information to the 
very seniors who must make a decision about which plan to choose.
  Seniors want help with their ever-increasing prescription drug costs, 
but they have voiced frustration and confusion over the law that the 
Republicans passed.
  The administration has distributed inaccurate and incomplete 
information, and Republicans want to penalize any senior who does not 
sign up for a prescription drug plan by May 15.
  Congress should not leave town without giving the seniors at least an 
additional 6 months to help make a decision that they can live with, 
that can give them at least some help with their prescription drug 
costs.

                          ____________________




        IMPORTANCE OF SUPPORTING METH PROVISIONS IN PATRIOT ACT

  (Mr. KENNEDY of Minnesota asked and was given permission to address 
the House for 1 minute.)
  Mr. KENNEDY of Minnesota. Mr. Speaker, meth threatens lives, safety, 
and health at great cost to all of us. That is why the meth provisions 
included in the PATRIOT Act reauthorization are so important.
  I am pleased this legislation contains several significant provisions 
I authored, including enhanced criminal penalties originally a part of 
the anti-meth SLAM Act I introduced with Representative Darlene Hooley. 
This bill also contains a drug certification provision I authored to 
stop the flow of meth from Mexico.
  I thank Chairmen Sensenbrenner and Souder for their extraordinary 
leadership in moving this bill to the floor. I urge its swift passage. 
Doing so will send a strong signal that Congress is serious about 
fighting the scourge of meth.
  We must send a signal to the pushers of this poison that they are not 
welcome in our communities. We must send a signal to the law 
enforcement officers who wake up every morning to protect our families 
that we stand with them in the fight against drugs and will work to 
give them every tool they need to be successful.
  I urge all of my colleagues to support this important bill.

                          ____________________




            OPEC AND ENERGY DEPARTMENT DELIVER MORE BAD NEWS

  (Mrs. MALONEY asked and was given permission to address the House for 
1 minute.)
  Mrs. MALONEY. Mr. Speaker, OPEC and the U.S. Energy Department 
delivered another blow to financially strained American consumers 
Monday when they announced that high energy prices are here to stay.
  During a meeting in Kuwait, OPEC members said they may cut production 
of oil, increasing prices here in the U.S. At the same time, U.S. 
Federal energy forecasters projected the current high gas prices will 
last until at least 2014. This news comes at a devastating time for 
millions of families currently struggling to pay mounting home heating 
costs.
  The onset of bitterly cold winter weather in New York City and across 
this Nation means that many people will have to make difficult 
sacrifices to afford these added expenses; and yet, Republican leaders 
in this body recently passed legislation that provides billions of 
dollars in financial assistance to energy companies, while cutting 
vital funds from LIHEAP, the low-income home heating assistance 
program.
  Mr. Speaker, this is unconscionable. We should be increasing the 
LIHEAP funding and assistance and spreading this to the needed families 
over this holiday season.

                          ____________________




                 EXPRESSING SUPPORT FOR IRAQI ELECTION

  (Mr. BASS asked and was given permission to address the House for 1 
minute.)
  Mr. BASS. Mr. Speaker, today I commend and congratulate the Iraqi 
people on the occasion of the election which is going to be held there 
tomorrow. This election represents not only the successful liberation 
of the Iraqi people from decades of tyranny and oppression but it also 
is a great leap forward in solidifying democratic institutions in Iraq.
  Perhaps more than our Constitution, our flag or our national anthem, 
it is our elections that best display the enduring success of our 
American democracy. From the formation of political parties and 
ideologies to spirited debates on critical issues, it is the symbolic 
act of casting ballots that continues to make our democracy a beacon of 
freedom and prosperity to the global community.
  The Iraqi people will now have the opportunity to comprehend what 
Americans have learned over two centuries, that nations are more stable 
and more peace loving when a multitude of voices share in its 
operation.
  I am confident that democracy will continue to flourish as Iraqis 
make their opinions heard, rally in support of their visions, and 
experience for the first time the many liberties that Americans hold 
dear.

                          ____________________




                      PATRIOT ACT REAUTHORIZATION

  (Mr. MEEHAN asked and was given permission to address the House for 1 
minute.)
  Mr. MEEHAN. Mr. Speaker, 4 years ago, in the wake of September 11, 
Congress passed the PATRIOT Act to provide law enforcement new tools to 
protect America from terrorism. The bill was a rushed response and 
passed in an urgent hour.
  Fortunately, the bill included sunset provisions, allowing Congress 
to revisit the law, reflect on its implementation, and fix those parts 
of the law that have clearly become overreaching. Four years later, 
Congress has failed to seize the opportunity to do so.
  I urge my colleagues to oppose the leadership's attempt to 
irresponsibly rush another flawed bill into law.
  Let us not repeat the mistakes of the past. Let us instead strike the 
right balance between our national security and our constitutional 
rights.
  At a time when so much of the world questions our commitment to our 
own values, I urge my colleagues to show the American people and the 
world that we will defend our country, but that we will do so in a way 
that protects those rights that make it worth defending.

                          ____________________




                    OUR ECONOMIC EXPANSION CONTINUES

  (Mr. STEARNS asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. STEARNS. Mr. Speaker, recent reports and statistics are showing 
that the American economy has rebounded from the devastation of 
Hurricane

[[Page 28270]]

Katrina and is back on its historic track of growth and productivity.
  In November, 215,000 new jobs were created for a total of 4.4 million 
new jobs over the last 2\1/2\ years. Our economy grew at a solid 4.3 
percent in the third quarter, and unemployment is at a low 5 percent 
rate. In addition, the productivity of American workers is at an 
impressive annual rate of 4.7 percent, the fastest pace in 2 years.
  Mr. Speaker, this astounding economic growth has all taken effect 
ever since we passed, and the President signed, the jobs and growth 
bill into law in May of 2003.
  However, we in Congress still have work to do. We must make these tax 
cuts permanent, cut wasteful spending, and create an environment so 
that key sectors of our economy, such as the telecommunications 
industry, can reach their full potential.
  If we continue on this path, the ultimate winner will be the American 
people.

                          ____________________




                    THE PATRIOT ACT REAUTHORIZATION

  (Mr. LARSEN of Washington asked and was given permission to address 
the House for 1 minute.)
  Mr. LARSEN of Washington. Mr. Speaker, I am here today to highlight 
the contents of H.R. 3889, the Combat Meth Epidemic Act, which has been 
included in the PATRIOT Act conference report. As a co-chair of the 
Meth Caucus, I worked with our caucus members to craft a comprehensive 
meth bill that would attack our Nation's meth problem on multiple 
fronts. While I would have preferred a straight up-or-down vote on a 
stand-alone meth bill, these meth provisions do benefit our 
communities.
  Meth has been attacking this country, starting on the west coast and 
moving steadily eastward. It devastates communities, affecting not just 
meth users, but families, neighborhoods, public health, the 
environment, and crime rates.
  This conference report takes necessary steps to limit access to a key 
meth precursor, pseudoephedrine. Significantly, it will allow for an 
additional prison sentence for individuals convicted of cooking or 
selling meth where children reside. Children are too often the silent 
victims of this drug. So this will help protect them by authorizing 
grants to assist children who have been found in meth labs.
  For the first time, Congress is passing comprehensive anti-meth 
legislation that gives our local law enforcement and communities the 
tools, resources, and standards to protect themselves against the 
scourge of meth.

                          ____________________




 THE BORDER PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL 
                                  ACT

  (Mr. BEAUPREZ asked and was given permission to address the House for 
1 minute.)
  Mr. BEAUPREZ. Mr. Speaker, I rise this morning in support of H.R. 
4437, the Border Protection, Antiterrorism, and Illegal Immigration 
Control Act, because I believe it is past time we took serious steps to 
secure our borders and the safety of this country.
  Rest assured, this legislation is not perfect nor is it a silver 
bullet, but it is a good start in terms of shutting off the magnet that 
is drawing people into our country to work illegally. Specifically, 
this bill contains provisions to establish the mandatory use of an 
employee eligibility verification program, designed to help employers 
hire only those who are in this country legally.
  I submit that I am just as pro-business as anyone else in this 
Chamber. As such, I believe the Federal Government has a duty to 
provide the business community with the tools necessary to abide by the 
rules and then we need to enforce them.
  I believe the Border Protection Act takes us a big step in that 
direction.

                          ____________________




                        FIX THE MEDICARE BENEFIT

  (Mr. BISHOP of New York asked and was given permission to address the 
House for 1 minute.)
  Mr. BISHOP of New York. Mr. Speaker, hundreds of seniors in my 
district showed up to five town hall meetings I hosted over the past 
month to explain the Medicare drug benefit.
  For as much interest as my constituents demonstrated, they are just 
as confused and frustrated by the daunting task, as President Bush put 
it yesterday, of understanding and then choosing a drug plan from the 
dozens of plans with different premiums, deductibles, copayments, and 
lists of covered drugs.
  Through no fault of their own, seniors are already encountering 
delays in their applications. Consequently, many will not receive their 
drug cards until after the sign-up deadline.
  But we should not be surprised by a benefit whose flawed design was 
the result of ideology prevailing over practicality.
  It is up to us here and now to make sure seniors understand their 
benefit and receive, without further delay, the affordable, life-saving 
drugs they deserve.
  The first step should be extending the deadline by at least 6 months. 
I urge my colleagues to support this simple measure.
  Seniors should not be rushed or penalized as they make this very 
important decision.

                          ____________________




                          IRAQ SOLIDARITY DAY

  (Mr. PRICE of Georgia asked and was given permission to address the 
House for 1 minute.)
  Mr. PRICE of Georgia. Mr. Speaker, Iraqis tomorrow will vote and 
America will stand firmly behind them for this historic milestone. 
While we look into the future, it is instructive to look back just a 
few short years. Iraqis lived in fear. ``Freedom of expression'' were 
three words most Iraqis thought they would never experience, and a 
brutal dictator oppressed millions of people.
  Now optimism and success are sweeping Iraq. Hundreds of candidates 
vying for 275 representative spots are a product of this success. In 
the span of a few short years, Iraq's economic sector is setting the 
stage for growth. Introducing a new currency, reopening their stock 
exchange, loans to encourage small businesses, and infrastructure 
improvements are just a start.
  More Iraqi security forces are being trained every day; and today, 
over 210,000 have been trained and equipped. The election this week is 
the next important step that must be taken in order to allow our men 
and women to begin coming home, having accomplished a great deal.
  Mr. Speaker, tomorrow will be a historic day for Iraq, and all 
America will watch proudly as we witness freedom and democracy coming 
to reality before our eyes.

                          ____________________




                           MEDICARE DRUG PLAN

  (Mr. DeFAZIO asked and was given permission to address the House for 
1 minute.)
  Mr. DeFAZIO. Mr. Speaker, the President breezed through a senior 
center yesterday, and he said, well, the Medicare drug plan seems 
perplexing, but he urged seniors to sign up anyway. It's a good deal, 
he said, of the program.
  Well, it's a great deal for the pharmaceutical industry because it 
protects their profits, and they get subsidies. It's a fabulous deal 
for the private insurance industry because they are getting subsidized 
to offer plans which they can change on a daily basis in terms of 
senior benefits, and seniors can only sign up once a year; but it isn't 
necessarily a good deal for many seniors. So the President gave bad 
advice.
  Very low-income seniors, yes, they should, if they are not covered by 
another plan, look very carefully at their options and probably sign 
up. Others with very high prescription drug costs who don't have 
another plan, perhaps, but some would be losers under this plan. Many 
others, it is questionable whether they should sign up, and the 
government is not making it easy for them.
  Minimally, we should extend the penalty deadline. After all, if the 
pharmaceutical companies and the insurance

[[Page 28271]]

companies can change the seniors' benefits on a daily basis, why is it 
seniors can only sign up for one plan a year, can't change plans and 
will be penalized if they don't sign up by May?

                          ____________________




                              {time}  1030
                           IMMIGRATION REFORM

  (Mr. GINGREY asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. GINGREY. Mr. Speaker, I rise today to stress America's need for 
border security reform. We should be supporting those who enforce our 
laws, not rewarding those who break them. I believe our border security 
problem can be managed and controlled, but to do so, we need the vital 
assistance of our local and State governments.
  Local law enforcement personnel see the repercussions of illegal 
immigration every day, but unfortunately, they do not have the clear 
authority to handle this problem, nor do they have the infrastructure 
and financial resources to turn illegal immigrants over to Federal 
authorities. This has to change.
  The House version of our border security plan cannot be complete 
without language to help local authorities enforce our laws. My friend 
and colleague from Georgia (Mr. Norwood) has introduced the CLEAR Act, 
and I am a proud cosponsor of this legislation.
  As we debate immigration reform, we must remember that illegal 
immigration is both a national and a local problem, and our solutions 
must assist law enforcement at all levels.

                          ____________________




CONGRESS SHOULD STAY IN SESSION UNTIL IT EXTENDS ENROLLMENT PERIOD FOR 
                         PRESCRIPTION DRUG PLAN

  (Ms. SCHAKOWSKY asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Ms. SCHAKOWSKY. Mr. Speaker, this House should not adjourn for the 
year before we extend the enrollment period for seniors to sign up for 
the Republican Medicare prescription drug plan. I did not support the 
law, because I favored a benefit within the actual Medicare program. 
Instead, Republicans chose a plan that forced seniors to choose from 
multiple plans.
  President Bush and congressional Republicans say it is necessary to 
have multiple drug plans competing in order to help drive down costs, 
but a report from the Government Reform Committee says the complicated 
drug benefit has failed to lower drug prices. The prices available to 
seniors are over 80 percent higher than those negotiated by the Federal 
Government for veterans and 60 percent higher than the prices available 
to consumers in Canada.
  Instead of lowering drug prices, the new prescription drug plan has 
resulted in mass confusion for seniors. Seniors should have the time to 
make the best choice for themselves rather than be penalized if they do 
not make a decision by May 15.
  We should extend the deadline by 6 months before we leave for the 
year and support the Stark-Schakowsky bill, H.R. 3861.

                          ____________________




   TRIBUTE TO JAMES HOLMES, JR., SECOND HARVEST VOLUNTEER OF THE YEAR

  (Ms. FOXX asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. FOXX. Mr. Speaker, I rise today to recognize Mr. James Holmes, 
Jr., for being named America's Second Harvest Food Bank 2005 Volunteer 
of the Year.
  Mr. Holmes is the founder of the community garden at the Children's 
Home in Winston-Salem, North Carolina. For the past 7 years, he used 
land at the Children's Home to grow 70,000 pounds of fresh produce to 
feed the hungry.
  When Mr. Holmes started this project at age 76, he had never planted 
a seed in his life. Nevertheless, he pursued this project with a 
passion. As a former board member at the Children's Home, he convinced 
them to donate 3 acres for the garden and to allow staff to assist with 
the farm equipment.
  Mr. Holmes is to be commended for his tremendous efforts. He raised 
the start-up funding to purchase supplies, recruited and trained 
hundreds of volunteers, and invested thousands of dollars of his own 
money to buy a tractor and build a storage building and irrigation 
system. Each year, he organizes the planting of the garden, schedules 
people to volunteer twice a week and joins the crews that work through 
the hot summer months and into the fall harvest.
  It is an honor to have compassionate, caring, and hardworking people 
like James Holmes, Jr., in the Fifth District.

                          ____________________




                           HIGH ENERGY PRICES

  (Mr. CARNAHAN asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. CARNAHAN. Mr. Speaker, as this body prepares to adjourn for the 
year, we have an opportunity to look back at what the people's House 
has done for the American people. The answer, when it comes to 
addressing skyrocketing energy prices, is not much, especially for 
those most in need.
  As winter weather settles in around the country, millions of American 
families are facing skyrocketing home heating prices with even greater 
impact if cold temperatures persist into the spring. Americans are also 
feeling the effects of soaring energy prices at the gas pump. The 
double burden of these added expenses will be far too much for many 
families.
  Rather than taking the opportunity to address these costs for those 
most in need, the Republican leadership instead gave billions of 
dollars in tax breaks to those who need it least, big oil and gas 
companies that have posted not just record profits but the largest 
profits in the history of the world.
  Mr. Speaker, Congress should not leave this year without repealing 
those tax breaks for big oil and converting the savings to low-income 
and senior Americans that need the help the most.

                          ____________________




                  HELP DEFEND THE RESPECT OF CONGRESS

  (Mr. KIRK asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. KIRK. Mr. Speaker, as elected officials, we hold ourselves to the 
highest standards. As Members of Congress, we pledge to defend the 
Constitution and uphold the laws of the United States. We are elected 
to serve the public trust. A breach of law by a Member of Congress is a 
serious offense that should have very serious consequences.
  Taxpayers should not pay for the retirement benefits of a Member of 
Congress convicted of a felony. That is why I am introducing the 
Congressional Integrity Act of 2005, to restore trust in the Congress. 
It is joined by 12 other majority Members, moderates and conservatives 
for reform.
  This important ethics legislation will lead us back to integrity in 
public life. The Congressional Integrity Act of 2005 would deny a 
congressional pension to any Member convicted and denied final appeal 
on a range of crimes directly related to their public duties, including 
bribery, including illegal compensation, including fraud, solicitation 
and tax evasion.
  Mr. Speaker, similar legislation passed the House in 1996 by a vote 
of 391-32. It is time to finally pass this important reform.

                          ____________________




                 REPUBLICANS PLAYING THE ROLE OF GRINCH

  (Mr. PALLONE asked and was given permission to address the House for 
1 minute and to revise and extend his remarks.)
  Mr. PALLONE. Mr. Speaker, the role of the Grinch this year is being 
played by House Republicans. Rather than spreading holiday cheer this 
month, House Republicans have done their best to make life more 
difficult for millions of Americans.
  House Republicans want to force college students to pay an additional

[[Page 28272]]

$5,200 in college loans. House Republicans plan to take away school 
lunches from thousands of school children who desperately need the 
nutritional value that these lunches provide. House Republicans are 
willing to cut the home heating assistance program for low-income 
families just before the long winter season. And House Republicans plan 
to penalize America's seniors who don't sign up for a prescription drug 
plan before May 15, despite all the confusing information that is 
coming out of the Bush administration.
  Mr. Speaker, it is time House Republicans changed their ways, because 
nobody wants to be around the Grinch in December.

                          ____________________




                      MEDICARE INFORMED CHOICE ACT

  (Mrs. CAPPS asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Mrs. CAPPS. Mr. Speaker, 1 month ago, elderly Americans were finally 
able to start choosing among plans to provide them prescription drug 
coverage. In less than a month, these benefits will go into effect. But 
now these seniors are expressing their outrage. The choices they have 
to make are so complex it was imperative that CMS get them accurate 
information. But instead, CMS sent out inaccurate information. In 
addition, they told seniors that they basically had to get their 
information off the Web or by calling a hotline, but delays on the 
hotline are enormous, and most seniors are not comfortable using the 
Internet.
  So now they are having to make critical, complex choices that are 
going to affect their health care with far too little assistance. We 
need to act to help them. Let us not turn our backs on America's 
seniors. Let us give them all of 2006 to make this important choice 
without penalty, and let us make sure that they can make a switch if 
they make the wrong choice.
  Let us pass the Medicare Informed Choice Act.

                          ____________________




                           HURRICANE KATRINA

  (Ms. WATSON asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. WATSON. Mr. Speaker, over the last 3\1/2\ months, this Republican 
Congress has failed to act to meet the critical needs of Hurricane 
Katrina survivors. The few proposals the Republican leadership has put 
forward fail to go far enough in meeting the challenges of restoring 
the gulf coast region.
  The Congress has yet to enact a clear housing plan for the survivors 
still living in tents and waiting for promised trailers that have not 
appeared. Many families may lose their rental assistance at the end of 
December. And economic revitalization is moving at a snail's pace, with 
only about 5 percent of small business disaster loan applications 
approved so far.
  Even Republicans have begun to criticize the delay by the 
administration and the Republican Congress in getting assistance to the 
gulf coast region. Last week, Mississippi Governor Haley Barbour, a 
former Chairman of the Republican National Committee, said his State's 
ability to recover has been severely hampered by Congress's delay in 
approving more money.
  This Congress must not adjourn for the year until we enact measures 
to address this critical need.

                          ____________________




WAIVING POINTS OF ORDER AGAINST FURTHER CONFERENCE REPORT ON H.R. 3010, 
  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2006

  Mrs. CAPITO. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 596 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 596

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider the further conference report to 
     accompany the bill (H.R. 3010) making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies for the fiscal year ending 
     September 30, 2006, and for other purposes. All points of 
     order against the conference report and against its 
     consideration are waived. The conference report shall be 
     considered as read.

  The SPEAKER pro tempore (Mr. Foley). The gentlewoman from West 
Virginia (Mrs. Capito) is recognized for 1 hour.
  Mrs. CAPITO. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to my friend and colleague from California (Ms. 
Matsui), pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for the 
purpose of debate only.
  Mr. Speaker, H. Res. 596 is a rule waiving all points of order 
against the conference report accompanying H.R. 3010 and against its 
consideration. This rule provides that the conference report shall be 
considered as read.
  Mr. Speaker, the underlying legislation is one of the most important 
measures we consider each year. The underlying legislation will fund a 
broad array of programs improving the health, education and lifestyle 
of many Americans. I would like to congratulate the chairman and 
ranking member of the full committee and subcommittee for their hard 
work on this essential spending bill.
  Mr. Speaker, the future of America hinges on the success of our 
future generations and their ability to compete with the rest of the 
world. In order for our children to succeed, they must be equipped with 
a high-quality education. I am happy to say that since Republicans took 
control of Congress, funding for the Department of Education has 
doubled; more recently, over the last 5 years, total education spending 
has increased by nearly 50 percent. Our children will benefit from an 
improved educational system that will enhance their ability to succeed 
and better prepare that next generation of workers.
  The fundamental root of all education is reading. As we enter the 
holiday season, many families will join together in reading holiday 
stories providing wonderful memoirs for years to come. Unfortunately, 
some children are not able to read at the appropriate grade level. 
Included in this legislation is $1 billion for reading programs that 
will enable States to eliminate the reading deficit through science- 
and research-based reading programs.
  I am also very pleased that the TRIO and GEAR UP programs are 
included in this all-important funding package. These programs assist 
low-income, first-generation college students in their transition from 
high school to college. This is a difficult transition for any student, 
but especially those who are the first in their family to attend 
college. We must continue to support programs like TRIO and GEAR UP so 
that these students will continue to flourish.
  Mr. Speaker, another important responsibility we have is to ensure 
that our citizens have access to health care facilities and treatments. 
Included in this legislation is a $66 million increase in funding for 
community health centers that are so vitally important across this 
Nation, but especially in rural States, much like my home State of West 
Virginia. In the last 5 years, Congress has increased funding for these 
critical components of our health care delivery system by 48 percent.
  I am especially pleased with the increased rural health funding 
included in this conference report. Millions of Americans across the 
country, including a majority of my West Virginia constituents, are 
faced with drastically different health care challenges because they 
reside in rural areas. This conference report includes a $90 million 
increase in funding for rural health programs. Included in this package 
are funds for the Office of Rural Health and Research Policy, Rural 
Health Outreach Grants, Area Health Education Centers, and Medical 
Training.

                              {time}  1045

  These programs will improve rural health care delivery through 
continued

[[Page 28273]]

research, improved technology, and development of health care 
professionals in rural America.
  The National Institutes of Health, NIH, continues to serve our Nation 
well by developing new treatments and cures for the many diseases that 
plague our society. With a total funding level of the $28.6 billion, 
the researchers at NIH will be able to continue this mission so we may 
become a healthier Nation and global society.
  A key aspect of a healthier society is one where all citizens have 
access to prescription drugs; and I am proud to say since November 15, 
Medicare-eligible beneficiaries have been able to sign up for a 
prescription drug benefit under Medicare. The resources provided in the 
underlying legislation will allow the Centers for Medicaid and Medicare 
Services to properly conduct that outreach effort that is so important 
that will hopefully enroll every senior that stands to benefit from 
this program.
  Mr. Speaker, we are all aware of the challenges that can potentially 
face all Americans this coming winter, so the high cost of natural gas 
is something we are very concerned about. In this bill, the State 
formula grants for the Low Income Home Energy Assistance Program, 
LIHEAP, are funded at over $2 billion; and we fund an additional 
billion dollars included in the House-passed Deficit Reduction Act 
passed earlier this month.
  As with any appropriation legislation, we had tough choices to make. 
These choices are particularly difficult when dealing with the 
sensitive health and education issues like the ones in this bill. The 
Committee on Appropriations allocated the available resources in this 
bill in a manner that emphasizes those programs most important to our 
Nation.
  Mr. Speaker, this is solid legislation that I believe all Members 
will be able to support.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MATSUI. Mr. Speaker, I yield myself such time as I may consume, 
and thank the gentlewoman from West Virginia (Mrs. Capito) for yielding 
me this time.
  Mr. Speaker, today we consider House Resolution 596, the rule 
allowing consideration of the conference report accompanying the fiscal 
year 2006 Labor-HHS and Education appropriations bill. If the debate 
looks familiar to our constituents watching from home, it should. Just 
before Thanksgiving, the House considered a conference agreement almost 
exactly like the one before the House this morning. The House voted to 
reject that shortsighted agreement. It was a striking rebuke of a 
majority out of touch with concerns of average Americans, and yet here 
we are again with an agreement that is almost word for word the exact 
agreement from 3 weeks ago. This new version simply moves around a 
small amount of money, robbing Peter to pay Paul.
  What seems to have been skipped was a discussion of the fundamentally 
flawed priorities, and there was no discussion of what the American 
people need, merely what it would take for a few more votes. This means 
that No Child Left Behind funding is still cut by $779 million, a 
maximum Pell grant award is still frozen for the fourth straight year, 
and there is still no new funding for student financial aid and support 
programs. The bill still provides $4 billion less than Republicans 
promised for special education through IDEA.
  Further, this agreement provides only thin and shortsighted support 
for innovative research going on today on universities and colleges 
across the Nation. Hardworking families rely on these advances to ease 
the suffering or even cure a loved one's illness, but this agreement 
threatens this hope.
  Earlier this month, the UC Davis Cancer Center, the only federally 
designated cancer center in the central valley of California, 
discovered a way to improve early detection of breast cancer. And just 
before Thanksgiving, UC Davis research shed light on how some cancer 
patients contract chemotherapy-induced leukemia.
  These are two examples of living-saving advances among dozens in the 
University of California system. And they are a reality because of 
Federal investment. Two out of every three research dollars to the UC 
system are from the Federal Government. Sadly, misguided priorities, 
like the ones contained in this conference report, threaten to limit 
these types of advances.
  Mr. Speaker, my local newspaper, the Sacramento Bee, noted earlier 
this month that today's challenges demand shared sacrifice and better 
priorities. The paper argued, rightly so, that ``the majority in 
Congress is more intent on locking in President Bush's tax cuts than 
paying for war, natural disaster, and essential public services for the 
Nation's most vulnerable people.'' I could not agree more.
  Mr. Speaker, I urge my colleagues once again to reject this 
conference report.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume.
  I would like to respond to the gentlewoman's assertion that this is 
the second time around, which it most certainly is. Adjustments were 
made. There were many folks on our side of the aisle who had concerns 
about the rural health provisions, I among those folks, because we are 
heavily reliant on our community health centers. Many adjustments were 
made, as I mentioned in my opening statement, to address some of the 
issues of rural health.
  When we talk about priorities, this bill is chock full of America's 
priorities, and certainly education is one of them. I would like to 
review that in this bill there is $100 million more for those special 
education needs. As I said 3 weeks ago, is this going to solve the 
problem? Is this enough money to meet every need for every challenged 
child and every family of a challenged child? Certainly not. But we are 
getting there and working towards that.
  In terms of Pell grants and affordability of higher education, it is 
at an all-time high, $4,050; and there is an additional $812 million to 
meet those challenges for those seeking higher education.
  There is a particular emphasis in this bill for math and science. We 
hear about our students who cannot compete in the global economy, how 
students are not going into the math and science fields and we are 
getting left behind by those around the world. This will strengthen the 
K-12 math and science education.
  Again, I would like to mention the TRIO and GEAR-UP programs because 
they are particularly significant in my State, very effective and long-
standing, and I am pleased they are going to be there to help that 
first-time college student meet the challenges as they move towards 
higher education.
  Another important program is Job Corps. It is a labor program that 
helps those students transition and move from education to the 
workforce in a very forceful way and a very successful way.
  I realize that choices have to be made in these difficult areas of 
health, education and labor; but the choices we have made here I think 
are good solid choices, and I support the rule and the underlying 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MATSUI. Mr. Speaker, I yield 4 minutes to the distinguished 
gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, I thank the gentlewoman for the time.
  Let me simply make a couple of comments in response to assertions 
made by the gentlewoman from West Virginia. She caught my attention 
when she said, and made much of the fact, that since the Republicans 
have taken control of the House, education funding has essentially 
doubled. Let me put that in perspective and challenge that statement. 
This bill is part of a three-part strategy which over the next 5 years 
will cut funding for education, for social services, for health care, 
for the people targeted by this bill by $48 billion over a 5-year 
period.
  With respect to education, this bill is the first time in 10 years 
that the Congress will actually have cut education. With the across-
the-board cut which is going to be attached to this bill before the 
week is over, we will wind up cutting education by over $600 million 
below last year.

[[Page 28274]]

  Now, the Republicans say, ``Oh, that is okay because we added so much 
money over the last 10 years.'' With all due respect, that is rewriting 
history. The Republican majority in this House had to be dragged 
kicking and screaming into supporting education at all. They came to 
power with the demand to abolish the Department of Education. Their 
very first action rescinded billions of dollars including education 
funding. They tried three out of the next 4 years to make deep cuts in 
education. Each time they were blocked by the Democratic minority and 
by some assistance that we got from the Republican majority in the 
Senate and from the White House then occupied by Bill Clinton.
  Today the fact is that over the past 10 years we have had $18 billion 
more in education than would have been there if we had passed the 
Republican House education and labor appropriation bill. So for the 
Republicans to claim that they have added money to education is a joke.
  It reminds me of the orphan who kills his parents and then throws 
himself on the mercy of the court because he is an orphan. The fact is, 
if the Republican majority in this House had their way, education would 
have been funded $18 billion less than it has been funded over the 
previous decade.
  With respect to some of the other claims that have been made this 
morning, with respect to title I, we are going to have an actual 
reduction in title I by the time the across-the-board cut actually 
passes. No Child Left Behind programs have been cut by $779 million.
  The gentlewoman mentioned NIH. The fact is that with the across-the-
board cut that is going to be attached to this bill, NIH funding will 
decline by $129 million, there will be fewer research grants provided 
there than we had 2 years ago.
  She mentioned community health centers. The fact is that this bill 
contains $238 million less than the amount requested by the Bush 
administration, and this bill totally terminates the entire community-
access program to provide health care to people who do not have 
insurance.
  So all I would say is, if you vote for this bill, if you vote for the 
across-the-board cut, and if you voted for the Republican 
reconciliation action last week, you will have cut support for people 
who are helped by this bill by $48 billion over the next 5 years, and 
you will have used 50 percent of that money to put in the pockets of 
the richest 1 percent of the people by way of tax cuts. It is an 
outrageous piece of legislation.
  Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to respond. I have been in Congress for 5 
years, and I have great respect for my colleague who has many more 
years and much experience, much more experience than I do. But my 
understanding of a conference report, which we are addressing now, it 
cannot be amended, it cannot be attached to and it cannot have any 
spending cut attached to it. He is leading me and others to believe 
that when we step up to vote for this, we will be voting for an across-
the-board 1 percent cut. I find that incredulous because I know there 
will be no such vote placed on this bill. I want the general public 
viewing this to realize we are voting on a tough bill.
  The appropriation is for labor and education and health services, but 
we are not voting on an across-the-board cut when we vote for this 
bill. We have made several choices here. We have put more money into 
reading which I think is vital. Over the past 5 years, incredible 
amounts of money have been put into pulling the reading skills up in 
elementary school and improving that vital part of our educational 
system.
  We have worked on increasing special ed funding. I think we can all 
agree that the needs there are tremendously important across the 
country. We have improved that as well.
  So I think for the understanding to be that this bill is going to be 
coupled with an across-the-board cut that means this is less than what 
it is, I find that to be disingenuous; and, quite frankly, I do not 
think that is quite actually what is going to occur.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1100

  Ms. MATSUI. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Obey) to respond.
  Mr. OBEY. Mr. Speaker, let me simply say in response to the 
gentlewoman's comments, the Republican leadership and the Republican 
caucus has already made clear that they intend to attach a further 1 
percent across-the-board cut in all discretionary spending before we 
leave here for the Christmas holidays. The fact is that the bill before 
us today is just for openers. And when you put this bill together with 
the 1 percent cut that they intend to make across the board, and then 
when you add that to the humongous cuts that they made over the next 5 
years in the reconciliation bill last week, they are already on the 
hook for that. That means, over the next 5 years, there will be a 
cumulative cut in programs to help the people targeted by this bill of 
$48 billion.
  Mrs. CAPITO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Ms. MATSUI. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio 
(Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I thank the gentlewoman, and I want to 
thank the gentleman from Wisconsin for pointing out to this House that 
the across-the-board cut which he speaks about is going to only 
exacerbate the underfunding, which already exists in this particular 
bill. And I thank the gentleman for that point.
  I also want to state that this House, at the request of the 
administration, over the last few years has passed massive tax cuts 
that have helped to accelerate the wealth of this country upward, while 
when it comes to social programs, we are looking at cuts.
  I want to speak to education. The education cuts brought before us 
today in this new conference report are not any better for students 
than those that were voted down by the House on November 17. Like that 
conference agreement, the bill before us today demonstrates that 
education is not a priority for this House's majority. This conference 
agreement provides a mere $11 million increase for Head Start.
  I will bet, Mr. Speaker, that there are some of our wealthiest 
citizens who are achieving tax breaks in the millions, who together, 
pooling their tax breaks, would exceed the amount of money being given 
to Head Start that they call an increase. The fact of the matter is 
that Head Start is a pivotal program for preschool age children in low-
income families across this country. And at current funding levels, it, 
unfortunately, serves about only half of the children eligible for its 
services. Now, this is not adequate, and it is not right. This program, 
which has been repeatedly found to have dramatically increased the 
academic performance of students, deserves more than a piddling $11 
million when you compare it to where the money is going in this budget 
and in the fiscal policies of this administration.
  This conference agreement cuts school improvement funding by 6 
percent and flat funds teacher quality grants. These grants, which are 
used to recruit qualified teachers and support teacher development, are 
critically important to efforts to improve student achievement.
  Rather than strengthening the Pell Grant program and increasing 
access to higher education for low-income students, the conference 
agreement maintains the current maximum Pell Grant at $4,050. At this 
level, the maximum Pell Grant only covers 39 percent of the tuition of 
the average 4-year public college, making a mockery of its status as 
the foundation of student aid for the poorest students.
  What are our priorities? The votes Members cast today on this 
conference agreement will show our priorities. Our priorities ought to 
be education, and they ought to be doing something about adult training 
grants which, unfortunately, have been cut in this conference report, 
and youth training grants, which, unfortunately, have been cut in this 
conference report.

[[Page 28275]]

  What are our priorities? To continue the acceleration of wealth 
upwards in this country, or to make sure that all Americans get a 
chance to be recognized in this budget?
  It is time to say no to this policy.
  Ms. MATSUI. Mr. Speaker, I would just urge my colleagues once again 
to reject this conference report, and I yield back the balance of my 
time.
  Mrs. CAPITO. Mr. Speaker, I urge all of my colleagues to support this 
fair rule and the underlying legislation, where critical dollars will 
fund our Nation's education system, health care delivery system and 
numerous other benefits. With this funding, low-income Americans will 
be better prepared for a long cold winter with the $2 billion funding 
in LIHEAP. Our seniors will greatly benefit from the money provided 
allowing CMS to conduct outreach to our Medicare beneficiaries to sign 
up for the new prescription drug benefit. The $90 million included for 
Rural Health Delivery is vitally important to rural America. These are 
all important programs that will improve the way of life for countless 
Americans.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




      CONFERENCE REPORT ON H.R. 3199, USA PATRIOT IMPROVEMENT AND 
                      REAUTHORIZATION ACT OF 2005

  Mr. GINGREY. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 595 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 595

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider the conference report to accompany the 
     bill (H.R. 3199) to extend and modify authorities needed to 
     combat terrorism, and for other purposes. All points of order 
     against the conference report and against its consideration 
     are waived.

  The SPEAKER pro tempore (Mr. Foley). The gentleman from Georgia (Mr. 
Gingrey) is recognized for 1 hour.
  Mr. GINGREY. Mr. Speaker, for the purpose of debate only, I yield 30 
minutes to the gentleman from Massachusetts (Mr. McGovern), pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Mr. Speaker, House Resolution 595 waives all points of order against 
the conference report and against its consideration.
  I rise today in support of House Resolution 595 and the underlying 
conference report for H.R. 3199, the USA PATRIOT and Terrorism 
Prevention Reauthorization Act of 2005.
  Mr. Speaker, I would first like to take this opportunity to thank 
Chairmen Sensenbrenner and King for all of their work in shepherding 
H.R. 3199 initially in the committee and then on the floor and now 
through the conference. This conference report demonstrates this 
Congress's commitment to find common ground in order to move solid and 
important legislation for the good and safety of the American people. 
This conference report is the culmination of 4 years of thorough 
hearings, extensive oversight, representing a collaborative effort to 
strengthen and fine tune our law enforcement needs and civil security 
needs as originally provided by the 2001 USA PATRIOT Act.
  Like most Americans, I fully cherish and celebrate our 
constitutionally protected civil liberties, while also recognizing the 
need for strengthened national security with thorough and proper 
oversight. And this Congress has demonstrated and will continue to 
demonstrate a clear commitment to oversight in order to better achieve 
the essential and proper balance between necessary protective measures 
and our sacred civil liberties granted to us by the United States 
Constitution.
  As I mentioned, when the House first considered this legislation back 
in July, Mr. Speaker, H.R. 3199, like most legislation considered 
before this House, is not perfect. In an ideal world, it would not be 
necessary, but today's world is sadly far from ideal. Today, America 
faces a grave threat from enemies who cowardly operate in the darkness 
of shadows, waiting with the intent to kill innocent people in the name 
of their hateful ideology. Therefore, we must never again be caught 
with our guard down.
  This Congress must act and must act decisively and deliberately to 
provide our law enforcement with the tools they need to protect and to 
save American lives, both here and abroad.
  With respect to the provisions of this legislation, Mr. Speaker, this 
conference report will make permanent many vital law enforcement tools 
made available for use against suspected terrorists by the USA PATRIOT 
Act while establishing 4-year sunsets on a few provisions such as 
section 206, FISA, Foreign Intelligence Surveillance Act, multi-point 
wire taps, section 215, FISA business record provisions and finally, 
the Lone Wolf provision.
  With respect to section 206, it is important to recognize that the 
ability to track terrorists through the use of multi point or roving 
wire taps is essential because it allows law enforcement to follow a 
terrorist, rather than a telephone.
  Mr. Speaker, terrorists are not reliant on two Dixie cups and a piece 
of string to coordinate and plot terrorist attacks. They have access to 
a universal and a vast array of communication technologies, and our 
laws must take this fact into account.
  Additionally, this conference report, through section 215, ensures 
that law enforcement will still have the ability, under thorough and 
extensive oversight, let me repeat, under thorough and extensive 
oversight, to seek out information on terrorists without tipping them 
off and thereby potentially compromising security and costing lives.
  Again, Mr. Speaker, it should be emphasized to all Americans that the 
USA PATRIOT Act did not establish any new law enforcement capabilities 
but rather extended techniques long available for use against organized 
crime or drug trafficking to be used against suspected terrorists as 
well. If these are acceptable tools against some dope-pushing thug, 
then they should be acceptable tools against terrorists who seek to 
destroy American lives and rip apart the very fabric of this great 
Nation.
  Without question, this Congress must, and I trust, will continue to 
remain vigilant with thorough oversight to protect our Constitution, to 
protect our civil liberties and to protect our national security.
  Mr. Speaker, I encourage all of my colleagues to support the rule and 
the underlying conference report, and I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I want to thank the gentleman from Georgia 
(Mr. Gingrey) for yielding me the customary 30 minutes, and I yield 
myself such time as I may consume.
  Mr. Speaker, I rise today in strong opposition to H.R. 3199. While 
this conference report makes some improvement to the current PATRIOT 
Act, it fails to address some major deficiencies, and in many ways, it 
makes the current situation worse.
  The original intent of the PATRIOT Act was to provide our law 
enforcement officials with the necessary tools to make our country more 
secure. While maintaining national security is absolutely a necessary 
responsibility of Congress, it can and must be achieved without 
compromising our civil liberties.
  Unlike the proponents of H.R. 3199, the American people do not 
believe that security and liberty are mutually exclusive goals. A 
delicate balance between enhancing security and protecting liberty 
needs to be present. But unfortunately, this bill before us today falls 
far short to achieving this appropriate balance.
  Mr. Speaker, back in 2001, when the PATRIOT Act was enacted, 16 
provisions were sunsetted or authorized for a certain period of time 
because of their controversial nature and also due to the hurried 
manner in which they were drafted; 14 of these 16 provisions

[[Page 28276]]

are made permanent by this conference report. And while three of the 
most contentious provisions have been sunsetted for 4 years, even that 
is too long.
  Section 215, commonly referred to as the Library Records Provision, 
grossly expands the Federal government's ability to seize records and 
investigate citizens' reading habits without any notification.
  Section 206, dubbed the Roving Wiretaps Provision, grants the 
government the power to perform so-called John Doe wiretaps in which 
they do not have to disclose the phones that will be tapped or even the 
names of the suspected person.
  Section 6001, known as the Lone Wolf Provision, broadly redefines the 
Foreign Intelligence Surveillance Act's, FISA, standard for the agent 
of foreign power. The new definition is so expansive that the 
Government can now define any individual non-U.S. person as a terrorist 
suspect, even if the individual has no clear ties to a foreign 
government.

                              {time}  1115

  Mr. Speaker, it is more than apparent that these three provisions 
pose a threat to American citizens' civil liberties. And while I would 
rather see these provisions removed from the legislation, I am 
encouraged that a shorter sunset has been placed upon them.
  But, unfortunately, Mr. Speaker, shorter sunsets do not do the trick. 
Sunsets alone do not fix the severe substantive flaws of these 
sections, and they do nothing to address the deficiencies of the 14 
other provisions that are being made permanent by this report. Instead 
of opting to apply shorter sunset dates to these misguided provisions, 
Congress should be exploring appropriate ways to fix them. After all, 
giving the government the power to violate civil liberties is wrong 
regardless of whether we give the government that power for 1 year or 4 
years or for 100 years.
  Most notable of the deficient provisions, which was made permanent by 
the original PATRIOT Act, is section 505, known as the National 
Security Letters provision, NSLs. These NSLs are administrative 
subpoenas, issued by high-ranking Department of Justice officials, 
which force a person to turn over a wide range of personal records. 
Essentially, NSLs allow the FBI to conduct secret, warrantless searches 
of any records they deem relevant to national security.
  What is most concerning about NSLs are the rate in which they are 
being issued and the eventual relevancy of the retrieved records. More 
than 30,000 NSLs are being issued a year, a hundred-fold increase since 
the enactment of the PATRIOT Act. Meanwhile, only a handful of NSL 
investigations have ever gone through the judicial process. Moreover, 
the FBI has surreptitiously gathered information on tens of thousands 
of Americans. They are maintaining databases on these citizens. And 
instead of deleting information on NSL recipients once an investigation 
is completed, the FBI is abusing this power and holding onto personal 
information of Americans who have never been accused of any crime.
  Mr. Speaker, while this conference report does require the Department 
of Justice to report the number of national security letters they 
issue, it fails to address the abuse of power and the 
unconstitutionality of the provision. As determined by a Federal court 
judge on October 4, 2005, the NSL provision was ruled to be 
unconstitutional. So instead of reevaluating this provision or at the 
very least sunsetting it, the NSL provision remains permanent and 
continues to infringe upon the civil liberties of the American people.
  Mr. Speaker, we all must be reminded that privacy is a right 
guaranteed by our Constitution, not a luxury that we can simply discard 
when it becomes inconvenient to the government. Shorter sunsets and 
minimal regulations imposed on the Department of Justice do not cure 
the serious problems with these provisions. Congress needs to go back 
to the negotiating table, reevaluate these provisions, and come up with 
a report that strikes the appropriate balance between advancing 
security and defending our civil rights.
  That is why, Mr. Speaker, I am a cosponsor of H.R. 4506. This 
legislation, introduced by the ranking member of the Judiciary 
Committee, Mr. Conyers, extends by 3 months the 16 provisions of the 
PATRIOT Act set to expire at the end of this year. Extending the 
PATRIOT Act in its current form for 3 months would give lawmakers the 
opportunity to reevaluate these contentious provisions, fix them, and 
then issue a conference report that actually protects the civil 
liberties of the people of this country and not hinders them.
  I would like to share a quote from an article entitled ``Going Down 
in History with USA PATRIOT Act,'' which appeared in the November 27 
edition of the Massachusetts Republican: ``Unless lawmakers are 
prepared to revise the USA PATRIOT Act to include modest protections to 
safeguard civil liberties, they will go down in history as the authors 
of remarkably bad legislation.''
  Mr. Speaker, when we in Congress authorize Federal agencies, it is 
our responsibility to grant them with an appropriate level of power so 
that abuse will not occur. It is also our responsibility to demand 
accountability and conduct appropriate oversight. Sadly, under this 
Republican leadership, neither responsibility has been fulfilled.
  One final observation. We are all, every single Member of this House 
is committed to protecting our country from terrorism. We must adjust 
our laws accordingly to deal with any potential threat. But we must not 
undercut or undermine the protection of our civil liberties. Mr. 
Speaker, democracy requires courage, and we can protect our citizens 
from terrorism and at the same time protect their civil liberties. They 
are not mutually exclusive. I am not convinced that the bill as written 
will enhance our national security, nor am I convinced that these 
broad, sweeping powers that we are now giving to our government will 
not be abused.
  In our recent history, we have seen abuse of power. We have seen 
civil rights leaders in this country, people who have advocated equal 
treatment under the law for all of our citizens, we have seen these 
people put under surveillance. They have been wiretapped. We have seen 
others who have raised their voices in dissent or who have advocated 
issues that are now viewed as the mainstream, we have seen that they 
have been spied upon by our own government. So let us not give 
government more power than is needed.
  That is my fear today, that we are going too far, that we are paving 
the way for abuse, and that if we enact this bill as written, a little 
bit of the Liberty Tree will die.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GINGREY. Mr. Speaker, I yield myself such time as I may consume.
  In regard to section 215, I want to remind the gentleman that section 
215, relating to investigators' access to business records, this 
reauthorization requires a statement of fact showing reasonable grounds 
to believe that the records or other things sought are relevant to an 
authorized investigation to protect against international terrorism or 
espionage. This provides additional safeguards to the original USA 
PATRIOT Act, which requires the government only to certify that the 
records at issue were sought for an authorized investigation without 
any factual showing.
  Mr. Speaker, I could continue with that, but I now yield such time as 
he may consume to the gentleman from California (Mr. Dreier), the 
distinguished chairman of the Rules Committee.
  Mr. DREIER. Mr. Speaker, let me thank my friend from Georgia for 
yielding me this time.
  I listened very, very closely to the remarks offered by my good 
friend from Massachusetts (Mr. McGovern) and I have to say that every 
Member of this House is committed to the national security of the 
United States. That is our number one responsibility, our priority. But 
I will go so far as to say every single Member of this House is 
committed to recognizing the civil liberties of the American people.
  When this issue came to the forefront just a few weeks after 
September 11,

[[Page 28277]]

2001, the now Director of the Central Intelligence Agency, former 
chairman of the House Intelligence Committee and vice chairman of the 
Rules Committee, our very good friend, Mr. Goss, argued that he 
believed we should begin with permanence at that point, and I argued 
then that I thought it important that we focus on sunsetting provisions 
in the USA PATRIOT Act. Why? Because we were looking at this issue 
literally weeks after the worst attack on our soil.
  So, Mr. Speaker, as we moved ahead, we said we should have these 
sunset provisions, and we put them into place, and they were very 
important and helpful. One of the reasons we did it is we wanted to see 
what kinds of civil liberties were being violated as we focused on our 
number one priority, that being our national security. And I am very 
happy to report that, as we look at what has transpired since 
implementation of the USA PATRIOT Act, it is the following: we have 
provided every opportunity for any American to raise concern, talk 
about violations of their civil liberties by going on the Worldwide 
Web, filing any kind of complaint. And there has not been one instance, 
not one complaint has been leveled, against the provisions in the USA 
PATRIOT Act as evidence of violating civil liberties.
  I consider myself a small ``l'' libertarian Republican. I want to do 
everything in my power to ensure that we recognize the rights of our 
individuals. But we have to remember that this measure is exactly what 
Mr. McGovern said it should be. It is a delicate balancing act between 
our goal of recognizing the importance of our national security and at 
the same time focusing on civil liberties. That is why we see the 4-
year sunset for the so-called Lone Wolf provision, for the roving 
wiretap provision, for the so-called library provision. These measures 
that are in there are designed to force us to look at them again. But, 
Mr. Speaker, there is nothing to say that we cannot look at this again, 
as one of my staff members just said to me, next week if we so choose.
  Now, the United States Congress pursues oversight with great 
diligence. I was shocked last night when the distinguished ranking 
member of the Rules Committee said that there had been no oversight by 
the Judiciary Committee of the USA PATRIOT Act. And Chairman 
Sensenbrenner, who has done a phenomenal job on this, went through the 
litany of oversight hearings that have gone on between first 
implementation of the USA PATRIOT Act and today and will continue, will 
continue as we see this measure pass.
  So, Mr. Speaker, I believe that this does create that fine balancing 
act that we have recognized, and we do know that at the same time 
sacrifices have been made. Every single American who travels today has 
made a sacrifice, because of the fact that we are in the midst of a 
global war on terror, by virtue of going through the security to get on 
an airplane. We have had to make sacrifices. Professor Harvey Mansfield 
of Harvard wrote about the need to make those sacrifices when we are in 
the midst of war. And we know that this is an ongoing global war on 
terror; but we cannot, as we pursue that war, move to undermine the 
great liberties and rights of the American people.
  This measure strikes that balance, and I urge my colleagues to 
support the rule and to support the underlying bill.
  Mr. McGOVERN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, in response to my good friend from 
California who said there must be sacrifices and sacrifices have been 
made, I would remind Members of the words of Benjamin Franklin who once 
said that those who would give up their essential liberties to achieve 
a measure of security deserve neither.
  The tragedy of 9/11 led to the PATRIOT Act, and then it led to a war 
against Iraq. Fear and suspicion led the U.S. to roll back our civil 
liberties and attack a nation that did not attack us.
  We have become a Nation of leaders, some of whom who have condoned 
torture and illegal detentions. Fear and suspicion have driven us to 
that. We need a different type of leadership so the American people 
could have been spared the effects of 9/11. It could have been 
different. But, no. We are here today trying to appeal to people to let 
go of their fear and suspicion because an open, honest review of the 
FBI's use of the PATRIOT Act would surely find many areas in need of 
reform.
  A careful balance between national security needs and protecting 
American rights must be struck, but that is not what we have here. 
Today we are set to pass a whole new round of democracy rollbacks. 
American citizens are losing more of their free speech rights and 
privacy rights. The authors of today's bill inserted a very weak and 
loophole-ridden right to judicial review of government actions. The 
American public is not served by such minimal accommodation.
  Today, the House will ignore more than 400 local communities and 
seven States that have passed resolutions asking for PATRIOT Act 
reform. This legislation fails to provide reasonable sunset provisions 
that guarantee future congressional review. The bill retains 4-year 
sunsets for only two of the 16 PATRIOT Act provisions and only one of 
two expiring provisions in the 2004 Intelligence Reform Act. All other 
intrusive powers are either made permanent or remain permanent.
  This bill continues to allow roving wiretaps that permit Federal 
agents to tap communications of a target where neither the target nor 
the phone is identified. Criminal wiretaps require one or the other, 
and the 10-day after-the-fact notice requirement is no substitute for 
privacy safeguards in the criminal wiretaps.
  The bill continues to permit sneak-and-peak searches of a person's 
home or business to remain secret indefinitely. It drops a Senate 
provision supported by the Chamber of Commerce, conservatives, 
libraries, civil liberties organizations that set limits on secret 
court orders for library, medical, and other personal records. Instead, 
the bill establishes a false right to judicial review. A recipient must 
challenge before a preselected group of three court judges and go to 
the expense of hiring a lawyer with a security clearance who the FISA 
court agrees can appear before it.
  So people have to essentially fight for their rights to be free of 
the scourge of wiretaps and to be free of the scourge of having the FBI 
reach into their library records, their reading records, their medical 
records.
  Where are we going with this country? It is not the America it used 
to be. It has become something that is hard to recognize for many 
Americans.
  Vote against this bill.

                              {time}  1130

  Mr. GINGREY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to remind the gentleman that in the 
original bill that we considered, H.R. 3199, which 43 of his colleagues 
supported, there were sunset provisions not in two, but in three, 
sections that were of 10 years' duration. In their motion to instruct 
the conferees, the request was to abide by the Senate bill, which would 
lower those to 4 years each. So that is exactly what we are bringing 
back in the conference report, exactly what they asked for.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from West Virginia 
(Mrs. Capito), my colleague on the Rules Committee.
  Mrs. CAPITO. Mr. Speaker, I rise today in support of the rule and the 
underlying PATRIOT Act reauthorization. I would like to take a minute 
to highlight two aspects of this legislation that we probably will not 
hear a whole lot about today, but are very important to me.
  I am pleased that the conference report includes the amendment that I 
introduced and which passed the House 362-66 to increase penalties and 
update outdated laws to protect our rail and mass transportation 
systems. This provision, section 110 of the conference report, will 
ensure that those who conspire to commit attacks against our rail 
systems or fund such attacks can be prosecuted to the fullest extent of 
the law.

[[Page 28278]]

  While no penalties can deter some of these terrorists bent on causing 
death and destruction, these enhanced penalties on conspirators will 
hinder the efforts of terrorists to secure and finance their networks.
  The attacks on the rail systems in Madrid and in the London 
Underground have demonstrated the real threat that rail and mass 
transportation systems face. I would like to thank Chairman 
Sensenbrenner and all the Members who supported this important 
provision to add another layer of protection to America's rail systems.
  Also I want to commend the conferees for including anti-meth 
legislation in the conference report. Methamphetamine is a large and 
growing problem in rural America. In West Virginia, meth labs have been 
found in neighborhoods, endangering children and innocent members of 
the community. Provisions of this bill enhance penalties for those who 
run meth labs in the presence of children.
  This bill also places restrictions on the sale of meth precursor 
chemicals that are similar to those that the West Virginia legislature 
passed earlier this year and other legislatures throughout the country. 
Provisions in this bill require that meth precursors be sold from 
behind the counter or from a locked cabinet and place better controls 
on mail order and Internet sales.
  Authorization in this legislation will ensure that the Meth Hot Spots 
grant program will continue. This program has already provided 
assistance to local law enforcement in many districts, including the 
Metro Drug Task Force in my hometown of Charleston, West Virginia. 
Continuing this grant program will enable Congress to continue to help 
our communities fight the meth problem.
  Mr. McGOVERN. Mr. Speaker, I yield 30 seconds to the gentlewoman from 
California (Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would just note the 
most important thing in the PATRIOT Act is the sharing of information 
between law enforcement and intelligence. I support that 
reauthorization. I am a member of the Judiciary Committee, a member of 
the Homeland Security Committee. The Department of Justice has 
stonewalled Congress on telling us how they are using these powers.
  I am a member of the conference committee. Republicans met secretly 
and separately away from Democrats on the conference committee. We have 
failed to cure the problems in the bill, and we have missed an 
opportunity.
  Mr. Speaker, I think it's clear that the primary benefit of the USA 
PATRIOT Act we passed in 2001 has been the sharing of information 
between criminal investigators and intelligence officials it enabled. I 
support authorizing that information sharing capability in the original 
PATRIOT Act, and I support its reauthorization today. But this 
conference report on reauthorization of the USA PATRIOT Act fails in 
important ways.
  Following the attacks of 9/11, this Congress passed the USA PATRIOT 
Act to give our law enforcement and intelligence agencies new powers to 
fight terrorism. I voted for that law, but only after securing support 
for sunset provisions that allowed this Congress to revisit these 
issues under less trying circumstances.
  Congress has not done its job in providing the thorough review we 
need of the PATRIOT Act. Nor has the Bush administration done its job 
in providing us the information we need to properly evaluate the 
PATRIOT Act. I have repeatedly sought access from the Department of 
Justice to the national security letters or NSLs it has issued under 
section 505 of the act, and underlying materials regarding its use of 
the material witness statute. I have been seeking access to these 
materials for over 6 months now, with no response from DOJ. I wrote to 
them again last month seeking this information, and again received no 
response. This is vital information about DOJ's actual use of PATRIOT 
Act powers, information which DOJ steadfastly refuses to provide. Yet 
with this conference report Congress blindly reauthorizes and makes 
permanent many of these same powers.
  In fact, through the cracks in DOJ's veil of secrecy, we've begun to 
find some information about the PATRIOT Act. We've found out from 
whistleblowers that the FBI issues more than 30,000 national security 
letters each year. These are tens of thousands of letters, never 
reviewed by a judge, demanding information on countless people, the 
vast majority of whom may be Americans innocent of any terrorist 
activity. We don't know how many private lives are being swept up in 
these NSLs, because DOJ won't tell us.
  This bill does not correct the problems with national security 
letters. It creates a new process for judicial review, but leaves that 
review subject to an extremely vague standard. There are no 
requirements for law enforcement to ``minimize'' its collection of 
NSLs; that is, there's no requirement for DOJ to segregate the vast 
amount of information collected on innocent Americans unconnected to 
any terrorist activity. An audit is provided which would allow DOJ to 
freely continue stockpiling information on Americans without providing 
any standard.
  This bill also adopts too weak a standard for law enforcement to 
engage in business records searches under section 215 of the PATRIOT 
Act. The Senate passed unanimously what I thought was a very reasonable 
standard for law enforcement to meet in order to conduct these 
searches. The Senate required that these searches actually be relevant 
to an ongoing terrorism investigation and related to the activities of 
an agent of a foreign power. But the conference report adopts a 
presumption of relevance that would essentially tie judges' hands and 
force them to grant any requested searches.
  Adoption of 4-year, rather than 7-year, sunsets on three provisions 
regarding business records searches, roving wiretaps, and so-called 
``lone wolf'' terrorists acting as agents of foreign powers is 
positive. Frankly, I would have liked to see 4-year sunsets applied to 
more provisions of the PATRIOT Act, such as the provisions regarding 
NSLs. I believe these sunsets provide Congress an important opportunity 
to review how the PATRIOT Act is actually being used. Given how 
reluctant DOJ has been to share information with us, these sunsets 
really provide the main source of leverage Congress has over the 
Department of Justice to obtain information we should be provided as an 
equal branch of government.
  Mr. Speaker, I'm very disappointed that this legislation has removed 
the provisions we passed in the House providing for additional funding 
for first responders. This is vitally needed funding that local first 
responders need in the event of another terrorist attack or other 
disaster. This conference report drops all of these provisions passed 
by the House.
  For these reasons, Mr. Speaker, I urge my colleagues to join me in 
voting against this conference report. Instead of rushing this bill to 
conclusion, we should give ourselves the time we need to get the 
PATRIOT Act right. I, along with some of my colleagues, have introduced 
legislation that would allow us to reauthorize the existing PATRIOT Act 
authorities for another 3 months, to take the time we need to correct 
the many deficiencies still remaining in this conference report. I urge 
that, instead of voting for a bad bill in order to meet an arbitrary 
deadline, my colleagues join me in voting for more time to turn this 
into a better bill.
  Mr. GINGREY. Mr. Speaker, I yield 3 minutes to the gentleman from 
North Carolina (Mr. Coble), a member of the Judiciary and 
Transportation Committees.
  Mr. COBLE. Mr. Speaker, on 9/11, evil terrorists, murderers, if you 
will, inspired and motivated by fanaticism and hatred attacked our 
country and nearly 3,000 innocent Americans expired. It would be a 
simple matter to overreact to such an attack; but our response, for the 
most part, Mr. Speaker, has been thorough and deliberate.
  The Judiciary Subcommittee on Crime, Terrorism and Homeland Security 
alone conducted nine hearings, coupled with two additional hearings 
before the full House Judiciary Committee. Other committees as well 
conducted hearings. So this seems to me refutes the charge that this 
act has been hurriedly rammed through the Congress.
  I spoke earlier on this floor, Mr. Speaker, of a constituent who 
urged me to lead an effort to repeal the PATRIOT Act. When I asked him 
to cite examples where civil liberties had been abused, he could offer 
none. Other opponents of the act have likewise been unable to document 
evidence of abuses. Some have said, well, these points are irrelevant. 
They are not irrelevant at all, Mr. Speaker, when you are talking to 
people who oppose the act, but yet are unable to offer evidence to 
support their opposition. I think it is relevant, indeed.
  Finally, Mr. Speaker, I am going to touch on a point that I think 
many Americans have inadvertently ignored, and that is the fact that 
there are in

[[Page 28279]]

excess of 360 ports in the United States and this bill provides basic 
and much-needed protection thereto. It is clear that our ports and 
harbors are significant and appealing targets for terrorist attacks. We 
cannot afford to leave these areas unprotected or hamstring law 
enforcement efforts to provide basic security against terrorists.
  Mr. Speaker, I am not trying to be a Chicken Little and shouting that 
the sky is falling, but just because we have not been attacked 
subsequently since 9/11 does not indicate to me that these terrorists, 
I call them murderers, they are murderers, are asleep at the switch. 
They are continuing to plot, and we cannot turn a blind eye to them.
  Is this act perfect? No. Not many acts that find their way through 
this Congress are perfect. But it is a piece of legislation that should 
be enacted, and I urge support.
  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, the President and his administration 
continue its rhetoric that anyone calling for a withdrawal of troops or 
questioning the intelligence that led us into the Iraq war is 
unpatriotic, while, on the other hand, using this war as an excuse, a 
PATRIOT Act was passed that recklessly violates our civil liberties and 
attacks the very freedoms our troops in Iraq are told that they are 
fighting to protect.
  This administration and the leadership in this very House we are 
standing in has tried every trick in the book to spread the blame, pass 
the buck on this misguided war. They continue to filter the debate in 
our very own country and to discredit those who disagree with them.
  This bill they want us to pass today would continue to limit our 
constitutional freedoms in our very own country. Though they did not 
seem to care one bit about the facts before 9/11, they now believe the 
United States will benefit from hoarding insignificant and ill-gotten 
information on innocent Americans. They believe that this makes us a 
safer Nation.
  If you want to talk about dishonesty, look at this administration's 
policies that have led us to ignore facts in order to manipulate the 
very policies that fly in the face of our own honesty, and this is an 
administration that also pays for ``canned'' news overseas.
  The real patriots have been those who stand up and question the 
misleading intelligence and dishonest tactics that got us into this 
war, those who have challenged the PATRIOT Act and its impact on the 
civil rights and civil liberties of every American. Actually, it is 
patriotic to question how the PATRIOT Act affects the very rights that 
we live under in this country of ours.
  Vote ``no'' on this PATRIOT Act.
  Mr. GINGREY. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, I just want to remind my colleagues that prior to 9/11 
and before the USA PATRIOT Act in 2001, we had this culture and legal 
problem where law enforcement could not communicate whatsoever with 
intelligence. This bill enabled us to finally, finally connect the 
dots. I think this is very important for all of us to keep in mind.
  Mr. Speaker, I yield 3 minutes to the gentleman from Tennessee (Mr. 
Wamp), a member of the Appropriations Committee.
  Mr. WAMP. Mr. Speaker, I thank the gentleman from Georgia, and I 
thank the chairman and Chairman Souder for not only bringing the 
PATRIOT Act reauthorization to the floor but including these important 
meth provisions in this legislation.
  In rural east Tennessee, over 10 years ago meth production showed up 
in a real ugly way and spread like moonshine of 50 years ago, but 100 
times more lethal, through the mountains and the hills. We attacked it 
with 
a comprehensive State-Federal-local partnership called the Southeast 
Tennessee Meth Task Force and that grew to the East Tennessee Meth Task 
Force, and now it is a statewide, state-of-the-art, frankly, national 
model for how to combat this problem; and we were second in the country 
last year in lab seizures.
  One of the innocent results here, though, of fighting meth and the 
production of meth are the children that are left in these homes. My 
colleague from Tennessee, a Democrat from Nashville, Jim Cooper, wrote 
legislation, and I was the original Republican cosponsor, that creates 
a provision funded at $20 million a year for the next 2 years to deal 
with the children that come out of these meth homes.
  Over 10,000 children nationally between 2000 and 2003 came out of 
these meth homes and became wards of the State. In my State, 750 alone 
so far are wards of the State. There was no social service network for 
these children. This creates that.
  So we are not just attacking the problem, but we are dealing with the 
aftermath of this deadly plague on America called methamphetamine 
production. It is so responsible to include it.
  A second on the PATRIOT Act. In ordinary circumstances, it might not 
be necessary. These are extraordinary circumstances, and it has been 
necessary. The facts do not lie. If you listen to the testimony of the 
attorneys general and the prosecutors and you hear the cases, you know 
the PATRIOT Act has definitely kept our country safer, safer, since 
September 11.
  We need to reauthorize it. We need to be realistic. We cannot just 
pander or engage in mythological discussions. Deal with the realities. 
We have to do certain things and communicate better. The law 
enforcement personnel have to have the tools and equipment to safeguard 
our country from these terrorists. This is the reality that we face 
today. We can change this later if we need to. Today, we need to 
reauthorize it and keep the teeth in Federal law enforcement and keep 
the terrorists out of our country.

                              {time}  1145

  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Vermont (Mr. Sanders).
  Mr. SANDERS. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in strong opposition to this conference report. 
All of us are in agreement that the United States government must do 
everything it can do to effectively fight terrorism and protect the 
American people from another terrorist attack. There is no debate about 
that. But some of us believe that with strong, well-trained and well-
funded law enforcement, we can in fact protect the American people 
without undermining the constitutional rights that make us a free 
country.
  In that regard, I am happy to say that there has been a very strong 
coming together of Members of Congress and Americans from very 
different political perspectives, people who usually agree on nothing 
but who have come together to protect the Constitutional rights of the 
American people as we fight terrorism.
  We should be very proud that, on this issue, such diverse groups as 
the ACLU, the American Conservative Union, the Gun Owners of America, 
the U.S. Chamber of Commerce, the American Library Association and the 
American Book Sellers Association have come together to say to 
Congress, please support the Senate version. And this is a message that 
I hope all Members heed.
  The simple fact of the matter is that the original Senate bill is a 
far better piece of legislation than what we are looking at today, and 
that is the legislation that we should pass.
  Mr. Speaker, day after day, we hear the Republican leadership telling 
us about the virtues of small and limited government, about how we have 
got to deregulate almost everything and get government out of our 
lives. In that regard, are my Republican friends really comfortable 
with allowing the FBI to access Americans' reading records, gun 
records, medical records and financial records without judicial 
approval; allowing the FBI to search someone's home without probable 
cause and without telling that person about the search; allowing the 
FBI to serve a librarian or a bookstore owner with a section 215 order 
demanding records without having to provide facts that a person whose 
records are being sought is involved in a terrorist investigation?
  Please vote no on this conference report.

[[Page 28280]]


  Mr. GINGREY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Keller), a member of the Education and Workforce 
Committee.
  Mr. KELLER. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, reauthorizing the PATRIOT Act before it expires on 
December 31 is literally a matter of life or death because it is 
helping us to win the war on terrorism.
  Since we passed the PATRIOT Act in 2001, we have convicted 212 
terrorists, and we have frozen $136 million in terrorist assets. 
Passing the PATRIOT Act is purely a matter of common sense. Is it not 
common sense that we give law enforcement the same tools to go after 
terrorists as they now have to go after Mafia dons and drug dealers? Is 
it not common sense that we can now share data between the intelligence 
community and the law enforcement community? Is it not common sense 
that we can now track deadly terrorists even though they cross 
jurisdictional lines or switch cell phones?
  Now, some Members of Congress want to postpone this legislation or 
even filibuster it. The worst thing that these critics can say about 
the PATRIOT Act is that supposedly law-abiding citizens will have their 
book store and library habits monitored. That is a totally bogus 
allegation. In reality, a prosecutor seeking this information must go 
before a federal judge, get a court order and prove that it is a matter 
of international terrorism. Now, how many times has that happened since 
we first passed the PATRIOT Act in 2001? Exactly zero according to the 
U.S. Attorney General.
  I urge my colleagues to vote yes on the PATRIOT Act and yes on the 
underlying rule.
  Mr. McGOVERN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Doggett).
  Mr. DOGGETT. Mr. Speaker, true patriots need not hide behind the flag 
nor apply phony titles to cover the misguided purposes of their 
legislation.
  From its origin, this grossly misnamed PATRIOT Act has cloaked its 
weaknesses by implying that its opponents are ``un-patriots'' as in 
``unpatriotic.'' This is all part of a troubling pattern: secret 
prisons, sneak and peek searches, gag orders, redefining torture to 
exclude cruel and degrading punishment, extraordinary rendition, 
combing through library records, and even attempting to misuse our 
military to spy on religious groups.
  These acts debase our American values. This bill should be rejected 
because it fails to strike the proper balance between the security we 
demand and the liberties that we cherish.
  Yes, Vice President Cheney has suddenly emerged from his secure, 
undisclosed location and taken pause from his campaign to preserve 
torture in order to enthusiastically embrace today's bill. But 
intrusive, invasive powers in the hands of a few with little oversight 
and no accountability is a formula for wrongdoing. We should not 
surrender our liberties to any Administration. Retreating to such 
abusive tactics is weakness, not strength.
  We should not add even more powers to an Administration that has so 
often been willing to abuse its existing power, nor should we add more 
authority to an Administration that has acted in authoritarian ways. 
Real patriots understand that an all-powerful government can undermine 
our security just as surely as a dangerous religious fanatic.
  And all of this is occurring when the bipartisan 9/11 Commission, the 
citizens' commission that this Administration fought every step of the 
way, is giving the Administration and this Republican Congress one F 
after another for not protecting our families. Instead, we get this 
kind of legislation.
  Mr. Speaker, authoritarianism is not born full-bodied. It is 
conceived in small injustices, which tolerated over time become 
irreversible. Benjamin Franklin understood when he said, ``Those who 
would give up essential Liberty, to purchase a little temporary Safety, 
deserve neither Liberty nor Safety.''
  This much is certain, each day of this Administration brings more 
news of both deaths of true patriots abroad and more abuses of our 
values by those who claim to be patriots at home. This is an 
Administration where the ends always seem to justify the means. But 
their ``ends'' too often betray our safety, and their ``means'' forsake 
our values.
  To those who promote this misguided act, pull down your false colors; 
raise the American flag of freedom. Reject this bill.
  Mr. GINGREY. Mr. Speaker, I yield myself 15 seconds.
  I want to remind the gentleman from Texas that this latest 9/11 
Commission so-called report card gave us an F for failing to reveal the 
amount of intelligence spending to the terrorists. So if that is the 
kind of report card he is talking about, then I am proud of that F.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. 
Rohrabacher).
  Mr. ROHRABACHER. Mr. Speaker, I rise in support of this rule but in 
opposition to the underlying bill, the so-called PATRIOT Act, the USA 
PATRIOT Act.
  I supported the PATRIOT Act when it was first passed and would do so 
again. I support the war on radical Islam. Our country is under attack 
and under grave threat. But my original support was based on the 
inclusion of 4-year sunsets in those sections of the PATRIOT Act, those 
sections that drastically expanded the police and investigative powers 
of the Federal Government.
  That is what was included in the original PATRIOT Act. Instead, the 
current legislation before us makes permanent the expansion of police 
powers which were meant to be only temporary until this war was over. 
Of the 16 sunset provisions, sections sunsetted in the original 2001 
bill, the current conference committee report establishes 4-year 
sunsets on only two of those 16. The rest of the expanded police powers 
are being made permanent, the most drastic permanent expansion of these 
powers being section 213, the sneak and peek section; the section 205, 
the secret search section; and section 214, which permanently 
eliminates probable cause needed for the use of eavesdropping devices.
  I would support redoing the PATRIOT Act as originally came forward. 
As the war on terrorism continues, I can support these expanded powers. 
However, this effort to use the war as a way to alter forever the 
balance of personal liberty and legitimate restraints on government 
power should be defeated. Long after the war on terrorism is won, under 
permanent sneak-and-peek rules, American citizens will have their homes 
and businesses searched without court order and without legal 
notification for a month after that search is conducted. Long after the 
threat of Islamic extremism is over, under permanent secret search 
rules, Americans will have their business records, phone records, 
credit records and computer files seized without a judge issuing a 
warrant based on probable cause. Long after the crisis we face today, 
under permanent eavesdropping rules, American citizens will have their 
phone conversations monitored without a warrant.
  There is no excuse in peacetime to give our police and our 
investigative agencies wartime powers, and that is what we are doing 
here. There have been a few improvements in the bill but not enough 
improvements, as far as I am concerned, for us to support it. My 
central theme has always been based on the need for periodic review by 
Congress of all those dramatic expansions of police power that we are 
giving our government now in order to win this war on terrorism. This 
is best achieved by sunsets. We should not live in peacetime under the 
extraordinary laws passed during times of war and crisis. Emergency 
powers of investigation should not become the standard.
  Let me just note that I think people will rue the day if we give the 
Federal Government this permanent power over our lives.
  Mr. McGOVERN. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from New York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Speaker, I am deeply disappointed that the conference 
report, among other things, today does not include an amendment that I 
offered with Mr. Sweeney to

[[Page 28281]]

alter the first responder funding formula in the original PATRIOT Act. 
This provision would have allocated precious Homeland Security 
resources on the basis of risk. Under the original PATRIOT Act, zero 
percent of formula grants are distributed on the basis of risk. Under 
the House proposal, at least 84 percent and up to 100 percent of 
funding would be risk-based, ensuring that we spend our resources to 
address the greatest threats our Nation faces. This long overdue change 
has been approved by the House on three separate occasions, including 
in a stand-alone bill that passed by a vote of 409 to 10 in May. While 
the Senate has rejected this commonsense reform, the administration 
supports it, as does the 9/11 Commission. In a recent report, the 
Commission gave the government an F for failing to allocate funding 
where it is needed but stipulated that we can earn an A if the House 
provisions in the PATRIOT Act reauthorization bill are accepted. As 
Commission Chairman Kean stated last week, ``It is time for senators to 
exercise leadership and do the right thing for our Nation's security by 
passing the risk-based funding reform in the PATRIOT Act.''
  The Senate failed to exercise leadership. We have therefore missed a 
golden opportunity to improve our Nation's security. We cannot back 
down from this fight, and we must demand that the Senate accept our 
proposal in any future Homeland Security legislation. I hope my 
colleagues will join me.
  Mr. GINGREY. Mr. Speaker, I yield 2 minutes to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Speaker, I rise in support of the PATRIOT Act and, in 
particular, title VII of that report, the Combat Methamphetamine 
Epidemic Act of 2005. This is certainly the biggest, and last night we 
passed Chairman Boehlert and Congressman Gordon's environmental meth 
bill, but this is the biggest comprehensive bill on meth that we have 
ever had in front of the United States Congress, and it is important 
that we pass this.
  I want to thank a number of people. It is impossible to thank 
everybody who has been involved in this, but I would like to thank 
Chairman Sensenbrenner of the Judiciary Committee for his co-
sponsorship and his willingness to put this in a conference report. If 
we did not have this in a conference report, it would not see the light 
of day. We have had the pharmaceutical companies attack this bill. We 
have had the Mexico and China lobbies attack this bill. We have had the 
pro-drug groups attack the law enforcement provisions. It would not go 
through the other body. It is not even clear we can move it to another 
bill at this point. Yet, it is the only bill standing, and it is a 
bipartisan effort to try to address this scourge that is crossing the 
country. I thank Chairman Sensenbrenner; also Majority Leader Roy 
Blunt, who has been an early leader in this charge; Chairman Barton of 
the Energy and Commerce Committee for his willingness to have this move 
on this conference report; Chairman Hyde of the International Relations 
Committee because it has International Relations jurisdiction and for 
his support; Chairman Young of the Transportation and Infrastructure 
Committee; Chairman Coble of the Judiciary Subcommittee on Crime; 
Chairman Frank Wolf of the Appropriations Subcommittee on Science, 
Commerce, Justice and State, because, without all of their help, we 
would not have this bill in front of us.
  I would also thank the several Members who have worked so hard to 
make this comprehensive anti-meth legislation happen. In particular, I 
would like to thank Representatives Mark Kennedy, Darlene Hooley of 
Oregon, Dave Reichert and John Peterson, because they provided much of 
the content of this comprehensive bill and their consistently strong 
leadership on the House floor.
  I would also like to thank the four co-chairmen of the Congressional 
Meth Caucus, Congressmen Larsen, Calvert, Boswell and Cannon, for their 
staffs' assistance in putting this together so we could have a 
bipartisan effort.
  Congressman Tom Osborne has crusaded on this House floor and across 
the country on behalf of anti-meth legislation, as has Congressmen 
Baird, Wamp, Boozman, King, Gordon and so many others. This would not 
be happening today if we did not have this bipartisan coalition, and I 
hope it becomes law.
  Mr. Speaker, I rise in support of the conference report to H.R. 3199, 
the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, 
and in particular of title VII of that report, the Combat 
Methamphetamine Epidemic Act of 2005. I believe this bipartisan 
legislation is a vital first step in our renewed fight against the 
scourge of methamphetamine trafficking and abuse, and I hope the House 
will support its passage.
  I would probably take an hour if I tried to thank each of the Members 
and staff who helped with this legislation, so I will have to mention 
only a few. First, I'd very much like to thank Chairman Sensenbrenner 
of the Judiciary Committee for his cosponsorship of the Methamphetamine 
Epidemic Elimination Act, H.R. 3889, one of the two bills that was 
incorporated into today's legislation, and for his leadership in 
ensuring that anti-meth legislation would be added to the conference 
report. I would also like to thank Majority Leader Roy Blunt, Chairman 
Barton of the Energy and Commerce Committee, Chairman Hyde of the 
International Relations Committee, Chairman Young of the Transportation 
and Infrastructure Committee, Chairman Coble of the Judiciary 
Subcommittee on Crime, and Chairman Frank Wolf of the Appropriations 
Subcommittee for Science, Commerce, Justice, and State, for their 
invaluable assistance and support in bringing this bill to the floor 
for a vote today.
  I would also like to thank several Members who worked so hard to make 
comprehensive anti-meth legislation happen. In particular, I'd like to 
thank Representative Mark Kennedy, Representative Darlene Hooley, 
Representative Dave Reichert, and Representative John Peterson for 
providing much of the content of this bill, and for their consistently 
strong leadership on the House floor on meth issues. I would also like 
to thank the four co-chairmen of the Congressional Meth Caucus, 
Representative Rick Larsen, Representative Ken Calvert, Representative 
Leonard Boswell, and Representative Chris Cannon, for their and their 
staffs' assistance and support. And to every other Member who has 
cosponsored either H.R. 3889, or the other major bill incorporated in 
this conference report, the Combat Meth Act of 2005, H.R. 314, I 
express my deep appreciation.
  I don't have to tell any of you how serious a threat meth is for our 
communities; pick up almost any newspaper or magazine these days and 
you can read about it firsthand. As chairman of the Government Reform 
Committee's Subcommittee on Criminal Justice, Drug Policy and Human 
Resources, I have held 11 hearings on the meth epidemic since 2001, not 
only in Washington, DC, but in places as diverse as rural Arkansas, 
Ohio, Oregon, and Indiana, suburban Minnesota, island of Hawaii, and 
urban Detroit. There are regional and local variations on the problem, 
of course, but one thing remains constant everywhere: This is a drug 
almost unique in its combination of cheapness, ease of manufacture, and 
devastating impact on the user and his or her community.
  There are three aspects of the meth epidemic that I believe need to 
be emphasized as Congress prepares to enact this legislation. First, 
meth presents unique challenges to Federal, State, and local law 
enforcement. The small, clandestine meth labs that have spread like 
wildfire across our Nation produce toxic chemical byproducts that 
endanger officers' lives, tie up law enforcement resources for hours or 
even days, and cost tremendous amounts of money to clean up. That, 
combined with the rise in criminal behavior, child and citizen 
endangerment, and other effects, have made meth the number one drug 
problem for the Nation's local law enforcement agencies, according to a 
study released over the summer by the National Association of Counties.
  Second, the damage this drug causes is not confined to the addict 
alone; it has terrible effects on everyone around the user, 
particularly children. Another survey by the National Association of 
Counties found that 40 percent of child welfare agencies reported an 
increase in ``out of home placements because of meth in the past 
year.'' This abuse unfortunately includes physical and mental trauma, 
and even sexual abuse. Sixty-nine percent of county social service 
agencies have indicated that they have had to provide additional, 
specialized training for their welfare system workers and have had to 
develop new and special protocols for workers to address the special 
needs of the children affected by methamphetamine. Community health and 
human services, as

[[Page 28282]]

well as child welfare services such as foster-care, are being 
overwhelmed as a result of meth.
  Finally, the meth threat is not confined to the small, local labs, 
but extends well beyond our borders to the ``super labs'' controlled by 
large, sophisticated Mexican drug trafficking organizations, and the 
international trade in pseudoephedrine and other precursor chemicals 
fueling those super labs. Three-quarters or more of our Nation's meth 
supply is controlled by those large organizations, and over half of our 
meth comes directly from Mexico.
  The Combat Methamphetamine Epidemic Act will be the first legislation 
enacted by Congress that addresses all three of these critical aspects. 
Previous acts of Congress have addressed meth production and precursor 
chemical diversion, while others have provided assistance to State and 
local agencies; for the first time, however, we are tackling domestic 
and international chemical diversion, assistance to State and local 
agencies, child and family welfare issues, and the criminal production 
of meth.
  The conference committee has filed a detailed section-by-section 
analysis of the legislation, so I will only briefly mention the 
highlights of this bill. Among other things, the act would:
  Require all pseudoephedrine, ephedrine, and phenylpropanolamine 
products to be stored behind the counter or in a locked cabinet; impose 
a daily and a monthly purchase limit; require purchasers to show I.D. 
and sign a logbook; and require training of all employees handling the 
products;
  Close a number of loopholes in existing import, export, and wholesale 
regulations of meth precursor chemicals, including import and 
manufacturing quotas to ensure no oversupply leads to diversion; and 
regulation of the wholesale ``spot market'';
  Require reporting of major meth precursor exporters and importers, 
and would hold them accountable for their efforts to prevent diversion 
to meth production;
  Toughen Federal penalties against meth traffickers and smugglers;
  Authorize the ``Meth Hot Spots'' program, as well as increase funding 
for drug courts, drug endangered children programs, and programs to 
assist pregnant women addicted to meth.
  Each of these steps is vital to our success in the fight against 
meth, and I hope that the House will support them.
  Mr. Speaker, this bill was a true compromise--both between the two 
parties, and between this House and the other body. Of all the many 
Members of Congress who worked on this legislation, no one got 
everything he or she wanted. But what we did get was an excellent bill 
that will re-energize our fight against methamphetamine. Every one of 
us, Republican or Democrat, urban or rural, has a stake in the outcome 
of that fight. We have to stop the meth epidemic from spreading, and we 
need to start rolling it back. I believe that this legislation will be 
an important step in that process, and I urge my colleagues to vote for 
its passage.
  Mr. McGOVERN. Madam Speaker, I yield 3 minutes to the gentleman from 
New Mexico (Mr. Udall).
  Mr. UDALL of New Mexico. I rise today in opposition to the PATRIOT 
Act reauthorization conference report. As a former Federal prosecutor 
and New Mexico's Attorney General, I am familiar with both the needs of 
law enforcement to pursue suspects and a strong supporter of law 
enforcement. I am also a strong supporter of civil liberties and 
believe that our Constitution must be guarded against encroachment even 
in the name of security.
  On October 24, 2001, a justified sense of urgency resulted in an 
unjustifiably rushed vote on the PATRIOT Act.

                              {time}  1200

  Many of us had little time to study the bill which became law. A 
bipartisan bill was junked by the majority's Rules Committee in the 
middle of the night. Since this legislation was enacted, over 385 
cities, towns, and counties in 43 States passed resolutions concerning 
the PATRIOT Act. In New Mexico alone, 10 cities and four counties have 
adopted resolutions calling for reform. I have received thousands of 
letters from Americans worried about excessive government power without 
judicial oversight.
  I had hoped during the conference committee Senate provisions 
granting more congressional oversight and constitutional protections 
would have been kept in this bill. The Senate version contained greater 
restrictions on the government's power and required higher standards 
for record demands.
  However, the conference report is more of the same. It extends for 4 
years two of the most controversial provisions of the bill, including 
the section granting law enforcement authorities unprecedented powers 
to search library and bookstore records without probable cause or the 
need for search warrants.
  This bill also makes permanent 14 provisions of the PATRIOT Act that 
were set to expire this year. This bill has serious problems.
  National security letters are out of control, with no meaningful 
oversight. It has been reported that 30,000 national security letters 
are issued every year. These letters allow the government to collect 
almost limitless sensitive, personal information without judicial 
approval. We should target this government power against terrorists, 
not against innocent Americans.
  I will vote against this bill today, not because I oppose the PATRIOT 
Act in its entirety but because I believe that the needs of law 
enforcement can be met without eroding our liberties.
  Mr. GINGREY. Madam Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Osborne).
  Mr. OSBORNE. Madam Speaker, the crippling reach of methamphetamine 
abuse has become the Nation's leading drug problem today, and this is 
according to a survey by 500 sheriffs departments in 45 States.
  It is cheap to buy. It is easy to make. It is available everywhere. 
It is highly addictive. Oftentimes it is addictive after just one use. 
So it is currently replacing cocaine and heroin in many parts of the 
country. It leads to increased crime, child abuse, increases in the 
jail population. In many parts of the country, almost 40 to 50 percent 
of the jail population is due to methamphetamine abuse.
  However, the main problem anymore is not the mom-and-pop meth lab out 
in the countryside. It is the superlabs. Right now 60 to 85 percent of 
the meth in the United States is coming from superlabs in Mexico, and 
this is really hard to trace. It is hard to get at.
  The one thing that is needed to make methamphetamine is 
pseudoephedrine or ephedrine, and this is manufactured in only six or 
seven locations around the world: Czechoslovakia, Germany, China, 
southeast Asia and so on. This bill would make it more difficult for 
meth manufacturers to obtain the pseudoephedrine necessary for 
producing the drug in these superlabs.
  H.R. 3199 includes language the House passed earlier as part of the 
Foreign Operations authorization bill. It identifies and publicizes the 
five countries which have the highest rate of diversion of 
pseudoephedrine to manufacturers of meth. We can get the invoices from 
these manufacturers. The Department of State could then use its 
existing authority to reduce or eliminate U.S. foreign aid to those 
countries which are most contributing to the meth problem. This is one 
thing that gets people's attention, when you take their foreign aid 
away, because they are producing meth that is being used in these 
superlabs.
  It is a good bill. It gets to the source of the problem. I want to 
thank Chairman Sensenbrenner and particularly Chairman Souder for their 
hard work on this bill, and I urge support of the underlying 
legislation.
  Mr. McGOVERN. Madam Speaker, I yield 3 minutes to the gentleman from 
Oregon (Mr. DeFazio).
  Mr. DeFAZIO. I thank the gentleman for yielding.
  Listeners should realize that truth is not required in debate on the 
floor of the House. The chairman of the Rules Committee stood up here 
and said there has not been one complaint about the use of the PATRIOT 
Act, or the abuse. He should talk to Brandon Mayfield from Portland, 
Oregon, who was considered to be a perpetrator of the Madrid bombing 
and they used the PATRIOT Act to accumulate the nonevidence about him. 
The government has subsequently apologized, and he sued the government, 
but I guess that is not a complaint.
  Maybe we are not hearing the complaints because librarians, bookstore 
owners, and business owners can themselves be prosecuted if they tell 
anybody that there was an unwarranted

[[Page 28283]]

gathering of records about innocent Americans from them. So, yeah, I 
guess there is sort of a dearth of complaints.
  Then there is the other gentleman. He said, well, we can change this 
later. We heard that when we passed the first PATRIOT Act, which no 
Member of the House of Representatives had read, at 10 o'clock in the 
morning with one copy available on each side of the aisle. We said it 
sunsets; you can change it later. Now is later. It is time to change 
it. Guess what? They say well, no, we can't change it now; we might 
change it later after we make it permanent now. Before it was 
temporary; we are going to change it later. Now, it is permanent, maybe 
we will change it later.
  Come on. Let's be honest about this debate. You are jamming this 
through on behalf of the White House and the Attorney General. They 
want this. It is bad legislation. It threatens the civil liberties of 
Americans, and I believe it will impinge on our investigation and 
finding of terrorists.
  These national security letters, 30,000 national security letters, 
gathering huge amounts of data about the lives of innocent Americans. 
In the past, that would have to be discarded. Now they say, well, we're 
going to keep it; but don't worry, all the information we're going to 
accumulate about people, innocent Americans, is going to go into a 
databank; but it will only be available to the Federal Government, 
State government, local governments, tribal governments and appropriate 
private entities. I guess there is one person in America who might not 
be able to tap into this databank.
  This is going to create such a huge haystack of irrelevant 
information about the lives of innocent Americans that the FBI, who had 
one terrorist in hand, Musawi, and had an agent in Arizona pointing at 
the plot, could not even see their hand in front of their face. Now we 
are going to create a huge mountain of irrelevant data about innocent 
people and this is somehow going to improve how they perform in finding 
terrorists in America? I don't think so.
  Then the most cynical thing about this bill is to take a meritorious 
bill that deals with methamphetamine precursors and trafficking, that 
passed separately in this House of Representatives, which I supported, 
and they are going to include it as part of this legislation in a 
cynical ploy to somehow basically force, bully, or trick people into 
supporting the underlying legislation with its unwarranted attack on 
the Bill of Rights, the Constitution of America, the foundation of our 
government, the gathering secretly of information about innocent 
Americans, and the permanent retention of that information for no good 
purpose.
  This is bad legislation. The time has come to change it. It should be 
defeated, and we should change it now.
  Mr. GINGREY. Madam Speaker, I reserve the balance of my time for the 
purpose of closing.
  Mr. McGOVERN. Madam Speaker, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Lynch).
  Mr. LYNCH. Madam Speaker, I thank the gentleman from the great city 
of Worcester, Massachusetts, for yielding.
  Madam Speaker, I rise in opposition to the conference report on H.R. 
3199, the so-called USA PATRIOT Act, because we have not taken 
meaningful steps to eliminate or correct the most egregious sections of 
this act.
  In particular, it is disappointing that the conference agreement does 
not include a meaningful judicial review mechanism for FISA wiretaps, 
under the Foreign Intelligence Surveillance Act, as applied against 
U.S. citizens.
  Given that the power that today's surveillance technology gives to 
government and given the broad powers that we have given to 
intelligence agencies under this act, the absence of post-execution 
judicial review in today's conference report constitutes one of its 
most critical shortcomings.
  Madam Speaker, in order to ensure that the powers granted by the 
PATRIOT Act are not susceptible to abuse, our government must always 
operate with meaningful oversight, checks and balances.
  After all, it is the maximum transparency and active judicial review 
which is our ultimate weapon in combating both governmental abuse and 
overreaching by governments to restrict the individual freedoms of our 
citizens.
  For these reasons, I ask my colleagues to oppose the this version of 
the PATRIOT Act reauthorization.
  Mr. McGOVERN. Madam Speaker, may I inquire how much time I have 
remaining?
  The SPEAKER pro tempore (Mrs. Biggert). The gentleman from 
Massachusetts (Mr. McGovern) has 2\1/2\ minutes remaining. The 
gentleman from Georgia (Mr. Gingrey) has 2\1/4\ minutes remaining.
  Mr. McGOVERN. Madam Speaker, I yield 1 minute 20 seconds to the 
gentlewoman from California (Ms. Lee).
  Ms. LEE. Madam Speaker, I want to thank the gentleman for yielding 
and for his leadership.
  Madam Speaker, I rise in total opposition to this rule and to the 
reauthorization of this unpatriotic act. We should be repealing these 
undemocratic provisions, not expanding government's reach into the 
private lives of the American people.
  Since 2001, the PATRIOT Act has been used more than 150 times to 
secretly search private homes, and nearly 90 percent of those cases had 
nothing to do with terrorism.
  Americans have rejected provisions in this legislation like sneak-
and-peek searches, national security letters, and roving John Doe 
wiretaps.
  Under this renewal, we will see more of the same. Private residences, 
libraries, businesses, medical records, not even your DNA, are safe 
from the PATRIOT Act.
  I now understand why many have called this bill yet another Big 
Brother attack.
  Requiring an A on the 9/11 Commission recommendations instead of Ds 
and Fs is how we protect the American people from terrorist attacks, 
not taking away our civil liberties, which this unpatriotic bill does.
  Preserving medical privacy, the right to read and congressional 
oversight should not be partisan issues, Madam Speaker. Our 
constituents deserve better. I hope that we all vote ``no'' on this 
rule and vote ``no'' on this very unpatriotic PATRIOT Act as they call 
it.
  Mr. GINGREY. Madam Speaker, I yield to myself 15 seconds and want to 
remind the gentlewoman from California that under this reauthorization, 
the USA PATRIOT Act, we are not utilizing powers that were not already 
granted to the Federal Government in regard to crime prevention and 
drug lords and organized crime. We are just applying it now to 
terrorists.
  Madam Speaker, I continue to reserve the balance of my time.
  Mr. McGOVERN. Madam Speaker, may I inquire of the gentleman from 
Georgia how many more speakers he has?
  Mr. GINGREY. I have no more speakers.
  Mr. McGOVERN. Madam Speaker, I will close for our side.
  Madam Speaker, this bill overreaches. It paves the way for abuse and 
is a potential threat to innocent, law-abiding citizens. We are not a 
police state, and what makes us different from so many others is our 
freedom and our respect for basic civil liberties and our respect for 
privacy.
  I understand the urge of some to embrace this legislation; but let me 
remind you that every time you chip away at our civil liberties, you 
give the terrorists a victory. You take away something that is 
essential to who we are as Americans.
  Let us adjust and enhance our laws accordingly, to give law 
enforcement officials what they need; but let us not give them more 
than what they need.
  This bill puts us on a dangerous path. There are over 150 provisions 
in this bill that are noncontroversial, that everybody agrees on, that 
will help track down terrorists and criminals; but there are a few 
provisions that so cross the line that they threaten our privacy and 
our civil liberties and do not make us safer.
  We can defend our country; we can protect our people without trashing 
the Constitution.
  With that, Madam Speaker, I urge my colleagues to vote ``no'' on this 
bill.

[[Page 28284]]

  Madam Speaker, I yield back the balance of my time.
  Mr. GINGREY. Madam Speaker, I will close this debate by again 
thanking Chairmen Sensenbrenner and King for their work on this 
important conference report.
  This bill is a testament to our open legislative process. 
Conservatives, liberals, moderates, Democrats, Republicans, 
Independents, the ACLU, the Department of Justice and various other 
organizations have all had the opportunity to voice their thoughts and 
concerns on the underlying bill.
  I believe, Madam Speaker, the final product is solid and legal, does 
not violate our constitutional rights guaranteed by the fourth 
amendment, and will serve as an important framework to fight terrorism, 
protect civil liberties and thereby further strengthen America.
  Again, I want to encourage all of my colleagues on both sides of the 
aisle to support both the rule and the underlying bill.
  Madam Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                              {time}  1215

  Mr. SENSENBRENNER. Madam Speaker, pursuant to House Resolution 595, I 
call up the conference report on the bill (H.R. 3199) to extend and 
modify authorities needed to combat terrorism, and for other purposes.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mrs. Biggert). Pursuant to rule XXII, the 
conference report is considered read.
  (For conference report and statement, see proceedings of the House of 
December 8, 2005, at page 27826.)
  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. 
Sensenbrenner) and the gentleman from Michigan (Mr. Conyers) each will 
control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the conference report 
to accompany H.R. 3199 currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, my staff has prepared for me an opening statement on 
this bill, and I am going to put the opening statement in the Record 
and not read it, because after listening to the debate on the rule that 
was just concluded, the amount of misinformation and misleading 
information that has been placed in the Congressional Record relating 
to the USA PATRIOT Act is just absolutely astounding.
  First of all, let me say that when the original PATRIOT Act was 
enacted in October of 2001, there were expanded powers that were given 
to law enforcement in 16 sections, and I was the person that insisted 
upon a 4-year sunset being placed on each and every one of the powers 
of law enforcement that were expanded. I was successful in that effort, 
and we have had this sunset, during which time the Judiciary Committee 
has conducted vigorous oversight.
  I have heard allegations that have been made on the other side of the 
aisle that there has been no oversight by the Judiciary Committee and 
that we were lacking and that we were negligent in doing the oversight. 
Madam Speaker, this is the written record of the oversight that has 
taken place over the last 4 years. I would submit that there has been 
no other provision of current law that has been subjected to as 
extensive oversight as the Judiciary Committee has done on a bipartisan 
basis on the USA PATRIOT Act.
  How have we done this oversight? We have done this oversight through 
letters to the Department of Justice, usually cosigned by the gentleman 
from Michigan (Mr. Conyers) and myself. And when the Department of 
Justice has been nonresponsive, we have been like the crabby professors 
asking them to do it again and again until they get it right and to 
disclose the information that Congress is entitled to.
  The Judiciary Committee has done oversight through hearings beginning 
in 2003. Those records are open to the public. The Judiciary Committee 
and its Subcommittee on Crime, Terrorism and Homeland Security has done 
oversight through briefings. Those briefings have been open to Members 
of both parties.
  And when we came up to the reauthorization process, I would remind 
you, Madam Speaker, and the Members of the House of Representatives, 
that I strongly opposed a premature striking of the sunset or extending 
the sunset in the last Congress. And I said that, when the time came to 
do the reauthorization, the Judiciary Committee would deal with the 
reauthorization on a section-by-section basis. We did that. I fulfilled 
that promise. There were 12 hearings, and I am going to insert into the 
Record the chronology of those hearings and who testified at those 
hearings, many of whom were witnesses that the minority asked to have 
testify and who did.
  Now, what came out of this? It came out of the testimony, including 
participation by minority witnesses, that 14 of the 16 sunsetted 
sections were noncontroversial, and as a result, both the committee and 
this House and the other body made those sections permanent because 
there was no need for a sunsetted review. A few minutes ago, we heard 
allegations that this was irresponsible. The record shows that this was 
the responsible thing to do.
  The two sections that were passed in 2001 that were not made 
permanent related to section 215, the business records or so-called 
library provisions, and the so-called multipoint wiretaps or roving 
wiretaps in section 206. In both section 215 and in section 206, we 
have put in this conference report additional restrictions that protect 
civil liberties. They have been subjected to a 4-year sunset, as 
requested by the Senate, rather than the 10-year sunset in the House-
passed bill. And if anybody is interested in going into detail as to 
what those additional protections consist of, I will be happy to do 
that at a later time.
  The other provision that is sunsetted in this bill was not put in the 
original USA PATRIOT Act, it was put in the intelligence bill that was 
enacted about a year ago. That involved expanding law enforcement 
powers in the so-called lone wolf terrorist. That is also subjected to 
a 4-year sunset so we can see what happens in terms of how the Justice 
Department and law enforcement deals with the issues.
  Now, what did all of this oversight disclose? First of all, it 
disclosed that none of the 16 provisions where law enforcement powers 
were expanded has been declared unconstitutional by any Federal Court 
whatsoever. There was a finding of unconstitutionality relative to the 
National Security Letters provision of law. But the National Security 
Letters provision of law was not passed in the PATRIOT Act. It was 
passed in 1986, 15 years before September 11, in a bill that was 
written by a member of the other body who has been very critical of 
this conference report.
  We are concerned about National Security Letters. And this conference 
report, even though the National Security Letters provisions were not 
contained in the PATRIOT Act, put restrictions on National Security 
Letters so that there would be increased disclosure and a potential 
judicial review process.
  Now, we have heard an awful lot about delayed notification warrants, 
and we heard more complaints about them from people who are criticizing 
this conference report. I want to make it perfectly clear that all the 
PATRIOT Act did was to give law enforcement the authority to use a 
delayed notification warrant for terrorist purposes that law 
enforcement had had for drug trafficking and organized crime and 
racketeering. And in the case of the last two matters, the organized 
crime and

[[Page 28285]]

racketeering and drug trafficking, the United States Supreme Court has 
upheld delayed notification warrants as constitutional and not in 
violation of the fourth amendment.
  This conference report provides additional civil liberties protection 
in the area of the business records section, in the area of the delayed 
notification warrants section, in the area of the roving wiretap 
section, and in the area of National Security Letters. If it is voted 
down, all of these protections for civil liberties will go down with 
this conference report, and we will be back to the existing PATRIOT Act 
under the proposal that has been advocated by my distinguished ranking 
member from Michigan (Mr. Conyers) and members on the other side of the 
Capitol building.
  The PATRIOT Act has been a vital tool in the interception and 
prevention of terrorist activities, and if it is allowed to expire, the 
first consequence will be that the wall that prevented the CIA and the 
FBI from exchanging intelligence information prior to 9/11 will go back 
up. And if there is one thing the 9/11 Commission said repeatedly, it 
is that the stovepiping of intelligence information between various 
agencies of the Federal Government prevented our government from being 
able to try to connect the dots to see what the terrorists were doing 
before 3,000 people were killed on September 11, 2001.
  The consequence of letting the PATRIOT Act expire will be a boon to 
terrorists because they will be able to exploit all of the 
vulnerabilities in our legal system that allowed them to pull 9/11 off. 
And as a result, I do not think that that is the responsible thing to 
do.
  The Congress, and this House in particular, have three choices: One 
is to let the act expire, and back goes the wall, and we cannot use 
delayed notification warrants to figure out what the terrorists are 
doing, but we can for drug pushers and Mafia dons. We cannot try to get 
business records of terrorists doing business, whether it is at 
libraries or elsewhere. And those warrants, by the way, have to be 
issued by the courts, so there is judicial review before they are 
issued.
  The second thing is to extend the existing law, whether it is for 3 
months, as Mr. Conyers has proposed, or for a longer period of time, 
which means that all of the civil liberties protections that I have 
just described will not be in the law, and they will all be lost. And I 
think that would be a shame.
  Or we can pass the conference report. That is what we should do.
  Now, since the beginning of this country's history, we have given law 
enforcement and prosecutors a lot of discretion. And anybody who has a 
lot of discretion, whether it is the Attorney General of the United 
States or the cop on the beat, has the potential of abusing the 
discretion. There has not been an abuse of discretion in the PATRIOT 
Act. The Inspector General's reports to Congress on abuses of the 
PATRIOT Act that are required by the original law have said that there 
are none.
  Yes, there is the potential for abuse, and that is what oversight and 
the civil liberties protections that are contained in the original law 
and improved in this conference report is all about.
  The PATRIOT Act keeps us safer. It does not make us perfectly safe; 
it keeps us safer. The record here shows that civil liberties have not 
been trampled upon. The responsible alternative for the Congress to do 
is to pass this conference report. We should do so promptly.
  Madam Speaker, I rise in strong support of the conference report 
accompanying H.R. 3199, the ``USA PATRIOT Improvement and 
Reauthorization Act of 2005.''
  In the wake of the attacks of September 11, 2001, congressional and 
independent investigations showed that terrorists exploited historic 
divisions between the law enforcement and intelligence communities that 
prevented authorities from ``connecting the dots'' in time to avert the 
attacks. To address this vulnerability, broad bipartisan majorities in 
both Houses passed the PATRIOT Act to enhance investigatory tools 
necessary to detect and prevent terrorist attacks. Since its enactment, 
U.S. law enforcement and intelligence authorities have utilized these 
tools to gain critical knowledge of the intentions of foreign-based 
terrorists while preempting terrorist threats on our own soil. The 
PATRIOT Act has made America safer, but the threat has not receded. 
Without congressional passage of this conference report, key provisions 
of the PATRIOT Act will no longer be available to our law enforcement 
on January 1, 2006--two weeks away.
  It is crucial to note at the outset that H.R. 3199, which passed the 
House by a vote of 257-171, and the amendment to this legislation 
unanimously approved by the other body, underscore bipartisan and 
bicameral support for core provisions of the PATRIOT Act. There was 
broad agreement to make fourteen of the sixteen expiring provisions 
permanent, and the conference report does so. After exhaustive and 
comprehensive negotiations in which all conferees were provided an 
opportunity to extensively participate, the conference report sunsets 
these two provisions in four years.
  The conference report also contains vital provisions to reduce 
America's vulnerability to terrorist attack. The PATRIOT Act breached 
the ``wall of separation'' between law enforcement and the intelligence 
community; the conference report we consider today ensures that it will 
not be rebuilt.
  The PATRIOT Act strengthened the penalties for attacks against mass 
transportation systems and our Nation's airports; the conference report 
enhances these penalties to reflect the urgent threat that the London 
and Madrid attacks have underlined. The PATRIOT Act helped reduce 
terrorist funding sources, requiring terrorists to establish and rely 
upon criminal schemes to finance their murderous ambitions; the 
conference report adapts to this threat by enhancing penalties against 
narco-terrorism and other terrorist criminal enterprises.
  The conference report also addresses the clear danger to America's 
communities posed by methamphetamine. It restricts Internet and mobile 
vendor sales of the precursors necessary to produce methamphetamine, 
enhances criminal penalties for its sale and manufacture, targets large 
meth kingpins, and enhances tools necessary to stop meth trafficking 
across the southwest border. Passing these anti-methamphetamine 
provisions is vital, and I congratulate the gentleman from Indiana, Mr. 
Souder, for his leadership on this issue.
  Now let me talk about the process that has led to this point. When 
the House Judiciary Committee unanimously reported the PATRIOT Act in 
October of 2001, I pledged to rigorously examine its implementation to 
ensure that new law enforcement authorities did not transgress civil 
liberties. H.R. 3199, which passed the House by a wide margin on July 
21, 2005, reflected bipartisan congressional consideration consisting 
of legislative and oversight hearings, Inspector General reports, 
briefings, and Committee correspondence.
  This extensive record, a chronology of which I ask unanimous consent 
to submit for the record, has demonstrated that the PATRIOT Act is an 
effective tool against terrorists and other criminals. Of no less 
importance, the record shows that there is absolutely no evidence that 
the Act has been used to violate civil liberties. However, to curtail 
the potential of government overreach, the conference report contains 
important amendments and revisions. Specifically, the conference report 
contains additional judicial and congressional oversight of the use of 
multipoint wiretapping authority contained in section 206 of the 
PATRIOT Act.
  The conference report also clarifies and refines the use of delayed 
notice search warrants in section 213 of the legislation. It ensures 
that information likely to be obtained through section 215 of the 
PATRIOT Act are subject to a judicial review process that authorizes 
the judge to set aside or affirm a 215 order that has been challenged.
  The conference report establishes additional requirements on the 
utilization of National Security Letters, including congressional 
disclosure of the frequency of their use, and enhances congressional 
oversight of electronic and other types of surveillance. Many of these 
changes were requested by minority conferees, and the absence of any of 
their signatures on this vital conference report is disappointing.
  I also regret to note that in many ways, the bipartisanship that 
characterized passage of the PATRIOT Act in 2001 has yielded to the 
desire of some to engage in political hyperbole and partisan 
brinksmanship. Some have attempted to create the impression that the 
PATRIOT Act poses a greater threat to the American people than that 
presented by terrorism. These claims are not only false, the record 
clearly demonstrates that they are groundless and irresponsible.
  Madam Speaker, the security of the American people is a fundamental 
responsibility of Congress and an obligation that each of us

[[Page 28286]]

swears an obligation to uphold. I urge my House colleagues to support 
passage of this critical antiterrorism initiative and encourage the 
other body to send the conference report to the President for his 
signature before vital antiterrorism provisions contained in the 
PATRIOT Act expire at year's end.
  I wish to recognize the important contributions of the following 
staff who spent much of the last several months working on this 
historic legislation. From the House Committee on the Judiciary: Philip 
Kiko; Sean McLaughlin; Beth Sokul; Mindy Barry; Mike Volkov; and Robert 
Tracci. From the Senate Judiciary Committee: Mike O'Neill, Brett 
Tolman; Nick Rossi, Joe Matal, and Cindy Hayden. From the House 
Intelligence Committee, Chris Donessa--from the Senate Intelligence 
Committee, Brandon Milhorn. From the Department of Justice, William 
Moschella, Elisabeth Cook, Jim Baker, Matthew Berry, and David Blake.
  Madam Speaker, I provide for the Record the following document, which 
is a detailed listing of oversight hearings held on the USA PATRIOT 
Act:

 Oversight of the USA PATRIOT Act From October, 2001, to November, 2005

       (1) November 9, 2005, Department of Justice classified 
     briefing for Committee on the Judiciary staff on press 
     accounts of FBI use of NSLs;
       (2) October 25, 2005, Department of Justice classified 
     briefing for House & Senate Committees on the Judiciary and 
     Committees on Intelligence staff on press accounts of FBI use 
     of NSLs;
       (3) October 6, 2005, Department of Justice classified 
     briefing for Committee on the Judiciary Members and staff on 
     press accounts of mistakes in FBI applications to the Foreign 
     Intelligence Surveillance Court under the USA PATRIOT Act;
       (4) July 12, 2005, letter from Assistant Attorney General 
     William Moschella to the House Committee on the Judiciary 
     responding to July 1, 2005, letter regarding use of the USA 
     PATRIOT Act;
       (5) July 12, 2005, letter from Assistant Attorney General 
     William Moschella to the House Committee on the Judiciary 
     responding to May 19, 2005, letter regarding use of the USA 
     PATRIOT Act;
       (6) July 11, 2005, letter from Assistant Attorney General 
     William Moschella to Rep. Bobby Scott responding to questions 
     regarding use of the USA PATRIOT Act;
       (7) July 11, 2005, letter from Assistant Attorney General 
     William Moschella to the House Committee on the Judiciary 
     regarding use of the USA PATRIOT Act;
       (8) July 5, 2005, letter from FBI Director Meuller to 
     Senate Committee on the Judiciary responding to questions 
     regarding use of the USA PATRIOT Act;
       (9) July 1, 2005, letter from Assistant Attorney General 
     William Moschella to Rep. Bobby Scott responding to questions 
     regarding use of the USA PATRIOT Act;
       (10) July 1, 2005, letter from House Committee on the 
     Judiciary to the Attorney General regarding use of the USA 
     PATRIOT Act;
       (11) June 29, 2005, letter from Assistant Attorney General 
     William Moschella to the Senate Committee on the Judiciary 
     responding to April 5, 2005, letter regarding use of the USA 
     PATRIOT Act;
       (12) June 10, 2005, House Committee on the Judiciary 
     hearing on reauthorization of the USA PATRIOT Act;
       (13) June 8, 2005, House Committee on the Judiciary hearing 
     on reauthorization of the USA PATRIOT Act;
       (14) May 26, 2005, House Subcommittee on Crime, Terrorism, 
     & Homeland Security hearing on Material Witness Provisions of 
     the Criminal Code & the Implementation of the USA PATRIOT 
     Act; Section 505 that Addresses National Security Letters; & 
     Section 804 that Addresses Jurisdiction over Crimes Committed 
     at U.S. Facilities Abroad;
       (15) May 19, 2005, letter from House Committee on the 
     Judiciary to the Attorney General regarding use of the USA 
     PATRIOT Act;
       (16) May 10, 2005, House Subcommittee on Crime, Terrorism, 
     & Homeland Security hearing on the prohibition of Material 
     Support to Terrorists & Foreign Terrorist Organizations & on 
     the DOJ Inspector General's Reports on Civil Liberty 
     Violations under the USA PATRIOT Act;
       (17) May 10, 2005, Senate Committee on the Judiciary 
     hearing on continued oversight of the USA PATRIOT Act;
       (18) May 5, 2005, House Subcommittee on Crime, Terrorism, & 
     Homeland Security hearing on Section 212 of the USA PATRIOT 
     Act that Allows Emergency Disclosure of Electronic 
     Communications to Protect Life and Limb;
       (19) May 3, 2005, House Subcommittee on Crime, Terrorism, & 
     Homeland Security hearing on Sections 201, 202, 213, & 223 of 
     the USA PATRIOT Act & Their Effect on Law Enforcement 
     Surveillance;
       (20) April 28, 2005, House Subcommittee on Crime, 
     Terrorism, & Homeland Security hearing: Section 218 of the 
     USA PATRIOT Act--If It Expires Will the ``Wall'' Return?;
       (21) April 28, 2005, House Subcommittee on Crime, 
     Terrorism, & Homeland Security hearing: Have Sections 206 and 
     215 Improved Foreign Intelligence Surveillance Act (FISA) 
     Investigations?;
       (22) April 26, 2005, letter from Assistant Attorney General 
     William Moschella to Senator Dianne Feinstein responding to 
     April 14, 2005, letter regarding use of the USA PATRIOT Act;
       (23) April 26, 2005, House Subcommittee on Crime, 
     Terrorism, & Homeland Security hearing: Have Sections 204, 
     207, 214, & 225 of the USA PATRIOT Act, & Sections 6001 & 
     6002 of the Intelligence Reform & Terrorism Prevention Act of 
     2004, improved FISA Investigations?;
       (24) April 21, 2005, House Subcommittee on Crime, 
     Terrorism, & Homeland Security hearing on Crime, Terrorism, & 
     the Age of Technology--(Section 209: Seizure of Voice-Mail 
     Messages Pursuant to Warrants; Section 217: Interception of 
     Computer Trespasser Communications; & Section 220: Nationwide 
     Service of Search Warrants for Electronic Evidence);
       (25) April 20, 2005, Senate Subcommittee on Terrorism, 
     Technology, & Homeland Security hearing: A Review of the 
     Material Support to Terrorism Prohibition;
       (26) April 19, 2005, House Subcommittee on Crime, 
     Terrorism, & Homeland Security hearing on Sections 203(b) and 
     (d) of the USA PATRIOT Act and their Effect on Information 
     Sharing;
       (27) April 6, 2005, House Committee on the Judiciary 
     hearing with Attorney General Gonzales;
       (28) April 5, 2005, Senate Committee on the Judiciary 
     hearing on Oversight of the USA PATRIOT Act;
       (29) March 22, 2005, Department of Justice law enforcement 
     sensitive briefing for Committee on the Judiciary Members and 
     staff on the use of FISA under the USA PATRIOT Act;
       (30) September 22, 2004, Senate Committee on the Judiciary 
     hearing: A Review of Counter-Terrorism Legislation & 
     Proposals, Including the USA PATRIOT Act & the SAFE Act May 
     5, 2004, Senate Committee on the Judiciary hearing: Aiding 
     Terrorists--a Review of the Material Support Statute;
       (31) May 20, 2004, Senate Committee on the Judiciary 
     hearing on FBI Oversight: Terrorism;
       (32) April 14, 2004, Senate Committee on the Judiciary 
     hearing on Preventing & Responding to Acts of Terrorism: A 
     Review of Current Law;
       (33) February 3, 2004, Department of Justice briefing for 
     House Committee on the Judiciary staff on its views of S. 
     1709, the ``Security and Freedom Ensured (SAFE) Act of 
     2003,'' and H.R. 3352, the House companion bill, as both 
     bills proposed changes to the USA PATRIOT Act;
       (34) November 20, 2003, request by Chairmen Sensenbrenner & 
     Hostettler to GAO requesting a study of the implementation of 
     the USA PATRIOT Act anti-money laundering provisions. Report 
     was released on June 6, 2005;
       (35) October 29, 2003, Department of Justice classified 
     briefing for Committee on the Judiciary Members & staff on 
     the use of FISA under the USA PATRIOT Act;
       (36) September 10, 2003, Senate Subcommittee on Terrorism, 
     Technology, & Homeland Security hearing on Terrorism: Two 
     Years After 9/11, Connecting the Dots;
       (37) August 7, 2003, Department of Justice briefing for 
     House Committee on the Judiciary Members and staff regarding 
     the long-standing authority for law enforcement to conduct 
     delayed searches & collect business records & the effect of 
     the USA PATRIOT Act on those authorities;
       (38) July 23, 2003, Senate Committee on the Judiciary 
     hearing on Law Enforcement & Terrorism;
       (39) June 13, 2003, letter from Assistant Secretary for 
     Legislative Affairs at the Department of Homeland Security, 
     Pamela J. Turner, to the House Committee on the Judiciary 
     responding to questions regarding the USA PATRIOT Act;
       (40) June 10, 2003, Department of Justice classified 
     briefing for Committee on the Judiciary Members & staff on 
     the use of FISA under the USA PATRIOT Act;
       (41) June 5, 2003, House Committee on the Judiciary hearing 
     on the U.S. Department of Justice, including its use of the 
     provisions authorized by the USA PATRIOT Act;
       (42) May 20, 2003, House Subcommittee on the Constitution 
     hearing: Anti-Terrorism Investigations and the Fourth 
     Amendment After September 11th: Where and When Can Government 
     Go to Prevent Terrorist Attacks;
       (43) May 13, 2003, letter from Acting Assistant Attorney 
     General, Jamie Brown to the House Committee on the Judiciary 
     responding to questions regarding the USA PATRIOT Act;
       (44) April 1, 2003, letter from the House Committee on the 
     Judiciary to the Attorney General regarding use of the USA 
     PATRIOT Act;
       (45) October 9, 2002, Senate Subcommittee on Terrorism, 
     Technology, & Homeland Security hearing: Tools Against 
     Terror: How the Administration is Implementing New Laws in 
     the Fight to Protect our Homeland;
       (46) September 20, 2002, letter from Assistant Attorney 
     General, Daniel Bryant, to the House Committee on the 
     Judiciary responding to questions regarding the USA PATRIOT 
     Act;

[[Page 28287]]

       (47) September 10, 2002, Senate Committee on the Judiciary 
     hearing on the USA PATRIOT Act in Practice: Shedding Light on 
     the FISA Process;
       (48) August 26, 2002, letter from Assistant Attorney 
     General, Daniel Bryant, to the House Committee on the 
     Judiciary responding to questions regarding the USA PATRIOT 
     Act;
       (49) July 26, 2002, letter from Assistant Attorney General, 
     Daniel Bryant to the House Committee on the Judiciary 
     responding to questions regarding the USA PATRIOT Act;
       (50) July 25, 2002, Senate Committee on the Judiciary 
     hearing on the Department of Justice, including its 
     implementation of the authorities granted by the USA PATRIOT 
     Act;
       (51) June 13, 2002, letter from the House Committee on the 
     Judiciary to the Attorney General regarding use of the USA 
     PATRIOT Act;
       (52) April 17, 2002, Senate Subcommittee on Administrative 
     Oversight and the Courts hearing: ``Should the Office of 
     Homeland Security Have More Power? A Case Study in 
     Information Sharing;''
       (53) December 6, 2001, Senate Committee on the Judiciary 
     hearing on DOJ Oversight: Preserving our Freedoms While 
     Defending Against Terrorism;
       (54) December 4, 2001, Senate Committee on the Judiciary 
     hearing on DOJ Oversight: Preserving our Freedoms While 
     Defending Against Terrorism;
       (55) November 28, 2001, Senate Committee on the Judiciary 
     hearing on DOJ Oversight: Preserving our Freedoms While 
     Defending Against Terrorism; and
       (56) October 3, 2001, Senate Subcommittee on the 
     Constitution, Civil Rights, & Property Rights hearing: 
     Protecting Constitutional Freedoms in the Face of Terrorism.

  Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, if only what my good friend, the chairman, said was 
accurate, we would not be here to ask that this measure be turned down 
and that we pass a 3-month extension, as I have proposed and is in 
legislative form, so that the PATRIOT Act and intelligence reform would 
not be stymied.
  It is like coming to a meeting and we have forgotten all the things 
that most of the Members on my side of the aisle on the Judiciary 
Committee agreed with is wrong with the PATRIOT Act, but that we have 
ignored the fact that many other organizations are not for the PATRIOT 
Act.
  Now, what safeguards are being preserved is very interesting for me 
because the opponents of the PATRIOT Act, including seven States that 
have passed resolutions opposing parts of the PATRIOT Act and a number 
of communities that have done so, represent over 62 million Americans.

                              {time}  1230

  Additionally, numerous groups ranging across all parts of the 
political spectrum have come forward to oppose sections of the PATRIOT 
Act and demand that the Congress conduct more oversight, including the 
American Civil Liberties Union, the American Conservative Union, the 
American Immigration Lawyers Association, the American Library 
Association, the Center For Constitutional Rights, the Center For 
Democracy and Technology, Common Cause, Free Congress Foundation, Gun 
Owners of America, the Lawyers Committee For Civil Rights, the National 
Association for the Advancement of Colored People, the Criminal Defense 
Lawyers, People for the American Way, and numerous other groups 
concerned about immigrants' rights.
  And what about the more than six death penalty additions that have 
been put into this build with very, very few hearings. Is that 
something that somebody can hold forward as protecting the rights and 
improving the PATRIOT Act? I do not think so.
  And even worse has been the abuse of unilateral powers by the 
administration where since September 11 our government has detained and 
abused physically thousands of immigrants without time limits for 
unknown and unspecified reasons and targeted tens of thousands of Arab 
Americans for intensive interrogations. All this serves to accomplish, 
of course, is to alienate many of those Muslim and Arab Americans that 
would be working with us.
  So, Madam Speaker, there are two pictures of what happened in the 
Committee on the Judiciary. One is that the bill was made clearly 
worse, and we have some 92 pages of dissent about the bill itself, and 
much of it is still of course valid in terms of the conference report 
that we are examining today.
  I urge Members, we have been tricked once, the first time when the 
bill was substituted, and now we are about to be fooled again if 
Members do not read our dissents and the reservations that we have 
about the PATRIOT Act. It can be made better, and we would propose that 
that is exactly what happen today.
  Madam Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the gentleman 
from Michigan (Mr. Hoekstra), the distinguish chairman of the 
Intelligence Committee.
  Mr. HOEKSTRA. Madam Speaker, I rise in strong support of the 
conference report. Today, our country is at war. We are at war against 
a global enemy, the global enemy of terrorism. Beginning long before 
the 9/11 attacks, our citizens have faced potential threats to our 
safety and security at home within the United States for the first time 
since Pearl Harbor. We are reminded on a daily basis around the world 
that those threats are real, serious, and continuing.
  As chairman of the Intelligence Committee, I want to take this 
opportunity to remind my colleagues that the central purpose of this 
bill is to provide enhanced intelligence authorities to combat spies 
and terrorists within the United States. We have many national 
intelligence capabilities, but the authorities that are enhanced by the 
PATRIOT Act are among the most crucial because they protect the 
American people from terrorist threats here at home. They are a crucial 
part of our efforts to build a strong domestic national security 
capability within the FBI. I want to thank Chairman Sensenbrenner for 
his leadership in this conference and on this important legislation.
  The conference report under consideration today will make 14 of 16 
provisions of the PATRIOT Act permanent while also including sensible 
clarifications and improvements in many areas where there should be 
broad, bipartisan agreement.
  By the Justice Department's count, the bill adds 30 new safeguards to 
protect privacy and civil liberties. These include a clearer standard 
for obtaining certain business records, clarification that that 
authority may be subject to judicial review, and much more specific 
standards with respect to the use of national security letters and 
roving wire taps.
  In addition, the Congress will continue its close and continued 
oversight with the Intelligence Committee paying particular attention 
to the specific manner in which these authorities are used.
  Madam Speaker, this bill needs to be approved. I encourage my 
colleagues to support this conference report and work to keep America 
safe.
  Mr. CONYERS. Madam Speaker, I am delighted to yield 5 minutes to the 
gentleman from New York (Mr. Nadler), a subcommittee ranking member.
  Mr. NADLER. Madam Speaker, we are engaged in a serious war with 
terrorism. Unfortunately, we are going after the wrong targets. We are 
not protecting ourselves, but we are endangering our liberties.
  We are not doing anything or anything adequate about collecting the 
loose nuclear materials all over the former Soviet Union before they 
are smuggled to al Qaeda to make atomic bombs to attack us with. That 
costs money.
  We are searching 2 percent of the 6 million shipping containers that 
come into our country's ports every year, any one of which may contain 
a weapon of mass destruction; but to search them would cost money.
  We are not doing much about what the 9/11 Commission said was one of 
the most important things we should do, providing for 
intercommunicability between the first responders so police can talk to 
the fire and military. We are not doing that.
  What are we doing? We are violating the civil liberties of our people 
and making them think that we are protecting ourselves.

[[Page 28288]]

  Madam Speaker, this country has a great heritage of liberty. It also 
has an unfortunate history of violating that liberty whenever we get 
into a war, from the Alien and Sedition Act of 1798 to the Espionage 
Act of 1971, the Palmer Raids of 1919, the Japanese American Internment 
Act of World War II, the FBI's egregious COINTELPRO program against 
opponents of the Vietnam War. And now in this war, this administration 
has resorted to torture, to indefinite detention without trial, to 
evasions of the great writ of habeas corpus, to going back in some 
respects to before Magna Carta.
  What does this bill do? This bill continues in that tradition. It 
does some okay things. It continues breaking down the so-called wall 
between intelligence and police work. That makes sense. But it also 
invades our liberties in ways that are very unnecessary. Let me focus 
on two of them.
  Section 215, the so-called libraries provision, allows the government 
to get orders from a FISA court to search any records of any business 
of a library regarding a third party who never knows about the search. 
It does not require a showing of a particularized suspicion of the 
target as the fourth amendment would seem to require. It simply says 
that the government has to come up with a statement of fact showing 
there are reasonable grounds to believe the tangible things sought are 
relevant to an authorized investigation. Well, that is hardly 
restrictive at all. Relevant, almost anything can be relevant.
  Moreover, it says that the government's statements that the 
information sought is necessary to protect against international 
terrorism or clandestine intelligence activities are presumptively 
relevant if the person they pertain to may be an individual in contact 
with a subject or agent of a foreign power. Presumptively relevant, 
that means they do not have to prove it. They do not have to show 
probable cause. This destroys the fourth amendment requirement for 
search and seizures.
  Then you have the gag order. They cannot tell anybody about it. The 
Internet service provider or the library that is giving up all the 
information about what you read or who you talk to cannot tell you. You 
cannot move in court to quash it.
  Section 505, national security letters which have been held 
unconstitutional by two courts so far do not even require a FISA court. 
It is an administrative proceeding. It is not even a proceeding; the 
FBI simply says they want it, and they can get it. This is like the 
writ of assistance the British granted in 1761 which this is very 
similar to. That started the American Revolution. But after the FBI 
gets the information, you can protest the gag order. You can say I want 
to be able to tell somebody about it, but you can only say that if you 
can show that revealing that information is not harmful to the national 
security or diplomatic relations, but the government's statement that 
it is conclusive, so the court is a cipher. The court cannot make any 
judgments. There is no evidence. The government's statement is 
conclusive.
  This does not protect liberty; this destroys liberty. We ought to 
have real protections for our liberty. We ought to have put some 
procedural safeguards on these powers such as our entire tradition 
demands. To pass this bill with no sunset of section 505, with no 
procedural safeguards on these very intrusive provisions is to 
disregard our entire history of ordered liberty. I very much urge 
defeat of this bill so we can do it properly after further 
consideration.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the issue of national security letters was not in the 
PATRIOT Act that was enacted in 2001. They were enacted in 1986 in a 
bill that was written over in the other body.
  This conference report puts procedural safeguards into national 
security letters even though they are not a part of the PATRIOT Act 
that was passed in 2001. It makes changes to all NSL provisions, not 
just electronic communications as the Senate wanted. It permits 
disclosure of NSLs to legal counsel and those necessary to comply with 
the letter. That is not in the law now.
  It creates explicit access to judicial review of the government's 
request for records. It permits the reviewing court to modify or set 
aside the NSL if compliance would be unreasonable, oppressive or 
otherwise unlawful, the same standard for quashing a subpoena.
  It permits judicial review of the nondisclosure requirement. It 
creates a 5-year felony criminal penalty for unauthorized disclosures 
of NSLs with intent to obstruct an investigation or judicial 
proceeding, just like the obstruction of justice statute. The 1-year 
misdemeanor for disclosure without intent to obstruct, that is not in 
the conference reports. That is out.
  It requires the DOJ Inspector General to conduct two audits of the 
FBI's use of national security letters. One audit covers 2003 and 2004, 
the other 2005 and 2006. It requires the Attorney General and the 
director of national intelligence to submit to Congress a report on the 
feasibility of applying minimization procedures to NSL to ensure the 
protection of constitutional rights of United States persons, and it 
requires an annual public reporting on national security letters, 
including the aggregate number of requests made by the Justice 
Department for information concerning different U.S. persons.
  Now, national security letters are not subject to the sunset. They 
are in the earlier law. If the argument that has been advanced by the 
gentleman from New York succeeds, all of the protections I have just 
described go down the drain with the rest of the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. CONYERS. Madam Speaker, I yield myself 10 seconds.
  May I bring to the attention of the chairman of the Judiciary 
Committee that section 505 of the PATRIOT Act expanded the use of 
national security letters, so to say they are not in the bill would not 
be accurate.
  Madam Speaker, I yield 1\3/4\ minutes to the gentlewoman from 
California (Ms. Eshoo).
  Ms. ESHOO. Madam Speaker, I rise in opposition to this conference 
report.
  The PATRIOT Act provided new authorities, but it also modified long-
standing laws. One such change was the lowering of the standard for 
issuing government requests for financial, telecommunications credit, 
and other business records.

                              {time}  1245

  These requests commonly referred to as National Security Letters or 
NSLs are issued directly by the government agencies in national 
security investigations without the approval of a judge. Before the 
PATRIOT Act, the FBI and other issuing agencies had to show there was 
some nexus to an agent of a foreign power or terrorist. Post-PATRIOT 
Act, the government only has to show the request is relevant to an 
investigation. The lowering of this standard has resulted in an all 
time high in the number of NSLs issued.
  A recent Washington Post article alleged that over 30,000 National 
Security Letters have been issued by the FBI to businesses and private 
institutions across the Nation. Even more disturbing, the article 
alleged that records collected pursuant to NSLs are retained for an 
indefinite period of time, even when they are not of interest to 
investigators, and shared with other Federal agencies and the private 
sector.
  As a citizen, I am deeply disturbed by these allegations. As a Member 
of Congress, I am disappointed that we have missed a critical 
opportunity to get the NSL standard right. We have also missed the 
opportunity to ensure that NSL recipients have an opportunity to seek 
meaningful judicial review of the nondisclosure or gag requirements 
that accompany NSLs and further tailor the statutory framework to 
ensure that privacy and civil liberties are better protected.
  I will vote against the conference report. I think the precious 
balance of civil liberties and security are damaged here.
  Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the gentleman 
from Ohio (Mr. Chabot), the

[[Page 28289]]

distinguished chairman of the Subcommittee on the Constitution.
  Mr. CHABOT. Madam Speaker, today I rise in support of this conference 
report. And as a conferee, I want to specially thank Chairman 
Sensenbrenner for his leadership in negotiating the final details of 
this very important legislation.
  Our Nation continues to be threatened by radical terrorists, and it 
is critical that we take every step possible to prevent future attacks. 
Over the past 4 years, the PATRIOT Act has proven to be an effective 
tool in helping to accomplish this goal. But significant threats 
continue to exist, endangering the lives of U.S. citizens. With this in 
mind, it is imperative that detecting and disrupting terrorist activity 
before it occurs remain a top priority.
  It is also critical, however, that we maintain our commitment to 
protecting American civil liberties. When the House first considered 
the original PATRIOT Act, I was one of several on the Judiciary 
Committee who sought to include sunset provisions that would require 
Congress to reauthorize the legislation after conducting vigorous 
oversight.
  Well, the House Judiciary Committee has extensively reviewed the 
PATRIOT Act and its implementation. And over a 4-month period, it 
received testimony from 35 witnesses during 12 hearings on the PATRIOT 
Act. Furthermore, the committee conducted a nearly 12-hour markup of 
this legislation, including consideration of 43 amendments.
  As chairman of the Subcommittee on the Constitution, we have held 
PATRIOT Act oversight hearings in my subcommittee, and we remain 
committed to monitoring the implementation of this legislation through 
aggressive oversight. I am pleased that another 4-year sunset of the 
more controversial provisions and several additional safeguards to 
further protect civil liberties were included in the conference report, 
and I thank Chairman Sensenbrenner for that.
  The sunset provisions proved to be successful the first time around, 
and their renewal, coupled with new protections, helped strengthen our 
defenses against terrorism while demonstrating a strong commitment to 
civil liberties.
  The goal of our enemies is to destroy America and its allies. We must 
remain steadfast in our resolve to eradicate the plague of terrorism. 
This act does that.
  Mr. CONYERS. Madam Speaker, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Holt).
  Mr. HOLT. Madam Speaker, I thank the gentleman from Michigan for all 
of his good work and for yielding me the time now.
  I rise in opposition to the PATRIOT Act conference report. These 
provisions and many others have a deep impact on the freedoms and civil 
liberties of all Americans. Now, some will say we need these provisions 
to track down terrorists and build cases against them. But what is 
often unsaid is that these provisions will also be used against people 
who have committed no crime and who are completely innocent. It is 
because of that that the PATRIOT Act must be seen as something that 
affects all of us. Searching business records can sweep up people, most 
of whom are innocent. A small number of unnecessary intrusions can have 
a broadly chilling effect.
  Proponents of the PATRIOT bill before us will say that it is directed 
against terrorists, not law-abiding citizens. But they should try to 
tell that to Brandon Mayfield of Portland, Oregon.
  Mr. Mayfield, an attorney, was detained by investigators last year as 
a material witness under authority granted through the PATRIOT Act. 
They alleged that his fingerprints were found on a bag linked to the 
terrorist bombings in Madrid, Spain. More so-called evidence was 
collected when his residence was searched without his knowledge under 
Section 213. However, the investigators were wrong. The FBI has issued 
an apology for his wrongful detention. But this is small conciliation 
for a lawyer and Muslim American whose reputation was tarnished by the 
investigation.
  Of course, some mistakes will occur. But this bill strikes the wrong 
balance and makes those errors more likely. It also allows the fact, 
the very fact of such a search to remain undisclosed to the subject 
indefinitely.
  I urge my colleagues to oppose this flawed conference report and 
protect the liberties and freedoms of our citizens that are central to 
what it means to be an American.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Once again, there has been erroneous information presented to the 
House. The conference report on the delayed notification search warrant 
limits initial delayed notification to only 30 days unless the facts 
justify a later date. It permits extensions of up to 90 days unless the 
facts justify a later date and only upon the showing of need. And it 
has new reporting requirements on the use of delayed notification 
warrants.
  Now, the original PATRIOT Act did not have these time limits. The 
delayed notification was determined it could be for a long period of 
time by a magistrate judge, a judicial officer, not by law enforcement, 
but by a judicial officer in determining when the notification would 
take place.
  What I just described in the conference report is new language. It is 
limitations on how long a magistrate judge, a judicial officer, can 
delay notification of the warrants. You vote against this bill and you 
kill this bill, those limitations go down with the bill.
  Madam Speaker, I yield 2\1/2\ minutes to the gentleman from 
California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I was absent from 
this chamber for 16 years after serving for 10. The compelling reason 
for me to return was the events of 9/11. And one of the things that I 
thought I would never see in the House of Representatives is an Alice 
in Wonderland type atmosphere where just because you say something, you 
think it is true.
  The fact of the matter is, many of the complaints registered by my 
friends on the other side of the aisle are taken care of in this 
conference report. If you vote down the conference report, those 
sections that are not subject to sunset will continue on without any of 
the changes that the chairman has articulated. So the very arguments 
they are making against what they do not like about the law now should 
compel them to vote for this conference report because we make changes.
  Madam Speaker, it is the primary responsibility of government to 
protect the safety of its citizens. The PATRIOT Act tears down that 
wall, that artificial wall that existed between the intelligence 
community and the criminal justice enterprises. And what we did was we 
said it made no sense, it made us more vulnerable to attack.
  Some have said, look, these changes in the PATRIOT Act change what 
was current law. That is true because there was a need to do so. And 
some have argued all we need to do is to follow what has been the law 
in the past. The distinction that must be drawn is that, in the war on 
terrorism, it is not good enough to collect the evidence after a 
terrorist attack to try and bring people to justice. The imperative is 
to stop the terrorist attacks from occurring in the first place. That 
is why we have the differences in this law.
  Yes, there is a different standard. The standard is to allow us to 
stop the terrorist attacks in the first instance. We have, as a result 
of oversight, and I have attended every single hearing in the 
subcommittee and full committee, done unbelievable oversight, reviewing 
every bit of evidence that has been out there. There has not been one 
single example of abuse proven, not one. The IG report could not find 
it. We could not find it. I have been to every single hearing that we 
have had, been with every witness. They could not prove a one. But 
because we are concerned about the possibility of abuse, we have put at 
least 30 additional limitations into this conference report. And so 
really the question is, do you believe in

[[Page 28290]]

the essential foundation of the PATRIOT Act which makes changes, 
recognizing that we are trying to stop terrorist attacks before they 
occur, rather than doing the regular criminal justice activity of 
collecting evidence after the fact. I am not willing to place my 
children and grandchildren in jeopardy by defeating this conference 
report.


                         Introductory Comments

  It is the primary responsibility of government to protect the safety 
of its citizens. The PATRIOT Act is a critical element in a strategy to 
provide law enforcement with the necessary tools to conduct 
antiterrorism investigations. This task is made all the more difficult 
in that unlike the traditional criminal case, our success will be 
measured by the ability to prevent a future terrorist attack.
  The 9/11 Commission report observed that ``The choice between 
security and liberty is a false choice, as nothing is more likely to 
endanger America's liberties than the success of a terrorist attack at 
home.'' Freedom presumes security. The converse is equally true. In the 
delicate balance of these important interests. our concern for liberty 
must not discount the consequences of a failure to keep Americans 
secure from a cataclysmic event. While it is important to avoid 
hyperbole on such a serious matter, the very nature of American life--
and the traditional regard for liberty--could itself be threatened.
  At the same time, it is the solemn responsibility of committees with 
oversight respon-
sibilities to be ever diligent to assure that government does not 
overstep the proper limits of its authority in implementing the PATRIOT 
Act.
  In this regard, in our oversight of the PATRIOT Act, the Judiciary 
Committee conducted 13 hearings and there was no finding of abuse. This 
was evidenced by the fact that opponents of the act resorted to attacks 
on the circumstances at Guantanamo, and the Creppy memo--issues related 
to the wider war on terrorism but unrelated to the PATRIOT Act itself.


      Comments on Provisions Further Strengthening the PATRIOT Act

  The conference report contains a number of provisions which maintain 
the integrity of those key provisions necessary to combat terrorism, 
while at the same time strengthening the protection of civil liberties:
     Section 102 (sunset provisions)
  As the author of the 10-year sunset provisions in the House bill 
relating to section 206, roving wiretaps, and section 215, access to 
business records the final language in the conference report responds 
to the critics of the legislation. The conference report contains the 
Senate language of 4-year sunsets of these same provisions and extends 
the sunset language to the ``lone wolf' provisions of the bill as well.
     Section 106 (215 business records)
  The conference report language relating to business record access 
includes additional protections not contained in current law.
  The conference report explicitly provides for judicial review of any 
section 215 order.
  If the documents sought pertain to sensitive categories of records--
such as library, bookstore, tax returns, firearms sales, educational 
and medical records--the FBI Director, Deputy Director, or the official 
in charge of intelligence must personally sign off on the application 
before it can be submitted to the court.
  The conference report requires that the application to the FISA court 
must include ``a clear statement of the facts'' that demonstrate 
reasonable grounds to believe the tangible things sought are relevant 
to the investigation.
  The conference report requires the use of so-called minimization 
procedures to regulate the retention and dissemination of information 
concerning United States persons and the protection of privileged 
documents.
  The conference report makes it explicit that a recipient of an order 
has the right to disclose receipt to an attorney or other parties 
necessary to comply with the order.
     Section 108 (206 roving wiretaps)
  Section 108 of the conference report imposes several additional 
safeguards on the use of roving surveillance:
  The conference report requires that the order describe the specific 
target in detail when authorizing a roving wiretap for a target whose 
identity is not known.
  The conference report specifies that the FISA court must find that 
the possibility of the target thwarting surveillance is based on 
specific facts in the application.
  The conference report requires investigators to inform the court when 
``roving'' surveillance is used to target a new facility--such as when 
a terrorist or spy changes to a different cell phone.
     Section 114 (sec. 213 delayed notice search warrants)
  As the former chief law enforcement officer of my State of 
California, I want to first of all emphasize that delayed notice search 
warrants are not an invention of the PATRIOT Act. The delayed notice 
search warrant has been available to California law enforcement for 
years.
  The conference report adds new safeguards relating to the use of 
delayed notice search warrants.
  The conference report places a limit of 30 days on an initial request 
or on a later date certain if the facts justify such a delay.
  Extensions of up to 90 days are possible unless the facts of a 
particular case justify a longer period.
     Sections 115-119 (national security letters)
  The language in the conference report provides for explicit judicial 
review of an NSL.
  The conference report provides that a recipient of an NSL may 
challenge any non-disclosure requirement in court.
  The report clarifies that a recipient may disclose receipt of an NSL 
to an attorney or other necessary party.


                               Conclusion

  There is a total absence of any evidence of abuse of the PATRlOT Act. 
Furthermore, the conference report adds further protections against any 
potential abuse of the law. The conference report represents a careful 
balance between our responsibility to protect Americans from terrorist 
violence, and our responsibility to avoid any potential violations of 
their civil liberties.
  The enactment of this legislation is critical to this endeavor. There 
are those who will attempt to come here for the sole purpose of 
murdering innocent Americans. It is our responsibility to keep this 
from happening. We must provide law enforcement with the necessary 
tools to carry out this task.
  Mr. CONYERS. Madam Speaker, I yield myself 15 seconds.
  Let me remind my friend who returned from his California duties to 
the Congress, did you hear the Brandon Mayfield case just recited by 
the gentleman from New Jersey? That was an abuse that we heard in the 
committee.
  Madam Speaker, I yield 2 minutes to the gentleman from Mississippi 
(Mr. Thompson), the ranking member on Homeland Security.
  Mr. THOMPSON of Mississippi. Madam Speaker, I thank the gentleman 
from Michigan for the time.
  Madam Speaker, I am opposed to the reauthorization of the PATRIOT 
Act. First, I do not believe many of the so-called law enforcement 
tools will make us any safer.
  I am probably one of a few Members of Congress who has been spied on 
by his own government. During the civil rights movement, an agency in 
the Mississippi State Government called the State Sovereignty 
Commission kept files on me and countless other people working for 
change.
  I might add that none of us did anything illegal other than just 
convene and talk about how we would change our State.
  From this experience, I have known that, when government has the 
authority to spy on its own people, it is almost always and will misuse 
that power.
  Nothing good will come from many of the tools in the PATRIOT Act, and 
I fear that it will lead to more misuse of power.
  It is too broad an authorization to continue to give the government 
these powers, such as to search the library records or to place roving 
wiretaps without a warrant that at least should say what phone is being 
tapped.
  I am also opposed to the conference report because it fails to 
include the provision in the House bill that would allocate more 
Homeland Security funds based on risk.
  The 9/11 Commission explicitly recommended that Homeland Security 
funds be allocated based on risk. The 
9/11 Commission members recently said that if the House funding 
measures were passed, Congress would have received an A grade instead 
of an F on fulfilling its recommendation.
  We must focus our scarce Homeland Security resources on areas that 
are most at risk of terrorist attack. We cannot yield to politics. We 
must fulfill the Commission's recommendation by passing the House 
proposal. Without that measure in this PATRIOT Act reauthorization, I 
cannot support it.
  Mr. SENSENBRENNER. Madam Speaker, I yield 1 minute to the acting

[[Page 28291]]

majority leader, the very distinguished gentleman from Missouri (Mr. 
Blunt).
  Mr. BLUNT. Madam Speaker, I thank the chairman for yielding and for 
the incredible hard work he has done to bring this bill to the floor, 
both to help create this legislation 4 years ago, to review it time 
after time after time for the last 4 years and to extend it into the 
future with the safeguards that have been discussed here on the floor 
today.
  In terms of the review process, I think the Attorney General today in 
some information he put out suggested that there were at least 23 
separate hearings last year of oversight, this is last year alone, of 
oversight on this act; witness after witness after witness called to 
testify about what was happening with the act. This oversight work that 
the chairman has been largely responsible for has made a difference in 
the way the law was implemented, has made a difference in the way we 
offer it to be extended today and has made a difference, frankly, in 
the safety and security of America.

                              {time}  1300

  There is nothing in this law, nothing in the law the last 4 years, 
nothing in the law as we look to the future that was not available to 
law enforcement for organized crime. What crime could be more organized 
than terrorism?
  No one has come up with a single instance where someone's rights were 
impacted by the PATRIOT Act, because of the PATRIOT Act. There is no 
evidence that there are problems, and we all could easily be aware of a 
number of instances, where there is no concern about the fact that the 
PATRIOT Act made a difference in the safety and security of America.
  Another thing that the chairman worked hard to put in this act is 
some legislation that I originally introduced that deals with the 
problem of methamphetamine, and methamphetamine does become a security 
issue. It particularly becomes a bigger issue as our borders become 
more secure. People turn to this drug as the drug for funding of 
illicit activities, as the drug of choice when imported drugs are not 
available. That is an important addition to the bill today.
  But the PATRIOT Act with two provisions that need to be reviewed in 4 
years, the PATRIOT Act with a Judiciary Committee and an oversight 
responsibility that will continue to be, as it has been, extensive in 
ensuring that the executive branch does what the PATRIOT Act intends it 
to do with the maximum protection for individual freedom and the 
maximum protection for the security of our Nation.
  We don't want to face 9/11 again, and we certainly don't want to face 
a 9/11 that could have been prevented. If the law enforcement 
techniques and tools that are available for organized crime continue to 
be available for terrorism, this allows that to happen.
  I come to praise the chairman and his committee and to seek a ``yes'' 
vote on this bill today.
  Mr. CONYERS. Madam Speaker, I yield 2 minutes to the gentleman from 
Maryland (Mr. Ruppersberger), distinguished member of the Intelligence 
Committee.
  Mr. RUPPERSBERGER. Madam Speaker, the PATRIOT Act provided tools 
essential to identifying and tracking terrorists that were not 
available before the 9/11 terrorist attacks. At the time it passed, 
just 7 weeks after 9/11, there were concerns that some of the 
authorities were too broad and susceptible to abuse. The sensible 
proposal emerged to sunset 16 of the most controversial provisions.
  Sunsets matter. They forced the Justice Department and the American 
public to evaluate the appropriateness of, and need for, the PATRIOT 
Act. Without sunsets, Congress probably would not have undertaken the 
same review of key provisions this year and considered significant 
changes to the law.
  For those reasons I offered an amendment to extend the PATRIOT Act 
sunset during the Intelligence Committee markup of H.R. 3199. I am 
pleased this conference report includes 4-year sunsets on the most 
controversial provisions: 215 orders, 206 roving wiretaps, and the Lone 
Wolf provision.
  But additional steps, however, must be taken to ensure the right 
balance is struck between security and constitutionality. Congress must 
engage in vigilant oversight of the PATRIOT Act, national security 
letters, and other authorities granted to law enforcement and 
intelligence agencies. I am committed to doing my part as a member of 
the House Select Intelligence Committee to ensure proper oversight 
occurs.
  Mr. SENSENBRENNER. Madam Speaker, I yield 2 minutes to the gentleman 
from Arizona (Mr. Flake).
  Mr. FLAKE. Madam Speaker, I thank the chairman for yielding me this 
time.
  I want to commend him for a great process here. Often we do not have 
a deliberative process when we pass major pieces of legislation. That 
is not the case here. We had 12 hearings over a year on these 
provisions, and I want to point out what the chairman has already said, 
that we are not just dealing with those sections that are sunsetted but 
we are dealing with those that are not as well. We had some substantive 
reforms to the NSL process.
  After the passage of the first PATRIOT Act, I and others formed the 
PATRIOT Act Reform Caucus because we felt we needed additional 
protections. That process yielded about a half dozen amendments which 
we offered during the House version of the bill, and each of those 
amendments was accepted and remains part of the legislation. One 
amendment that we dealt with during consideration of the House bill 
clarified that a recipient of an NSL, or national security letter, may 
discuss the NSL with his or her attorney and may disclose that request 
to an individual whose help is necessary for compliance with the NSL. 
That is an important safeguard.
  And for those who say there is a gag rule that prohibits people from 
even mentioning the NSL, that is no longer true. If an NSL is 
challenged, it requires a recertification by either the FBI Director or 
another official confirmed by the Senate. This reform increases 
accountability in using NSLs, and it clarifies that judicial review 
exists and challenges to both the NSL and the prohibition on disclosure 
are now allowed. It also, as the chairman mentioned, establishes 
additional reporting requirements to the House and Senate Judiciary and 
Intelligence Committees on the frequency and use of NSLs. These are 
commonsense reforms and clarifications.
  In addition to these safeguards on NSL authorities, the 
reauthorization also will add significant safeguards in a number of 
other areas, as the chairman mentioned. There are now strict time 
limits for those who are put on delayed notification as well as new 
reporting requirements to the House and Senate Judiciary Committees.
  Madam Speaker, these are reforms that are important, and I am happy 
to support it, and I hope that we will codify these in the bill.
  Mr. CONYERS. Madam Speaker, I yield myself 3 minutes.
  I want to quote from a letter that was sent to Chairman Sensenbrenner 
from the American Library Association, its president, indeed, Michael 
Gorman, and a copy to myself.
  It says: ``Dear Mr. Chairman, I am writing on behalf of the American 
Library Association to express our opposition to the conference report. 
We are deeply disappointed that the conferees did not take this 
opportunity to heed the concerns of library users across this country 
and to restore protections for records of library use that were 
stripped away by the PATRIOT Act'' itself.
  It ``does not seriously address any of the library community's 
concerns with section 215. It does not require a factual connection 
between the records sought and a terrorist or terrorist organization.
  ``The report also leaves in place the USA PATRIOT Act standards for 
national security letters'' and would ``allow the FBI to continue its 
unfettered reach into the personal electronic records of the public, 
including records of their use of the Internet through computers in 
libraries. Worse, it adds a criminal penalty for noncompliance

[[Page 28292]]

with the order and for a knowing violation of the gag order. And while 
adding an ability to challenge the secrecy of a national security 
letter on the one hand, it takes it away with the other by requiring 
the court to accept, as conclusive, the government's assertion of harm 
to national security . . . ''
  Madam Speaker, this is the clearest description from the president of 
the American Library Association, supported by thousands of 
professional librarians from one end of the country to the other.
  Please, let us not buy into the fact that this is a new and improved 
version of the PATRIOT Act. With the death penalties arbitrarily added, 
it is a definite reversal, a downward, backward movement in which the 
PATRIOT Act becomes meaner and less democratic and is far more 
dangerous for people who get caught up in these things who are innocent 
Americans. Please join us in sending this bill back to committee and 
supporting my measure that would allow for a 3-month period of time for 
us to improve the bill.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the gentleman from Michigan talked about the 
conclusive presumption provisions on national security letters that are 
contained in the conference report as well as the requirements that 
have been changed relative to section 215, which is the business 
records or library provisions.
  I would just point out that both the NSL provision and the section 
215 provision in this respect were the language in the Senate bill that 
passed unanimously. And everybody here has been saying that the Senate 
bill is great and the conference report is not. But if the Senate bill 
was great, now they are attacking two provisions in the Senate bill. 
They cannot have it both ways. What we did in the conference report is 
responsible.
  With respect to section 215, I wish that the Library Association had 
read it, because it requires the statement of facts in an application 
to the court that issues the 215 order to show reasonable grounds to 
believe that the records are relevant to an authorized investigation. 
The Senate's language. Then it creates a presumption in favor of 
records that pertain to a foreign power or an agent of a foreign power, 
activities of a suspected foreign power who is the subject of an 
authorized investigation, or an individual in contact with or known to 
a suspected agent of a foreign power who is the subject of an 
authorized investigation.
  Now, all of these people are presumably bad folks that want to commit 
a terrorist attack, and I do not think we should make the libraries or 
any other place off limits to an investigation to try to see who is 
trying to blow innocent people up.
  Madam Speaker, I yield 2 minutes to the gentleman from Indiana (Mr. 
Souder), who is the author of the methamphetamine section of this bill.
  Mr. SOUDER. Madam Speaker, I thank the chairman for his cosponsorship 
and his leadership in making sure that this meth bill can pass this 
bill in the form of passing a conference report, which is the only real 
way to get this done. I also want to say briefly that I support section 
215, which amends the Import and Export Act to make sure that we can 
have better prosecution methods.
  Eighteen of the 40 major organizations that are involved in terrorism 
also deal in narcotics. The Methamphetamine Act is the single, first 
comprehensive anti-meth bill that we have ever introduced in Congress, 
let alone passed in Congress. It is a sweeping anti-meth bill. It will 
require all pseudoephedrine and ephedrine products to be stored behind 
the counter or in a locked cabinet; impose a daily and monthly purchase 
limit; require purchasers to show ID and sign a logbook; and require 
training of all employees handling the product.
  It closes a number of loopholes in existing import, export, and 
wholesale regulations of meth precursor chemicals, including import and 
manufacturing quotas to ensure no oversupply leads to diversion; and 
regulation of the wholesale ``spot market.'' It requires reporting of 
major meth precursor exporters and importers. It would hold them 
accountable for their efforts to prevent diversion to meth production. 
It toughens Federal penalties against meth traffickers and smugglers. 
It authorizes the Meth Hot Spots program as well as increases funding 
for drug courts, drug endangered children programs, and programs to 
assist pregnant women addicted to meth. In addition, it has EPA 
environmental regulations.
  I want to thank Democrats and Republicans for all their bipartisan 
effort. This is something we did in a bipartisan way. This is our best 
chance to really get ahead of this epidemic that swept from Asia to 
Hawaii to California, the Northwest to the Plains, to the Great Lake 
States, is headed into the East and is into North Carolina, South 
Carolina, Pennsylvania, and New York and headed to the Atlantic Ocean. 
This is our attempt, a massive coordinated multicommittee that took 
many chairmen to do this, Senators Talent and Feinstein of the Senate 
to do this. I thank Chairman Sensenbrenner, I thank the leadership, 
because this is a big day for those of us who have been fighting the 
anti-meth cause.
  Mr. CONYERS. Madam Speaker, I yield myself 35 seconds.
  I want to give Chairman Sensenbrenner the benefit of the presumption 
of a doubt about this section 215 business. What happens in the report 
is it makes it easier to get library and other records under section 
215 by creating a presumption that records of anyone to come into 
contact with a suspected terrorist even accidentally, innocently, is 
relevant to an investigation.

                              {time}  1315

  Madam Speaker, what he has done is he has moved a part of section 215 
to another part of the bill, and that is why it does not operate that 
way.
  Madam Speaker, I yield 2 minutes to the gentleman from New York (Mr. 
Nadler), a ranking subcommittee member of the Judiciary Committee.
  Mr. NADLER. Madam Speaker, I want to make two points: One, the bad 
parts about section 215 and section 505 are not that, under certain 
circumstances, the FBI or other investigative agencies can get 
information from libraries. No one is proposing, as Mr. Sensenbrenner 
said, to say that libraries are totally sacrosanct.
  The bad part is that the FBI can get all this private personal 
information without any proper or adequate judicial review and then can 
tell them, shut up, do not tell the victim about it, and that gag order 
also operates without any real judicial review. That is the real issue.
  Secondly, the gentleman from Wisconsin is attempting to do something, 
I think, improper, and that is, he tells us you cannot change the 
PATRIOT Act. There are good things in this bill, things we need, which 
is true, but you have got to take it or leave it, because your 3-month 
extension I will not allow to go through. We will blackmail this House. 
If you do not pass the bill as is today, if it expires, there will be 
blood on your hands, because he and his side of the aisle will not 
allow a 3-month extension. Well, if there is fault, if there is real 
danger by not extending the PATRIOT Act, it is on that side of the 
aisle by refusing a 3-month extension so that we can get it right.
  This country should not be subjected to that kind of blackmail. The 
Senate has real questions. Many liberals, many conservatives, have real 
questions about this bill. It should be worked out, and if it takes an 
additional 3 months, let it be. But we, this House, should not be told, 
take it or leave it, because if you do not take it the way it is, we 
will not permit a 3-month extension; there will be dangers to the 
Republic. Without a 3-month extension, there will be blood on your 
hands.
  That is not the way to legislate. That is not proper procedure. That 
is not respectful of the Constitution. It is not respectful of the 
people of this country. It is not respectful of the Members of this 
House.
  Mr. CONYERS. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. Rohrabacher).

[[Page 28293]]


  Mr. ROHRABACHER. Madam Speaker, I rise in opposition to this 
conference report which would reauthorize the PATRIOT Act by making 
permanent the expansions of Federal police powers that were temporarily 
put into the original bill and sunsetted in that bill.
  I am unmoved by the argument that we can have faith that, in the 
future, that there will be proper oversight because there has been 
proper oversight so far in determining whether or not the new police 
powers that were put in the original PATRIOT Act were abused. Long 
after Mr. Sensenbrenner and myself and others are gone from here, these 
powers will remain, and Congress may not have that proper oversight.
  Let me note that the people in the pro-life movement should take note 
of what is happening here because the expanded police powers of the 
Federal Government will be used against them. Our second amendment 
friends already understand that. Proposition 187, the anti-illegal 
immigration group in California, the FBI went after them in the last 
administration.
  When you expand the police powers of the Federal Government, no 
matter how much oversight we might have today and say that power is not 
being abused, we have opened the door to abuse. That is not what our 
Founding Fathers had in mind. Our Founding Fathers said, only 
temporarily increase those powers in an emergency. Otherwise, deny 
those powers to the Federal Government.
  Mr. CONYERS. Madam Speaker, I am delighted to yield 1 minute to our 
leader, the gentlewoman from California (Ms. Pelosi).
  Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding, and 
thank you, Mr. Conyers, our ranking member on the Judiciary Committee, 
for being such an outstanding leader in protecting our civil liberties 
and also the national security of our country. I also extend that to 
the Democrats on the committee.
  First, let us be clear about what we are voting on today, Madam 
Speaker. We are not voting for the reauthorization of the PATRIOT Act 
in general. More than 90 percent of the PATRIOT Act is permanent law 
and includes many noncontroversial provisions that give law enforcement 
the tools they need. What is before us on the floor today is the 
extension of certain provisions which are controversial and have the 
potential for abuse.
  Madam Speaker, all of us support providing law enforcement officers 
with the tools they need to combat terrorism. In doing so, we must also 
preserve the balance between security and civil liberties and to 
recognize that not all of the tools law enforcement officers want are 
tools that they legitimately need.
  I cannot support the PATRIOT Act extension conference report because 
it does not secure the right balance between security and liberty. Our 
Founding Fathers knew well the importance of the balance between 
security and liberty. They led a revolution to secure liberty against 
an arbitrary power. They knew that you cannot have security without 
liberty and liberty without security in a democracy.
  As we consider this conference report, I ask every Member of 
Congress, indeed, every American, do you know if a National Security 
Letter has been issued about you, a letter to your phone company, your 
Internet provider, your bank, for wholesale collection of records that 
may include your personal information? This letter does not even have 
to specify that the specific records sought are connected to terrorism, 
and the recipients, you do not know if such a letter has been issued. 
You cannot know. You will never know.
  This is the same for every American, and any information, including 
your most sensitive personal data, along with that of thousands of 
American citizens gathered by these National Security Letter requests, 
will be held in perpetuity by law enforcement.
  The recipients, the bank, the phone company, the Internet provider, 
are not allowed to tell anyone they have received this letter about 
you. These are searches without any warrant and without any judicial 
supervision.
  Just think of it: You do not know, the recipient of the letter who is 
in possession of your information cannot tell you. You do not know, so 
you cannot challenge it, and the letter can be sent without 
demonstrating any relationship between the specific records sought and 
a connection to terrorism. This is a massive invasion of the privacy of 
the American people.
  This is not just some idle threat. The Washington Post reported last 
month that the FBI hands out more than 30,000 National Security Letters 
per year, a reported hundredfold increase over historic norms.
  How did this happen? When originally enacted, the PATRIOT Act was 
intended to be accompanied by Congressional oversight so that the 
implementation did not violate our civil liberties. Unfortunately, the 
Bush administration and the Republican Congress have been delinquent in 
the oversight of the PATRIOT Act. As we have seen with this massive and 
unprecedented scope of National Security Letters, the implications of 
the Republican failure of oversight are glaring and have a direct 
impact on every American. It is long past time for Congress to have 
real oversight.
  This conference has missed an opportunity to address the revelation 
of the widespread use of National Security Letters. We must have 
standards that clarify that there must be a connection to terrorism or 
to a suspected spy.
  Section 505 that covers the National Security Letters must now 
include a sunset. That is why I strongly support the request of Mr. 
Conyers for a 3-month extension so that conferees can reconvene, adopt 
the Senate bill, fix the National Security Letters and get it right. 
Our democracy requires no less.
  Another part of this legislation that requires the government to show 
some connection between the records sought is under the library 
provision and an individual suspected of being a terrorist or spy. Such 
a standard is needed to assure that fishing expeditions do not take 
place. Yet this standard is missing from the Republican conference 
report.
  The list of failures goes on. That is why I think it is important 
that we support the motion to recommit to adopt the Senate bill. If not 
that, then to follow Mr. Conyers' lead and take 3 months to do this 
right. Nothing less is at stake than the privacy, the civil liberties, 
really the essence of our democracy.
  We must always remember as we protect and defend the American people, 
we must honor the oath of office we take here when we are sworn in to 
protect and defend the Constitution and the civil liberties that it 
contains. We have an obligation to do that for the American people.
  Mr. CONYERS. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I thank Leader Pelosi for her very succinct and moving 
comments.
  At the close of this debate, I will offer a motion to recommit the 
conference report with instructions to recede to the Senate bill in its 
entirety. Not that the Senate bill is perfect, but it does a far better 
job at protecting civil liberties than the conference report by 
requiring that the documents and things collected through section 215 
have some connection to a suspected terrorist and providing meaningful 
judicial review of uses of that authority.
  What is wrong with that? The conference report makes sensitive and 
personal records even easier to get by making every innocent connection 
with a suspected terrorist presumptively relevant to a terrorist 
investigation.
  Now, the Senate bill also lacks a number of controversial and wholly 
unrelated provisions tacked on to the end of this bill. It does not 
have a lot of Christmas tree in it. Some 143 of the 216 pages of this 
bill have absolutely nothing to do with the PATRIOT Act.
  The chairman repeatedly admonished committee Democrats that we were 
not permitted to consider matters falling outside of the 16 expiring 
provisions of the PATRIOT Act, but on the floor and

[[Page 28294]]

in conference, this bill became a Christmas tree for random drug laws, 
Presidential succession amendments and Federal employee benefit 
changes.
  Some have argued that we must pass this bill now because it is the 
end of the session and it is so urgent. The House Republican leadership 
waited 3 months to appoint conferees. Where was the urgency then?
  The PATRIOT Act does not need to expire if this bill fails in the 
House or the Senate, which it should. My bill, H.R. 4506, extends the 
PATRIOT Act for 3 months so that conferees may go back and make a truly 
bipartisan and bicameral bill.
  Sunsets were a small step in the right direction but do not address 
the underlying problems. They are not a solution for bad law. We should 
instead be fixing the problems of the PATRIOT Act. Sunsets will be of 
no relief to those who will have their constitutional rights violated 
in the next 4 years and should prevent no one from voting against this 
bill and in favor of the motion.
  This measure before us, this conference report, is neither bipartisan 
nor bicameral. In fact, not a single Democrat in the House or in the 
other body would sign it. No one on this side has signed the conference 
report. It is the conservative House bill with window dressing.
  We should not let in the government sneak-and-peek provision for at 
least 30 days. The Senate bill and Federal courts allow a 7-day delay 
unless good cause is shown. And listen to these non-PATRIOT add-ons; it 
is a virtual Christmas tree: It alters the Presidential line of 
succession, criminalizes peaceful protest behavior, changes employment 
qualifications and benefits for Federal employees and expands the death 
penalty for non-terror related offenses.
  The Senate sticks to the real issues, so join me in a motion to 
recommit the conference report with instructions to recede to the 
Senate bill in its entirety.

                              {time}  1330

  Madam Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of my 
time.
  Madam Speaker, the gentleman from Michigan has said that he wants us 
to recede to the Senate, and that means that the Senate bill goes to 
the President as passed by that body. That means that there will be no 
provisions relative to control of methamphetamine. There will be no 
provisions relating to airline security or port security or mass 
transit security. The Inspector General's audits that are contained in 
the conference report will not go to the President, and the 
minimization procedures to get rid of extraneous material that might 
come into the presence of the government will also not be in the bill 
that goes to the President.
  Listening to the litany that has come from the gentleman from 
Michigan and folks on the other side of the aisle, you would think that 
Halloween is tomorrow, because there is an attempt to scare the 
American public. The PATRIOT Act had nothing to do with the detention 
of immigrants, indefinite intentions, invasion of habeas corpus, writs 
of assistance and warrantless wiretaps. The Brandon Mayfield case which 
has been cited by others on the other side of the aisle was relating 
not to the PATRIOT Act but a mistake in fingerprint identification.
  If we accept their argument, we ought to abolish the FBI fingerprint 
lab. That is irresponsible, as are most of their arguments. Vote down 
the motion to recommit. Keep the good parts in the bill. Pass a good 
bill, and let's make the American people safer.
  Mr. FARR. Madam Speaker, I rise in strong opposition to the PATRIOT 
Act Conference Report.
  Due to concerns about civil liberties infringement, I voted against 
the original PATRIOT Act in 2001 and the House PATRIOT Act 
Reauthorization Bill earlier this summer.
  The democratic fabric of this country was founded on checks and 
balances but the PATRIOT Act contains neither. In 1775, one of our 
Nation's true patriots, Benjamin Franklin, said ``They that can give up 
essential liberty to obtain a little temporary safety deserve neither 
liberty nor safety.''
  This legislation tramples on the essential liberties that our 
Founding Fathers wanted to ensure. They understood that lowering our 
civil liberties standards would not ensure safety; but it would 
undermine the relationship of this proud democracy with its citizens.
  I believe that the Founders of this country would be rolling in their 
graves to hear the claims this Administration and Republican Leadership 
make in the name of safety from terrorists.
  Do you really feel safer knowing that the government is allowed to 
investigate personal records without you knowing? Do you feel safer 
knowing that the government can issue blank wire tap orders without 
identifying the line, place or person it wishes to investigate? Do you 
really feel safer knowing that if you or your neighbor were accused 
that documents used against you would not be subject to judicial 
review? Do you really feel safer that your library records can be 
considered intelligence in an investigative report?
  I can not with a clean conscience support this bill which gives 
government unnecessary access to the lives of innocent Americans and 
tramples on their civil rights.
  Madam Speaker, I urge a ``no'' vote on this piece of legislation that 
flies in the face of our forefathers.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise today to 
address the many troubling issues associated with the reauthorization 
of the Patriot Act. Following the 9/11 terrorist attacks, this Congress 
was faced with the difficult task of revamping our intelligence system. 
However, the PATRIOT Act is flawed with over-reaching provisions that 
lack the safeguards to prevent abuse.
  Americans deserve a bill that successfully prevents attacks against 
our country, while protecting our Constitutional rights. We must 
address the authority this bill gives, and how it may negatively impact 
Americans.
  Most of the provisions within the PATRIOT Act are positive measures 
that successfully protect American citizens. However, we cannot ignore 
the provisions that create serious privacy and civil liberty abuses. 
These include:
  Permitting large-scale investigation of Americans for ``intelligence 
purposes.''
  Having minimal judicial supervision on wiretaps.
  Allowing the indefinite detention of non-deportable aliens, even if 
they are not terrorist suspects.
  The power to conduct secret searches without having to notify the 
target of the search.
  And the ability to designate domestic groups as terrorist 
organizations.
  America was built on the notion of strong protection for our privacy 
and civil liberties. Now is the time to protect our citizens from 
terrorism while putting forth meaningful reforms.
  Mr. MARKEY. Madam Speaker, I rise in strong opposition to the 
conference report on the USA PATRIOT reauthorization Act.
  As a member of the Homeland Security Committee since its creation 
almost 3 years ago, I understand the importance of providing our 
Nation's counter-terror and law enforcement officers with the 
capabilities to act aggressively to detect and deter terrorist attacks. 
As Co-Chairman of the Congressional Privacy Caucus, I remain concerned 
about government encroachments into the private lives of innocent 
Americans, which can undermine the principles of liberty, freedom of 
association and protection from unjust searches and seizures that have 
been embedded in our Constitution and culture.
  Clearly, the interests of security and privacy must be balanced. 
Unfortunately, this conference report does not strike the appropriate 
balance, and I cannot support it.
  The conference report fails to include essential privacy protections 
that had been included in the Senate version of this legislation. 
Specifically, the Senate-passed bill contained key safeguards not 
included in the conference report regarding the PATRIOT Act's use of 
so-called ``National Security Letters'' and ``business and library 
records''.
  Madam Speaker, as you know, National Security Letters are, in effect, 
a form of secret administrative subpoena. They are issued by Federal 
authorities, most often the FBI, without any court supervision, and 
recipients are prohibited from telling anyone that they have been 
served. These letters represent a counter-terror tool that must be 
carefully and judiciously used, provided their secretive nature outside 
the traditional judicial process. Unlike the Senate-passed bill, 
however, the conference report does not provide meaningful judicial 
review of a National Security Letter's gag order. The conference report 
requires a court to accept as conclusive the government's assertion 
that a gag order should not

[[Page 28295]]

be lifted, unless the court determines the government is acting in bad 
faith. Despite strong opposition to this provision, House Republicans 
refused to strip it out of the conference report. House Republicans 
also refused, as an alternative, to impose a sunset on National 
Security Letter authorities. Such a sunset provision would have ensured 
closer oversight of, and public accountability for, the use of National 
Security Letters.
  The conference report eliminated key protections in the Senate-passed 
bill regarding the ``business and library records'' provisions. Under 
the conference report, the government can compel the production of 
business and library records merely upon the showing that the records 
are ``relevant'' to a terrorism investigation. By contrast, the Senate-
passed bill required the government to show that the records have some 
connection to a suspected terrorist or spy. This is a commonsense 
protection that would not restrict government capabilities, but would 
prevent government overreaching and fishing expeditions.
  The House-Senate conference committee had an opportunity to adjust 
the PATRIOT Act's expiring provisions to protect the rights and 
liberties of all Americans more effectively. Regrettably, this 
opportunity was lost and the conference report we are considering today 
does not contain key privacy protections that had been included in the 
Senate-passed bill.
  I urge my colleagues to vote ``no'' on this conference report and 
support the Democratic substitute offered by Ranking Member Conyers, 
which strikes the proper balance between security and privacy.
  Mr. LEVIN. Madam Speaker, there is no question that Congress must 
give law enforcement the tools it needs to prevent terrorist attacks 
against the American people. When the Congress approved the PATRIOT Act 
4 years ago, we recognized that the serious nature of the threat 
required giving law enforcement broad new powers to help prevent it. 
There is also no question that the House and Senate should not allow 
the PATRIOT Act to expire on December 31. Indeed, nearly all of the 166 
provisions of the PATRIOT Act are already the permanent law of the 
land.
  Four years ago, the Bush administration and the Leadership of the 
House rushed the original PATRIOT Act through the House without full 
debate or the chance to make improvements to the bill. There is no need 
to rush an imperfect bill through the House today simply to accommodate 
a 6-week holiday recess.
  While the conference report makes a number of improvements to the 
measure the House approved last summer, further improvement is needed. 
In particular, I am disappointed that the bill before us does not 
include language to change how first-responder grants are allocated. We 
need to make the formula risk-based. Just last week, the bipartisan 
members of the former 9/11 Commission awarded Congress and the Bush 
administration a grade of F for our failure to distribute homeland 
security funds on the basis of risk. The 9/11 Commission made this 
recommendation 17 months ago. How can we continue to justify a first 
responder grant formula that awards Wyoming $37.94 per capita while 
Michigan--a key border State--receives just $7.87 per capita? If we're 
not going to fix this problem now, then when will we make this change?
  In a number of other areas, the Senate-passed version of the bill 
included key safeguards that were removed from the conference report. 
In particular, the Senate bill contained important protections relating 
to the business and library records provisions of the Act that have 
been so controversial with our constituents. The Senate-passed bill 
required the government to show that the records sought by the 
government have some connection to a suspected terrorist or spy. The 
standard contained in the conference report is much weaker. It would 
allow the government to compel the production of business or library 
records merely by showing that the records are ``relevant'' to a 
terrorism investigation.
  In addition, unlike the Senate-passed bill, the conference report 
fails to protect the records of innocent Americans collected by means 
of National Security Letters. The FBI now issues more than 30,000 
national security letters a year to obtain consumer records from 
communications companies, financial institutions, and other companies. 
These National Security Letters are issued without the approval of a 
judge and permanently bar recipients from telling anyone besides their 
lawyer that they have been served. Unlike the Senate-passed bill, the 
conference report does not provide for meaningful judicial review of 
the National Security Letter nondisclosure requirement. Under the bill 
before the House, the records collected under National Security Letters 
can be kept forever and even used for data-mining. We need better 
privacy safeguards in this area.
  I will vote against passage of this legislation today because I am 
convinced that we can write a better bill that safeguards both our 
vital security interests and basic American liberties. To that end, I 
have cosponsored legislation that calls for a three-month extension of 
the current PATRIOT Act to give Congress additional time to perfect 
this legislation. We should take the time we need to do the job right.
  Mr. STARK. Madam Speaker, I rise in strong opposition to H.R. 3199, 
the USA PATRIOT and Terrorism Prevention Reauthorization Act conference 
report. I would be violating my Oath to uphold the Constitution if I 
voted to unravel the very freedoms for which we're supposedly fighting.
  The PATRIOT Act criminalizes speech, protest and assembly while it 
removes the right to due process and a search warrant. For example, the 
formerly bedrock principle that government cannot spy on you unless it 
provides strong evidence of wrongdoing to a judge no longer exists in 
America. As a ``compromise'' in this bill, Americans can now talk to a 
lawyer when the FBI sends them a National Security Letter. These 
letters demand their medical, business or Internet records, and it is 
nearly impossible to get the request blocked.
  Madam Speaker, there is no room for compromise in the Bill of Rights. 
If the FBI wants to know what Web sites I visit, they should justify it 
to a judge beforehand just like anyone else. With 30,000 of these 
National Security Letters going out every year, up from 300 before the 
PATRIOT Act was enacted, this is much more than just an academic 
argument.
  While no amount of success in the war on terror could justify the 
PATRIOT Act, it is especially tragic that we have little to show for 5 
years of police-state tactics. The American people might be surprised 
to know that the median sentence for people convicted in terrorist 
investigations over the last 5 years was just 11 months. Most were 
convicted on technicalities having nothing to do with the PATRIOT Act. 
In other words, the war on terrorism is just an irrelevant excuse for 
the expanded power of government to find out what books you buy, send 
undercover agents to your community group meetings, or search your home 
without a warrant.
  The PATRIOT Act is a war on liberty to create a false sense of 
security. I urge my colleagues to join me in rejecting this underhanded 
ploy.
  Mr. CASE. Madam Speaker, as an original cosponsor of H.R. 3899, the 
Combat Methamphetamine Epidemic Act, and as a committed member of the 
Congressional Caucus to Fight and Control Methamphetamine, I rise in 
support of its passage, as Title VII in H.R. 3199, the USA PATRIOT 
Improvement and Reauthorization Act of 2005.
  I would like to thank Congressman Mark Souder, the chief sponsor of 
H.R. 3889, for his leadership in addressing our methamphetamine 
epidemic. Last year, Congressman Souder visited my district in order to 
fully understand first-hand the unique challenges we in Hawaii face, to 
hear of our efforts to keep drugs out of our homes and communities, and 
to see our successes in our fight against the scourge of crystal 
methamphetamine, ice. And he just returned to address the 2nd Annual 
National Methamphetamine Legislative and Policy Conference of the 
National Alliance for Model State Drug Laws, Congressman Souder has not 
just talked, but acted.
  We in Hawaii share many of the same concerns as others in our Nation 
in regard to the need to support drug control, education, prevention, 
and treatment efforts. However, our geographic isolation, not only from 
the contiguous United States but also from our neighbor islands to the 
island of Oahu, must be taken into account as we work to end the 
scourge of crystal methamphetamine.
  General drug abuse, of course, has plagued many of our communities 
for decades. To target what is needed to prevent this abuse now and in 
the future, we must first understand what causes it and then focus our 
efforts on overcoming those causes. And uniquely, it is up to our 
Federal Government to take the lead on the issue as it is the only 
entity with the resources and ability to coordinate the indispensable 
multi-pronged approach to stamping out drug abuse.
  Title VII of H.R. 3199 is essential in our efforts to address 
methamphetamine trafficking, both in the United States and abroad. It 
would classify pseudoephedrine, ephedrine, and phenylpropanolamine, the 
major methamphetamine precursor chemicals, as ``Scheduled Listed 
Chemicals.'' It would repeal the federal ``blister pack exemption'' 
that currently allows unlimited sales of pseudoephedrine pills. The 
bill would also require information sharing from importers on the 
``chain of custody'' from foreign manufacturer to U.S. shores of 
methamphetamine precursor chemicals. Title VII

[[Page 28296]]

would also strengthen Federal penalties against traffickers and 
smugglers.
  I look forward to continuing to work with my colleagues on both sides 
of the aisle on initiatives to provide the federal resources and 
support we need in our fight against methamphetamine.
  Mahalo, thank you, for this opportunity to express support for Title 
VII of H.R. 3199.
  Mr. BLUMENAUER. Madam Speaker, with the PATRIOT Act set to expire at 
the end of the year, Congress has once again missed an opportunity to 
narrow and tighten the legislation.I opposed the original PATRIOT Act, 
as it was rushed into law in the wake of 9/11, and I strongly oppose 
the current conference report. The conference report tries to appease 
both sides of the debate by extending sunsets on the two most 
controversial provisions, library records and ``roving'' wiretaps, 
while making 14 of the existing 16 provisions permanent thus limiting 
Congress' ability to exercise checks and balances. This is a step 
backwards.
  But for the existing sunset provisions, we would not have been 
exercising our oversight function for this sensitive area.
  It puts the administration on too long of a leash and does not force 
Congress to review and modify the act as needed. We can keep America 
safe without compromising our civil liberties.
  Ms. HARMAN. Madam Speaker, this vote on the PATRIOT Act 
reauthorization is tough; it is far from being the best bill it could 
be. But I will vote for it and want to explain why.
  Imagine a world in which terrorists make deals and connect with 
recruits on-line, in cabs, hotel lobbies or cafes all over the world. 
Communication is highly compartmentalized so few, if any, know what the 
big plans are. Sometimes, physical runners deliver messages to evade 
listening devices.
  Such a world is not the stuff of Hollywood movies. It is our 21st 
century world.
  The horrific events of September 11, and the more recent bombings in 
Bali, Britain, Jordan, Madrid, Morocco, Saudi Arabia and Turkey remind 
us that the terrorists are prepared to strike anywhere, at any time--
and with maximum destructive force.
  With this as a backdrop, it has been and remains my view that the 
PATRIOT Act tools are needed: to track communications by email and 
internet, including the use of internet sites in libraries; and to 
prevent and disrupt plots against us.
  Such powerful tools must be narrowly tailored to ensure that they do 
not violate the rights of innocent Americans. In reauthorizing the 
PATRIOT Act, Congress had an opportunity to refine the law, but this 
conference report reflects only modest improvements.
  Many of us in both bodies worked hard to make this conference report 
better. In the end, we asked for three things of critical importance.
  First, four-year sunsets on the most controversial provisions--
Section 215 orders; Section 206 roving wiretaps, and the Lone Wolf 
provision. This request was accepted.
  Second, dropping the 1-year criminal penalty on divulging that a 
National Security Letter has been received, even in a case where there 
is no intent to obstruct justice. This request was also accepted.
  Third, modifying the ``conclusive'' presumption that disclosure of an 
NSL would harm national security. The legislation properly establishes 
that recipients of NSLs have the ability to consult an attorney and 
challenge an NSL in a Federal court. But the ``conclusive'' presumption 
language makes it virtually impossible to challenge the ``gag'' order 
on recipients of NSLs. This is an important flaw in the bill and, 
sadly, our requested change was not accepted.
  To remedy this, several of us will introduce legislation to replace 
the ``conclusive'' presumption language with a ``rebuttable'' 
presumption, and to incorporate critical checks and balances on the 
``front end'' of the NSL process. Such changes will help ensure NSLs 
cannot be used as a ``back door'' for getting library circulation, 
medical, tax, educational or other sensitive records, and will help 
protect against other abuses. This legislation will also ensure 
Congress is finally provided with meaningful, detailed reports on NSLs, 
which are critical to effective oversight.
  Another flaw in the report is Section 215, commonly called the 
Library provision, which allows the government to gather a wide range 
of business materials, including library, medical and tax records. This 
section is tightened by requiring that the records must be ``relevant'' 
to a terrorism investigation. But the conference report should have 
explicitly required that the records be connected to a foreign power, 
or an agent of a foreign power--the traditional FISA standard.
  My refusal to sign the conference report was to protest the way the 
Conference was managed. Instead of taking a few additional days to 
craft a strong bipartisan report that strikes the best balance, the 
majority rushed to file this flawed report. That is why I have co-
sponsored HR 4506, to provide a 3-month extension of the PATRIOT Act to 
give the conferees additional time to bring to the floor a more 
carefully tailored bill with strong bipartisan support. But the 
majority insists we proceed today.
  My view of the PATRIOT Act is we need to mend it, not end it. Today 
we are mending it. Hopefully, soon, we will mend it further.
  Mr. HOLT. Mr. Speaker, I rise today in strong opposition to this 
conference report on the PATRIOT Act. Simply stated, Mr. Speaker, 
passing this conference report today will institutionalize an 
abridgment of the Bill of Rights.
  Like all of my colleagues, I support common sense measures that will 
help our law enforcement and intelligence organizations protect the 
American people. For example, I support the provisions of the PATRIOT 
Act that permit surveillance or physical searches in foreign 
intelligence investigations where the ``significant'' purpose of the 
action is to collect intelligence. I also favor the provisions that 
allow the sharing of foreign intelligence information with federal law 
enforcement agencies, or with intelligence, protective, immigration, or 
military personnel for their official use. These are useful and 
necessary provisions that have clearly benefited our intelligence and 
law enforcement counterterrorism efforts without endangering the civil 
liberties of Americans. However, the conference report before us today 
contains too many provisions and excludes too many others, making it 
impossible for me to support it in its current form.
  When this bill was on the House floor in July, I expressed grave 
concern about several provisions, including Section 213, which allows 
the so called ``sneak and peek'' searches in anyone's home, as well as 
Section 215, which allows investigators broad access to any record 
without probable cause of a crime. This bill has not improved with age.
  If passed, this bill would, among other things:
  Allow the ``sneak and peak'' searches to go on with no meaningful 
judicial review for at least 4 more years.
  Allow the government to spy on your library book checkout habits and 
possibly your conversations with your attorney for at least 4 more 
years.
  Allow secret eavesdropping and secret search orders that do not name 
a target or a location for at least 4 more years.
  This bill effectively guts the Fourth Amendment. Let me repeat that. 
This bill guts the Fourth Amendment.
  How can any American feel ``secure in their persons, houses, papers, 
and effects, against unreasonable searches'' if the Department of 
Justice can send agents into one's home without notice, either before 
or after the fact? True, this new version of the Act provides for a 90-
day maximum for notification of a subject that her or his dwelling or 
business has been searched, but it is weak protection that in effect 
allows the fact of a search to be concealed from the subject 
indefinitely.
  How can any American feel ``secure in their persons, houses, papers, 
and effects, against unreasonable searches'' if the government can 
demand access to privileged information, potentially including 
conversations between a citizen and his or her lawyer?
  How can any American feel ``secure in their persons, houses, papers, 
and effects, against unreasonable searches'' if the government is 
allowed to eavesdrop on a telephone conversation or secretly search a 
home or business and, in effect, fill in the names and locations on the 
search order later?
  The search powers that would be reauthorized for federal law 
enforcement are too sweeping and will receive too little oversight if 
this bill passes in its current form, and that is unacceptable, Mr. 
Speaker.
  Finally, this bill is significant for what it does not do: it fails 
to restructure the homeland security grant formula to a risk-based 
model.
  There is simply no excuse for a State like New Jersey to get a 
smaller percentage of homeland security grants than States that clearly 
are not at the same level of risk of being attacked. Homeland Security 
grant money should be distributed based on risk, not on politics. The 
House strongly supported changing the distribution formula so that 
States, like New Jersey, that face greater risk of terrorist attacks or 
other catastrophic events would get a greater share of the grant money, 
a viewed shared by Secretary Chertoff. Further, the members of the 9/11 
Commission recently reiterated their support for a change in the 
formula and said, ``it should be obvious that our defenses should be 
strongest were the enemy intends to strike--and where we are most 
vulnerable.''
  Failing to distribute these vital homeland security grants according 
to risk is like sending

[[Page 28297]]

hurricane preparedness funds to North Dakota. They may be well-
received, but sending them to a low-risk area comes at a price to parts 
of the country that need it more.
  The FBI and Department of Homeland Security have repeatedly warned of 
the threat to transportation and economic infrastructure targets in New 
Jersey, and we know from published press reports that Al Qaeda 
operatives have conducted surveillance activities against economic and 
other targets in New Jersey. Under this bill, New Jersey will not 
receive the Federal support it needs to harden these targets or full 
range of tools that our police and other first responders would require 
to respond should another 9/11-style attack occur. The conferees had a 
chance to correct this glaring weakness but they failed to do so, and 
if for no other reason, I urge my colleagues to vote no on this 
conference report.
  As President Woodrow Wilson said almost 100 years ago, ``liberty has 
never come from the government. Liberty has always come from the 
subjects of it. The history of liberty is the history of resistance. 
The history of liberty is a history of limitations of government power, 
not the increase of it.'' Today, we have made the mistake of ignoring 
history and increased the government's power at the expense of our 
citizen's liberty. This is a grave error, and it is why I will vote 
against reauthorization of the PATRIOT Act.
  Mr. SMITH of Texas. Madam Speaker, I support this PATRIOT Act 
conference report, and appreciate the time and effort Chairman 
Sensenbrenner has put into bringing it to the floor.
  We know Americans will continue to be a terrorist target as long as 
we stand for freedom and democracy. That lesson was learned on 
September 11, 2001.
  We must do everything legally possible to protect Americans from 
attack. This conference report helps law enforcement officials prevent, 
investigate, and prosecute acts of terror.
  The original PATRIOT Act was a long overdue measure that enhanced our 
ability to gather crucial intelligence information on the global 
terrorist network. It passed by a margin of 98-1 in the Senate and 357-
66 in the House.
  But certain provisions of the PATRIOT Act expire at the end of this 
year. This conference report renews many of those provisions and 
improves on the original legislation.
  It makes permanent the ability of law enforcement officials and 
intelligence officials to communicate about on-going investigations. It 
also makes permanent provisions that allow the government to do its job 
by obtaining warrants and gathering information during terrorism 
investigations.
  America is a safer country today than before September 11, 2001, 
because of the PATRIOT Act.
  Over 200 people in the United States have been charged with crimes 
tied to international terrorist investigations and have been convicted 
or have pled guilty because of the PATRIOT Act.
  Law enforcement and intelligence agencies must continue to have the 
powers they need to protect all Americans.
  I urge my colleagues to support this conference report.
  Also, I am placing in the Record an op-ed that appeared in the 
Washington Times on December 13, titled ``Preserving the PATRIOT Act.''

                       Preserving the Patriot Act

                       (By Frank J. Gaffney, Jr.)

       The proverbial rubber is about to meet the road. This week, 
     the U.S. Congress will determine if the U.S.A. Patriot Act--
     the most important domestic security legislation since 
     September 11, 2001--will be re-enacted in slightly weakened 
     form or allowed to lapse in a number of its key provisions.
       Since the consequences of the latter would be manifestly 
     detrimental to the War for the Free World, legislators 
     opposed to the Act have offered to extend it for a short 
     period--a gambit they hope will allow them to dumb it down 
     still further. But make no mistake: Additional delay and more 
     negotiations will not improve either the bill or the national 
     security. To the contrary, they likely would jeopardize both.
       That would be particularly true if the Patriot Act's most 
     vociferous critics on the Left and their less numerous (and 
     most unlikely) bedfellows on the Right get their way. They 
     tend to characterize the Act as an assault on the basic 
     freedoms enshrined in the Bill of Rights and have sought far-
     reaching changes in the tools it provides law enforcement to 
     detect and prevent terrorist plots inside the United States.
       In reality, the Patriot Act is an eminently sensible 
     overhaul of the government's antiquated counterterror 
     arsenal, an overhaul that reflects the realization we cannot 
     hope to fight a 21st-century war using 20th-century legal 
     instruments.
       Consider two elements critics have most insistently 
     demanded be repealed: (1) the socalled ``library records'' 
     provision (Section 215) and (2) the authorization of what 
     have been derided as ``sneak-and-peek'' search warrants (Sec. 
     213).
       The dust-up over government access to library information 
     is truly a manufactured controversy. For one thing, libraries 
     are not mentioned anywhere in the pertinent Patriot Act 
     provision. Moreover, law enforcement has been authorized for 
     decades in ordinary criminal cases to subpoena library 
     records (along with any other business records). This has not 
     had any noticeable effect on Americans' reading habits.
       The Patriot Act only made business records (including those 
     of libraries) available on roughly the same terms in national 
     security cases as they have long been in criminal cases.
       The reason should be obvious: It makes no sense to enshrine 
     libraries as safe havens for terrorist planning.
       In fact, as we now know, many of the September 11 hijackers 
     used American and European libraries to prepare the run-up to 
     the attacks. Relevant literature, including bomb manuals and 
     jihadist materials, have been staples of terrorism 
     prosecutions for more than a decade. Privacy extremists of 
     organizations like the American Civil Liberties Union (ACLU) 
     nevertheless have reacted to the Patriot Act's much-needed 
     business records law as if the Gestapo had seized office in 
     the United States.
       Similarly, the PATRIOT Act did not--as its critics would 
     have us believe--create new and unsavory ``sneak-and-peek'' 
     warrants. It does, however, allow agents to search premises 
     but delay notification of the search to subjects of a 
     terrorism investigation.
       The PATRIOT Act's notification provision is no different in 
     principle from the legal notice previously required to 
     persons intercepted in a court-ordered wiretap. In such 
     situations, notification of the target has routinely been 
     delayed for weeks or months after the eavesdropping ends.
       Doing so can be absolutely critical to the arrest and 
     prosecution of suspected perpetrators: Delayed notification 
     allows the government to complete its investigation without 
     giving the subjects a heads-up that would certainly cause 
     them to flee or destroy evidence.
       The PATRIOT Act, in the so-called ``sneak-and-peek'' arena, 
     established consistent standards federal courts must follow 
     in determining whether to permit delayed notification. 
     Previously, a hodgepodge of different rules were applied in 
     various jurisdictions. This is precisely the sort of fairness 
     and equal protection Congress should provide--yet, it has 
     been criticized sharply for doing so in the PATRIOT Act.
       On both the business records and delayed notification 
     sections of the PATRIOT Act (among others), the stance of the 
     American Civil Liberties Union and like-minded critics seems 
     to have an ulterior motive. They not only oppose such 
     legislation in the PATRIOT Act. They appear intent on 
     reopening settled case law on use of these authorities on 
     crimes unrelated to terror.
       Congress should not encourage, let alone facilitate, such 
     efforts by holding open the PATRIOT Act for further revision 
     and adulteration. The original PATRIOT Act as a whole 
     infringed only modestly on our civil liberties and did not 
     meaningfully intrude on the privacy rights of law-abiding 
     Americans. We need to keep in mind, moreover, that if its 
     precautions fail to prevent some future terrorist attack, we 
     are likely to see impassioned demands for greater security 
     measures at the expense of our freedoms. Since few, if any of 
     us relish that prospect, we need to ensure the PATRIOT Act 
     retains its core provisions and authorities--and remains an 
     effective tool for securing the home front in the War for the 
     Free World.

  Mrs. MALONEY. Madam Speaker, I rise in opposition to the conference 
report to H.R. 3199, the USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
  Unfortunately, this bill does not do enough to protect the civil 
liberties of innocent Americans. Clearly, preventing another terrorist 
attack should be our highest priority. However, it should not be done 
at the expense of the basic rights guaranteed by the Constitution, and 
that is what I fear we are doing today.
  Like the version of this legislation I voted against in July, this 
conference report would make permanent 14 of 16 provisions included in 
the original PATRIOT Act passed in 2001. I continue to have serious 
concerns about how this administration and future administrations could 
apply the provisions included in this bill. I simply do not believe 
that this body should relinquish its oversight duties. Many of these 
provisions should still have sunset clauses, and Congress should not be 
abrogating its responsibilities to review how these laws are being 
implemented.
  By agreeing to this conference report today, the House will 
effectively give up its oversight over sneak-and-peek searches, secret 
search orders, and surveillance authority provided by this bill given 
how little oversight we have had on these issues. Our constituents 
expect more from us. Why are oversight and an independent review so 
opposed?

[[Page 28298]]

  While I applaud the efforts of the conferees to reduce the extension 
of two key provisions relating to roving wiretaps, which allows taps on 
multiple phones and computers of a suspect, and business and library 
records from 10 years to 4 years, this legislation is woefully 
inadequate. My constituents are concerned that the government is 
watching them just because they are visiting their local library or 
bookstore. Under the PATRIOT Act, these records could be obtained with 
insufficient oversight by the courts or any independent review. Law 
enforcement should spend its time going after the terrorists, not using 
valuable resources reviewing the library records of innocent people. 
Unless we have an independent review, I know that I will not be 
satisfied that our rights are being protected.
  To make matters even worse, there are entirely new provisions in the 
conference report to expand the Secret Service's ability to restrict 
free speech by creating ``exclusion zones.'' These provisions were 
included in neither the House nor the Senate version of this bill. I 
would think that this expansion of the Secret Service's authority at 
the very least deserves serious consideration by this body, and should 
not be slipped in at the last minute without any hearings or markups.
  My constituents have legitimate concerns about the lack of 
independent, judicial oversight over the provisions included in the 
PATRIOT Act. We all want terrorists to be apprehended before they 
commit horrific acts of violence against innocent people. All we are 
asking is that we prevent unnecessary civil rights violations by 
ensuring that the administration is not abusing its powers. But this 
new provision is just the most glaring example of the lack of diligence 
that this Congress appears to have on protecting our rights.
  I am incredibly disappointed that throughout the entire debate on 
this legislation, the leadership of this House has refused even to 
discuss the topic of civil liberties, the very issue that makes this 
legislation so divisive. When the House debated this bill in July, the 
Rules Committee denied a bipartisan effort to debate an amendment 
offered by Representatives Christopher Shays, Tom Udall and myself that 
would have made the Privacy and Civil Liberties Board, created by the 
Intelligence Reform and Terrorism Prevention Act, more robust. This 
board would have been in line with what the 9/11 Commission envisioned 
when they issued their report. Today, 3 days before the 1 year 
anniversary of the signing of the Intelligence Reform and Terrorism 
Prevention Act, the Privacy and Civil Liberties Board has yet to hold 
its first meeting and the 9/11 Commission has given Congress and the 
President a D for our work implementing this board. It appears to me 
that Congress and the President refuses to even have a discussion about 
our civil liberties and are opposed to implementing commonsense 
protections. This bill is just another example of that.
  I urge my colleagues to vote against this conference report.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I join my many colleagues, 
many victims of terrorism, and many victims of racial and religious 
profiling in opposing this legislation, H.R. 3199, for several reasons. 
First, we never have been given the facts necessary to fully evaluate 
the operation of the underlying bill, the USA PATRIOT Act. Second, 
there are numerous provisions in both the expiring and other sections 
of the PATRIOT Act that have little to do with combating terrorism, 
intrude on our privacy and civil liberties, and have been subject to 
repeated abuse and misuse by the Justice Department. Third, the 
legislation does nothing to address the many unilateral civil rights 
and civil liberties abuses by the administration since the September 11 
attacks. Finally, the bill does not provide law enforcement with any 
additional real and meaningful tools necessary to help our Nation 
prevail in the war against terrorism. Since 2002, 389 communities and 7 
States have passed resolutions opposing parts of the PATRIOT Act, 
representing over 62 million people. Additionally, numerous groups 
ranging the political spectrum have come forward to oppose certain 
sections of the PATRIOT Act and to demand that Congress conduct more 
oversight on its use, including the American Civil Liberties Union, 
American Conservative Union, American Immigration Lawyers Association, 
American Library Association, Center for Constitutional Rights, Center 
for Democracy and Technology, Common Cause, Free Congress Foundation, 
Gun Owners of America, Lawyers' Committee for Civil Rights, National 
Association for the Advancement of Colored People--NAACP, National 
Association of Criminal Defense Lawyers, People for the American Way, 
and numerous groups concerned about immigrants' rights.
  I sit as ranking Democrat on the Subcommittee on Immigration, Border 
Security, and Claims. Of particular concern to me are a number of 
immigration-related provisions that cast such a broad net to allow for 
the detention and deportation of people engaging in innocent 
associational activity and constitutionally protected speech and that 
permit the indefinite detention of immigrants and noncitizens who are 
not terrorists.
  Among these troubling provisions are those that:
  Authorize the Attorney General, AG, to arrest and detain noncitizens 
based on mere suspicion, and require that they remain in detention 
``irrespective of any relief they may be eligible for or granted.'' (In 
order to grant someone relief from deportation, an immigration judge 
must find that the person is not a terrorist, a criminal, or someone 
who has engaged in fraud or misrepresentation. When relief from 
deportation is granted, no person should be subject to continued 
detention based merely on the Attorney General's unproven suspicions.
  Require the AG to bring charges against a person who has been 
arrested and detained as a ``certified'' terrorist suspect within 7 
days, but the law does not require that those charges be based on 
terrorism-related offenses. As a result, an alien can be treated as a 
terrorist suspect despite being charged with only a minor immigration 
violation, and may never have his or her day in court to prove 
otherwise.
  Make material support for groups that have not been officially 
designated as ``terrorist organizations'' a deportable offense. Under 
this law, people who make innocent donations to charitable 
organizations that are secretly tied to terrorist activities would be 
presumed guilty unless they can prove they are innocent. Restrictions 
on material support should be limited to those organizations that have 
officially been designated terrorist organizations.
  Deny legal permanent residents readmission to the U.S. based solely 
on speech protected by the first amendment. The laws punish those who 
``endorse,'' ``espouse,'' or ``persuade others to support terrorist 
activity or terrorist organizations.'' Rather than prohibiting speech 
that incites violence or criminal activity, these new grounds of 
inadmissibility punish speech that ``undermines the United States'' 
efforts to reduce or eliminate terrorist activity.'' This language is 
unconstitutionally vague and overbroad, and will undeniably have a 
chilling effect on constitutionally protected speech.
  Authorize the AG and the Secretary of State to designate domestic 
groups as terrorist organizations and block any noncitizen who belongs 
to them from entering the country. Under this provision, the mere 
payment of membership dues is a deportable offense. This vague and 
overly broad language constitutes guilt by association. Our laws should 
punish people who commit crimes, not punish people based on their 
beliefs or associations.
  In addition, the current administration has taken some deeply 
troubling steps since September 11. Along with supporting the USA 
PATRIOT Act, it has initiated new policies and practices that negate 
fundamental due process protections and jeopardize basic civil 
liberties for noncitizens in the United States. These constitutionally 
dubious initiatives undermine our historical commitment to the fair 
treatment of every individual before the law and do not enhance our 
security. Issued without congressional consultation or approval, these 
new measures include regulations that increase secrecy, limit 
accountability, and erode important due process principles that set our 
Nation apart from other countries.
  I cosponsored the Civil Liberties Restoration Act, CLRA, reintroduced 
from the 108th Congress by Representatives Howard Berman and William 
Delahunt, that seeks to roll back some of these egregious post-9/11 
policies and to strike an appropriate balance between security needs 
and liberty interests. The CLRA would secure due process protections 
and civil liberties for noncitizens in the U.S., enhance the 
effectiveness of our Nation's enforcement activities, restore the 
confidence of immigrant communities in the fairness of our government, 
and facilitate our efforts at promoting human rights and democracy 
around the world.
  While every step must be taken to protect the American public from 
further terrorist acts, our government must not trample on the 
Constitution in the process and on those basic rights and protections 
that make American democracy so unique.
  My ``safe havens'' amendment that relates to the civil forfeiture 
provision of 18 U.S.C. 981 and would add a section that would allow 
civil plaintiffs to attach judgments to collect compensory damages for 
which a terrorist organization has been adjudged liable, fortunately, 
was included in the text of the conference report as section 127:


[[Page 28299]]

       It is the sense of Congress that under section 981 of title 
     18, United States Code, victims of terrorists attacks should 
     have access to the assets forfeited.

  This language seeks to allow victims of terrorism who obtain civil 
judgment for damages caused in connection with the acts to attach 
foreign or domestic assets held by the United States Government under 
18 U.S.C. 981(G). Section 981(G) calls for the forfeiture of all 
assets, foreign or domestic, of any individual, entity, or organization 
that has engaged in planning or perpetrating any act of domestic or 
international terrorism against the United States, citizens or 
residents of the United States.
  The legislation, H.R. 3199, as drafted, fails to deal with the 
current limitation on the ability to enforce civil judgments by victims 
and family members of victims of terrorist offenses. There are several 
examples of how the current administration has sought to bar victims 
from satisfying judgments obtained against the government of Iran, for 
example.
  In the Sobero case, a U.S. national was beheaded by Abu Sayyaf, an 
AI-Qaeda affiliate, leaving his children fatherless. The administration 
responded to this incident by sending 1,000 Special Forces officers to 
track down the perpetrators, and the eldest child of the victim was 
invited to the State of the Union Address. Abu Sayyaf's funds have been 
seized and are held by the U.S. Treasury at this time. The family of 
the victim should have access to those funds, at the very least, at the 
President's discretion.
  Similarly, the administration barred the Iran hostages that were held 
from 1979 to 1981 from satisfying their judgment against Iran. In 2000, 
the party filed a suit against Iran under the terrorist state exception 
to the Foreign Sovereign Immunity Act. While a Federal district court 
held Iran to be liable, the U.S. Government intervened and argued that 
the case should be dismissed because Iran had not been designated a 
terrorist state at the time of the hostage incident and because of the 
Algiers Accords--that led to the release of the hostages, which 
required the U.S. to bar the adjudication of suits arising from that 
incident. As a result, those hostages received no compensation for 
their suffering.
  Similarly, American servicemen who were harmed in a Libyan sponsored 
bombing of the La Belle disco in Germany were obstructed from obtaining 
justice for the terrorist acts they suffered. While victims of the 
attack pursued settlement of their claims against the Libyan 
government, the administration lifted sanctions against Libya without 
requiring as a condition the determination of all claims of American 
victims of terrorism. As a result of this action, Libya abandoned all 
talks with the claimants. Furthermore, because Libya was no longer 
considered a state sponsor of terrorism, the American service men and 
women and their families were left without recourse to obtain justice. 
The La Belle victims received no compensation for their suffering.
  In addition, a group of American prisoners who were tortured in Iraq 
during the Persian Gulf war were barred from collecting their judgment 
from the Iraqi government. Although the 17 veterans won their case in 
the District Court of the District of Columbia, the administration 
argued that the Iraqi assets should remain frozen in a U.S. bank 
account to aid in the reconstruction of Iraq. Claiming that the 
judgment should be overturned, the administration deems that rebuilding 
Iraq is more important than recompensing the suffering of fighter 
pilots who, during their 12-year imprisonment, suffered beatings, bums, 
and threats of dismemberment.
  Finally, the World Trade Center victims were barred from obtaining 
judgment against the Iraqi government. In their claim against the Iraqi 
government, the victims were awarded $64 million against Iraq in 
connection with the September 2001 attacks. However, they were rebuffed 
in their efforts to attach the vested Iraqi assets. While the judgment 
was sound, the Second Circuit Court of Appeals affirmed the lower 
court's finding that the Iraqi assets, now transferred to the U.S. 
Treasury, were protected by U.S. sovereign immunity and were 
unavailable for judicial attachment.
  While the PATRIOT Act may not deserve all of the ridicule that is 
heaped against it, there is little doubt that the legislation has been 
repeatedly and seriously misused by the Justice Department. Consider 
the following:
  It's been used more than 150 times to secretly search an individual's 
home, with nearly 90 percent of those cases having had nothing to do 
with terrorism.
  It was used against Brandon Mayfield, an innocent Muslim American, to 
tap his phones, seize his property, copy his computer, spy on his 
children, and take his DNA, all without his knowledge.
  It's been used to deny, on account of his political beliefs, the 
admission to the United States of a Swiss citizen and prominent Muslim 
scholar to teach at Notre Dame University.
  Its been used to unconstitutionally coerce an internet service 
provider to divulge information about e-mail activity and web surfing 
on its system, and then to gag that provider from even disclosing the 
abuse to the public.
  Because of gag restrictions, we will never know how many times its 
been used to obtain reading records from library and book stores, but 
we do know that libraries have been solicited by the Department of 
Justice--voluntarily or under threat of the PATRIOT Act--for reader 
information on more than 200 occasions since September 11.
  It's been used to charge, detain and prosecute a Muslim student in 
Idaho for posting internet website links to objectionable materials, 
even though the same links were available on the U.S. Government's 
website.
  Even worse than the PATRIOT Act has been the unilateral abuse of 
power by the administration. Since September 11, our government has 
detained and verbally and physically abused thousands of immigrants 
without time limit, for unknown and unspecified reasons, and targeted 
tens of thousands of Arab-Americans for intensive interrogations and 
immigration screenings. All this serves to accomplish is to alienate 
Muslim and Arab-Americans--the key groups to fighting terrorism in our 
own county--who see a Justice Department that has institutionalized 
racial and ethnic profiling, without the benefit of a single terrorism 
conviction.
  Nor is it helpful when our government condones the torture of 
prisoners at home and abroad, authorizes the monitoring of mosques and 
religious sites without any indication of criminal activity, and 
detains scores of individuals as material witnesses because it does not 
have evidence to indict them. This makes our citizens less safe not 
more safe, and undermines our role as a beacon of democracy and 
freedom.
  Right now, H.R. 3199 is the most appropriate and timely vehicle in 
which to address this issue and allow U.S. victims of terrorism to 
obtain justice from terrorist-supporting or terrorist-housing nations. 
Madam Speaker, I oppose this legislation and ask that my colleagues 
work to negotiate real fixes to the sunsetted provisions.
  Mr. HYDE. Madam Speaker, I am very pleased with the conference 
report, H.R. 3199, to renew the PATRIOT Act. I want to thank and 
compliment all the conferees and the administration for bringing this 
about.
  By renewing this measure, we are continuing to provide our law 
enforcement agencies and the administration with many of the critical 
tools needed to combat global terrorism and protect America. Provisions 
of the PATRIOT Act have already been instrumental in warding off 
further terrorist attacks since 9/11, and they are responsible for 
helping to keep us safe here at home.
  In addition, the bill includes an added provision, which I authored, 
offering a new tool to attack the growing phenomenon of narco-
terrorism, with the proceeds of illicit drug funding and financing 
feeding the Foreign Terrorist Organizations, FTOs, and supporting acts 
of terrorism. Passage of the PATRIOT Act conference report will enhance 
Federal criminal law to effectively address the current reality, 
according to the Drug Enforcement Administration, of illicit drugs 
being linked to nearly half of the designated FTOs around the globe 
today.
  In this measure, my provision makes narco-terrorism, which involves 
both the illicit drug trade and support for terrorism, a Federal crime, 
and provides tough penalties that match the nature of such deadly and 
dual criminal activity.
  Our hardworking Drug Enforcement Administration will no longer be 
challenged to produce evidence of a nexus of these illicit drugs to the 
United States, if there is proof that the illicit drugs support FTOs or 
acts of terrorism.
  In Afghanistan, most of the heroin from illicit drug production goes 
to Europe, rather than here, and much of the profit then finances and 
supports anticoalition terrorists and attacks on our forces there. My 
provision will give us the tools to attack that drug-related support 
for terrorism and further protect America, our troops, and coalition 
forces on the ground in places like Afghanistan.
  Madam Speaker, I urge my colleagues to support the passage of the 
PATRIOT Act conference report.
  Ms. HART. Madam Speaker, I rise in Support of H.R. 3199, the PATRIOT 
Act reauthorization conference report.
  This is a balanced reauthorization--protecting civil liberties and 
extending the necessary provisions to help us fight the war on terror 
here at home.
  I want to thank Chairman Sensenbrenner for including a number of 
provisions from H.R. 3007 Combating Terrorism Financing Act.

[[Page 28300]]

  Funding is the lifeblood of terrorist organizations--if we are to 
prevent future attacks and continue to dismantle terrorist 
organizations we must deny them funding.
  Terrorist analysts often note that it is fairly inexpensive to carry 
out a single act of terror--for example, it is estimated that the 
attack on the World Trade Center cost only $500,000.
  Terrorist organizations need money not just to carry out such 
attacks; they also need funding to continue their operations such as 
recruiting and training new members and support their current members.
  One of the most important lessons we have learned is exactly how 
terrorists and other criminal organizations transmit money through 
unregulated financial markets.
  Like the patchwork of terrorist organizations and cells, terrorism 
funding does not come from a single source. Terrorist networks are 
funded through state sponsorship, charities and businesses fronting as 
legitimate institutions, and exploitation of markets and financial 
networks.
  The tough terrorism financing language in the conference report will 
increase penalties for terrorism financing.
  In addition, the bill will add new predicate money laundering 
offenses to allow law enforcement to investigate and dismantle 
terrorist financing organizations.
  Finally, the original PATRIOT Act added a new forfeiture provision 
for individuals planning or perpetrating an act of terrorism against 
the United States.
  The language in the conference report adds a parallel provision for 
individuals planning or perpetrating an act of terrorism against a 
foreign state or international organizations acting within the 
jurisdiction of the United States.
  The language in the conference report builds on our current laws, to 
address some of the shortfalls that we have learned about since 
September 11.
  Terrorists work to find the holes in our laws and we must make sure 
that we continue to be diligent to update them so that we can cut off 
terrorist funds and stop future attacks against us and our allies in 
the war on terror.
  Mr. SKELTON. Madam Speaker, the PATRIOT Act has been an important law 
enforcement tool in the years following the dastardly terrorist attacks 
on our country, and taken as a whole, the bill has enhanced our 
national security. The United States and our allies are fighting a war 
like no other. It is an unconventional war that must be met with 
unconventional tools used by law enforcement professionals to protect 
the American people from those who would do us harm.
  The PATRIOT Act provides federal officers greater powers to trace and 
intercept terrorists' communications for law enforcement and foreign 
intelligence purposes. It reinforces federal anti-money laundering laws 
and regulations in an effort to deny terrorists the resources necessary 
for future attacks. It tightens laws pertaining to seaport security. 
And, it creates several new federal crimes, such as laws outlawing 
terrorists' attacks on mass transit and increases penalties for many 
other violations of the law.
  As is true of any law that empowers the government to collect 
security-related information domestically, evaluating the PATRIOT Act 
requires us to weigh a wide range of competing interests, like the 
ability of our government to detect and thwart terrorist attacks and 
the constitutional rights of the American people. Of course, proper 
oversight of the PATRIOT Act by Congress is essential to guaranteeing 
our constitutional rights are not trampled.
  Important for Missouri, the PATRIOT Act Conference Report also 
includes bipartisan language that helps fight the scourge of 
methamphetamine abuse in America. This drug epidemic has been 
especially hard on rural areas. The bill bans over-the-counter sales of 
cold medicines that contain ingredients commonly used to make 
methamphetamine, allowing the sale only from locked cabinets or behind 
the counter. It limits the monthly amount any individual could 
purchase, requires individuals to present photo identification in order 
to purchase such medicines, and requires stores to keep personal 
information about these customers for at least 2 years after the 
purchase of these medicines. The bill also allows judges to impose 
strict sentences for those who possess pseudoephedrine with the intent 
to distribute it for methamphetamine creation.
  I urge my colleagues to support reauthorization of the PATRIOT Act.
  Mr. KENNEDY of Minnesota. Madam Speaker, from keeping our children 
safe to winning the war on terrorism, we face many challenges, but few 
are like meth, which threatens lives, safety and health, at great cost 
to all of us.
  I am pleased that this conference report contains many significant 
provisions that I have authored, including 4 enhanced criminal 
penalties originally introduced in the Kennedy-Hooley SLAM Act.
  It also contains a drug certification provision of mine that will 
stop the flood of meth from international superlabs.
  We must send a signal to the pushers of this poison that they are not 
welcome in our communities.
  Madam Speaker, this bipartisan legislation deserves the support of 
both bodies because it is a comprehensive response to the 
methamphetamine problem in America.
  It will send a strong signal that Congress is serious about fighting 
the scourge of meth.
  While the criminal penalties in this bill would be more effective if 
they were as tough as what were originally introduced, Chairmen 
Sensenbrenner and Souder showed tremendous leadership in moving this 
bill to the Floor, and I urge the swift passage of this important 
legislation.
  Most importantly, our actions today will send a signal to the law 
enforcement officers who wake up every morning to protect our families 
that we stand with them in the fight against drugs and will work to 
give them every tool they need to be successful.
  Additionally, this conference report reauthorizes the USA PATRIOT 
Act, which fulfills the high responsibility of protecting our citizens 
while ensuring their fundamental privacy rights are not abused.
  For many years, law enforcement officers lacked the same tools for 
tracking down suspected terrorists as they had for drug dealers, 
mobsters and other criminals.
  Extending the provisions of the PATRIOT Act that are scheduled to 
expire on December 31 will allow law enforcement officers to monitor 
suspected terrorists' communications and share critical intelligence 
information.
  These are vital tools for law enforcement that we need to help keep 
America safe, tools that carry with them strict safeguards to prevent 
the abuse of our civil liberties.
  These safeguards will ensure that the PATRIOT Act is used only for 
its intended purposes, catching terrorists before they can do us harm, 
and not to curtail the strong tradition of personal privacy that 
Americans have long enjoyed.
  Madam Speaker, I urge all of my colleagues in both bodies to support 
this reauthorization of the PATRIOT Act, which contains important 
provisions in this Nation's fight against meth.
  Mr. VAN HOLLEN. Madam Speaker, I rise to explain my decision to vote 
against the Conference Report on the PATRIOT Act. Some of the 
provisions that are being authorized in this bill provide law 
enforcement officials with important tools that may be helpful in 
detecting and disrupting terrorist activities. I support those 
provisions. Other provisions, however, fail to provide adequate 
safeguards to ensure that the privacy rights of innocent citizens are 
protected. It is very important that, in our effort to defend the 
liberties that Americans cherish, we not enact measures that erode the 
very freedoms we seek to protect. We can ensure that the government has 
the necessary surveillance powers without sacrificing the privacy 
rights of Americans.
  In the aftermath of September 11, 2001, it is essential that we 
stregthen our ability to detect, deter, and disrupt terrorist 
activities. Many provisions in the PATRIOT Act accomplish this 
objective in a balanced way. Other provisions, however, leave citizens 
vulnerable to unchecked, unwarranted, and potentially abusive invasions 
of privacy. Many of these concerns were addressed in the Senate bill 
that passed by bipartisan, unanimous support. unfortunately, the 
Conference abandoned many of the safeguards in the final Conference 
agreement.
  The Conference Report falls short in a number of areas. Let me focus 
on 2 of these issues--the inadequate checks on the National Security 
Letters and the Foreign Intelligence Surveillance Act court orders.
  The ``National Security Letters'' provision: (1.) This authorization 
has no sunset; (2.) It provides no judicial review of a National 
Security Letter gag order. This is a departure from current law which 
allows the recipient of such a Letter to challenge it in court. The 
conference agreement requires the court to accept the government's 
assertion as ``conclusive''. (3.) Moreover, the conference report 
allows the government to maintain information gathered from the 
National Security Letters to be kept forever in government databases.
  ``Foreign Intelligence Surveillance Act'' (FISA) Court Orders for 
Tangible Things (section 215): (1) Unlike the Senate bill, the 
Conference Report allows the government to obtain personal information 
on a mere showing of ``relevance'', thereby striking the safeguard 
contained in the Senate passed bill that required a 3-part test. This 
allows the government to obtain this information without demonstrating 
that the information that they are

[[Page 28301]]

seeking has some connection to a terrorist or a spy. (2) The conference 
report does not permit the recipient of a section 215 order to 
challenge its automatic, permanent gag order. Courts have held that 
similar restrictions violate the First Amendment of the Constitution. 
(3) Finally, the conference report allows the government to use secret 
evidence to oppose a judicial challenge to a section 215 order. The 
court must review any government submission in secret, whether or not 
it contains classified material.
  It is important that any policy that is advanced to enhance our 
nation's security always maintains appropriate ``sunshine'' and checks 
and balances on those law enforcement and intelligence agencies that 
are empowered to promote national security. History reminds us that 
these law enforcement tools can be overzealously used and may also be 
directed at innocent parties. The conference report on the PATRIOT Act 
that is before us today fails to strike the proper balance. The Senate 
version included many of the necessary safeguards. Unfortunately, many 
of those provisions were abandoned by the Conference Committee. As a 
result I voted in favor of Mr. Conyers' Motion to Recommit the 
Conference Report to the Conference Committee so that the conferees 
could return to the consideration of the Senate passed bill. 
Unfortunately, this motion was defeated. Therefore, I must vote against 
the passage of the Conference Report that is before us today.
  Mr. DINGELL. Madam Speaker, I rise in strong opposition to the 
conference report to H.R. 3199. We should go back into conference and 
work on a bipartisan, balanced conference report.
  Instead of rushing to finalize a partisan conference report that 
dismisses concerns for Americans' civil liberties, we should pass a 3 
month extension and try to find a bipartisan balance.
  Unfortunately, the House leadership is unwilling to strike that 
balance and have put forth for consideration a conference report that 
no Democratic conferee signed. This is unconscionable.
  Madam Speaker, many objectionable provisions remain in this 
conference report, but two issues in particular were ignored by the 
majority. First, the conference report fails to provide a standard to 
challenge national security letters. We recently learned that over 
30,000 national security letters are issued every year to businesses of 
all types without court approval.
  Yet, this conference report provides little to no mechanism to allow 
for a citizen to challenge these letters in court, and sets no deadline 
for destroying the private information that has been collected. Shame 
on us for not allowing a citizen to redress his grievances, and, shame 
on us for not ensuring that private information is destroyed once it is 
collected.
  Second, this conference report fails to address the very real issue 
that has been of great concern to many Americans: Section 215 secret 
court orders for library, medical, and other personal records. It 
leaves the standard for obtaining ``any tangible thing'' at simply a 
``relevance'' standard to an investigation, basically allowing the 
government to conduct a fishing expedition if it deems appropriate.
  As I, along with several of my colleagues, said in a letter to 
Chairman Sensenbrenner and Chairman Specter, there is nothing in this 
standard to stop the FBI from asking a library to turn over its 
circulation list of everyone who had checked out a book on Islam since 
the September 11th attacks. Shame on us for allowing this to remain in 
the final conference report.
  Madam Speaker, I have heard a lot of talk during the last four years 
that we will not yield to the terrorists. That we will fight tyranny 
with freedom and democracy, and the power of our ideas will prevail. I 
agree with that sentiment.
  Yet, today, we are considering limiting freedoms by allowing 
provisions such as the Section 215 secret court orders and national 
security letters that I mentioned earlier. As a former prosecutor, I 
understand the need for tools to prosecute those who would do us harm. 
I also know that those same tools can be used to curtail freedoms of 
innocent Americans.
  We must provide common sense tools to prosecutors, but we must 
protect the liberty of all Americans. As I asked in June of this year, 
and as I ask again now, ``What will generations to come think when they 
have seen we have permanently lowered the bar in protecting their civil 
liberties?''
  Madam Speaker, whenever we discuss the PATRIOT Act, I am reminded of 
a very wise saying by one of our founding fathers, Benjamin Franklin. 
He said, ``They that can give up essential liberty to obtain a little 
temporary safety deserve neither liberty nor safety.''
  I will vote against this conference report and urge my colleagues to 
do the same. We should go back to conference and craft a conference 
report that protects all of our civil liberties.
  Mr. LANGEVIN. Madam Speaker, today I rise in opposition to the 
conference report on H.R. 3199, the USA PATRIOT Act reauthorization. 
While I do not advocate permitting many of these important terrorism-
fighting tools to expire at the end of the year, the American people 
would be better served by a bill that strikes a more reasonable balance 
between protecting civil liberties and fighting the war on terrorism. I 
am disappointed that the conference report does not closely mirror the 
bipartisan compromise that unanimously passed the Senate. I urge my 
colleagues to reject this conference report and take a bipartisan 
approach to protecting Americans' lives and liberties.
  Since the USA PATRIOT Act was enacted shortly after 9/11, I have met 
with many constituents and countless groups to discuss the details of 
this controversial legislation. Last year, I hosted a town hall meeting 
to hear what my constituents thought about the USA PATRIOT Act. While 
some agreed that the act was necessary to prevent another terrorist 
attack, most of the crowd, as well as most Rhode Islanders, believed we 
have already ceded too much ground with respect to our civil liberties. 
In my State, seven cities and towns have passed resolutions opposing 
parts of the USA PATRIOT Act, and my constituents understand what this 
bill means to them and their freedom.
  Last week, the 9/11 Commission released a report card on the 
implementation of the group's recommendations. For ``balance between 
security and civil liberties,'' the government received a ``B,'' which 
is a high grade considering they were given more ``Fs'' than ``As.'' 
However, the report card cautioned that ``robust and continuing 
oversight, both within the Executive and by the Congress, will be 
essential.'' We should strive to move closer to A than F, but this 
conference report does not accomplish that goal. By making 14 of the 16 
expiring provisions of the USA PATRIOT Act permanent, I worry that 
Congress will be less likely to engage in vigorous oversight to protect 
the civil liberties of law abiding Americans.
  The Senate proved that it is possible to protect both lives and 
liberties. Their legislation made permanent the less controversial 
portions of the act, but implemented commonsense changes to add a layer 
of protection for liberties while keeping America safe. Unfortunately, 
most of these improvements were not incorporated into the conference 
report. For instance, the Senate version required the government to 
show that a person is connected to terrorism or espionage before 
investigators could obtain medical, library or business records. The 
bill before us permits the government to go on fishing expeditions to 
look for information without probable cause. In addition, the Senate 
required new, strong protections for ``sneak and peak'' searches and 
roving wiretaps. These improvements are also absent, from the 
conference agreement. I urge my colleagues to join me in supporting the 
motion to recommit, which asks conferees to adopt the bipartisan Senate 
language.
  I recognize the need for our laws to keep pace with new technology 
and a changing world, and I am committed to ensuring our law 
enforcement has the tools they need to keep our Nation safe. However, 
providing these tools need not come at the expense of the liberties and 
freedoms that we hold so dear. If we cede these, we have already given 
up the very values the terrorists are trying to destroy.
  I am disappointed that conferees have decided to once again place 
partisanship over sound policy. Working together, we make America 
stronger, but Congress has again divided the American people. I urge my 
colleagues to join me in opposing H.R. 3199 and instead working to 
reauthorize the USA PATRIOT Act in a way that protects both our 
liberties and our country.
  Ms. DeGETTE. Mr. Speaker, I was unavoidably absent from the vote 
today on H.R. 3199, the ``USA PATRIOT Improvement and Reauthorization 
Act of 2005'' due to a family medical emergency. Had I been present and 
voting, I would have voted ``no'' on this bill as I have steadfastly 
opposed similar versions of the PATRIOT Act when they have come up in 
the past.
  Make no mistake, like all Americans I believe we should give law 
enforcement the tools it needs to investigate and fight terrorism. 
However, we can do this without sacrificing our American values. One of 
our most precious values is the right to be free from unwarranted 
government intrusion.
  I voted against the original PATRIOT Act when it passed Congress in 
2001 because it went too far in creating the potential for government 
abuses and violations of civil liberties. The bill today makes 
permanent almost all of the provisions enacted in 2001. While some

[[Page 28302]]

have been altered to make them slightly less egregious, not enough has 
changed to allow me to lend my support to this reauthorization.
  For example, section 109 of H.R. 3199 makes some changes to section 
215 of the original PATRIOT Act, which expanded what the government 
could seize under the Foreign Intelligence Surveillance Act, FISA, of 
1978 to ``any tangible things.'' These include library, medical, tax, 
and gun records. The bill today maintains the weak threshold adopted in 
the original PATRIOT Act by again failing to require the materials 
requested be tied or connected to a specific terrorist or terrorist 
organization. The broad standard in current law makes it dangerously 
easy for the records of innocent Americans to be viewed by government. 
Additionally, recipients of requests for information under section 215 
are prevented from telling virtually anyone about the request and they 
cannot challenge this ``gag order'' in court.
  While this bill at least includes a 4-year sunset for section 215, 
there is no sunset for section 505, which expanded the power of 
government to obtain information via national security letters, NSLs. 
NSLs allow the government, with no prior court approval, access to 
financial records, credit reports, telephone records, and information 
from internet service providers. As with section 215, this bill fails 
to require the materials requested be tied or connected to a specific 
terrorist or terrorist organization. Tragically, this weak standard is 
made permanent. There is no sunset. Also, as is true under section 215, 
there is a ``gag order'' under section 505. While H.R. 3199 adds a new 
ability to challenge this ``gag order,'' it is a sham. Violating this 
gag order even carries criminal penalties.
  The bill also fails to adequately reform section 213 of the original 
PATRIOT Act, which expanded ``sneak and peek'' warrant authority. This 
allows the government to search American homes or businesses with 
delayed, not prior, notice. While the bill today does change the delay 
in notice allowed from a ``reasonable time'' to no more than 30 days, 
the bill allows for unlimited extensions. Limitations on instances in 
which delayed notice searches are allowed to remain broad. To protect 
our rights and privacy, the ability for the government to get into our 
personal lives and records without prior notice needs to be more 
narrowly crafted.
  These are just some examples of the problems with H.R. 3199. I am 
confident that if we work together, we can develop laws which would 
allow us to combat terrorism without making it too easy for government 
to intrude into the private lives of Americans.
  Mr. OXLEY. Madam Speaker, I support our action today to reauthorize 
the USA PATRIOT Act.
  Within weeks after the horrendous terrorist attacks of 2001, Congress 
responded with the PATRIOT Act, providing our law enforcement and 
intelligence communities with much-needed tools to track down 
terrorists, sever their communications and funding networks, and 
prevent future attacks on our citizens.
  As chairman of the House Financial Services Committee, I was proud to 
help write the antiterrorist financing provisions of this act. Millions 
of dollars in terrorist assets have been frozen or seized since 9/11. 
We have broken up suspected terrorist financing networks, including one 
in my home State of Ohio. The terrorist financing tools included in the 
act were further supplemented by the intelligence reform legislation 
approved in the wake of the 9/11 Commission's report.
  As a former special agent of the FBI, I know that other sections of 
the PATRIOT Act have proven just as vital in assisting law enforcement 
combat the new threat of international terrorism. I am pleased that 
this reauthorization makes permanent all but a few of the act's 
expiring provisions, but regret that the 4-year sunset for the 
remaining authorities was made a part of this final product. Including 
any sunset sends the wrong signal to our law enforcement agencies, 
indicating that our trust in them is incomplete at a time when their 
services have helped prevent further terrorist attacks. They should 
have our full support and every reasonable tool we can give them to 
help fight the global war on terror.
  One of the provisions still subject to a sunset deals with the use of 
roving wiretaps. As one of the few Members of Congress who has 
conducted undercover surveillance, I can tell you now that the need for 
roving wiretap authority will not expire in 7 years. Tying intercept 
authority to an individual suspect rather than a particular 
communication device is simply common sense in this era of throwaway 
cell phones and e-mail.
  Further, there is absolutely no evidence that wiretap authority or 
any other USA PATRIOT Act provision has been used to violate the civil 
liberties of Americans. Congress recognizes the delicate balance 
between deterring terrorist activities and preserving the freedoms we 
hold so dear. I know beyond a doubt that terrorists make no such 
distinction.
  The PATRIOT Act has been a success, and we as a nation are safer for 
it. Its provisions are helping to put the FBI and CIA on a more equal 
footing with terrorists, who use every available technology to plot 
with impunity. The act refines our surveillance laws for the high-
technology era--something that has been long overdue.
  I support the reauthorization of the USA PATRIOT Act, and hope that 
Congress will work toward making the roving wiretap and other temporary 
provisions permanent.
  Mr. CARDIN. Madam Speaker, I rise in support of the conference report 
for H.R. 3199, the USA PATRIOT and Terrorism Prevention Reauthorization 
Act of 2005.
  Through the PATRIOT Act Congress has attempted the essential task of 
modernizing law enforcement tools to effectively combat the 21st 
century terrorist, who can now use cell phones, the internet, and e-
mails to plan and coordinate attacks in the United States. As 
originally enacted in October 2001, many PATRIOT Act provisions are set 
to expire at the end of this month if Congress takes no action.
  The conference report before us extends and improves many provisions 
of the PATRIOT Act. It is a substantial improvement to the bill that 
was passed by the House in July 2005. I do have significant concerns 
and misgivings about the administration's use of the new powers of the 
PATRIOT Act, and I am pleased that this legislation addresses many of 
these concerns. This legislation: includes three sunset provisions for 
PATRIOT Act authorities; requires greater oversight by Congress and the 
judiciary of the Justice Department; and gives new rights to subjects 
of a government investigation. Given the complexity and importance of 
this measure, let me review these provisions in some detail.
  The 4-year sunsets adopted by the conference report apply to business 
records, roving wiretaps, and ``lone-wolf' terrorist suspects who 
operate alone rather than as an agent of a foreign power. Congress must 
revisit these provisions in 4 years, which will expire unless approved 
again. The conference report adopts the Senate position of 4-year 
sunsets, and rejected the House position of 10-year sunsets.
  Under the business records provision, section 215 of the PATRIOT Act, 
the bill provides that the government may seek a court order for ``any 
tangible item'' if law enforcement officials assert that the records 
are sought in an effort to obtain foreign intelligence or in a 
terrorism investigation. The application to the FISA court, the Foreign 
Intelligence Surveillance Act court, must provide a ``statement of 
facts'' proving that the information sought is ``relevant'' to the 
investigation. This bill provides greater protection than current law, 
which simply requires the government to certify the records were sought 
for an authorized investigation without any factual showing.
  The conference report also explicitly provides--unlike current law--
that anyone who receives a request for records under this provision may 
consult with an attorney in order to challenge the request in court. 
The bill requires new high-level approval by one of the top three FBI 
officials for certain records, including library records, medical 
records, educational records, and tax return records. The bill has 
several new requirements for the Justice Department, including: issuing 
``minimization procedures'' which limits the retention of, and 
prohibits dissemination of, information concerning U.S. persons; 
conducting two separate audits of the FBI's use of section 215 orders, 
which will examine any improper or illegal use of this authority, and 
the manner in which such information is collected, retained, analyzed, 
and disseminated by the FBI; and requiring the public reporting of the 
aggregate use of section 215 orders, and a breakdown of its use to 
Congress--comparisons of library, medical, educational records, for 
example.
  The roving wiretaps provision, section 206 of the PATRIOT Act, 
provides that the FISA court may issue ``roving'' wiretaps to conduct 
surveillance on a foreign power or their agent when the target of 
surveillance has taken steps to thwart the investigation by changing 
accommodations, cell phones, internet accounts, or other forms of 
communications. Court orders would apply to a person or persons, not a 
particular device or location, so that the government does not have to 
return to court each time that a target changes a communications device 
or moves to another location. The bill requires court orders for roving 
wiretaps to describe in detail the specific target in cases in which 
the target's identity is unknown, higher burden than current law, and 
requires more detailed and timely reporting by the FBI to the courts 
and Congress on the use of this authority.

[[Page 28303]]

  The conference report also makes substantial improvements to the 
national security letter, NSL, process, which existed before Congress 
enacted the PATRIOT Act in 2001. NSLs allow the FBI to request customer 
records from communications companies and financial institutions 
related to an investigation. The bill explicitly provides a new right 
to NSL recipients to consult with an attorney to challenge the letter 
in court. The court is also given a new explicit right to review NSL 
requests. The bill provides that courts may block an NSL if it is 
``unreasonable, oppressive, or otherwise unlawful'' (same standard as 
used to modify or quash a subpoena in a criminal case). Recipients are 
also given a new right to challenge the nondisclosure requirement in 
court. Congress also requires the Justice Department to report to 
Congress on the number of NSLs sent to U.S. persons or entities, and 
requires the department's inspector general to conduct an audit of the 
effectiveness of NSLs. The bill also provides that the Justice 
Department submit to Congress the annual aggregate number of requests 
made concerning different U.S. persons in an unclassified format.
  Finally, the conference reports places some new restrictions on 
delayed notice search warrants, commonly called ``sneak and peek'', 
under section 213 of the PATRIOT Act. This type of search warrant, 
which existed before the PATRIOT Act was adopted, requires that a 
Federal judge must find that there is probable cause to believe that: 
(1) A crime has been or is about to be committed; (2) evidence of those 
crimes will be found at the location to be searched; and (3) immediate 
notice would cause harm under certain specified criteria. The 
conference report restricts the government's authority to delay notice 
to 30 days, and allows for an extension only if approved by a court. 
The bill also requires new reporting to Congress on the use of this 
provision.
  Madam Speaker, we must not repeat the mistakes of the past, when the 
United States sacrificed the civil rights of particular individuals or 
groups in the name of security. Whether in times of war or peace, 
finding the proper balance between government power and the rights of 
the American people is a delicate and extremely important process. It 
is a task that rightly calls into play the checks and balances that the 
Founders created in our system of government. All three branches of 
government have their proper roles to play in making sure the line is 
drawn appropriately, as we uphold our oaths to support the 
Constitution. This legislation attempts to strike a balance as we seek 
to prevent another terrorist attack on U.S. soil, while protecting 
Americans' constitutional civil liberties. I will continue to work in 
Congress to exercise our critical oversight responsibilities to protect 
our civil liberties.
  Mr. HONDA. Madam Speaker, I rise today in opposition to the 
conference report on H.R. 3199, the USA PATRIOT and Terrorism 
Prevention Reauthorization Act of 2005.
  Last week, Republican House and Senate negotiators reached an 
agreement to reauthorize the PATRIOT Act. As part of the deal agreed to 
by House and Senate Republican conferees, Federal law enforcement 
authorities will retain the right to: Investigate American citizens 
without judicial oversight, a power that is invoked more than 30,000 
times each year; search individuals' private property without notifying 
them; access citizens' library records, medical records, school 
records, and financial records virtually unchecked by the judiciary.
  The House-Senate conference committee had an opportunity to revise 
the PATRIOT Act's expiring provisions to protect the rights and 
liberties of all Americans more effectively. Regrettably, the 
opportunity was lost when Democratic conferees were excluded from key 
negotiations. The resulting conference report falls short of what the 
American people have every reason to expect Congress to achieve in 
defending their rights while advancing their security.
  The conference report drops key protections in the Senate-passed bill 
regarding ``national security letters.'' National security letters, 
NSLs, are, in effect, a form of secret administrative subpoena. They 
are issued by Federal authorities--most often FBI agents--without any 
court supervision, and recipients are prohibited from telling anyone 
that they have been served. The conference report also fails to protect 
the records of innocent Americans collected by means of these NSLs. 
Under the conference report, such records may be kept forever in 
government databases, shared with the intelligence community, and used 
for data-mining.
  There is no more difficult task I have as a legislator than balancing 
the Nation's security with our civil liberties, but this task is not a 
zero sum game. By passing a conference report that allows the troubling 
aspects of the PATRIOT Act to continue, we pursue a false sense of 
national security at the expense of our civil liberties. I opposed the 
PATRIOT Act when it first came to us in 2001 and I vote against it 
today.
  Mr. POMBO. Madam Speaker, today the House passed the conference 
report to H.R. 3199, reauthorizing the Patriot Act. While much has 
already been said about the national security aspects of this report, I 
would like to commend my colleagues for including the Combat Meth Act 
in the report. The meth epidemic is sweeping the nation, and has become 
a major law enforcement problem in California's 11th District.
  All the law enforcement officers I meet with tell me that meth is the 
number one problem they face today. From manufacturers to dealers, and 
the attendant social crimes they create, meth is devastating 
communities across the country. Methamphetamine production and 
distribution leads to murders, assaults and property crimes. 
Additionally, there is an associated increase in domestic abuse, 
prostitution, child abuse and neglect, and homelessness. The provisions 
included in H.R. 3199 are a positive development in the fight against 
this scourge.
  H.R. 3199 will repeal the so-called ``blister pack exemption,'' which 
currently allows the sale of unlimited quantities of pseudoephedrine. 
Pseudoephedrine and other major precursor chemicals in meth production 
will now be classified as ``Schedule Listed Chemicals'' with a daily 
purchase limit of 3.6 grams. These drugs will now be kept in locked 
cabinets or behind the counter at drug stores and other retailers. 
These measures will help reduce the manufacture of meth in the United 
States.
  As meth is an international problem, the bill contains provisions for 
international monitoring, and funding for cooperative efforts with 
Mexico, a source of much of the meth in California. It also strengthens 
federal penalties against meth smugglers and traffickers.
  Finally, there is language to clarify that employers registered under 
the Controlled Substances Act may ask prospective employees about prior 
drug convictions, as a safeguard to ensure that people with access to 
controlled substances do not pose risks to the public welfare. This 
clarification is necessary to stop the diversion of drugs from 
pharmacies for illegal purposes. Currently, in many states, employers 
are not allowed to ask this critical question.
  Madam Speaker, as a member of the Methamphetamine Caucus, I applaud 
the passage of this important language. While we still have a long way 
to go in the war on meth, this is certainly a step in the right 
direction.
  Mr. UDALL of Colorado. Madam Speaker, four years ago I voted against 
the bill that became the ``USA PATRIOT Act,'' more commonly called 
simply the ``PATRIOT Act.''

  I agreed that our law-enforcement agencies needed increased power and 
more tools to fight terrorists. But I also thought then--and still 
think today--it was imperative for Congress to proceed carefully in 
order to protect Americans' civil liberties. However, I took some 
comfort from the fact that a number of the most troublesome provisions 
of the new law were temporary and would expire at the end of this year 
unless Congress acts to renew them.

  The imminent expiration of those provisions is why the House 
considered this legislation in July, and provides the impetus for the 
conference report before us today.

  I think the value of such ``sunset'' provisions is shown by the 
debate on that bill and today's debate on the conference report. It is 
evidence that requiring Congressional action to renew agencies' 
authorities can and does result in ongoing Congressional oversight and 
periodic reconsideration.

  In July, I voted against the bill because it would have made 
permanent no fewer than 14 of the 16 provisions of the original 
``Patriot Act'' that were covered by the law's ``sunset'' clause--as 
well as other new authorities provided by last year's bill to reform 
the intelligence community--and under the bill the other two would not 
have faced a ``sunset'' for a full 10 years.

  However, at the same time I noted that there was considerable support 
in the other body--by Senators on both sides of the aisle--for 
provisions that would improve on this legislation. And I hoped and 
expected that once the Senate had acted and the conference was 
completed, the result would be a measure that deserves the support of 
all Members of Congress.

  Unfortunately, after careful review I have concluded that this 
conference report, while an improvement over the bill the House passed 
in July, is still so seriously flawed that I cannot support it.

  The conference report does not do enough to reduce the potential that 
the authority it

[[Page 28304]]

gives to the FBI and other agencies could be abused or misused in ways 
that intrude on Americans' privacy and civil liberties--a potential 
that has led more than 300 communities and seven States, including 
Colorado--governments representing over 62 million people--to pass 
resolutions opposing parts of the Patriot Act.

  The Senate, to its credit, did a better job than the House in 
responding to the concerns that prompted such resolutions, while still 
providing ample tools that the government can use to work against the 
threat of more terrorist attacks, at home and abroad.

  I could have supported enactment of the bill as passed by the Senate. 
That is why I voted for the motion to recommit. But I cannot support 
this conference report as it stands.
  Mr. COLE of Oklahoma. Madam Speaker, I rise today to explain my vote 
against a democrat motion to instruct conferees on December 14, 2005.
  Although President Bush and Secretary Rice have made it clear that 
under no circumstance will the United States use torture, I am also 
sympathetic to Senator McCain's wish to establish a clear set of rules 
to govern interrogations of persons under the detention of the 
Department of Defense. With this said, I don't believe it is beneficial 
to instruct conferees on an issue that is already under negotiations 
between the White House, Senator McCain and the United States House of 
Representatives. These negotiations could yield a much more favorable 
outcome than what Senator McCain originally requested and it also 
undermines the legislative process. However, if no compromise is agreed 
to, I would support the McCain language as our policy toward torture.
  Ms. McCOLLUM of Minnesota. Madam Speaker, I rise to express my 
opposition to the conference report to the reauthorization of the USA 
PATRIOT Act.
  Mr. Speaker, I stated after the House voted on H.R. 3199 in July, 
that it was my hope that the conference committee would temper the 
extremes that are present in this legislation, and that the conferees 
would keep the American people's respect for privacy and desire for 
freedom in mind, I do not believe that this conference report reflects 
those ideals.
  National security, homeland security and the collection of 
intelligence need to be balanced with the fundamental freedoms and 
civil liberties granted to Americans by our Constitution. Terrorism is 
a real threat to our security, but so are laws that threaten our 
liberty by allowing an over-zealous government to infringe on the 
privacy of individuals, based on vague, undefined, and at times, 
``classified'' evidence. It is possible to be safe, and free, and to 
protect security while still respecting civil liberties. Unfortunately, 
this conference report fails to recognize this reality and come to 
bipartisan agreement in protecting both the security and civil 
liberties of Americans.
  I voted in favor of the motion to recommit, which would have replaced 
the text of the conference report with the text of the original bill 
passed by the Senate. The original Senate bill included far more 
protections for civil liberties than this conference report. That 
Senate-passed bill would have included a process of judicial review for 
recipients of a National Security Letter, as well as a standard 
requiring the Government to show a connection to a suspected terrorist 
or organization when requesting business or library records. This 
conference report before me today only requires the Government to 
demonstrate ``relevance'' in an investigation.
  This conference report makes 14 of 16 controversial PATRIOT Act 
provisions permanent. In making these provisions permanent, Congress is 
relinquishing its responsibility to review their use, granting more 
permanent power to the executive branch. Congressional oversight has 
been maintained only through the two provisions scheduled to sunset in 
4 years, as well as through the inclusion of a ``lone wolf' provision, 
also scheduled to sunset in 4 years. Congress has a responsibility to 
check the power of the executive branch, not cede that authority, 
potentially threatening the civil liberties of our citizens. The 
conference report voted on today unfortunately fails to safeguard 
individual privacy rights, and allows the Government, with little 
burden of proof, to scrutinize nearly every aspect of a person's life.
  It has been said in this debate that we must sacrifice some of our 
freedoms in the name of security. This is the wrong approach, and the 
American people have the right to expect better from Congress. We 
cannot allow terrorism to erode either our national security or our 
civil liberties--both present a danger to this country. I urge my 
colleagues to vote against this conference report, and support both the 
rights and security of the American people.
  Mr. FLAKE. Madam Speaker, I would like to comment on section 507 of 
today's PATRIOT Act conference report, which authorizes the U.S. 
Attorney General to certify whether a state has qualified for the 
expedited habeas corpus procedures in chapter 154 of title 28 of the 
U.S. Code. Section 507 is of particular importance to my home State of 
Arizona, which for many years has satisfied the post-conviction counsel 
requirements of chapter 154, but which has been unfairly denied the 
procedural benefits of that chapter by the Ninth Circuit.
  Section 507 is similar to a section of the Streamlined Procedures 
Act, a general habeas corpus reform bill that was introduced earlier 
this year in the House by Mr. Lungren of California, and in the Senate 
by my Home state colleague, Senator Kyl. Section 507 is also virtually 
identical to an amendment that I filed and sought to offer last month 
to H.R. 1751, the Secure Access to Justice and Court Security Act of 
2005. My amendment had been made in order by the Rules Committee and 
was listed in House Report 109-279. At the last minute, however, 
various political objections were made to my amendment and Chairman 
Sensenbrenner asked me not to offer it to H.R. 1751. The Chairman 
assured me that he would accommodate me with regard to this matter on 
some other legislation. I am pleased to see that he was able to do so 
on the PATRIOT Act, which now appears that it will be enacted into law 
sooner than H.R. 1751.
  My amendment is designed to give States a real incentive to provide 
quality counsel to death row prisoners in State habeas proceedings. It 
is also designed to keep a bargain that the Federal Government made 
with the States in 1996. The amendment assigns the U.S. Attorney 
General to evaluate whether a State is providing qualified counsel to 
capital prisoners in State habeas proceedings, a condition for 
receiving the benefits of the expedited habeas procedures of chapter 
154 of the U.S. Code. The amendment thus gives States a real chance to 
qualify for chapter 154 treatment. By ensuring that States will receive 
streamlined proceedings in Federal court if they provide quality 
counsel in State habeas court, the amendment will reduce delays in 
death penalty appeals.
  This is a goal that everyone, left and right, should agree with. Even 
those who passionately oppose the death penalty should want the system 
to be fair to victims. No one should support a system that routinely 
forces the family of a murder victim to endure 10, 15, or even 20 years 
of appeals. Yet in too many cases, that is exactly how our current 
system works even in cases where there is no real dispute over guilt. 
In my home State of Arizona, over two-thirds of death row prisoners 
have finished all of their State appeals and are engaged in Federal 
habeas litigation. Most of these cases have now been in the Federal 
courts for five years or more. Ten cases have been in Federal court for 
8 years or more, and 5 cases have been in Federal court for more than 
15 years. And this is all on top of the time that it takes to complete 
all state appeals, which usually requires 5 or 6 years.
  Under the current system, victims' families are forced to repeatedly 
relive an awful event throughout the progress of this lengthy 
litigation. During that process, they must wonder if they will be 
forced to appear at another hearing, if there will be another trial, or 
if the person who killed their son or daughter will even be released. 
They literally are denied closure, the right to forget about the person 
who killed their loved one and to move on with their lives. And this 
frequently goes on for more than 15 years. A system that treats crime 
victims this way is intolerable.
  The amendment that I offer today is particularly important to my home 
State of Arizona. Arizona is both a State that has experienced extreme 
delays in Federal-court review of capital cases, and a State that has 
acted to provide quality counsel in state habeas proceeding in response 
to the offer that the congress made in 1996. The habeas reform of that 
year created chapter 154 of title 28. This chapter told the States 
that, if they provide qualified state habeas counsel to capital 
defendants, the Federal government would streamline Federal court 
review of capital cases. In Federal court, chapter 154 would limit the 
claims that defendants could raise, barring virtually all claims that 
were not properly raised and addressed on the merits in state court. 
Chapter 154 would apply strict deadlines to Federal court review, 
requiring the district court to decide the case in 6 months and the 
court of appeals to rule in 4 months.
  Shortly after the 1996 reforms were enacted, the Arizona legislature 
and the State supreme court implemented a system that would allow the 
State to opt in to chapter 154. The State created mandatory competency 
standards for capital post-conviction counsel, and provided funds to 
attract good lawyers and allow them to hire necessary experts. The

[[Page 28305]]

State now spends a lot of money on post-conviction representation for 
death-row inmates--the median case costs the State $64,000, while one 
case cost $138,000. Again, this is just for State habeas review. It 
does not include the State's expenses to provide counsel at trial or on 
direct appeal from the trial. For example, Arizona also guarantees a 
capital defendant two highly qualified attorneys at trial.
  One might think that, in light of all that the State of Arizona has 
done to provide high-quality counsel to capital defendants, surely it 
must have qualified for chapter 154 by now and must be enjoying the 
benefits of that chapter. But that is not what has happened. The 
problem is simple: under current law, the local Federal court of 
appeals decides whether a State has opted in to chapter 154. In 
Arizona, the Ninth Circuit has refused to grant Arizona the benefits of 
chapter 154. Even though Arizona has lived up to its end of the 
bargain, the Ninth Circuit refuses to allow the Federal government to 
abide by its end of the deal.
  A case that illustrates the problem is the Ninth Circuit's 
extraordinary decision in Spears v. Stewart, 283 F.3d 992 (2002). The 
three-judge panel in Spears found that Arizona's system for providing 
post-conviction counsel complied with chapter 154. The court concluded 
that Arizona's system sets mandatory and binding competency standards 
for counsel, provides reasonable compensation to counsel, pays 
reasonable litigation expenses, and offers such counsel to all capital 
defendants. The court nevertheless managed to find that Arizona could 
not receive the benefits of chapter 154 because of a delay in 
appointing counsel. Defense lawyers initially had boycotted this 
system, and in some cases this resulted in delays. The defendant in 
Spears did not even allege that this delay prejudiced his case. But the 
Ninth Circuit found this delay a sufficient excuse to deny Arizona the 
benefit of chapter 154, even though Arizona's system complied with that 
chapter.
  The decision of the Spears three-judge panel alone is troubling. The 
chapter 154 qualification decision is supposed to be a one-time 
decision. Once a State's system qualifies, the issue is not supposed to 
be litigated again on a case-by-case basis. Even more disturbing than 
the three-judge panel's decision, however, is a dissent from the full 
court's refusal to rehear the case that was signed by 11 active judges 
of the Ninth Circuit. These 11 judges stated that the panel's decision 
that Arizona's system qualifies for chapter 154 is merely dicta and not 
binding in future cases. Although the issue of Arizona's 154 status was 
squarely before the three-judge panel and was decided by that panel, 
this gang of 11 judges declared that they would not follow that 
decision in future cases. As they said: ``To put it bluntly, neither 
we, nor any other court is bound by the panel's advisory declarations 
in this case.'' Spears, 283 F.3d at 998 (Reinhardt, J., dissenting from 
denial of rehearing).
  A statement by 11 judges that they will refuse to follow their own 
court's final decision itself is extraordinary, as several other judges 
noted in Spears a concurrence to the denial of rehearing. If a court 
refuses to abide by its own precedents, litigants can have no way of 
knowing what the law is and how they should arrange their affairs. Such 
behavior does substantial damage to the rule of law.
  What such behavior also demonstrates is a refusal to enforce the laws 
enacted by Congress. It shows that chapter 154 will remain a dead 
letter so long as the obligation to enforce it remains in the hands of 
courts such as the Ninth Circuit. It is clear that, if any two of the 
11 judges who joined the Spears rehearing dissent are assigned to a 
future Arizona 154 case, they will not feel obligated to follow Spears 
and the State will be relitigating the issue of its 154 status from 
scratch. Indeed, portions of the Spears dissent argue that Arizona's 
``statutory scheme did not comply with Chapter 154's requirements.'' 
Spears, 283 F.3d at 1002 (Reinhardt, J., dissenting from denial of 
rehearing). The tone of the 11-judge dissent also betrays an open 
hostility to the chapter 154 system.
  The trouble with chapter 154 is that the courts assigned to decide 
when it applies are the same courts that would be bound by the 
chapter's strict deadlines if a State is found to qualify. Simply put, 
the regional courts of appeals have a conflict of interest. They decide 
whether the States are entitled to a benefit which places a burden on 
the courts themselves. Some prosecutors also believe that refusal to 
enforce chapter 154 also reflects a hostility to the death penalty--
that some judges are ignoring the law because they do not want to see 
death sentences carried out. If this is true, it is absolutely 
unacceptable. A judge has an obligation to uphold and enforce a valid 
law, whether or not he agrees with it.
  My amendment makes several changes to chapter 154 to ensure that it 
provides real and meaningful benefits to States that provide quality 
post-conviction counsel. First and most importantly, it assigns the 154 
certification decision to the U.S. Attorney General and the DC Circuit, 
rather than the local courts of appeals that have an interest in the 
case. The Attorney General receives no benefits from chapter 154, and 
he has expertise in evaluating State criminal justice systems. Just 
last year, for example, Congress assigned the Attorney General to 
evaluate State DNA testing and capital counsel systems in the Justice 
for All Act. Review of the Attorney General's decision in the DC 
Circuit also is appropriate. Because there is no Federal habeas review 
of criminal convictions in the District of Columbia, the DC Circuit 
also has no stake in whether or not a State qualifies for chapter 154.
  My amendment, like subsection (d) of section 507, also makes clear 
that a determination that a State has satisfied the chapter 154 
standard as of a particular date will apply retroactively to all 
pending habeas cases for which the prisoner received State habeas after 
the certified date. This will ensure that a State will receive all of 
the procedural and litigation benefits that it should have received had 
the Federal habeas claim been governed by chapter 154 from the day that 
it was filed, as it should have been. The proposed paragraph 28 U.S.C. 
2265(a)(2) in my amendment makes clear that, once the Attorney General 
determines that a State established a post-conviction capital-counsel 
system by a particular date, the chapter 154 eligibility certification 
shall be effective as of that date. Thus, if a capital prisoner 
received State habeas counsel after that effective date, the case is 
governed by chapter 154 in Federal proceedings.
  However, some courts might construe 2265(a)(2) to mean that while the 
chapter 154 system thereafter governs Federal habeas applications that 
have already been filed, the actual procedural benefits of that 
chapter--especially the claims limitations and amendment limits would 
only apply on a going-forward basis--i.e., only to claims or amendments 
filed after the date of enactment of this law. Thus when I added a few 
other provisions to the amendment, I also inserted subsection (g), 
which is the same as subsection (d) of section 507. This subsection, by 
explicitly applying section 507 and the changes that it makes to all 
qualified pending Federal habeas cases, should make clear that when 
Congress says that it wants the new law to apply retroactively, it 
means that the law will apply retroactively--that it will govern new 
claims as if it had been in effect as of the effective date of the 
chapter 154 certification.
  Any non-retroactive application of chapter 154 would be fundamentally 
unfair to States such as Arizona, which has been providing post-
conviction counsel to State prisoners for nearly a decade but has been 
inappropriately denied the benefits of chapter 154 for some cases that 
already have progressed to Federal habeas. In the Spears case, for 
example, the Ninth Circuit even found that Arizona's counsel system met 
chapter 154 standards, but the court nevertheless came up with an 
excuse for refusing to apply chapter 154 to that case. If the Attorney 
General and the DC Circuit conclude that Arizona met chapter 154 
standards prior to Spears's receipt of counsel, as I am confident that 
they will, Arizona should receive all of the benefits of chapter 154 
for that case and subsequent cases, as if chapter 154 had governed the 
Federal petition as of the day it had been filed (as it should have). 
Chapter 154, for example, does not allow cases to be remanded to State 
court to exhaust new claims (a considerable source of delay on Federal 
habeas), and it places very sharp limits on amendment to petitions. 
Arizona should not be forced to litigate claims in Spears's petition 
that were defaulted, that were unexhausted and sent back to State 
court, or that otherwise were not addressed by State courts when Spears 
first filed the petition (unless those claims meet the narrow 
exceptions in subsection 2264(a)). Nor should the State be forced to 
litigate claims that were added to the petition in amendments that do 
not satisfy chapter 154's limits on amendments.
  Applying chapter 154 retroactively may seem harsh, but it is 
important to recall that any prisoner whose Federal petition will be 
governed by 154 necessarily received counsel in State post-conviction 
proceedings. Unlike the typical uncounseled State habeas petitioner, 
who may not have been aware of State procedural rules or of all the 
potential legal claims available to him, a chapter 154 habeas 
petitioner will have no excuse for not making sure that all of his 
claims were addressed on the merits in State court. (Or rather, any 
excuse will be limited to those authorized in 28 U.S.C. 2264(a).) I 
believe that, given the resources Arizona has devoted to providing

[[Page 28306]]

post-conviction counsel, the State should easily qualify for chapter 
154. The Ninth Circuit has treated Arizona unfairly by denying it 
chapter 154 status. If the U.S. Attorney General and DC Circuit agree 
that Arizona should have been 154-certified when Spears filed his 
Federal petition, Arizona should be placed in the same position that it 
would be in today had the Spears case proceeded under chapter 154 from 
the beginning.
  My amendment also extends the time for a district court to rule on a 
154 petition from 6 months to 15 months. I have been informed that the 
bill that became the 1996 Act originally adopted 6 months as the limit 
as an initial bargaining position. The intention had been to eventually 
extend this to 12 months, but because of the politics of the enactment 
of AEDPA, it was not possible to change this deadline later in the 
legislative process. My amendment is even more generous than the 
original authors' intention, giving the district courts 15 months, in 
recognition of their burdensome caseloads and the fact that they do the 
real work in Federal habeas cases--they are the courts that hold 
hearings, if necessary, to identify the truth of a case. This same 
change was included in subsection (e) of section 507.
  Subsection (f) of section 507 is the same as a provision in 
subsection (e) of my amendment. This subsection codifies the rule of 
McFarland v. Scott, 512 U.S. 849 (1994), which allows a stay to issue 
on the basis of an application for appointment of Federal habeas 
counsel (without the actual filing of a petition), but it limits such 
stays to a reasonable period after counsel is actually appointed or the 
application for appointment of counsel is withdrawn or denied.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mrs. Biggert). Without objection, the 
previous question is ordered on the conference report.
  There was no objection.


               Motion to Recommit Offered by Mr. Conyers

  Mr. CONYERS. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the conference 
report?
  Mr. CONYERS. Yes, I am, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Conyers of Michigan moves to recommit the conference 
     report on the bill H.R. 3199 to the committee of conference 
     with instructions to the managers on the part of the House to 
     recede from disagreement with the Senate amendment.


                         Parliamentary Inquiry

  Mr. SENSENBRENNER. Madam Speaker, parliamentary inquiry, is it 
permissible to include instructions in the motion to recommit to 
conference?
  The SPEAKER pro tempore. Yes, it is proper.
  Without objection, the previous question is ordered on the motion to 
recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. CONYERS. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of adopting the conference report.
  The vote was taken by electronic device, and there were--ayes 202, 
noes 224, not voting 7, as follows:

                             [Roll No. 626]

                               AYES--202

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--224

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costello
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     DeGette
     Diaz-Balart, M.
     Hyde
     McDermott
     Payne
     Poe
     Ros-Lehtinen


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mrs. Biggert) (during the vote). Members are 
advised there are 2 minutes remaining.

[[Page 28307]]



                              {time}  1356

  Messrs. BRADLEY of New Hampshire, DeLAY, ROHRABACHER, McHENRY, Ms. 
HART and Mrs. JOHNSON of Connecticut changed their vote from ``aye'' to 
``no.''
  Mr. SALAZAR changed his vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the conference report.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SENSENBRENNER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 251, 
nays 174, not voting 9, as follows:

                             [Roll No. 627]

                               YEAS--251

     Aderholt
     Akin
     Alexander
     Andrews
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Barton (TX)
     Bass
     Bean
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Cardin
     Carnahan
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Davis (AL)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Doolittle
     Drake
     Dreier
     Edwards
     Emanuel
     Emerson
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lungren, Daniel E.
     Marchant
     Marshall
     McCarthy
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Oxley
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Pryce (OH)
     Putnam
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ross
     Rothman
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Spratt
     Stearns
     Sullivan
     Tancredo
     Taylor (MS)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NAYS--174

     Abercrombie
     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Bartlett (MD)
     Becerra
     Berkley
     Berman
     Berry
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Boucher
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carson
     Clay
     Cleaver
     Clyburn
     Conyers
     Costello
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Ehlers
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Lucas
     Lynch
     Mack
     Maloney
     Manzullo
     Markey
     Matheson
     Matsui
     McCollum (MN)
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller, George
     Mollohan
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Ney
     Oberstar
     Obey
     Olver
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Price (GA)
     Price (NC)
     Rahall
     Rangel
     Rohrabacher
     Roybal-Allard
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Stark
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Taylor (NC)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--9

     DeGette
     Diaz-Balart, M.
     Hyde
     McDermott
     Ortiz
     Peterson (PA)
     Poe
     Radanovich
     Ros-Lehtinen


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mrs. Biggert) (during the vote). Members are 
reminded there are 2 minutes remaining in this vote.

                              {time}  1407

  Mr. ISRAEL and Mr. BISHOP of Utah changed their vote from ``yea'' to 
``nay.''
  Mr. TAYLOR of Mississippi and Mr. BOYD changed their vote from 
``nay'' to ``yea.''
  So the conference report was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. PETERSON of Pennsylvania. Mr. Speaker, on rollcall No. 627. I was 
inadvertently detained. Had I been present, I would have voted ``yea.''

                          ____________________




                          PERSONAL EXPLANATION

  Mr. ORTIZ. Mr. Speaker, I was unable to vote during rollcall No. 627. 
Had I been able to vote, I would have voted ``yea'' in support of the 
conference report on H.R. 3199, USA PATRIOT and Terrorism Prevention 
Reauthorization Act of 2005.
  Clearly, we are in a time of heightened awareness and in need of 
greater security in order to prevent another terrorist attack on our 
land. It is our duty as Representatives of our constituents and fellow 
Americans to see to it that we provide the resources that are necessary 
to help prevent such an attack.

                          ____________________




                             GENERAL LEAVE

  Mr. REGULA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include tabular and extraneous material on the further conference 
report to accompany H.R. 3010.
  The SPEAKER pro tempore (Mr. Shimkus). Is there objection to the 
request of the gentleman from Ohio?
  There was no objection.

                          ____________________




 FURTHER CONFERENCE REPORT ON H.R. 3010, DEPARTMENTS OF LABOR, HEALTH 
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 
                               ACT, 2006

  Mr. REGULA. Mr. Speaker, pursuant to House Resolution 596, I call up 
the further conference report on the bill (H.R. 3010) making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 596, the 
conference report is considered read.

[[Page 28308]]

  (For conference report and statement, see proceedings of the House of 
December 13, 2005, at page 28005.)
  The SPEAKER pro tempore. The gentleman from Ohio (Mr. Regula) and the 
gentleman from Wisconsin (Mr. Obey) each will control 30 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. REGULA. Mr. Speaker, I yield myself such time as I may consume, 
and I would just like to say to my colleagues and friends on the other 
side of the aisle to take a second look at this bill. I know that, in 
our first iteration, they did not give us any votes, but let me point 
out to you that if the bill were to fail, we would end up with a CR, a 
full year's CR, because you know we are not going home without 
something in this field.
  These are important programs, over 500 of them. What would happen 
with a CR? Well, there would be $800 million less for student aid, $278 
million less for innovation and improvement programs, $178 million less 
for higher education programs, $94 million less for title I programs 
and $84 million less for special education programs. That would be a 
disastrous result that I do not think any of us on either side of the 
aisle would want to happen.
  In addition, if we were to go to a CR, if this bill were to fail, 
LIHEAP funding would be reduced by $298 million, with no contingency 
for extreme weather. Community Services Block Grant would be cut $317 
million. National Institutes of Health would be cut $198 million, with 
200 fewer research grants.
  Mr. Speaker, I want to say to all my colleagues that this is not 
something we want to make as a Christmas gift to the American people, a 
CR on this bill. This bill is a good bill. It reflects good management 
of what we had to work with.
  I might say at the outset that there are no earmarks in the bill, 
none, for anyone, either side or any person. Absolutely no earmarks, 
and no earmarks for the Senate either. But I want to tell you what 
happened to the earmarked money, because we had $1 billion in the bill 
that originally passed the House back early on. Of that money, $100 
million is going to title I to help our schools; $100 million is going 
to special education State grants to help the programs that help the 
disadvantaged students.

                              {time}  1415

  Mr. Speaker, $250 million is going to NIH for research, and we 
recognize that the challenge is great in that field to research medical 
issues. There is $317 million for Community Services Block Grant, and 
these help people with limited means. There is $176 million in LIHEAP 
and $66 million for community health centers, and community health 
centers obviously provide a place for people who do not have a family 
doctor and have limited means. It gives them a place to go. So these 
are good programs. These are good uses of the money, and I think we all 
understand that in this time of tight budgets and tight resources, we 
have to set priorities. In so doing, we set the priorities I just 
outlined rather than to go into earmarks.
  I want to say at the outset that this program is $1.4 billion under 
2005, and there is no increase from the bill we had 2 weeks ago. How 
did we manage to meet these program needs? We did it by managing 
carefully. We looked at the programs and the funds that were available.
  I want to point out to my colleagues on the other side of the aisle 
that I do not think you want to go home and tell people in the 
education field that you voted against an increase, let me emphasize, 
an increase of $100 million over last year in title I. I do not think 
you want to tell the parents and families of children with special 
needs that you voted against an increase in special education of $100 
million over last year. Head Start is up $6.8 million. Math and science 
partnerships, and we hear a lot about that today, these are up over 
last year. We have $100 million to develop teacher and principal 
programs, incentive programs, particularly at the elementary level.
  TRIO and GEAR-UP, the President's budget had zero, and we put those 
back in because we think those are good programs. Again, they are well 
funded. Community health centers I mentioned are up $66 million. This 
is an important program. It is important in many communities, as is 
LIHEAP. Medicare modernization, we are rolling out the new program, and 
we have $980 million in this bill to assist in getting people informed 
to meet their desires in terms of prescription drugs. That would not be 
in a continuing resolution.
  NIH is $107 million over the President's request. It is up this year 
$200-some million. People think of NIH being research at Bethesda. NIH 
is basically managing 40,000 grants going out to colleges, hospitals, 
medical services all over the country. I would guess that almost every 
Member has one or more research grants in his or her district that is 
funded out of NIH. That is very important, and we have an increase in 
that program. That is again part of the earmarked money, $28.6 billion.
  Community Services Block Grant, a program that helps people get GEDs, 
is just one example of what is done with the community services. There 
are a whole host of things to help people with limited income and who 
need additional help.
  In the Labor Department, we have $1.57 billion for Job Corps and 
$1.48 billion for dislocated workers.
  How did we manage to increase a number of programs while at the same 
time keeping the total number under last year, $1.4 billion? Well, one 
of the ways that we have gotten the necessary funding to do the items 
that I mentioned in the way of increases was to eliminate 20 programs. 
We went through the whole list of programs, the 500, and said, Does 
this work? Is this a productive program?
  The bill that left the House had about 48 programs terminated. The 
other body decided to put back some of those, but we still have 20 
programs that have been discontinued or will be discontinued because, 
again, we recognize that we have to manage the resources as carefully 
as possible to do the important things: education, research at NIH, the 
effort in CDC to deal with the avian flu issue. So we tried to manage 
the funds available as carefully as possible. I think the results of 
that are reflected in the increases I mentioned.
  I might say between this and the bill we had previously, we added $90 
million for rural health programs, very important programs, obviously; 
and we did this by reducing the avian flu number because we are going 
to deal with that in another bill that will be coming along shortly.
  So all in all, I want to say again this is a very positive bill; it 
is a very responsible bill in terms of using the resources that are 
available.
  It is something that every Member can support, every Member can go 
home and say with a measure of confidence and satisfaction, I did 
something to improve education, I did something to help the special 
needs programs, the special education program, I did something to 
expand the community services programs and the Community Health 
Centers, NIH, LIHEAP, things that are extremely important to people. 
This literally is a people's bill, but it is a people's bill, too, in 
the sense that we manage their tax dollars carefully and try to give 
them as much in the way of service as possible. I hope my colleagues on 
the other side of the aisle will take a second look at what we have 
tried to do in this bill.
  I recognize, of course, that you get into the tax issues, you get 
into budget issues, but this is not a tax bill. It is not a budget 
bill. This is a bill about taking resources that are available and 
using them in the best possible way to serve the people.
  We had many hearings in our subcommittee. My colleague from Wisconsin 
was very helpful in those hearings to try to find out what is important 
to people. We tried to reflect that in the bill given the fact that we 
had a limited amount of resources. I would love to have more, and I am 
sure everybody else would, but the facts were we had to work with what 
we had available. I think the bill reflects a responsible use of the 
resources that were made available. I think it is a bill that

[[Page 28309]]

will serve the American public very well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 10 minutes.
  Mr. Speaker, let me stipulate from the outset that the gentleman from 
Ohio is a good man, and I think, with some exceptions, he and I have 
priorities in this bill that are pretty much the same. What I say is 
not in any way designed to be an attack upon him or his leadership of 
the subcommittee; but the fact is that this subcommittee has been given 
an inadequate allocation and as a result, this Congress is about to 
make a large mistake if it passes this bill because it will be 
shortchanging this country in terms of the long-term investments that 
we should be making in America's working families and programs that are 
focused on the needs of America's working families.
  The gentleman argues that we ought to vote for this bill because if 
we do not, then the majority will bring forth a continuing resolution 
which will do certain bad things. That is like saying, ``Save us before 
we are irresponsible again.'' I really think we understand that what 
needs to happen to this bill is that it needs to be repaired, not 
further savaged; and that is what we want to see done.
  The reason we are in this fix is because the majority, just in the 
last week and a half, passed almost $70 billion in tax cuts and a very 
large percentage, approaching 50 percent, went into the pockets of the 
most well-off 1 percent of people in this country, people who make over 
$400,000 a year. And then they pay for it, partially, by squeezing 
bills like this one.
  Let me make clear, this bill is virtually identical to the bill that 
the House rejected just a few days ago by a 209-224 vote on a 
bipartisan basis. It has moved around a small amount of money in hopes 
of picking up a few votes because of an improvement in rural health 
care, but outside of that the bill is virtually the same.
  I want to make clear when we vote against this bill today, we will be 
voting against it not just because we are unhappy with the $1.6 billion 
cut below last year that this bill represents. To understand what this 
bill is doing, you must look at it in conjunction with the next step 
that the Republican leadership of this Congress has already announced 
that they intend to take, which is to further cut this bill by 1 
percent across the board as they cut the entire discretionary budget 1 
percent across the board.
  That means that this bill will have a double hit. That means in the 
end this bill, for 1 year alone, will be $3 billion less than was 
provided for these same programs last year. Over a 5-year period, 
because this sets us on a course, over a 5-year period if we pass this 
bill, we will wind up spending $15 billion less for programs in this 
bill than we would otherwise spend if we simply stuck to last year's 
baseline.
  In addition to that, 2 weeks ago our Republican friends pushed 
through a package of rescissions and reconciliation actions which cut 
$33 billion out of programs that benefit the same people who are 
benefited by this bill. They, for instance, cut $5 billion out of child 
support enforcement which will result in women in this country over the 
next 5 years getting $24 billion less in child support money than they 
are entitled to.
  They are cutting over 200,000 kids off health care screening and 
cutting well over 200,000 families off food stamps. They are saying to 
people on disabilities, ``Sorry, but you are not going to get your full 
entitlement in your first check after you are declared eligible for 
disability.'' Right now the law says that if you apply for disability 
and if you are adjudged to be eligible, when you get your first check, 
you will be paid retroactive to the date of application.
  The bill that passed 2 weeks ago on this floor, the reconciliation 
bill, said, ``Sorry, folks, if you are declared eligible, you will get 
only the first 2 months' entitlement in that check; the rest will be 
strung out over a period of months.'' The only reason the government 
saves money under that plan is because people will die before they get 
what they are entitled to get.
  So this House has already taken all of those actions which will cut 
the assistance to middle-income families and poor families in this 
country by $33 billion, and then this bill over the next 5 years will 
wind up imposing an additional $15 billion cut in resources provided 
over that time.

                              {time}  1430

  And as far as I am concerned, it is ironic that this is happening at 
Christmastime. Usually, Mr. Speaker, at Christmastime, we fill 
children's stockings. This time around, in sort of ``Scroogenomics'' 
fashion, we are emptying those children's stockings and instead moving 
that money into the pockets of some of the wealthiest people in this 
country. I do not think that is a way to live up to the Christmas 
spirit.
  I want to point out what some of the real reductions will be. We have 
55 million children in public schools. State budgets are stretched 
thin. And yet, No Child Left Behind funding in this bill is cut $779 
million and would be cut $1 billion after the 1 percent across-the-
board cut is imposed.
  Pell grants: Both parties go home and tell people how much we want to 
help families who are trying to send their kids to colleges. The 
College Board spelled out that in the last 5 years, the cost of a 4-
year public education has increased by $3,100. The President's response 
to that was to add $100 to the Pell Grant maximum grant. So he proposed 
a $100 solution to a $3,100 problem. House Republicans said, ``Oh, no, 
that is too much.'' So, originally, this bill cut that to $50, and then 
the conference came back with nothing, zippo. So the Congress is doing 
nothing to ease the squeeze on families trying to send their kids to 
college.
  And in the reconciliation bill which they passed just 2 weeks ago, 
they are making that problem, over the next 5 years, $12 billion worse 
or, I am sorry, $8 billion worse for those same families by raising 
fees, raising interest rates on student loans. And then they say that 
they are friends of education.
  If you take a look at education technology, this bill cuts that 
program by $221 million or 45 percent. If you take a look at low-income 
heating assistance, we have a need to at least double that program, 
given the fact that we have these huge increases in natural gas prices 
and home heating-oil prices. In fact, this bill freezes low-income 
heating assistance. And with the 1 percent across the board that is 
contemplated that will be on top of this freeze, you will wind up 
actually reducing money for low-income heating assistance.
  Our Republican friends say, ``Oh, well, we are going to try to add $1 
billion in the reconciliation bill.'' But we are already told that 
there is less than a 50/50 chance that reconciliation bill will even be 
passed before Congress leaves here for the holidays.
  Then if you take a look at the International Labor Affairs Program, 
the program which is supposed to protect American workers' wages by 
seeing to it that they do not have to compete internationally against 
slave and child labor, that program is being cut by $21 million or 22 
percent by this bill and the across-the-board cut that will shortly 
follow.
  Community health centers: Everybody on both sides of the aisle talks 
about how important they are. But there is virtually no funding for new 
community health centers beyond those approved last year. And the 
majority, in this bill, eliminates the Healthy Communities Access 
Program, $83 million gone that helps provide health care to persons who 
do not have any or who do not have health care.
  So I would say simply, Mr. Speaker, this bill is highly inadequate. 
It short sheets America's future. It does not make the investments in 
health research, in education, in worker training that any civilized, 
healthy leading society would make.
  We do not meet our obligations in this bill, and I would urge a no 
vote. And I would urge that the majority go back to the drawing board, 
give this bill a better allocation and live up to the expectations of 
the American people.

[[Page 28310]]


  Mr. REGULA. Mr. Speaker, I yield 3 minutes to the gentleman from New 
York (Mr. Walsh), a fellow chairman on the Appropriations Committee and 
a member of our subcommittee.
  Mr. WALSH. Mr. Speaker, I would like to thank Chairman Regula for his 
leadership on this bill. This bill, of all bills, has a very, very 
strong history of bipartisanship. One of the predecessor chairmen of 
this bill was a fellow named Bill Natcher who served with great 
distinction in this House for 40 years. Never missed a vote. And when 
he would get up and ask for bipartisan support for this bill, he would 
get it. As a member of the minority, for year after year I voted for 
this bill because it is the people's bill, because the needs of the 
American public are met by this bill. And the people who pay the taxes 
benefit in large part from the services and support programs provided 
in this bill. There are over 500 programs in this bill. It is a very 
complex bill, something that our chairman, Mr. Regula, understands 
better than anyone. And he knows this bill inside and out. So I would 
appeal to my colleagues on the other side of the aisle to provide the 
same level of nonpartisanship that we did when we were in the minority.
  The American public is very concerned about the level of acrimony and 
partisanship here in Washington today. Here is a day, here is a bill 
where we can set that aside and work together to provide a bipartisan 
vote to support this bill. Is it a perfect bill? No. But it is a good 
bill. And there is an old saying: Do not let the perfect be the enemy 
of the good. And this is a very good bill.
  We do not have unlimited resources in this country. We have to make 
priorities. And Chairman Regula has done that. Under his leadership, 
and since our party became the majority party, we have doubled--doubled 
the amount of Federal aid to public education. We have doubled. That is 
an astounding number. And there is an even better one. We have tripled 
the funding for the National Institutes of Health, the institute that 
provides the research, that supports the research done at American 
colleges and research institutions around the country, that gives us, 
this country, the level of quality of health care that it has, the best 
in the world. So we not only have set these priorities in a very tough 
budget year, but he has increased funding. By making further changes in 
the bill, Chairman Regula has provided an additional $100 million for 
funding for special education to States.
  Now, again, both parties have been very supportive over the years of 
the Individuals in Education Act. We, our party, I think, to our 
credit, have dramatically increased the level of funding in IDEA. The 
Democrats did their part. We are doing our part.
  We have, again, increased LIHEAP, which is very important in my part 
of the country, in the Northeast. And community health centers, for the 
people who do not have health insurance in this country, here is an 
opportunity to help them, to provide health care, good solid health 
care that we all need. So I just hope that we can set partisanship and 
some of that acrimony that we all have to deal with on a daily basis 
down here; let us set it aside on this really good, solid effort, and 
let us all support this bill.
  And I thank Chairman Regula for his leadership, and I am proud to be 
a member of this subcommittee.
  Mr. OBEY. Mr. Speaker, I yield myself 30 seconds. Let me simply say 
with respect to IDEA, aid to the disabled children, the fact is, this 
bill cuts the Federal share of that program from 18.6 percent to 18 
percent. And under the across-the-board cut that will be coming 
shortly, it drops further to 17.8 percent. In all, the bill will 
provide $4 billion less than the glide path to full funding that the 
Republican budget resolution promised just 2 years ago.
  Mr. Speaker, I yield 3 minutes to the gentlewoman from Connecticut 
(Ms. DeLauro).
  Ms. DeLAURO. Mr. Speaker, to my colleague on the other side of the 
aisle, I just might add that this is the people's bill. But, 
unfortunately, this particular bill is not meeting the needs of the 
American public as has been aptly pointed out by my colleague from 
Wisconsin.
  I also might say that there has been bipartisan support in the past 
because together we could come together and increase the opportunity, 
whether it was IDEA, whether it was for low-income assistance, whether 
it was for education, and it was a rallying point on a bipartisan basis 
to do something for the American people.
  Mr. Speaker, when we defeated this bill in November, it cut health 
research, college loans and low-income energy assistance. It cut 
assistance to working families and the unemployed by almost 4 percent. 
And at a time when America is falling behind competitors like China, 
whose economy is growing three times as fast as ours, it cut worker 
training. That bill failed by a bipartisan vote of 209 to 224.
  What about the bill is so different this time that it warrants 
passage? Very little. Indeed, this bill is at the same funding level, 
simply shifting money from one underfunded priority to another. If 
anything, once you consider the additional $1.4 billion in cuts that 
the Republican leadership intends to impose with a 1 percent 
government-wide across-the-board cut, this bill is worse.
  I understand that the chairman and his staff are doing their best. I 
do recognize that this bill includes many programs that the President 
had slated for elimination, especially in the area of education and 
community services block grants. But his is an impossible mission. He 
has been asked to craft a spending bill with resources that do not even 
allow for us to meet last year's levels with inflation. And why? And 
why? Not because America cannot fund these priorities. We are the 
richest country in the world. Rather, it is because the Republican 
leadership has chosen to use the funds we have for tax cuts that only 
impact Americans earning over $200,000 per year. I might add that 53 
percent of those tax cuts will go to people who make over $1 million a 
year. That is the real story behind this so-called budget crunch. That 
is what is preventing us from providing so many needed resources to 
help the good people of this country, the good people in our 
communities to look to government in times of need, and they are 
looking to government today, and we are saying to them, what government 
says is: Later for you. Forget it. We are not there when you need it.
  As I said in November, ask any middle class family today what is 
important to them, tax cuts for wealthy Americans or things like 
lowering the cost of health care, of heating their homes this winter or 
sending their kids to college? They will tell you every time that all 
they want is something that makes a difference in their lives and in 
their family's lives. This bill fails the test. I urge my colleagues to 
oppose it.
  Mr. REGULA. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Weldon), a member of our subcommittee.
  Mr. WELDON of Florida. Mr. Speaker, I thank the chairman for 
yielding, and I want to commend him for producing a very good bill, and 
I want to commend the full committee chairman, Mr. Lewis.
  I came to Congress 11 years ago, and over that 11-year time period, I 
have seen the size of this bill more than double. The working families 
in my congressional district have not seen their incomes double in that 
time period.
  We have seen unprecedented challenges that we have had to face this 
year, Hurricane Katrina, recovery from that, Hurricane Wilma, which 
significantly affected my district and the State I live in, and then, 
of course, we are fighting a war, a war on terror in this country.
  This is a very, very responsible bill. It is a good bill. I just ask 
all Members to keep in mind, you will hear statements that this bill is 
going to devastate health care in America. We have an over $13 trillion 
economy. We spend more than 17 percent on health care. The 
discretionary accounts in this bill represent less than one-tenth of 1 
percent of total health care expenditures.
  This is a very, very good bill. It is a very responsible bill, and it 
is good policy.
  I am a conservative. I came here to act in a responsible fashion, and 
that is

[[Page 28311]]

what this bill does. I encourage all my colleagues to vote for it. And 
I again commend the chairman.
  Mr. OBEY. Mr. Speaker, I yield 3 minutes to the gentleman from Rhode 
Island (Mr. Kennedy).
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I thank the ranking member, 
Mr. Obey, and I thank him and applaud him for his steadfast voice on 
behalf of those who need a voice on the hill, who always speaks up on 
behalf of those without a voice. And I want to thank the chairman for 
his steadfast work trying to make the best of a bad situation.
  You know, Mr. Chairman, I think that when you got on to that 
Republican bus and you were trying to find a seat up front for the 
people's bill, a seat up front for education, a seat up front for 
health care, a seat up front for human services, all the front row 
seats were already taken.

                              {time}  1445

  They were taken by the tax cut bill, they were taken by the corporate 
loophole bill for energy companies, and they were taken by the big 
pharmaceutical giveaways.
  I tell the chairman, in many respects, just like Rosa Parks, whose 
life we celebrated just recently, you were told to take your people's 
bill to the back of the bus.
  Right now, Mr. Speaker, that is just where all of our Nation's 
priorities are, at the back of the bus. These are priorities that ought 
to be at the front. These are priorities, like education, that are 
going to lead our country to the future.
  We are talking about a war now in the Middle East. We are going to 
have another war on our hands. It is an economic war. We used to use 
our military for political and military hegemony. Now, for us to have 
political hegemony, we need intellectual power. Our military analogy is 
our young people need to have textbooks, not tanks. They need to have 
pencils. They need to have schools that are not falling down on them. 
They need to be able to go on to higher education.
  But, unfortunately, Mr. Speaker, this bill represents the single 
biggest cut in higher education that we have ever seen in the history 
of this country. Imagine that at a time when our Nation's economy 
demands that our soldiers, our men and women who were trying to make a 
living for themselves, are being taken hostage because they do not have 
all the protective gear that they need. They do not have an education 
to wrap themselves around so that they can go out into that economic 
workforce and be protected and know that they can make a living for 
themselves in this new-world economy.
  So I thank the chairman for doing the best job that he could; but I 
am sure, as he knows, the people's bill, unfortunately, in this budget 
took a back seat to many other bills that, unfortunately, I do not 
believe it should have taken a back seat to.
  Mr. REGULA. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Washington (Miss McMorris).
  Miss McMORRIS. Mr. Speaker, I thank the chairman for yielding me this 
time.
  I rise in support of House bill 3010, and I especially wanted to 
highlight the increased funding for critical rural health programs.
  Access to quality and affordable health care is one of my top 
priorities, and in a district that stretches 23,000 square miles 
between the Canadian, Idaho, and Oregon borders, the distance creates 
considerable challenges to ensuring quality health care. We continue to 
see an increasing shortage of health care professionals. In towns like 
Odessa, Republic, Davenport, primary care coverage is sparse. Pregnant 
women must travel over 1 hour for care. In addition, it is becoming 
nearly impossible to retain primary care physicians and dentists, let 
alone specialists. I have said it before and I will say it again: this 
is unacceptable for 21st-century health care.
  This conference report is an important step in turning this tide for 
rural health care by increasing funds for the Office of Rural Health 
and Research Policy, Rural Health Outreach Grants, and Area Health 
Education Centers. Training in primary care and dentistry will receive 
$13 million above the original conference report. These title VII funds 
have helped support Family Medicine Spokane's rural training efforts, 
which is still producing family practice doctors who want to stay in 
practice in rural areas like Washington, Wyoming, Alaska, Montana, 
Idaho. Training and recruitment of health professional students remains 
an important priority.
  When this bill was addressed on the floor in June, I spoke of the 
need for additional rural health care funds, and Chairman Regula 
assured me that he would consider increasing those funds in the 
conference report. I thank him for helping to preserve the Federal 
rural health infrastructure and increasing funding for these necessary 
programs. I appreciate his leadership on this issue.
  We have made a solid step, and I urge my colleagues to support this 
legislation as we continue to advance legislation that will strengthen 
America's rural health infrastructure.
  Mr. OBEY. Mr. Speaker, I yield 5 minutes to the gentleman from 
Maryland (Mr. Hoyer), the distinguished minority whip.
  Mr. HOYER. Mr. Speaker, I thank the ranking member for yielding me 
this time.
  This is not Mr. Regula's bill. I do not really believe it is Mr. 
Lewis' bill. It is the bill that is the result of the fiscal policies 
we have been pursuing for the last 5 years, however.
  And let us be clear. The so-called new and improved Labor-HHS bill is 
virtually identical to the conference report that the House rejected on 
November 17 in a bipartisan way. There is no reason for any Member to 
vote for it today, in my opinion. It is just like the flawed first 
version. This conference report betrays our Nation's values and, I 
think, investment in our future.
  Last week, this House majority passed more than $94 billion in 
additional tax cuts, the benefits of which go mostly to the wealthiest 
in America. This week with this bill, we are slashing discretionary 
spending for education, health care programs, worker training, and 
assistance to the most vulnerable of Americans. That is just half of 
it. If the Republican leadership gets its way, it will impose an 
across-the-board cut that nearly doubles the cuts in this bill to some 
$3 billion.
  Let no one be mistaken. When push comes to shove, this majority 
without fail puts its friends ahead of our Nation's future. I do not 
refer to the chairman of the committee or the chairman of the 
subcommittee.
  Now, our colleagues on the other side of the aisle can claim there is 
little they can do to improve the funding levels in this bill, because 
the fiscal policies they have pursued have put them in a position where 
we have insufficient funds to fund the priorities of this Nation.
  They say they have no options, no alternatives. They say they are 
only complying with funding levels dictated by the Republican budget 
resolution. One of my Republican predecessors, Mr. Regula's Republican 
predecessor, refused to vote for the budget simply for that reason a 
number of years ago. He said, I cannot do this bill within the context 
of the budget that is presented.
  Now they want to conveniently ignore the undeniable truth. They voted 
for that budget resolution, which put them in the straits they now find 
themselves. They want to vote for draconian cuts in April and proclaim 
that they are getting tough on spending and then 8 months later they 
want to disclaim responsibility when those cuts are enacted.
  The inappropriate funding levels in this conference report are the 
inevitable consequence of the most irresponsible fiscal policies in the 
history of our Nation that we are pursuing, of policies that have 
spawned record deficits. This administration started with a $5.6 
trillion surplus. It is now confronted with a $4 trillion deficit. 
There are no fiscal conservatives on that side of the aisle, I tell my 
friends, of policies that this Republican majority and the 
administration have enacted to deliberately deprive our government of 
the resources that it needs and that our people know our country needs.

[[Page 28312]]

  Finally, Mr. Speaker, let me say that I am particularly incensed that 
at a time of record heating costs, the subcommittee defeated Mr. Obey's 
amendment to provide an additional $2 billion for the Low Income Home 
Energy Assistance Program.
  I predict to you today, just as when we rejected funding for the 
veterans that we said was necessary and their health care, you are 
going to be back here with a supplemental funding additional energy 
costs for seniors.
  And, by the way, let me also say Mr. Obey had an amendment which was 
going to give to seniors an additional 6 months to make a determination 
to figure out this incredibly complex prescription drug bill that we 
have put on their doorstep, and that was rejected unanimously by 
Republicans while it was unanimously supported by Democrats.
  The message here, Mr. Speaker, is unmistakable and sad. While the 
wealthy have money to burn, the poor get to shiver in silence. I simply 
do not understand why the majority refused to adopt a second amendment, 
as I said, to extend time for seniors. We all know the reality. The 
Republican prescription drug plan is so complicated and confusing that 
millions of seniors need and deserve more time to weigh their options.
  I urge my colleagues to vote against their conference report. I 
regrettably say that, but I think the failures contained in it compel 
that conclusion.
  Mr. REGULA. Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself 4 minutes.
  Mr. Speaker, one of the previous speakers on the majority side of the 
aisle said that we have limited resources, we have to make priority 
choices. That is absolutely right. The problem is with the priority 
choices that the majority has made.
  They are fond of pointing to the fact that we have had extraneous 
expenses such as Katrina, and they say that is why we have to squeeze 
bills like this. But, in fact, under actions already taken by the 
majority party in this Congress, over the next decade they will provide 
$1.2 trillion in tax cuts for persons who make more than $400,000 a 
year, the top 1 percent of earners; and they have done virtually all of 
it by borrowing money to provide those tax cuts. I would point out that 
that $1.2 trillion is more than five times as much as the Federal 
Government will spend by anybody's estimate on repairing Katrina.
  I would say that also the actions of the last week, when they added 
$70 billion to the tax breaks that they are providing, again with 50 
percent going to the top 1 percent, demonstrate what the values and 
what the priorities of the majority party would be.
  If we ask the average family in this country what they need in order 
to be able to deal with their own problems, I think what they would say 
is they need help to see to it that they have adequate access to 
education for their children. I think they would say that if somebody 
loses a job, they need help to get decent retraining. I think they 
would ask for fair treatment in the workplace. I think they would ask 
that their family have decent health care. And I think seniors would 
ask that they be provided a secure retirement with adequate medical 
care and help to pay their drug costs. The fact is that this bill fails 
on virtually all tests.
  I would say also, as the gentleman from Maryland indicated, we did 
try to do one additional thing for senior citizens. Because of the 
incredibly confusing prescription drug program which seniors are being 
asked to sign up for, because that program is so incredibly confusing, 
we tried to get the majority to consider a 6-month delay in the 
deadline that seniors have to meet in signing up for that program. That 
motion failed on a party-line vote, unfortunately, on a 7-7 vote.
  I would hope that before this Congress ends, the Congress will 
recognize that that program is so incredibly convoluted that there must 
be a delay in the sign-up deadline so that seniors have more time to 
make what could be a very confusing and devastating choice if they make 
the wrong choice.
  Having said that, Mr. Speaker, I want to thank the staff on both 
sides of the aisle for the work that they have done on this bill. It 
has taken a good number of good people to produce what I think is a bad 
product because of the allocation; but, nonetheless, I appreciate the 
hard work and I appreciate the enduring friendships that we have across 
the aisle.

                              {time}  1500

  Mr. Speaker, I assume this is the last time I will speak on the floor 
before Christmas, so I want to wish everyone Merry Christmas and a 
happy new year, and enough blessings so that you will reconsider some 
of the mistakes in this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. REGULA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I say to my colleague from Wisconsin, if you would give 
us a few votes, we would have an even merrier Christmas.
  Mr. OBEY. Unfortunately, our constituents would not.
  Mr. REGULA. Well, I am not too sure about that. I think it is going 
to be kind of tough to go home and explain how you are voting against 
an additional $100 million for title I, and I think you are going to 
have a tough time explaining to parents of children that have special 
needs that you voted against an additional $100 million for the 
programs for special needs kids. I think you are going to have a tough 
time explaining how you voted against adding $250 million in medical 
research at NIH to deal with the multitude of challenges, and to the 
communities that are earmarked for Community Health Centers, to help 
people without a doctor, without medical care. I am not sure how you 
explain to them they are going to have a merry Christmas when they are 
not getting their Community Health Centers and the Community Services 
Block Grants.
  I want to say to my colleagues, this is a good bill. I recognize we 
had limited resources. There are a lot of things that were unusual this 
year with Katrina and with other challenges, and what we have tried to 
do is do the best we can with what was available; and I think we have 
done some pretty positive things.
  I want to say to my colleagues on our side of the aisle, we are not 
getting any help from our friends on the minority side, so I would hope 
that we will have strong, strong support on our side to demonstrate 
that we can govern, that we can pass a very responsible bill with less 
money than the past because we have managed what we had in a more 
effective way.
  But also I say to my colleagues that we want to say to the public 
that we do care about education, that we do care about the teachers, 
that we do care about the students who will benefit from that extra 
$100 million in title I. We want to say to the families of special 
needs children, we do care about your problem, and we want to support 
that extra $100 million that is in this bill. And we want to say to 
people who are confronted with the whole myriad of challenging medical 
problems, such as juvenile diabetes, that we want to help and we want 
to support an additional $250 million for NIH.
  We want to say to those that need Community Health Centers, where 
they do not have access to medical care, we want to help you with $66 
million additional, and with LIHEAP, with the Northeast in particular, 
and with the Community Services Block Grants.
  This is a bill that is caring about people. I would suggest to my 
colleagues on this side that we need to demonstrate with a very strong 
vote that even though our friends on the other side think it is not 
enough that it is going to have problems involving reconciliation; but 
this is not a Ways and Means bill, this is not a Budget bill, this is 
the people's bill with people's programs. It is not the reconciliation 
bill. That is another topic, and people will have their opportunity to 
vote on that.
  But I simply want to say that given the resources that we have, given 
the times that we are confronted with, that we have done a very 
responsible job, even to the point that Members have sacrificed their 
earmarks. They

[[Page 28313]]

have sacrificed $1 billion worth of earmarks in order to do the things 
that I outlined before, to do more education, to do more health 
research, to do more Community Health Centers. So this is something 
that all of us are taking part in trying to serve the needs of the 
American people as effectively as possible. This is a lot of money, 
$142.5 billion, and this literally is the people's bill.
  I want to point out to my friends on the other side that when the 
Republicans became the majority party, this bill was $69 billion. 
Today, it is $142 billion, more than double what it was in 1994. That 
is pretty substantial dedication to education, to health research, to a 
whole host of things.
  I would point out in the last 10 years we have increased title I aid 
to disadvantaged students by 91 percent. We have increased special 
education by 380 percent. That is a dramatic increase. I think it is 
great that we, and I want to say historically that has had strong 
bipartisan support, that we care about people who have needs.
  I was once an elementary principal in a public school, and we did not 
have any special education program. That was the problem of the 
families. Today, we have billions of dollars spent on these programs. 
That is a credit to America, that people do care about each other; and 
it is demonstrated by the support we have for IDEA, with an increase of 
380 percent. That has been bipartisan. We have tripled the Federal 
funding for reading programs. I think we are more and more aware that 
learning to read early in your education experience is vitally 
important.
  Today, we are faced within the United States with a dropout rate of 
over 30 percent. That is a terrible waste of human talent. One of the 
things that causes that, I think, is inadequate reading programs early 
on. We are trying to address that problem. We have addressed that 
problem.
  We are also recognizing in this bill that the key to a good public 
education system is a good teacher, a good principal, a good 
superintendent, caring people. So we put in this bill some additional 
money to recruit and retrain quality public school teachers and 
principals. Parents who have worked with principals in the school 
system know how important that is.
  Pell grants, we have gone up 64 percent in the last 10 years. Again, 
we want to help those students who want to get an education who have 
limited economic resources to get an opportunity to participate in the 
American Dream. We have done this with America's Historically Black 
Colleges. We have increased their funding 182 percent. That is a 
dramatic commitment on the part of the Federal Government.
  All in all, I think we as a Congress can take some pride. This is not 
the back of the bus when you spend $142 billion. Anything but. This is 
a front-row seat. And we have tried to make sure that every American, 
every American, could be in that front-row seat on the education bus, 
on the health research bus, on the Labor Department programs for job 
retraining bus. I think this is a bill we can take pride in.
  My colleagues on my side, since we cannot get any help from our 
friends on the minority side for whatever reason, I have not quite 
figured that out, but I think our Members need to strongly support this 
bill and continue the pride we can take in our accomplishments since we 
became a majority, since 1994, as I have outlined, and particularly in 
the last 10 years.
  This is a bill that is responsible, it is a bill that reflects good 
management of resources, it is a bill that we should all support 
strongly. I hope my colleagues on the majority side will come in and 
vote in a positive way to increase education, to increase medical 
research, to increase a whole host of things that will serve our people 
throughout this land effectively.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in opposition to this FY 2006 
Labor-HHS Conference Report.
  Almost a month ago, this House rejected an earlier version of this 
legislation by a vote of 209-224 because it shortchanged the nation's 
critical education, health care and job training priorities.
  Today we are being asked to pass judgment again on a virtually 
identical piece of legislation--as if shuffling $180 million between 
accounts in a $602 billion conference report can begin to compensate 
for the deficiencies in the underlying bill.
  Mr. Speaker, the Labor-HHS Appropriations bill used to be called 
``the people's bill.'' So what are the people getting today? Here's a 
sample from this legislation's hall of shame:
  There are $779 million in cuts for No Child Left Behind, meaning 3.1 
million kids won't get the reading and math help they were promised.
  A freeze in the Low-Income Home Energy Assistance Program, LlHEAP--
despite the 44 percent increase in natural gas prices and 24 percent 
increase in home heating oil prices expected this winter. This House 
has refused to provide sufficient help to families in need despite the 
fact that it voted a few months ago to give the oil and gas industry a 
$14 billion tax subsidy.
  A cut in real terms from the National Institutes of Health that will 
result in NIH funding 505 fewer research grants than it did just two 
years ago.
  A 5 percent cut in critical services for the 7.4 million unemployed 
and displaced workers left behind by our increasingly globalized 
economy.
  Mr. Speaker, the list goes on and on.
  While this conference report is not completely without merit--ranging 
from its increased funding for rural health to the reinstatement of the 
Bureau of Labor Statistics' women worker survey--its overarching 
trajectory falls far short of what our nation and its people deserve. I 
do not believe that it reflects the values and priorities of the 
American people.
  Mr. MARKEY. Mr. Speaker, I rise today to oppose the second FY 2006 
Labor, Health Human Services and Education Conference Report.
  I opposed the first conference report last month because it 
inadequately funded virtually every area of need and slashed $1.5 
billion from our country's critical health, human services, education 
and labor programs. This new, but definitely not improved conference 
report slashes $1.6 billion from these programs actually increasing the 
total cuts to these agencies by $90 million.
  While I was pleased to see increases in the Title VII programs and 
other important health programs, this bill did not provide new funds 
for these programs, it simply robbed Peter to pay Paul. In this case, 
the Republican leadership has apparently decided that its more 
important to provide federal funding for Viagra and other erectile 
dysfunction drugs than it is to fully prepare ourselves for the threat 
of a pandemic flu, such as the Asian bird flu.
  The new conference report eliminates $120 million for pandemic flu 
preparedness in order to fund these increases with the promise that 
they will make up for it in other bills. However, you can't cram for a 
pandemic. We need to have the funds in place to prepare our public 
health system for the threat of pandemic influenza now.
  Further, the Republicans have been considering making an additional 1 
percent cut to all of the programs funded by this bill. If they do 
that, it will double the cuts in the bill, bringing the total cuts to 
$3 billion. That is $3 billion less for critical education, job 
training, health, and energy assistance programs. When you combine 
these cuts with the Republican spending cuts bill that they passed as a 
part of Reconciliation, programs that help the poor, the sick, the 
elderly and other Americans who need our help the most will be cut by 
$48 billion over the next 5 years.
  When you compare these massive cuts for the most vulnerable to the 
incredible $56 billion Republican tax cut giveaway for millionaires 
that Republicans passed last week, there is no question where the 
Republicans priorities are.
  When in the span of 2 weeks, the Republicans give the top 1 percent 
of Americans who are millionaires an extra $32,000 a year and cut 
unemployment insurance and employment service offices to help the 
unemployed by $229 million and cut Head Start by $11.2 million and cut 
Community College training grants by 50 percent and cut the 
international assistance grants to eradicate child labor by $20 million 
it is clear what the Republican priorities are.
  While the Bush administration has never fully funded the No Child 
Left Behind Act, this bill goes a step further by actually cutting 
total federal education funding for the first time in a decade--cutting 
No Child Left Behind so that it is now $14 billion below the authorized 
level, slashing special education, safe and drug free schools, 
education technology grants and freezing the maximum Pell grant award 
for the fourth year in a row despite rising tuition costs.
  At a time when we are trying to prepare our country for the aging of 
the baby boomers and

[[Page 28314]]

threat of pandemic flu, this bill cuts funding for healthcare. It cuts 
the CDC's budget by $249 million and provides the smallest percentage 
increase to NIH in three decades. And if the Republicans make a 1 
percent cut to all of the programs, NIH will get a real cut.
  The bill before us today would also freeze funding for the Low-Income 
Home Energy Assistance, LIHEAP, at $2.18 billion, counting both basic 
formula grants and emergency grants--the FY 2005 level. LIHEAP serves 
about 5 million households, the majority of which have at least one 
member who is elderly, disabled, or a child under age 5. The conference 
report is freezing LIHEAP even though consumers are expected to pay 52 
percent more for natural gas, 30 percent more for home heating oil, and 
11 percent more for electricity this winter.
  The Republicans won't fully fund LIHEAP because they have other 
priorities. Their budget makes that quite clear. Tax cuts for 
millionaires, tax cuts for the giant oil companies, weakening 
environmental regulations for their business cronies. Those are the 
priorities for the Republican-controlled Congress. Funding for 
education, health care and low-income home energy assistance so that 
seniors on fixed incomes, and poor families can heat their homes this 
winter, are not their priorities.
  I urge a ``no'' vote on this bill.
  Mr. LANGEVIN. Mr. Speaker, I rise today in opposition to the Labor, 
Health and Human Services and Education Appropriations conference 
report before us. One month ago, the House of Representatives voted 
this bill down because it failed to address the priorities of the 
American people. I am disappointed that the conferees have sent it back 
to us without significant changes.
  Before we voted on this bill in November, my constituents told me 
what was important to them. Rhode Islanders, like all Americans, are 
concerned about health care and the economy. I believe the public 
sentiment on these issues accounted for the failure of this bill last 
month. With more than 45 million uninsured Americans and 7.4 million 
unemployed Americans, now is not the time to cut health professions 
training grants by 51 percent or take $229 million away from the 
unemployment insurance and service programs. Yet, this second 
conference agreement once again proposes to do just that.
  The consequences of ignoring these societal problems are far-
reaching. Major cutbacks in the areas of education and health care will 
have a tremendous economic impact on our Nation. However, the 
Republican leadership set the stage for cuts in these critical 
programs. When Congress passed H. Con. Res. 95, the Budget Conference 
Report, they made it clear that tax cuts for the wealthy will continue 
to be paid for by slashing programs that Rhode Islanders depend on.
  Last month, I outlined my concerns about specific aspects of this 
bill--cuts for No Child Left Behind, an already underfunded mandate; 
the failure to increase the maximum Pell Grant as included in the 
original House bill; and providing insufficient funding for the 
National Institutes of Health, which would decrease the number of 
federal research grants for the second year in a row. As these concerns 
have not been addressed in the second conference report, I urge my 
colleagues to reject H.R. 3010--again.
  Mr. STARK. Mr. Speaker, I rise in strong opposition to the newer, but 
not better, Labor-HHS-Education appropriations conference report.
  Less than a month ago, the Members of this House rightfully defeated 
the previous version of this conference bill. Unfortunately, the 
Republican Majority did not get the message that Americans do not want 
Congress to cut $1.5 billion in critical programs.
  Like their previous bill, the Republicans continue their assault on 
health care programs. Even with nearly 46 million uninsured Americans, 
800,000 of whom were added last year alone, the Republicans provide 
virtually no funding for new Community Health Centers beyond those 
approved last year. They also propose cutting grants for immunizing 
children, responding to disease outbreaks and improving care for people 
with chronic diseases.
  Unbelievably, the Republicans did not stop there. Just one year after 
failing to have enough flu vaccine available and with the impending 
pandemic of avian flu, this bill cuts $100 million of funding for flu 
preparedness. Also, just one day after President Bush acknowledged that 
the current Medicare prescription drug benefit was confusing, this bill 
ensures that help will be even more difficult to come by. It cuts by 
$60 million the funding used to pay for helping seniors' choosing their 
new Medicare prescription drug benefit.
  Cuts were not limited to health care programs. This bill also cuts No 
Child Left Behind funding, education technology programs and special 
education programs. The Education for the Disadvantaged Program 
receives the smallest increase it has ever received in 8 years, 
negatively affecting 3.1 million low-income children. It is no wonder 
Republicans pushed so hard to privatize Social Security earlier this 
year. With the poorly educated workforce the Republicans are surely 
creating, there may be too few highly-trained workers to pay into 
Social Security to take care of my Republican colleagues and me in our 
retirement.
  Beyond education, this bill will literally leave people out in the 
cold. Consumers are expected to pay 44 percent more for natural gas and 
24 percent more for home heating oil this winter, yet Republicans 
failed to increase funding for programs that provide home heating 
assistance for low-income seniors and children.
  There are, regrettably, many more worthwhile programs the Republicans 
have targeted. Programs to train workers for high skill, high paying 
jobs are cut $125 million; job search assistance is cut $89 million; 
state unemployment insurance and employment service offices are cut 
$245 million eliminating help for 1.9 million people. The International 
Labor Affairs Bureau, tasked with protecting American workers from 
being undercut by child and slave labor abroad, is being cut $20 
million. Based on the Republican efforts to cut employment services, 
you'd never know this Administration has overseen the lowest rate of 
job growth since Herbert Hoover.
  America can do better than a bill that cuts education, health care 
and labor programs especially while Republicans work to propose tax 
breaks for the wealthiest among us. This bill clearly shows the 
misguided priorities of the Republican Majority. I urge my colleagues 
to join me in voting ``no'' on this harmful and dishonorable bill.
  Ms. LEE. Mr. Speaker, I rise in strong opposition to this conference 
report and thank Mr. Obey, Ranking Member of Approps Committee, for the 
time.
  This morning I greeted hundreds of faith leaders on the steps of the 
Cannon building. They gathered from across the country to march 
together and pray together and to deliver a message to Congress. Their 
message was simple: The budget is a moral document and we have a moral 
obligation to ensure its priorities reflect our values.
  Mr. Speaker, I have to ask why aren't we listening to them?
  Who better than faith leaders, who serve on the front lines, who feed 
the hungry, who clothe the naked, who house the homeless, to tell 
Congress about the impact of this immoral budget on our families and 
our communities?
  They recognize that the priorities reflected in our budget are not a 
partisan issue, but an issue of who we are as a Nation, and what our 
values are.
  We know that the Republican budget cuts and this conference report, 
which is a critical part of their budget, is nothing more than an 
assault on the least among us--and it does not reflect our values.
  That is why I encourage my colleagues to vote with their values and 
let's defeat this bill just like we did a month ago.
  Don't tell me we can't do better.
  Mrs. CHRISTENSEN. Mr. Speaker, I rise today to express my opposition 
to H.R. 3010--the Labor-HHS-Education Appropriations bill for FY 2006. 
Just like the conference report that preceded it, and was rejected in 
the House on November 17, 2005, H.R. 3010 finances tax cuts for this 
Nation's millionaires and billionaires--those who have the most--on the 
backs of those who have the absolute least. We, as a Nation, can and 
should do better.
  H.R. 3010 strips critically important dollars from education, health 
care, job training and social programs--the very same programs that 
already were underfunded, and the very same programs that help our most 
vulnerable residents and those who have fallen on hard times have a 
chance to achieve the American dream.
  Mr. Speaker, H.R. 3010 undermines the value and importance of 
education by cutting No Child Left Behind by $779 million. What's 
worse, the revised version will leave 3.1 million children without 
adequate reading and math help and instruction--two academic subjects 
that are among the most important and in areas where the United States 
lags behind other countries. H.R. 3010 will leave 6.9 million children 
without adequate special education services, and cuts safety and drug-
free programs by 20 percent! Additionally, H.R. 3010 breaks its promise 
to low-income students who achieved what some may have thought 
impossible: working extremely hard to earn acceptance into college. The 
revised version does not increase the Pell Grant. Instead, it freezes 
it for the 4th year in a row, all while tuition at public colleges and 
universities has increased 34 percent in the last 4

[[Page 28315]]

years. Furthermore, H.R. 3010 freezes all other student financial aid 
support and programs. Well, Mr. Speaker, as a parent and as someone who 
deeply values education, I am not willing to tell hard working kids who 
are using education as a vehicle to better their situations and their 
futures that I did not hold up my end of the deal.
  Mr. Speaker, I am obviously disheartened by the disastrous cuts to 
education programs that are included in H.R. 3010. However, as a 
physician who knows--first hand--how important health care access is to 
health and well being, and how beneficial health professions training 
programs are to diversifying the rising pipeline of health care 
providers, I am horrified at the extensive cuts to health care 
programs, which include the following:
  Cutting $153 million from Title VII health professions training 
programs;
  Putting an essential end to the President's community health center 
initiative;
  Freezing most Ryan White CARE Act programs that provide medical and 
dental care, and extend often life-saving support service programs to 
people living with HIV/AIDS and the families who care for them;
  Eliminating the Healthy Communities Access Program, a program that 
was designed to meet the health care needs of this nation's ever-
growing uninsured citizens; and
  Cutting the Maternal and Child Health Block Grant--which helps states 
provide mothers with important prenatal care and offer preventive 
health care and medical treatment to children, including those with 
disabilities and special needs--by $24 million.
  Mr. Speaker, I know what these cuts to health care programs will do: 
they will increase the already unacceptably high numbers of uninsured 
Americans; create insurmountable barriers to necessary health care 
services and treatments for our most medically-needy and medically-
underserved citizens; exacerbate the racial and ethnic as well as the 
rural health disparities that plague and cost our health care system; 
and leave hundreds of thousands of hard working and decent men, women 
and children in poorer health with less access to health care.
  And, Mr. Speaker, all of this just to finance tax cuts for the 
wealthiest people in this country.
  As a physician, as the Chair of the Congressional Black Caucus Health 
Braintrust and as a parent and grandparent, these funding cuts to 
education, health care, job training and other important social 
programs have me convinced that if we do not change our funding 
priorities, then we--as a Congress--will be playing an instrumental 
role in sending this Nation down the wrong path. And, Mr. Speaker, that 
is not a legacy that I am interested in leaving, and I encourage my 
colleagues--on both sides of the aisle--to oppose H.R. 3010.
  Ms. ROYBAL-ALLARD. Mr. Speaker, I regrettably rise in opposition to 
the Labor-HHS-Education Appropriations Conference Report, because it 
grossly under funds the essential programs in education, health and 
human services that help improve the quality of life of the American 
people.
  Chairman Regula has done his best to meet the needs of the most 
vulnerable in our society with the very limited resources he was given. 
Ironically, these inadequate resources are a direct result of his own 
Republican leadership putting tax cuts for the wealthiest in our 
country before the needs of working and middle-class Americans.
  This is the second time that the Labor-HHS Conference Report is 
before this House. Three weeks ago, Republicans and Democrats defeated 
the original conference report in a rare show of bipartisanship. 
Members on both sides of the aisle voted against the injustices of this 
bill, and refused to allow this 109th Congress to be defined by a 
Labor-HHS-Education bill that turned its back on the American people. 
This revised Conference Report continues the policy of shortchanging 
the needs and priorities of the majority of Americans.
  There are, however, two incremental improvements in this revised 
Conference Report. The report restores $37 million to rural health 
outreach grants and rural health research, bringing them back to last 
year's funding levels. It also adds $53 million to bring four of the 
Health Professions Training Programs back to FY 2005 levels. 
Nevertheless, these modest changes will have little impact on 
rectifying the enormous gaps created by the funding cuts in this bill. 
It is simply another version of misguided priorities and unacceptable 
choices.
  If we pass this conference report, the Departments of Labor, 
Education and Health and Human Services (HHS) will all receive less 
funding next year than they did in FY 2005. For example, the Department 
of Labor will receive $430 million less than in FY 2005, resulting in 
the elimination of skills training for 100,000 personnel in growth 
industries, and the abolishment of job search assistance for 1.9 
million unemployed workers. These are two critical programs that 
benefit the 7.6 million Americans who remain out of work. The 
Department of Education will receive $59 million less than it did in 
2005, and contrary to the administration's professed commitment to 
leave no child behind, this second conference report will reduce the 
``Even Start'' program for low-literate and low-income families by 56 
percent, freeze the English Language Training program, and fund IDEA 
with the smallest increase in over a decade. In addition, at a time 
when 45 million Americans are without health insurance, the Department 
of Health and Human Services will receive $1.1 billion less than the FY 
2005 appropriation. The result is that this revised conference report 
will further erode the health care safety net by terminating the 
Healthy Communities Access Program, cutting $24 million out of the 
Maternal and Child Health Block Grant, and eliminating the Health Care 
Planning Access Grants that help states expand health coverage to the 
uninsured.
  The revised Labor-HHS-Education Conference Report does not even come 
close to meeting the health and social welfare needs of our families, 
the educational requirements of our children, and the responsibilities 
we have to our most vulnerable citizens. Mr. Speaker, this country was 
built on a promise of hope and equal opportunity for all of its people. 
If the majority continues to ignore these values that have set our 
country apart and contributed to its greatness, we will lose our moral 
high ground and jeopardize our place as the most powerful country in 
the world. Our children will then be forced to live with the 
consequences of an undereducated workforce, a weak economy, and a 
society where good health and social justice are only afforded to the 
most privileged. Mr. Speaker, I urge my colleagues to reject this still 
ill conceived, unacceptable and unnecessarily under funded conference 
report.
  Ms. KILPATRICK of Michigan. Mr. Speaker, I rise in opposition to the 
conference report on H.R. 3010, Labor, Health and Human Services and 
Education Appropriations bill for fiscal year 2006. Like the version 
rejected by the House last month, the revised version still slashes 
health, education and jobs programs by $1.6 billion below the FY 2005 
enacted level.
  Mr. Speaker, this is the second time the House has considered the 
LHHS conference report. Sadly, a second look at the conference report 
is not better. On November 17, the conference report was rejected 
because the bill showed that the Republican-led Congress was out of 
touch with the priorities and needs of the American people.
  The bill before us today does not change the core principles rejected 
in the first conference report. The second conference report still 
underfunds key programs because of the Republican-led Congress and the 
Administration's fiscally irresponsible budget priorities, continued 
insistence on large additional tax cuts for the super rich, and the 
wars in Iraq and Afghanistan. Although appropriators must make tough 
choices because of these extraordinarily tight budget constraints, 
programs that help millions of Americans should not be on the chopping 
block.
  With a record 55 million children in public schools and state budgets 
stretched thin, No Child Left Behind (NCLB) funding is cut by $779 
million. Title I, which is the core of NCLB's efforts to improve 
reading and math skills, receives the smallest increase for Title I in 
8 years--only $100 million--which means 3.1 million low-income children 
will be left behind.
  Even as the cost of a 4-year public college education has increased 
by 34 percent since 2001, the maximum Pell Grant is frozen for the 
fourth straight year at $4,050, and no new funding for all other 
student financial aid and support programs is provided in this 
conference report.
  This conference report will actually cut the federal share of special 
education costs from 18.6 percent in FY 2005 to 18.0 percent by 
providing the smallest increase for the Individuals with Disabilities 
Act in a decade. The bill provides $4 billion less than what was 
promised for IDEA.
  With 7.6 million Americans out of work, Republicans cut the Community 
College Initiative's, which trains workers for high skill, high paying 
jobs by $125 million-rescinding funds provided last year and denying 
this assistance to 100,000 Americans.
  Republicans also cut job search assistance through the Employment 
Service by 11 percent and cut State Unemployment Insurance and 
Employment Service Offices by 7 percent, eliminating help for 1.9 
million people.
  Consumers are expected to pay 52 percent more for natural gas, 11 
percent more for

[[Page 28316]]

electricity, and 24 percent more for home heating oil this winter, yet 
this conference report failed to increase funding for LIHEAP home 
heating assistance, which helps keep the heat on for low-income seniors 
and families with children.
  Nearly 46 million Americans are without health insurance yet this 
conference report provides almost no funding for new Community Health 
Centers beyond those approved last year and eliminates the Healthy 
Communities Access Program and state planning grants to improve health 
care coverage.
  Preventive Health Block Grants to state health departments help 
address critical public health problems. The bill provides less for 
responding to disease outbreaks, immunizing children, and improving 
care for people with chronic diseases, when it cuts these grants by $31 
million.
  This conference report reflects the priorities of this Republican-led 
Congress and not those of Democrats and most Americans. The country's 
priorities should be based on the shared sacrifice of all Americans, 
not just sacrifices for the poor, working class, students and seniors.
  The Labor-HHS-Education bill should fund significant health, 
education, job assistance, training and research programs that impact 
every American. This conference report is way short in meeting the 
needs of Americans. Congress is walking away from our commitment to 
equal opportunity and a better quality of life for all Americans. 
Greater access to employment training, jobs, affordable healthcare, 
quality education, and ending disparities should be our goal.
  This bill falls short of achieving those goals.
  Mr. Speaker, despite the addition of modest funding increases for 
certain rural health programs, this bill still dramatically cuts the 
core principles and programs that are important to Americans.
  I oppose this LHHS conference report and urge all of my colleagues to 
reject this bill full of misguided priorities.
  Mr. BLUMENAUER. Mr. Speaker, a month ago, I voted against H.R. 3010, 
the Labor, Health and Human Services, Education and Related Agencies 
first conference report, which failed in the House with 22 Republicans 
also voting against the bill. Today, a similar bill with some minor 
tweaks to gain a few more votes for a narrow passage is before the 
House again.
  While I am glad to see $90 million restored to rural health programs, 
the overall bill is still bad. It is irresponsible to raid from one 
program to pay for another program. This bill contains $1.6 billion in 
cuts from FY 2005 to important labor, health, social services, and 
education services.
  It is unfortunate that Republicans in Congress are choosing to strip 
away essential safeguards for families in order to implement tax cuts 
benefiting the wealthiest Americans. I am voting against this bill 
because Americans deserve better.
  Ms. LEE. Mr. Speaker, I rise in strong opposition to this conference 
report and thank Mr. Obey, Ranking Member of Approps Committee, for the 
time.
  This morning I greeted hundreds of faith leaders on the steps of the 
Cannon building. They gathered from across the country to march 
together and pray together and to deliver a message to Congress. Their 
message was simple: the budget is a moral document and we have a moral 
obligation to ensure its priorities reflect our values.
  Mr. Speaker, I have to ask why aren't we listening to them?
  Who better than faith leaders, who serve on the front lines, who feed 
the hungry, who clothe the naked, who house the homeless, to tell 
Congress about the impact of this immoral budget on our families and 
our communities?
  They recognize that the priorities reflected in our budget are not a 
partisan issue, but an issue of who we are as a Nation, and what our 
values are.
  We know that the Republican budget cuts and this conference report, 
which is a critical part of their budget, is nothing more than an 
assault on the least among us--and it does not reflect our values.
  That is why I encourage my colleagues to vote with their values and 
let's defeat this bill just like we did a month ago.
  Don't tell me we can't do better.
  Mr. LEVIN. Mr. Speaker, this Labor, Health and Human Services, and 
Education Appropriations bill is a very flawed bill which would badly 
underfund health care, education, and social services critical to all 
Americans. Although I was unable to vote in favor of the bill, I do 
want to call attention to one bright spot.
  For the first time, the Congress has provided dedicated funding to 
educate women, their families, and their physicians about the risk 
factors and early warning signs of gynecologic cancer. Each year, tens 
of thousands of women die of gynecologic cancers that could have been 
treated had they been detected earlier. Ovarian cancer, the deadliest 
of the gynecologic cancers, has a survival rate of 80 to 90 percent if 
detected in Stage One or Stage Two and a survival rate of 20 percent or 
less in the late stages.
  Although only cervical cancer has a screening test reliable enough 
for routine use on women without symptoms, gynecologic cancers have 
clear risk factors and early warning signs. A recent study found that 
almost 90 percent of women with early stage ovarian cancer had symptoms 
before being diagnosed. That's why public education is key--if women 
and their doctors know the risk factors and early signs, a specialist 
can use diagnostic tools to rule out cancer or detect it in the early 
stages.
  I first became aware of the tremendous opportunity for the federal 
government to save lives when I heard the story of one of my 
constituents. Johanna Silver Gordon was a health-conscious public 
school teacher who died of ovarian cancer after being diagnosed in a 
later stage--leaving friends, family, and students heartbroken that 
they and she had not known the early warning signs. Unfortunately, her 
story is all too common. I first heard Johanna's story from her sister, 
Sheryl, and I introduced legislation to create Johanna's Law, a 
national public education campaign to eradicate gynecologic cancer 
death. Thanks to Sheryl's work and that of thousands of other tireless 
cancer survivors, family members, and physicians, Johanna's Law has the 
support of a majority of the House of Representatives and provided the 
inspiration for the language in this bill.
  The language in this bill directs the Secretary of HHS and the Office 
of Women's Health to coordinate their education and outreach efforts on 
gynecologic cancers into a national public education campaign, focused 
on early detection. The bill provides $100,000 in dedicated resources, 
in addition to the resources HHS already has for cancer education. It 
is a small but important first step toward ensuring that what happened 
to Johanna does not happen to other women. I commend the conferees for 
its inclusion, and hope we can work in a bipartisan fashion to build 
upon this effort.
  I also want to commend my colleagues, Darrell Issa, Rosa DeLauro, and 
Kay Granger, who have worked tirelessly with me to promote Johanna's 
Law and raise awareness of gynecologic cancers. I hope we can continue 
to work together to build on this start.
  Mr. CARDIN. Mr. Speaker, I rise in opposition to the fiscal year 2006 
Labor-Health and Human Services-Education Appropriations Conference 
Report. I was dismayed to hear my friend, the Chairman of the 
Subcommittee, state that this bill ``more than any other, illustrates 
the compassion of the American people.'' But the American people did 
not produce this bill, and, judging from the hundreds of calls and 
letters to my office, they do not support its provisions.
  Across the board, in nearly every area of importance to American 
families, our citizens are shortchanged by this bill. The Labor-HHS-
Education bill is often the most contentious appropriations measure to 
move through Congress. This is because the programs it funds affect the 
health, the quality of life, indeed the future of every American. This 
year, the original version of the conference report was deemed so 
harmful that it was rejected once already on November 17. Today, the 
authors of this bill have returned it to the floor with a few cosmetic 
changes designed only to secure enough votes to squeak the bill 
through. But this so-called ``new and improved version'' will be no 
less objectionable to the sensibilities of the American people and 
certainly no less harmful to American families.
  This legislation sends a clear message to the American people: for 
educational opportunity, for food assistance to elderly Americans, for 
help with heating bills next winter, for access to quality health care, 
for advances in medical research: do not look to this Congress for 
help.
  The majority says it cares about families, about better education, 
about improved health care, about a productive workforce, about 
economic opportunity. But it has produced a bill that cuts the 
bootstraps of middle class families trying to stay afloat and aspiring 
families who are reaching for the American dream.
  Overall, this bill cuts $1.5 billion from last year's funding levels. 
Let us examine what effect these cuts will have on our Nation.
  A strong and productive workforce is key to our Nation's future. 
According to the Department of Labor, nearly 8 million Americans and 
120,000 Marylanders are unemployed. But this Congress is poised to 
slash more than $400 million from job training and employment services 
funding.

[[Page 28317]]

  It will also cut State unemployment insurance and employment service 
offices by $245 million, and assistance for approximately 1.9 million 
people will be jeopardized.
  This bill also cuts by $250 million the Community College Initiative, 
which is President Bush's initiative to help community colleges train 
prospective workers for high-skill jobs. The conference report cuts 
funding for that effort by $125 million and rescinds $125 million from 
fiscal year 2005 funds.
  A healthy America is key to our Nation's future. We have more than 45 
million Americans without health insurance. Many of them rely on 
networks of community health centers to receive much needed care. I was 
encouraged by the President's initiative to increase the number of 
community health centers around the country, but the conference report 
provides $238 million less than the President's request. The Republican 
leadership supports this conference report, despite the fact that this 
House passed in July a resolution stating that community health centers 
are ``vital to the nation's communities.'' Surely, the dedicated 
workers at our health centers will find the words of that resolution 
hollow if this conference report is passed. This conference report cuts 
health care access for underserved areas of the country. It eliminates 
the community access program, which provides lifesaving and life-
enhancing health care to many regions that lack a sufficient number of 
health care facilities.
  This bill cuts title VII health professions programs by 69 percent 
and it eradicates several programs entirely. This is particularly 
outrageous coming from a Congress that claims to want to end health 
disparities. Johns Hopkins Institutions in my home town of Baltimore 
receive more than $2.5 million in funding for title VII grants. These 
programs serve different spheres of the health care system, from the 
Schools of Nursing, Public Health and Medicine. All of this funding is 
jeopardized by the bill before us today.
  The National Institutes of Health is headquartered in my home State 
of Maryland. Over the past year, I have met with dozens of 
representatives from patient groups. They are aware that the 
President's budget for fiscal year 2006 proposed the smallest increase 
for NIH in 36 years. The paltry increase in this bill does not even 
keep pace with inflation. What does it mean in real terms? Not only 
will we not be able to increase our efforts to fight diabetes, HIV/
AIDS, cancer, brain injury, Alzheimer's and other pernicious diseases, 
we will actually see a reduction in the number of grants and the number 
of research projects funded by NIH.
  Improvements in education are key to our Nation's future. This 
Congress speaks often about the need to hold our schools accountable, 
yet this conference takes away the funding our school districts need to 
improve students' achievement levels.
  Title I funding for low-income children are given a 0.8 percent 
increase--the smallest increase in 8 years, and only a fraction of the 
increase requested by the President. Special education grants receive a 
0.9 percent increase--the smallest increase in 10 years.
  We talk a lot about the need to increase education technology, yet 
this conference report cuts that funding by nearly half. We speak of 
the need to protect our children from violence and illegal drugs, but 
this bill cuts Safe and Drug-Free Schools by one-fifth, and provides no 
increase for after-school programs for the fourth consecutive year.
  Everyone in this House can agree that the cost of higher education is 
soaring, but this conference report fails to provide any increase 
whatsoever for Pell grants, without which so many college students 
could not continue their education. President Bush proposed a $100 
increase, the House passed a $50 increase, but the conferees did not 
even provide that. Instead, they froze the maximum Pell grant amount at 
$4,050 for the fourth consecutive year.
  Finally, our goodness as a nation is measured by how we treat the 
most vulnerable Americans. If we are to truly be a great nation, we 
must care for those who are less able to care for themselves. It is 
disappointing that this conference report slashes funding for the 
Social Security Administration, which is entrusted with processing 
disability claims for millions of Americans. In my district, the Third 
Congressional District of Maryland, I represent many employees of the 
Social Security Administration. They are hardworking, dedicated 
staffers, but they can only do so much without adequate funding for 
personnel and technological support. In the Ways and Means Committee, 
we have had several hearings about the backlogs of cases at SSA, and 
Commissioner Barnhart has sought congressional assistance in bringing 
her processing systems up to date. Unfortunately, this bill will not 
make SSA employees' jobs any easier nor will it help reduce the backlog 
of pending cases. In fact, the backlogs will get worse. The House 
failed to provide the President's request, it provides even less than 
the House- or Senate-passed bills.
  Some of my colleagues have defended these cuts as necessary to 
restore fiscal discipline to our budget. When combined with a planned 1 
percent across-the-board cut, this bill will save approximately $3 
billion over last year's spending, and $15 billion over the next 5 
years. But at the same time, the congressional leadership is advancing 
an agenda of tax cuts that exceed $70 billion. They are asking us to 
believe that it is necessary to eliminate programs and inflict pain on 
American families, but they are doing this not to balance the budget, 
but to make room for tax cuts.
  Mr. Speaker, when this House defeated the Labor-HHS bill prior to the 
Thanksgiving recess, it was because a majority of this House believed 
that it would jeopardize vital services for millions of Americans. The 
revisions in today's conference report are minimal and keep us on the 
same track toward wiping out key safety net programs. Therefore, I rise 
again in opposition to this conference report and urge my colleagues to 
do the same.
  Mr. ETHERIDGE. Mr. Speaker, I rise in opposition to H.R. 3010, the 
Fiscal Year 2006 Appropriations Act for the Departments of Labor, 
Health and Human Services and Education. H.R. 3010 severely cuts 
education, health care, and human services that are crucial to North 
Carolina and to the country. This conference report is only marginally 
better than one that failed last month.
  As the only former state schools chief serving in Congress, I know 
firsthand the devastating effects that these education cuts will have. 
At a time when we are asking our schools to do more than ever, H.R. 
3010 cuts No Child Left Behind Funding by $779 million below last 
year's level and makes it impossible for our schools to meet high 
standards of accountability. These cuts will destroy the morale of our 
teachers, parents and students.
  America's working families are struggling to pay record costs for 
college tuition and expenses. Last November, President Bush made a 
campaign promise to increase funding for Pell Grants and invest in 
higher education. Even though the cost of a four year college education 
has increased thirty-four percent since 2001, the maximum Pell Grant is 
frozen at $4,050 for the fourth straight year in a row. America needs a 
highly trained and educated workforce to compete in the global 
marketplace of the 21st Century, but H.R. 3010 slashes funding for 
education at all levels and strains school budgets.
  The failure of H.R. 3010 to represent the values of the American 
people extends beyond the walls of the classroom. H.R. 3010 slashes 
funding for community health centers that assist the almost 46 million 
uninsured Americans, and under funds the Centers for Disease Control as 
we face the possibility of a flu pandemic. And as winter officially 
begins next week with expected record prices to heat their homes, H.R. 
3010 fails to increase funding for LIHEAP home heating assistance, 
which helps keep the heat on for low-income seniors and children.
  Mr. Speaker, H.R. 3010 fails to represent the priorities of the 
American people. I urge my colleagues to vote against this bad bill and 
restore funding for essential services for our families.
  Mr. REGULA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). Without objection, the 
previous question is ordered on the conference report.
  There was no objection.
  The SPEAKER pro tempore. The question is on the conference report.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 215, 
nays 213, not voting 6, as follows:

                             [Roll No. 628]

                               YEAS--215

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett

[[Page 28318]]


     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schmidt
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--213

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gerlach
     Gibbons
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Renzi
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--6

     DeGette
     Diaz-Balart, M.
     Feeney
     Hyde
     McDermott
     Ros-Lehtinen

                              {time}  1540

  Mr. BROWN of Ohio, Mrs. McCARTHY, Mr. GUTIERREZ, and Mr. DINGELL 
changed their vote from ``yea'' to ``nay.''
  Messrs. HOEKSTRA, REYNOLDS, HEFLEY and YOUNG of Alaska changed their 
vote from ``nay'' to ``yea.''
  So the conference report was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Shimkus). Pursuant to clause 8 of rule 
XX, the Chair will postpone further proceedings today on motions to 
suspend the rules on which a recorded vote or the yeas and nays are 
ordered, or on which the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later today.

                          ____________________




                    CFTC REAUTHORIZATION ACT OF 2005

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4473) to reauthorize and amend the Commodity Exchange Act to 
promote legal certainty, enhance competition, and reduce systemic risk 
in markets for futures and over-the-counter derivatives, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 4473

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``CFTC Reauthorization Act of 
     2005''.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. COMMISSION AUTHORITY OVER AGREEMENTS, CONTRACTS OR 
                   TRANSACTIONS IN FOREIGN CURRENCY.

       (a) In General.--Section 2(c)(2) of the Commodity Exchange 
     Act (7 U.S.C. 2(c)(2)) is amended by striking subparagraphs 
     (B) and (C) and inserting the following:
       ``(B) Agreements, contracts, and transactions in retail 
     foreign currency.--
       ``(i) This Act applies to, and the Commission shall have 
     jurisdiction over, an agreement, contract, or transaction in 
     foreign currency that--

       ``(I) is a contract of sale of a commodity for future 
     delivery (or an option on such a contract) or an option 
     (other than an option executed or traded on a national 
     securities exchange registered pursuant to section 6(a) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78f(a))); and
       ``(II) is offered to, or entered into with, a person that 
     is not an eligible contract participant, unless the 
     counterparty, or the person offering to be the counterparty, 
     of the person is--

       ``(aa) a financial institution;
       ``(bb)(AA) a broker or dealer registered under section 
     15(b) (except paragraph (11) thereof) or 15C of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78o(b), 78o-5); or
       ``(BB) an associated person of a broker or dealer 
     registered under section 15(b) (except paragraph (11) 
     thereof) or 15C of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o(b), 78o-5) concerning the financial or securities 
     activities of which the broker or dealer makes and keeps 
     records under section 15C(b) or 17(h) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-5(b), 78q(h));
       ``(cc) a futures commission merchant registered under this 
     Act (that is not also a person described in item (bb)), or an 
     affiliated person of such a futures commission merchant (that 
     is not also a person described in item (bb)) if such futures 
     commission merchant makes and keeps records under section 
     4f(c)(2)(B) of this Act concerning the futures and other 
     financial activities of such affiliated person;
       ``(dd) an insurance company described in section 
     1a(12)(A)(ii) of this Act, or a regulated subsidiary or 
     affiliate of such an insurance company;
       ``(ee) a financial holding company (as defined in section 2 
     of the Bank Holding Company Act of 1956); or
       ``(ff) an investment bank holding company (as defined in 
     section 17(i) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78q(i))).
       ``(ii) Notwithstanding item (cc) of clause (i)(II) of this 
     subparagraph, agreements, contracts, or transactions 
     described in clause (i) of this subparagraph shall be subject 
     to subsection (a)(1)(B) of this section and sections 4(b), 
     4b, 4c(b), 4o, 6(c) and 6(d) (except to the extent that 
     sections 6(c) and 6(d) prohibit manipulation of the market 
     price of any commodity in interstate commerce, or for future 
     delivery on or subject to the rules of any market), 6c, 6d, 
     8(a), 13(a), and 13(b) if the agreements, contracts, or 
     transactions are offered, or entered into, by a person that 
     is registered as a futures commission merchant or an 
     affiliated person of a futures commission merchant registered 
     under this Act that is not also a person described in any of 
     items (aa), (bb), (dd), (ee), or (ff) of clause (i) of this 
     subparagraph.
       ``(iii)(I) Notwithstanding item (cc) of clause (i)(II), a 
     particular person shall not

[[Page 28319]]

     participate in the solicitation or recommendation of any 
     agreement, contract, or transaction described in clause (i) 
     entered into with or to be entered into with a person 
     described in such item, unless the particular person--

       ``(aa) is registered in such capacity as the Commission by 
     rule, regulation, or order shall determine; and
       ``(bb) is a member of a futures association registered 
     under section 17.

       ``(II) Subclause (I) shall not apply to--

       ``(aa) any person described in any of items (aa), (bb), 
     (dd), (ee), or (ff) of subparagraph (B)(i)(II); or
       ``(bb) any such person's associated persons.

       ``(C)(i)(I) This subparagraph shall apply to any agreement, 
     contract, or transaction in foreign currency that is--

       ``(aa) offered to, or entered into with, a person that is 
     not an eligible contract participant (except that this 
     subparagraph shall not apply if the counterparty, or the 
     person offering to be the counterparty, of the person that is 
     not an eligible contract participant is a person described in 
     any of items (aa), (bb), (dd), (ee), or (ff) of subparagraph 
     (B)(i)(II)); and
       ``(bb) offered, or entered into, on a leveraged or margined 
     basis, or financed by the offeror, the counterparty, or a 
     person acting in concert with the offeror or counterparty on 
     a similar basis.

       ``(II) Subclause (I) shall not apply to--
       ``(aa) a security that is not a security futures product; 
     or
       ``(bb) a contract of sale that--

       ``(AA) results in actual delivery within 2 days; or
       ``(BB) creates an enforceable obligation to deliver between 
     a seller and buyer that have the ability to deliver and 
     accept delivery, respectively, in connection with their line 
     of business.

       ``(ii)(I) Agreements, contracts, or transactions described 
     in clause (i) of this subparagraph shall be subject to 
     subsection (a)(1)(B) of this section and sections 4(b), 4b, 
     4c(b), 4o, 6(c) and 6(d) (except to the extent that sections 
     6(c) and 6(d) prohibit manipulation of the market price of 
     any commodity in interstate commerce, or for future delivery 
     on or subject to the rules of any market), 6c, 6d, 8(a), 
     13(a), and 13(b).
       ``(II) Subclause (I) of this clause shall not apply to--
       ``(aa) any person described in any of items (aa), (bb), 
     (dd), (ee), or (ff) of subparagraph (B)(i)(II); or
       ``(bb) any such person's associated persons.
       ``(iii)(I) A person shall not participate in the 
     solicitation or recommendation of any agreement, contract, or 
     transaction described in clause (i) of this subparagraph 
     unless the person is registered in such capacity as the 
     Commission by rule, regulation or order shall determine, and 
     is a member of a futures association registered under section 
     17.
       ``(II) Subclause (I) shall not apply to any person--
       ``(aa) any person described in any of items (aa), (bb), 
     (dd), (ee), or (ff) of subparagraph (B)(i)(II); or
       ``(bb) any such person's associated persons.
       ``(iv) Sections 4(b) and 4b shall apply to any agreement, 
     contract, or transaction described in clause (i) of this 
     subparagraph as if the agreement, contract, or transaction 
     were a contract of sale of a commodity for future delivery.
       ``(v) This subparagraph shall not be construed to limit any 
     jurisdiction that the Commission may otherwise have under any 
     other provision of this Act over an agreement, contract, or 
     transaction that is a contract of sale of a commodity for 
     future delivery.
       ``(vi) This subparagraph shall not be construed to limit 
     any jurisdiction that the Commission or the Securities and 
     Exchange Commission may otherwise have under any other 
     provision of this Act with respect to security futures 
     products and persons effecting transactions in security 
     futures products.''.
       (b) Effective Date.--Clause (iii) of section 2(c)(2)(B) and 
     clause (iii) of section 2(c)(2)(C) of the Commodity Exchange 
     Act, as amended by subsection (a) of this section, shall be 
     effective 120 days after the date of the enactment of this 
     Act or such other time as the Commodity Futures Trading 
     Commission shall determine.

     SEC. 102. ANTIFRAUD AUTHORITY.

       Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is 
     amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by striking ``SEC. 4b.'' and all that follows through 
     the end of subsection (a) and inserting the following:

     ``SEC. 4B. CONTRACTS DESIGNED TO DEFRAUD OR MISLEAD.

       ``(a) Unlawful Actions.--It shall be unlawful--
       ``(1) for any person, in or in connection with any order to 
     make, or the making of, any contract of sale of any commodity 
     in interstate commerce or for future delivery that is made, 
     or to be made, on or subject to the rules of a designated 
     contract market, for or on behalf of any other person; or
       ``(2) for any person, in or in connection with any order to 
     make, or the making of, any contract of sale of any commodity 
     for future delivery, or other agreement, contract, or 
     transaction subject to paragraphs (1) and (2) of section 
     5a(g), that is made, or to be made, for or on behalf of, or 
     with, any other person, other than on or subject to the rules 
     of a designated contract market--
       ``(A) to cheat or defraud or attempt to cheat or defraud 
     the other person;
       ``(B) willfully to make or cause to be made to the other 
     person any false report or statement or willfully to enter or 
     cause to be entered for the other person any false record;
       ``(C) willfully to deceive or attempt to deceive the other 
     person by any means whatsoever in regard to any order or 
     contract or the disposition or execution of any order or 
     contract, or in regard to any act of agency performed, with 
     respect to any order or contract for or, in the case of 
     paragraph (2), with the other person; or
       ``(D)(i) to bucket an order if the order is represented by 
     the person as an order to be executed, or is required to be 
     executed, on or subject to the rules of a designated contract 
     market; or
       ``(ii) to fill an order by offset against the order or 
     orders of any other person, or willfully and knowingly and 
     without the prior consent of the other person to become the 
     buyer in respect to any selling order of the other person, or 
     become the seller in respect to any buying order of the other 
     person, if the order is represented by the person as an order 
     to be executed, or is required to be executed, on or subject 
     to the rules of a designated contract market unless the order 
     is executed in accordance with the rules of the designated 
     contract market.
       ``(b) Clarification.--Subsection (a)(2) of this section 
     shall not obligate any person, in or in connection with a 
     transaction in a contract of sale of a commodity for future 
     delivery, or other agreement, contract or transaction subject 
     to paragraphs (1) and (2) of section 5a(g), with another 
     person, to disclose to the other person nonpublic information 
     that may be material to the market price, rate, or level of 
     the commodity or transaction, except as necessary to make any 
     statement made to the other person in or in connection with 
     the transaction, not misleading in any material respect.''.

     SEC. 103. PORTFOLIO MARGINING AND SECURITY INDEX ISSUES.

       (a) The agencies represented on the President's Working 
     Group on Financial Markets shall work to ensure that the 
     Securities and Exchange Commission (SEC), the Commodity 
     Futures Trading Commission (CFTC), or both, as appropriate, 
     have taken the actions required under subsection (b).
       (b) The SEC, the CFTC, or both, as appropriate, shall take 
     action under their existing authorities to permit--
       (1) by September 30, 2006, risk-based portfolio margining 
     for security options and security futures products; and
       (2) by June 30, 2006, the trading of futures on certain 
     security indexes by resolving issues related to debt security 
     indexes and foreign security indexes.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

        Section 12(d) of the Commodity Exchange Act (7 U.S.C. 
     16(d)) is amended to read as follows:
       ``(d) There are authorized to be appropriated such sums as 
     are necessary to carry out this Act for each of the fiscal 
     years 2006 through 2010.''

     SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Section 4a(e) of the Commodity Exchange Act (7 U.S.C 
     6a(e)) is amended in the last proviso by striking ``section 
     9(c)'' and inserting ``section 9(a)(5)''.
       (b) Section 4f(c)(4)(B)(i) of such Act (7 U.S.C. 
     6f(c)(4)(B)(i)) is amended by striking ``compiled'' and 
     inserting ``complied''.
       (c) Section 4k of such Act (7 U.S.C. 6k) is amended by 
     redesignating the second paragraph (5) as paragraph (6).
       (d) The Commodity Exchange Act is amended--
       (1) by redesignating the first section 4p (7 U.S.C. 6o-1), 
     as added by section 121 of the Commodity Futures 
     Modernization Act of 2000, as section 4q; and
       (2) by moving such section to after the second section 4p, 
     as added by section 206 of Public Law 93-446.
       (e) Subsections (a)(1) and (d)(1) of section 5c of such Act 
     (7 U.S.C. 7a-2(a)(1), (d)(1)) are each amended by striking 
     ``5b(d)(2)'' and inserting ``5b(c)(2)''.
       (f) Sections 5c(f) and 17(r) of such Act (7 U.S.C. 7a-2(f), 
     21(r)) are each amended by striking ``4d(3)'' and inserting 
     ``4d(c)''.
       (g) Section 8(a)(1) of such Act (7 U.S.C. 12(a)(1)) is 
     amended in the matter following subparagraph (B)--
       (1) by striking ``commenced'' the 2nd place it appears; and
       (2) by inserting ``commenced'' after ``in a judicial 
     proceeding''.
       (h) Section 22(a)(2) of such Act (7 U.S.C. 25(a)(2)) is 
     amended by striking ``5b(b)(1)(E)'' and inserting 
     ``5b(c)(2)(H)''.

                TITLE II--NATURAL GAS PRICE TRANSPARENCY

     SEC. 201. MARKET SURVEILLANCE.

       (a) In General.--The Commodity Futures Trading Commission 
     (in this section referred to as the ``Commission'') shall 
     detect and deter manipulation and attempted manipulation and 
     increase the transparency of the

[[Page 28320]]

     pricing of natural gas by conducting surveillance of trading 
     in contracts for natural gas.
       (b) Certain Events Required to Be Reviewed.--
       (1) Requirement.--In the event of a significant and highly 
     unusual change in the settlement price of any physically 
     delivered natural gas futures contract traded on a contract 
     market (within the meaning of section 5 of the Commodity 
     Exchange Act) or derivatives transaction execution facility 
     (within the meaning of section 5a of such Act), the 
     Commission shall conduct a review of the factors that caused 
     the price movement in order to determine if manipulation or 
     attempted manipulation in violation of such Act has occurred.
       (2) Certain factors required to be considered.--The 
     Commission shall consider in its review, among other things 
     and as appropriate to the circumstances, the following:
       (A) Prices and price relationships in the futures and cash 
     markets.
       (B) Market information, and cash market supply and demand 
     factors which may be relevant to the price event.
       (C) Large futures and options market positions and large 
     futures and options market transactions on the contract 
     market or derivatives transaction execution facility.
       (D) Any related contract, agreement or transaction in 
     natural gas.

     SEC. 202. REPORTING OF LARGE POSITIONS INVOLVING NATURAL GAS.

       (a) In General.--Section 4a of the Commodity Exchange Act 
     (7 U.S.C. 6a) is amended--
       (1) in subsection (e), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(f) Reporting of Large Positions Involving Natural Gas.--
       ``(1) In general.--The Commission, by rule, shall require 
     any person holding, maintaining, or controlling any position 
     in a contract of sale of natural gas for future delivery, or 
     option thereon, on or subject to the rules of any contract 
     market or derivatives transaction execution facility, at or 
     in excess of such limits as the Commission may specify as 
     reportable, to maintain for a period of 5 years and provide 
     on request to the Commission, records of the person regarding 
     the position and any related contract, agreement, or 
     transaction in natural gas to which the person is a party.
       ``(2) No duplicate reports.--Except as otherwise provided 
     in this paragraph, the rules prescribed under paragraph (1) 
     shall not apply to any position that otherwise is required to 
     be reported to any agency of the United States if the report 
     would otherwise satisfy the requirements under this 
     subsection and the report of the position is available to the 
     Commission at the request of the Commission. Notwithstanding 
     the preceding sentence, any report of any such position to 
     any agency of the United States shall constitute a statement, 
     report, or document required for the purposes of section 9.
       ``(3) Criteria for rules.--
       ``(A) In general.--In prescribing rules required by 
     paragraph (1), the Commission shall consider--
       ``(i) the purposes for monitoring large positions in any 
     contract for future delivery of natural gas;
       ``(ii) the effect of the reporting requirements on the 
     efficiency and liquidity of the market for any agreement, 
     contract, or transaction made in connection with any contract 
     for the future delivery of natural gas; and
       ``(iii) the costs and burden on the persons that would be 
     required to file the reports.
       ``(B) Frequency.--The Commission shall require the 
     provision of records under paragraph (1) only in 
     circumstances where manipulation is suspected, except that 
     the Commission may prescribe rules requiring regular or 
     continuous reporting if the Commission finds that such 
     reporting would help to deter or to detect manipulation in 
     any market for any agreement, contract, or transaction made 
     in connection with any contract for the future delivery of 
     natural gas.
       ``(C) Filing requirements.--Records required to be provided 
     under paragraph (1) shall be required to be filed with the 
     Commission in accordance with such requirements regarding the 
     form, timing, and manner of filing such reports, as the 
     Commission may prescribe by rule.
       ``(5) Other rules not affected.--This subsection shall not 
     be interpreted to prohibit or impair the adoption by any 
     board of trade licensed, designated, or registered by the 
     Commission of any bylaw, rule, regulation, or resolution 
     requiring reports of positions in any agreement, contract, or 
     transaction made in connection with a contract of sale for 
     future delivery of natural gas (including such a contract of 
     sale), including any bylaw, rule, regulation, or resolution 
     pertaining to filing or recordkeeping, which may be held by 
     any person subject to the rules of the board of trade, except 
     that any bylaw, rule, regulation, or resolution established 
     by the board of trade shall not be inconsistent with any 
     requirement prescribed by the Commission under this 
     subsection.''.

     SEC. 203. CRIMINAL AND CIVIL PENALTIES.

       (a) Enforcement Powers of the Commission.--Section 6(c) of 
     the Commodity Exchange Act (7 U.S.C. 9, 15) is amended in 
     clause (3) of the 10th sentence--
       (1) by inserting ``(A)'' after ``assess such person''; and
       (2) by inserting after ``each such violation'' the 
     following: ``or (B) in any case of manipulation of, or 
     attempt to manipulate under section 9(a)(2), a civil penalty 
     of not more than the greater of $1,000,000 or triple the 
     monetary gain to such person for each such violation,''.
       (b) Nonenforcement of Rules of Government or Other 
     Violations.--Section 6b of such Act (7 U.S.C. 13a) is 
     amended--
       (1) in the 1st sentence, by inserting ``, or, in any case 
     of manipulation of, or an attempt to manipulate, the price of 
     any commodity, a civil penalty of not more than $1,000,000 
     for each such violation'' before the period; and
       (2) in the 2nd sentence, by inserting ``, except that if 
     the failure or refusal to obey or comply with the order 
     involved any offense under section 9(a)(2), the registered 
     entity, director, officer, agent, or employee shall be guilty 
     of a felony and, on conviction, shall be subject to penalties 
     under section 9(f)'' before the period.
       (c) Action to Enjoin or Restrain Violations.--Section 6c(d) 
     of such Act (7 U.S.C. 13a-1(d)) is amended by striking 
     ``(d)'' and all that follows through the end of the paragraph 
     (1) and inserting the following:
       ``(d) Civil Penalties.--(1) In any action brought under 
     this section, the Commission may seek and the court shall 
     have jurisdiction to impose, on a proper showing, on any 
     person found in the action to have committed any violation--
       ``(A) a civil penalty in the amount of not more than the 
     greater of $100,000 or triple the monetary gain to the person 
     for each violation; or
       ``(B) in any case of manipulation of, or an attempt to 
     manipulate, the price of any commodity, a civil penalty in 
     the amount of not more than the greater of $1,000,000 or 
     triple the monetary gain to the person for each violation.''.
       (d) Violations Generally.--Section 9(a) of such Act (7 
     U.S.C. 13(a)) is amended--
       (1) by striking ``(or $500,000 in the case of a person who 
     is an individual)''; and
       (2) by striking ``five years'' and inserting ``10 years''.

  The SPEAKER pro tempore (Mr. Terry). Pursuant to the rule, the 
gentleman from Virginia (Mr. Goodlatte) and the gentleman from 
Minnesota (Mr. Peterson) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.

                              {time}  1545

  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the Committee on Agriculture brings to the House today 
H.R. 4473, a bill that, among other things, reauthorizes appropriations 
for the Commodity Futures Trading Commission through fiscal year 2010. 
The committee approved the bill last week by voice vote.
  The committee began the reauthorization process early this year, 
holding 2 days of hearings in March when all witnesses supported CFTC 
reauthorization and testified favorably to the general success of the 
Commodity Futures Modernization Act of 2000. The CFMA brought legal 
certainty to the off-exchange derivatives industry and brought the 
exchange-traded regulatory program into an era when the futures pit is 
being replaced by electronic trading.
  The bill the committee brings to the floor today contains remedies to 
the areas of concern outlined by then FTC chairman, Sharon Brown-
Hruska, in her testimony before the Risk Management Subcommittee. With 
the assistance of the President's Working Group on Financial Markets, 
the committee has included the following provisions:
  A change to the so-called Treasury amendment contained in section 
2(c) of the Commodity Exchange Act to stop unscrupulous persons who 
write and market contracts in foreign currencies that are nothing more 
than schemes to defraud the general public; a final resolution to the 
outstanding issues on establishing risk-based portfolio margining 
systems for stock futures products and stock options; as well as moving 
forward on approval of trading on foreign debt indexes and foreign 
security indexes; of these two matters, the bill provides deadlines for 
action by the Securities and Exchange Commission and the CFTC; a 
clarification of the Commission's authority to bring anti-fraud actions 
in off-exchange principal-to-principal transactions under section 4(b) 
of the CEA; and a refinement of the CFTC's surveillance program to 
provide certainty to consumers that the CFTC is looking at

[[Page 28321]]

significant and highly unusual price moves in natural gas and 
additional information to the CFTC's large trader reporting system.
  A number of end user and consumer groups have endorsed title II of 
the bill, which was originally drafted by my committee colleagues, the 
gentleman from Missouri (Mr. Graves) and the gentleman from Georgia 
(Mr. Barrow). These new provisions will codify the factors the CFTC 
will consider as they conduct surveillance of volatile markets in 
natural gas futures and option contracts. I believe this will go a long 
way to restore the public's trust and confidence that the price 
discovery mechanism for natural gas is subject only to the factors of 
supply and demand.
  In conclusion, Mr. Speaker, this legislation makes the adjustments in 
the Commodity Exchange Act that will enable our markets to continue 
their efficient operations for price discovery and risk management. The 
legislation will provide additional tools for the CFTC and the self-
regulatory organizations under its purview to police the markets and 
bring enforcement actions for fraudulent business practices aimed at 
the unsuspecting public. I urge my colleagues to adopt H.R. 4473.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield myself such time as I 
may consume, and I rise today in support of the bill before us.
  I want to commend Chairman Goodlatte for this fine work, and I also 
want to thank the subcommittee chairman (Mr. Moran) and the ranking 
member (Mr. Etheridge), who have done an excellent job in helping us 
put this bill together. In addition, Mr. Graves, Mr. Barrow and Mr. 
Marshall, all members of the committee, have worked very hard on 
important issues related to energy markets. I think the bill before us 
makes important progress thanks to their efforts.
  Mr. Speaker, during hearings held in the Agriculture Committee, there 
was substantial discussion regarding the potential of the effects of 
the Zelener decision. In that case, the CFTC sought to use provisions 
of the Commodity Exchange Act to put an end to the deceptive sales 
practices being employed by one company in the marketing of retail 
foreign exchange contracts. The case was thrown out, however, because 
the defendant prevailed in court with his argument that the product he 
was offering was not technically a futures contract and, therefore, not 
the jurisdiction of the CFTC. The ruling was upheld in a Federal 
appeals court, and the Solicitor General declined to appeal the case to 
the Supreme Court.
  Some of our witnesses who testified about the Zelener decision 
expressed concern that it will have far-reaching effects. Other 
witnesses were more concerned that a broad response to the decision 
would have harmful unintended consequences. The President's Working 
Group on Financial Markets advised the Agriculture Committee to adopt a 
relatively modest response, and that is what is included in this bill.
  Mr. Speaker, I believe the remedy included in this bill will restore 
the CFTC's ability to ensure that similar perpetrators of deceptive 
schemes involving foreign exchange trading can be policed effectively. 
However, because the scope of this fix is limited to foreign exchange 
contracts, we need to be prepared for the possibility that a similar 
problem will arise in other product areas.
  Because the future in this area is so uncertain, we are counting on 
the CFTC to monitor developments carefully to determine whether or not 
in fact criminals are using the Zelener reasoning to avoid detection 
and prosecution. In their letter to the Agriculture Committee, the 
President's Working Group did not explain clearly why they are so sure 
that the modest fix is sufficient to solve the problem. Hopefully, the 
Working Group's members will join us in monitoring future cases and 
will be open to developing policy changes quickly that may be necessary 
to protect our Nation's investors.
  Mr. Speaker, the futures industry is an important segment of our 
economy. Adequate regulation and investor protection must be balanced 
with the need to allow businesses to promote responsible innovations. 
Passage of the bill before us today will help us ensure that the 
Commodity Futures Trading Commission can continue to protect America's 
investors without excessively impeding progress. I urge passage of the 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I would also like to thank the gentleman 
from Minnesota (Mr. Peterson) for the cooperation from him and a number 
of others on his side of the aisle, and also the gentleman from North 
Carolina as well as my subcommittee chairman, the gentleman from Kansas 
(Mr. Moran).
  Mr. Speaker, I yield 5 minutes to the gentleman from Ohio (Mr. 
Oxley), chairman of the Financial Services Committee, another 
individual who has played a critical part in bringing this legislation 
to the floor and thank him for his cooperation as well.
  Mr. OXLEY. Mr. Speaker, let me thank the gentleman for yielding and 
thank him for his leadership on this critical issue.
  I fully support title I of the legislation, particularly sections 101 
and 103. These sections reflect legislative language that the 
President's Working Group proposed this past November clarifying the 
Commodity Futures Trading Commission's anti-fraud authority, mandating 
the application of risk-based portfolio margining to both options and 
single stock futures positions, resolving issues related to the 
definitions of narrow-based security indexes.
  I am inserting the President's Working Group's November letter which 
proposed this language and the accompanying report language in the 
Record. These provisions will enhance the liquidity and competitiveness 
of our capital markets, all the while preserving investor protection. 
These provisions also reaffirm the intent of the CFMA, that is that 
regulatory parity applies to options and single-stock futures, and that 
the SEC and the CFTC jointly regulate single-stock futures.
  I fully support the application of risk-based portfolio margining not 
only to options and single-stock futures, as this legislation so 
mandates, but also to all equities. Risk-based portfolio margining more 
accurately reflects economic exposure to the marketplace than does the 
traditional strategy-based margining methodology. Today's investors 
often use equity options and futures positions interchangeably, and a 
broader portfolio margining rule would more appropriately reflect these 
investors' economic risk. I urge the SEC to approve rules to permit 
portfolio margining for all equities in the same time frame, as this 
legislation calls for, with respect to options and single-stock 
futures.
  Title II authorizes the CFTC to survey the trading of natural gas 
contracts to deter manipulation, and we are all familiar with that 
language. The reasoning behind this title is to combat perceived, and I 
say perceived, manipulation of prices in the trading of natural gas 
contracts. This legislation attempts to address deep-seated factors in 
our energy markets, namely supply-and-demand issues. However, it does 
so by revamping a derivatives policy that was well-negotiated and well-
settled in 2000 under the Commodity Futures Modernization Act.
  The CFTC's General Counsel commented this past July that ``the CFTC 
has reviewed this natural gas market several times during the last few 
years and each time has concluded that the volatility had been due to 
fundamentals such as tight supplies and other market forces and not due 
to any price manipulation.'' Federal Reserve Chairman Greenspan has 
weighed in similarly, stating that high natural gas prices ``are the 
result of a lack of adequate liquified natural gas import facilities in 
the United States as well as a lack of adequate facilities abroad to 
produce liquified natural gas. They are not the result of weaknesses in 
the regulation of U.S. natural gas markets generally or futures 
exchanges specifically.'' And Chairman Greenspan was asked and 
testified such to our committee on at least two occasions.

[[Page 28322]]

  This proposed new regulation of over-the-counter derivatives in 
natural gas may have unintended consequences, including detrimentally 
affecting the competition in our robust capital markets. I have asked 
my counterpart at the Committee on Agriculture to work with the 
Committee on Financial Services and the President's Working Group to 
ensure that these provisions do not upset the intent of the Commodities 
Futures Modernization Act. The CFMA was the product of lengthy, and 
bipartisan congressional negotiations and reflected the President's 
Working Group's 1999 report.
  It was decided then and reflected in the Congressional Record and 
most keenly in a report accompanying the CFMA by the House Banking and 
Financial Services Committee, one of the predecessor committees to the 
Committee on Financial Services, that legal certainty and regulatory 
relief for OTC derivatives was necessary. That committee stated that 
these products ``have become essential to banks' risk-management 
strategies. These OTC derivative markets have become central to a wide 
range of banking activities.''
  I would like to work with the Committee on Agriculture as this 
legislation moves forward to ensure that the regulatory relief and 
legal certainty that the CFMA imposed upon the OTC derivative markets 
in 2000 remain in law.
  Upon the introduction of this legislation last Thursday, my 
colleague, the gentleman from Massachusetts (Mr. Frank), our ranking 
member, and I sent a letter to the members of the President's Working 
Group requesting their views on this title. I am inserting this 
correspondence in the Record and will share a few of their concerns.
  Treasury Under Secretary for Domestic Finance, Randal Quarles stated 
that the provisions in title II ``could result in unintended adverse 
consequences and undermine the regulatory relief and legal certainty 
that were so carefully crafted through the CFMA of 2000. They could 
have a significant and negative impact on the important risk-management 
function that these OTC markets perform in the U.S. economy.''
  Federal Reserve Chairman Alan Greenspan responded that the

     provisions of Title II are rather vague and could be 
     construed as a broad expansion of the Commodity Futures 
     Trading Commission's mandate. . . . The case for such a broad 
     expansion of the Commission's mandate simply had not been 
     made . . . [B]roadening recordkeeping and reporting 
     requirements beyond futures contracts could impose 
     substantial burdens on market participants that are unlikely 
     to be outweighed by their benefits.

  CFTC Chairman Reuben Jeffery reiterated that the CFTC already ``has 
the necessary tools to oversee the markets it regulates.''
  It is my intent that if this legislation moves forward that the views 
of the President's Working Group will be taken into consideration. In 
the event of a House-Senate conference, the Committee on Financial 
Services will be represented. Our conferees will take into account the 
intent of the CFMA and the counsel of the President's Working Group.
  I thank my colleagues for their time and their work on these 
important issues.
  Mr. Speaker, as mentioned above, I include for the Record the 
President's Working Group's November letter with the proposed language 
and the accompanying report language.

                                   Department of the Treasury,

                                 Washington, DC, November 3, 2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services, House of 
         Representatives, Washington, DC.
       Dear Chairman Oxley: As Chairman of the President's Working 
     Group on Financial Markets (PWG) and on behalf of its 
     members, I am enclosing a joint PWG letter which transmits 
     legislative and report language that addresses the retail 
     foreign currency fraud issues raised by the 7th Circuit's 
     decision of last year in CFTC v. Zelener. The enclosed letter 
     also transmits legislative language to establish statutory 
     deadlines for the resolution of issues related to portfolio 
     margining and certain security indexes. The PWG will continue 
     to monitor the very recent events concerning Refco and its 
     affiliates as the facts unfold to determine whether or not 
     any measures may be needed to address any additional issues 
     that the situation raises.
           Sincerely,
                                                     John W. Snow,
     Secretary of the Treasury.
                                  ____

         Department of the Treasury Board of Governors of the 
           Federal Reserve system, U.S. Securities and Exchange 
           Commission, U.S. Commodity Futures Trading Commission.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services, House of 
         Representatives, Washington, DC.
     Hon. Barney Frank,
     Ranking Member, Committee on Financial Services, House of 
         Representatives, Washington, DC.
       Dear Chairman Oxley and Ranking Member Frank: As 
     representatives of the President's Working Group on Financial 
     Markets (PWG) testified before the Senate Banking Committee 
     on September 8, 2005, the PWG principals have reached 
     agreement on an approach to address the retail foreign 
     currency fraud issues raised by the 7th Circuit's decision of 
     last year in CFTC v. Zelener. As promised, we are enclosing 
     legislative and accompanying report language that would 
     implement the PWG's agreement. This legislative language is 
     supported by each member of the PWG and is drafted as an 
     amendment to section 2(c)(2) of the Commodity Exchange Act 
     (CEA).
       The PWG's amendment confirms the CFTC's anti-fraud 
     jurisdiction over retail foreign currency transactions 
     similar to those that were involved in the Zelener case that 
     are offered by persons not already regulated by another 
     financial regulator. The amendment also would grant the CFTC 
     authority to require certain persons involved in soliciting 
     and recommending retail foreign currency futures and similar 
     transactions to register with the CFTC, if such persons are 
     not already regulated by another financial regulator. It is 
     the view of the PWG that it is not necessary at this time to 
     deal with anti-fraud jurisdiction over other products or 
     instruments other than retail foreign currency as set forth 
     in the attached proposed amendment.
       In addition to retail foreign currency fraud issues, the 
     PWG members have discussed the complex issues related to (1) 
     the implementation of risk-based portfolio margining systems 
     for security futures products and security options, and (2) 
     resolution of definitional issues relating to narrow-based 
     security indexes. As part of these discussions, the PWG is 
     committed to resolving the portfolio margining system and 
     narrow-based index issues within the time frames set forth 
     below.
       With regard to portfolio margining, the SEC has committed 
     to approving self regulatory organization (SRO) rules that 
     permit the use of a risk-based portfolio margining 
     methodology to determine margin requirements for portfolios 
     that include security futures products and for security 
     options by June 30, 2006. In the event that the SEC does not 
     approve such SRO rules, the SEC will promulgate rules to 
     permit risk-based portfolio margining for security options by 
     September 30, 2006, and the SEC and CFTC will do so jointly 
     for security futures products by the same date.
       With regard to futures on indexes composed of debt 
     securities, the CFTC and SEC have committed to use joint 
     authority to accommodate the trading of such products by 
     excluding certain debt securities from the definition of 
     ``narrow-based security index'' by June 30, 2006, and permit 
     trading of futures based on such indexes. The CFTC and the 
     SEC also have committed to resolve whether it is appropriate 
     to exclude certain foreign security indexes from the 
     definition of ``narrow-based security index'' by June 30, 
     2006.
       We are enclosing legislative language that directs the PWG, 
     working through its member agencies, to resolve these issues 
     within the time periods described above. For both the 
     portfolio margining and narrow-based index issues, the PWG 
     will continue its efforts to resolve these important issues 
     by meeting as appropriate and ensuring open and ongoing 
     communication and discussion among the PWG members and staff. 
     In addition, the PWG will continue to focus on developing a 
     consistent approach to regulatory oversight of margin 
     requirements. Thank you for the opportunity to provide input 
     into your important work of reauthorizing the CFTC and 
     related legislative issues. We look forward to working with 
     your Committee and your counterparts in the Senate as this 
     process moves forward.
           Sincerely,
     John W. Snow,
       Secretary of the Treasury.
     Christopher Cox,
       Chairman, Securities and Exchange Commission.
     Alan Greenspan,
       Chairman, Board of Governors of the Federal Reserve System.
     Reuben Jeffery, III,
       Chairman, Commodity Futures Trading Commission.

          COMMODITY EXCHANGE ACT--FOREIGN CURRENCY AMENDMENTS

       Section 2(c)(2) of the Commodity Exchange Act is amended by 
     striking all of existing subparagraphs (B) and (C) and 
     inserting instead the following:

[[Page 28323]]

       ``(B) Agreements, contracts, and transactions in retail 
     foreign currency.--
       ``(i) This Act applies to, and the Commission shall have 
     jurisdiction over, an agreement, contract, or transaction in 
     foreign currency that--
       ``(I) is a contract of sale of a commodity for future 
     delivery (or an option on such a contract) or an option 
     (other than an option executed or traded on a national 
     securities exchange registered pursuant to section 6(a) of 
     the Securities Exchange Act of 1934 [15 U.S.C. 78f(a)]); and
       ``(II) is offered to, or entered into with, a person that 
     is not an eligible contract participant, unless the 
     counterparty, or the person offering to be the counterparty, 
     of the person is--
       ``(aa) a financial institution;
       ``(bb)
       ``(AA) a broker or dealer registered under section 15(b) 
     (except paragraph (11) thereof) or 15C of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o(b), 78o-5); or
       ``(BB) an associated person of a broker or dealer 
     registered under section 15(b) (except paragraph (11) 
     thereof) or 15C of the Securities Exchange Act of 1934 (15 
     U.S.C. 78o(b), 78o-5) concerning the financial or securities 
     activities of which the broker or dealer makes and keeps 
     records under section 15C(b) or 17(h) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78o-5(b), 78q(h));
       ``(cc) a futures commission merchant registered under this 
     Act (that is not also a person described in item (bb)), or an 
     affiliated person of such a futures commission merchant (that 
     is not also a person described in item (bb)) if such futures 
     commission merchant makes and keeps records under Section 
     4f(c)(2)(B) of this Act concerning the futures and other 
     financial activities of such affiliated person;
       ``(dd) an insurance company described in section 
     la(12)(A)(ii) of this title, or a regulated subsidiary or 
     affiliate of such an insurance company;
       ``(ee) a financial holding company (as defined in section 
     1841 of title 12); or
       ``(ff) an investment bank holding company (as defined in 
     section 17(i) of the Securities Exchange Act of 1934 [15 
     U.S.C. 78q(i)]).
       ``(ii) Notwithstanding item (cc) of subparagraph 
     (B)(i)(II), agreements, contracts, or transactions described 
     in subparagraph (B)(i) shall be subject to subsection 
     (a)(1)(B) and sections 4(b), 4b, 4c(b), 4o, 6(c) and 6(d) 
     (except to the extent that sections 6(c) and 6(d) prohibit 
     manipulation of the market price of any commodity in 
     interstate commerce, or for future delivery on or subject to 
     the rules of any market), 6c, 6d, 8(a), 13(a), and 13(b) if 
     such agreements, contracts, or transactions are offered, or 
     entered into, by a person that is registered as a futures 
     commission merchant or an affiliated person of a futures 
     commission merchant registered under this Act that is not 
     also a person described in any of items (aa), (bb), (dd), 
     (ee), or (ff) of subparagraph (B)(i)(II).
       ``(iii) Notwithstanding item (cc) of subparagraph 
     (B)(i)(II), any person who participates in the solicitation 
     or recommendation of any agreement, contract, or transaction 
     described in subparagraph (B)(i) entered into with or to be 
     entered into with a person described in item (cc) of 
     subparagraph (B)(i)(II) must be registered in such capacity 
     as the Commission by rule, regulation or order shall 
     determine and must be a member of a futures association 
     registered under section 17 of the Act. This clause shall not 
     apply to any person (i) described in any of items (aa), (bb), 
     (dd), (ee), or (ff) of subparagraph (B)(i)(II) or (ii) its 
     associated persons. This paragraph shall be effective 120 
     days from the date of enactment or such other time as the 
     Commission shall determine.
       ``(C)(i) This subparagraph (C) shall apply to any 
     agreement, contract or transaction in foreign currency that 
     is--
       ``(I) offered to, or entered into with, a person that is 
     not an eligible contract participant (except that 
     subparagraph (C) shall not apply if the counterparty, or the 
     person offering to be the counterparty, of the person that is 
     not an eligible contract participant is a person described in 
     any of items (aa), (bb), (dd), (ee), or (ff) of subparagraph 
     (B)(i)(II)); and
       ``(II) offered, or entered into, on a leveraged or margined 
     basis, or financed by the offeror, the counterparty, or a 
     person acting in concert with the offeror or counterparty on 
     a similar basis; ``Provided, however, that subparagraph (C) 
     shall not apply to--
       ``(aa) a security (as defined in section 1a(30)) that is 
     not a security futures product (as defined in section 
     1a(32)); or
       ``(bb) a contract of sale that--
       ``(AA) results in actual delivery within two days; or
       ``(BB) creates an enforceable obligation to deliver between 
     a seller and buyer that have the ability to deliver and 
     accept delivery, respectively, in connection with their line 
     of business.
       ``(ii) Agreements, contracts, or transactions described in 
     subparagraph (C)(i) shall be subject to subsection (a)(1)(B) 
     and sections 4(b), 4b, 4c(b), 4o, 6(c) and 6(d) (except to 
     the extent that sections 6(c) and 6(d) prohibit manipulation 
     of the market price of any commodity in interstate commerce, 
     or for future delivery on or subject to the rules of any 
     market), 6c, 6d, 8(a), 13(a), and 13(b). Provided, however, 
     that this clause shall not apply to any person described in 
     any of items (aa), (bb), (dd), (ee), or (ff) of subparagraph 
     (B)(i)(II) or to such person's associated persons.
       ``(iii) Any person who participates in the solicitation or 
     recommendation of any agreement, contract, or transaction 
     described in subparagraph (C)(i) must be registered in such 
     capacity as the Commission by rule, regulation or order shall 
     determine and must be a member of a futures association 
     registered under section 17 of the Act. This clause shall not 
     apply to any person (i) described in any of items (aa), (bb), 
     (dd), (ee), or (ff) of subparagraph (B)(i)(II) or (ii) its 
     associated persons. This clause shall be effective 120 days 
     from the date of enactment or such other time as the 
     Commission shall determine.
       ``(iv) Sections 4(b) and 4b shall apply to any agreement, 
     contract, or transaction described in subparagraph (C)(i) as 
     though the agreement, contract, or transaction were a 
     contract of sale of a commodity for future delivery.
       ``(v) Subparagraph (C) does not limit any jurisdiction that 
     the Commission may otherwise have under any other provision 
     of this Act over an agreement, contract, or transaction that 
     is a contract of sale of a commodity for future delivery.
       ``(vi) Subparagraph (C) does not limit any jurisdiction 
     that the Commission or the Securities and Exchange Commission 
     may otherwise have under any other provision of this Act with 
     respect to security futures products and persons effecting 
     transactions in security futures products''.

 REPORT LANGUAGE TO ACCOMPANY PRESIDENT'S WORKING GROUP RETAIL FOREIGN 
                     EXCHANGE LEGISLATIVE LANGUAGE

       The Committee notes that the term ``line of business'' in 
     new subparagraph (C)(i)(II)(bb)(BB) refers to any legitimate 
     line of business, not just a foreign exchange business.

        SEC. XXX. PORTFOLIO MARGINING AND SECURITY INDEX ISSUES

       (a) The agencies represented on the President's Working 
     Group on Financial Markets shall work to ensure that the 
     Securities and Exchange Commission (SEC), the Commodity 
     Futures Trading Commission (CFTC), or both, as appropriate, 
     have taken the actions required under subsection (b).
       (b) The SEC, the CFTC, or both, as appropriate, shall take 
     action under their existing authorities to permit--
       (1) by September 30,2006, risk-based portfolio margining 
     for security options and security futures products; and
       (2) by June 30, 2006, the trading of futures on certain 
     security indexes by resolving issues related to debt security 
     indexes and foreign security indexes.
                                  ____



                                   Department of the Treasury,

                                Washington, DC, December 12, 2005.
     Hon. Michael G. Oxley,
     Hon. Barney Frank,
     U.S. House of Representatives,
     Washington, DC.
       Dear Chairman Oxley and Ranking Member Frank: I am replying 
     on behalf of Secretary Snow to your letter of December 8, 
     2005, in which you requested our views on certain language 
     that was recently approved by the House Committee on 
     Agriculture in its ``Commodity Futures Trading Commission 
     Reauthorization Act of 2005.'' The bill contains language in 
     Title II (``Natural Gas Price Transparency'') that has not 
     been reviewed previously by the Department of the Treasury or 
     the President's Working Group on Financial Markets (PWG).
       While the Treasury Department has had only a brief 
     opportunity to review the natural gas provisions of the 
     Agriculture Committee's bill, we have serious concerns with 
     Title II that are similar to concerns that Treasury and other 
     PWG members have expressed in the past regarding provisions 
     that could affect over-the-counter (OTC) derivatives markets, 
     including energy and natural gas markets.
       The scope of Title II is broad, and its vague language 
     could be construed to have implications for natural gas 
     transactions in OTC markets. These provisions could result in 
     unintended adverse consequences and undermine the regulatory 
     relief and legal certainty that were so carefully crafted 
     through the Commodity Futures Modernization Act of 2000 
     (CFMA). They could have a significant and negative impact on 
     the important risk management function that these OTC markets 
     perform in the U.S. economy.
       In testimony before the Senate Banking Committee in 
     September on the subject of the CFMA and recent market 
     developments, I stated that major changes to the significant 
     modernizations made by the CFMA were not warranted. Unless 
     there were a clearly demonstrated need, Treasury continues to 
     believe that legislation that would undo any of the 
     modernizations made by the CFMA--in the area of legal 
     certainty or otherwise--is not warranted.

[[Page 28324]]

       Thank you very much for the opportunity to present our 
     views on this important matter.
           Sincerely,
                                                Randal K. Quarles,
     Under Secretary for Domestic Finance.
                                  ____

                                         Board of Governors of the


                                       Federal Reserve System,

                                Washington, DC, December 13, 2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: You have asked for my views on Title II 
     of the CFTC Reauthorization Act of 2005, which relates to 
     transparency of the pricing of natural gas, and has not been 
     reviewed by the President's Working Group on Financial 
     Markets. Natural gas prices in the United States have been 
     higher and more volatile than natural gas prices abroad in 
     recent years, and these price movements have weakened the 
     competitive position of industries that are heavily dependent 
     on natural gas. However, these developments are the result of 
     a lack of adequate liquefied natural gas import facilities in 
     the United States, as well as a lack of adequate facilities 
     abroad to produce liquefied natural gas. Title II does not 
     affect those market fundamentals and, therefore, will not 
     lower natural gas prices or reduce price volatility.
       The provisions of Title II are rather vague and could be 
     construed as a broad expansion of the Commodity Futures 
     Trading Commission's mandate. Specifically, the legislation 
     requires the Commission to conduct surveillance of trading in 
     contracts for natural gas, which could be read to require 
     surveillance of cash markets and over-the-counter 
     derivatives, as well as the exchange-traded markets that the 
     Commission currently oversees. The case for such a broad 
     expansion of the Commission's mandate simply has not been 
     made.
       The legislation also directs the Commission to require 
     persons that hold large positions in natural gas futures 
     contracts on an exchange to keep records and submit reports 
     on those contracts, as well as on any related contracts to 
     which the person is a party. The Commission already has broad 
     authority under existing law to require records and reports 
     on futures contracts, so there does not appear to be a need 
     for additional statutory provisions with regard to that 
     authority. Potentially broadening recordkeeping and reporting 
     requirements beyond futures contracts could impose 
     substantial burdens on market participants that are unlikely 
     to be outweighed by their benefits.
           Sincerely,
                                                   Alan Greenspan,
     Chairman.
                                  ____

                                            U.S. Commodity Futures


                                           Trading Commission,

                                Washington, DC, December 13, 2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
     Hon. Barney Frank,
     Ranking Member, Committee on Financial Services, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Oxley and Ranking Member Frank: Thank you for 
     your letter of December 8 requesting the views of the Members 
     of the President's Working Group on Financial Markets (PWG) 
     regarding the proposed CFTC Reauthorization Act of 2005 (the 
     ``Reauthorization Act''). In reporting this bill, the House 
     Agriculture Committee has taken a significant step forward in 
     the process of Congressional reauthorization of the Commodity 
     Exchange Act (CEA).
       Thank you for this opportunity to share views on this 
     important legislation. As a member of the PWG, I am 
     supportive of the provisions of the proposed Reauthorization 
     Act that address the issues of retail foreign currency 
     transactions, risk-based portfolio margining for security 
     options and security futures products, and trading of futures 
     on certain debt security and foreign security indexes. These 
     provisions incorporate legislative language on these issues 
     that the PWG submitted to Congress on November 3, 2005. 
     Mindful of the deadlines that would be established if the 
     Reauthorization Act is enacted, staff from the PWG agencies 
     has continued to work on the risk-based portfolio margining 
     and security index issues during the weeks since November 3.
       The amendment included in the Reauthorization Act to 
     Section 4b of the CEA, the CFTC's primary anti-fraud 
     provision, incorporates consensus legislative language of the 
     CFTC and industry representatives. It provides an important 
     clarification of the CFTC's anti-fraud authority with respect 
     to off-exchange, principal-to-principal transactions.
       We are aware that our PWG colleagues have expressed concern 
     that the proposed natural gas provisions in the 
     Reauthorization Act could be construed to have negative 
     implications on the risk management functions of over-the-
     counter markets. Our understanding is that these provisions 
     are intended to be narrow in scope and ensure that there is 
     appropriate surveillance in the event of a significant and 
     highly unusual price movement in any physically delivered 
     natural gas futures contract traded on a contract market or 
     derivatives transaction execution facility. The CFTC has 
     stated on many occasions that it has the necessary tools to 
     oversee the markets it regulates, but appreciates the bi-
     partisan effort by the House Agriculture Committee to address 
     consumer concerns over volatility in the natural gas markets. 
     We will work to ensure that these provisions maintain legal 
     certainty and avoid unintended consequences.
       As the legislative process moves forward on CEA 
     reauthorization, we stand ready to work with you and Chairmen 
     Goodlatte, Chambliss, and Shelby, and the respective 
     Committees, to ensure a successful resolution of these 
     issues.
           Sincerely,
     Reuben Jeffery, III.
                                  ____

                                               U.S. Securities and


                                          Exchange Commission,

                                 Washington, DC, December 14,2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Oxley: Thank you for your December 8, 2005 
     letter asking for the views of the members of the President's 
     Working Group on Financial Markets on the CFTC 
     Reauthorization Act of 2005.
       I applaud the fact that Title I of the CFTC Reauthorization 
     Act includes language carefully considered and agreed to by 
     the members of the President's Working Group (PWG) that was 
     transmitted to you and other Members of Congress last month 
     on November 3, 2005. That consensus language addresses issues 
     involving retail foreign currency fraud, portfolio margining 
     for security options and security futures products, and debt 
     security indexes and foreign security indexes.
       Title II of the CFTC Reauthorization Act includes 
     provisions that would, among other things:
       Require reviews by the Commodity Futures Trading Commission 
     (CFTC) of the factors that cause significant and highly 
     unusual changes in the settlement price of any physically 
     delivered natural gas futures contract traded on a contract 
     market or derivatives transaction execution facility;
       Require CFTC rulemaking requiring record-keeping and 
     reporting of large positions in natural gas;
       Expand CFTC enforcement powers to include criminal and 
     civil penalties for manipulation or attempted manipulation of 
     the price of any commodity.
       Unfortunately, there is not enough time between now and the 
     scheduled House consideration of the CFTC Reauthorization Act 
     for the PWG to review and provide you with a reaction to the 
     language in Title II of the proposed legislation. I would 
     note, however, that the PWG has provided comments in the past 
     expressing concerns with other legislative proposals to 
     increase the regulation of over-the-counter derivatives 
     markets.
       Although the provisions in Title II do not appear to affect 
     the Commission or the securities markets directly, the 
     Commission has historically been supportive of the 
     development of a robust over-the-counter derivatives market 
     that is free from unnecessary regulatory requirements.
       Thank you for bringing this legislation to my attention. I 
     appreciate the opportunity to work with you on this and other 
     matters that affect our Nation's securities markets.
           Sincerely,
                                                  Christopher Cox,
                                                         Chairman.

  Mr. PETERSON of Minnesota. Mr. Speaker, I am pleased to yield 5 
minutes to the distinguished gentleman from North Carolina (Mr. 
Etheridge), the ranking member of the Risk Management Subcommittee, who 
along with Chairman Moran provided outstanding work and leadership on 
bringing this legislation to the floor.
  Mr. ETHERIDGE. Mr. Speaker, I thank the gentleman for yielding me 
this time.
  This has been a long day coming, but today, this body will vote, and 
I trust pass, H.R. 4473, a bill that will reauthorize the Commodity 
Futures Trading Commission. I want to applaud the chairman for his hard 
work, our ranking member of the full committee, as well as my colleague 
Mr. Moran for his hard work, who is chairman of the subcommittee that 
has jurisdiction over the CFTC for their hard work in making this 
possible.
  I would be remiss if I did not thank the members of our staff who 
worked hard to help get all the details done.
  I also want to add my appreciation to Mr. Barrow, Mr. Marshall and 
Mr. Graves for their efforts to bring attention to rising natural gas 
prices. The provisions in this bill will go a long way to bringing 
greater transparency to this important market as a result of their 
actions.

[[Page 28325]]

  Some people believe that H.R. 4473 does too much. They would have 
preferred a simple two-line bill that reauthorized the CFTC for 5 years 
and nothing more. However, it is important that we use the CFTC 
reauthorization to review the Commodity Exchange Act and the reform 
enacted in 2000 through the Commodity Futures Modernization Act.

                              {time}  1600

  That is because the futures industry impacts our lives every single 
day. Derivatives trading provides customers with forums for price 
discovery and price hedging for a wide variety of commodities and 
financial instruments.
  We are talking about a trillion-dollar-plus industry that impacts the 
price of corn, wheat and soybeans that goes into our food products, the 
price of meat at the grocery store, the price of gas at the pump, the 
price of energy to heat our homes, the interest rates we pay on our 
credit cards, the interest we pay on our mortgages, the price of metals 
that make up the products that we buy, and many other things that we 
use every single day.
  The issues affecting futures trading are often complex and esoteric. 
However, it is important that we work through these tough issues if we 
want to maintain a healthy and vibrant derivatives industry.
  I am one of those who believes we should have done more with this 
bill. I am concerned what we left undone today could come back to haunt 
us tomorrow, and you have heard talk of the Zelener decision, so I will 
not go into that. I hope years from now we are not hearing stories of 
fraud being perpetuated upon the American people through contracts for 
oil, natural gas, gold, or platinum that act like futures, but remain 
outside the CFTC's jurisdiction, because we chose to limit this bill's 
reach to foreign exchange products as recommended by the working group.
  I hope we are not seeing an industry still waiting for risk-based 
margining on security futures or a broad-based security index 
definition that allows them to compete with foreign exchanges offering 
similar products.
  However, we should not let the perfect become the enemy of the good. 
This bill remains a good piece of legislation. I intend to support this 
plan because I believe it is time to move forward. We do not need this 
legislation unresolved any longer. It is time to pass it and send it to 
the Senate. I urge my colleagues to vote for H.R. 4473.
  Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Kansas (Mr. Moran), the chairman of the Commodities Subcommittee.
  Mr. MORAN of Kansas. Mr. Speaker, I thank the gentleman from Virginia 
and the gentleman from Minnesota for their efforts in regards to this 
piece of legislation, and especially thank Mr. Etheridge, my ranking 
member.
  The Subcommittee on General Farm Commodities and Risk Management has 
jurisdiction over the Commodities Futures Trading Commission; and our 
work product, together with the full committee, is here before the 
House today for its consideration. I would assure my colleagues in the 
House that our committee has taken extraordinary steps to make certain 
that we provide oversight, review, and understanding of what is 
transpiring at the Commodity Futures Trading Commission since the 
passage of the Commodity Futures Modernization Act in 2000.
  Mr. Speaker, I actually believe that the Commodity Futures 
Modernization Act of 2000 was one of the most successful pieces of 
legislation that has been passed by Congress in my time here. What we 
learned in the hearings and oversight in the reauthorization effort was 
that it is working well. With only a couple of changes, a couple of 
additions to this legislation, we bring this modernization act back to 
the floor for approval again today.
  We made a change to deal with what is known as the Zelener case to 
make certain that the CFTC has jurisdiction over foreign exchange 
contracts. A court determined CFTC did not have jurisdiction. We have 
now made that clear. We need to continue to keep our eye on other 
commodities other than foreign exchange to make certain that if similar 
circumstances arise to the foreign currency problem that Congress acts. 
And we also continue to find frustration with the inability of the 
Securities and Exchange Commission and others to come together to 
develop the protocols necessary for single stock futures to be traded 
on markets in the United States. I think there is great opportunity for 
expansion of this market if we can come together on uniform 
responsibility for margins between the CFTC and the SEC.
  This legislation establishes a firm deadline by which we expect that 
response to be concluded. So I urge passage of this bill and thank my 
colleagues for their efforts.
  Mr. PETERSON of Minnesota. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from South Dakota (Ms. Herseth), one of our more valuable 
members of the Committee on Agriculture.
  Ms. HERSETH. Mr. Speaker, I am pleased to rise today in support of 
H.R. 4473, the CFTC Reauthorization Act of 2005. As a resident of a 
farm State and a member of the Committee on Agriculture, I understand 
the critical role that futures exchanges play in the marketing of 
agricultural commodities. They are indispensable in providing price 
discovery and market transparency for producers and commodity users 
alike. That said, futures markets cannot perform these functions if 
they are being manipulated. Futures markets must be effectively 
regulated in order to ensure their integrity and protect the well-being 
of small investors. This bill strikes that balance.
  Five years ago, Congress undertook a major overhaul of the Commodity 
Exchange Act, which my colleagues who have already risen in support of 
took a lead. By most accounts, the reforms adopted at that time have 
worked well, but there have been some issues that have arisen since the 
bill passed. I believe today's legislation makes important improvements 
to the act while maintaining a good balance between the competing goals 
of promoting robust futures exchanges and protecting market 
participants.
  One provision of this bill that is particularly important is language 
on energy derivatives. This legislation would increase recordkeeping 
requirements on entities that hold large quantities of natural gas 
contracts, and give the CFTC access to these records so it can better 
investigate and prevent market manipulation. The bill also raises civil 
and criminal penalties for energy price manipulation. In light of 
today's high natural gas prices, this authority is needed.
  Because of the balance that it strikes and because of the provisions 
that it leaves alone, I strongly support this legislation and urge my 
colleagues to vote ``yes'' on this important bill.
  Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oklahoma (Mr. Lucas).
  Mr. LUCAS. Mr. Speaker, I rise today to urge my colleagues to support 
H.R. 4473. It has been 5 years since this body last passed legislation 
aimed at reauthorizing the CFTC, which has jurisdiction over futures 
and options markets.
  The Ag Committee has jurisdiction over futures and options because 
the derivatives were first developed on agricultural products, or 
commodities as they are commonly called. These innovative products are 
now predominantly traded on other financial products, such as interest 
rates and foreign currencies.
  The CFTC implemented the Commodity Futures Modernization Act of 2000 
in a very straightforward and responsible manner. Yes, there have been 
a few bumps in the road, but overall CFMA has been very successful.
  What issues brought us to the point in 2000 that a major rewrite of 
the futures laws and passage of CFMA was required? The U.S. futures 
markets were quickly losing ground to foreign exchanges in the late 
1990s due to heavy-handed regulation and antiquated business models. 
The over-the-counter markets were coming to grips with the fact that 
they did not have a high enough degree of legal certainty

[[Page 28326]]

to ensure that their swap products would not be challenged in court as 
illegal off-exchange futures. And, finally, some foreign exchanges were 
beginning to seriously encourage the development of single stock 
futures products.
  The futures markets, and other agricultural commodities, were 
deregulated to allow them to compete with foreign exchanges in both 
open outcry and electronically traded arenas. The OTC markets were 
given legal certainty, and the single stock futures guidelines were set 
in place.
  Fast forward to 2005, what has happened? The domestic futures and 
options exchanges have been reinvigorated. The OTC market is thriving, 
and a few issues have come to light. The President's working group, 
consisting of the Federal Reserve, Treasury, the SEC and the CFTC, have 
weighed in on the Zelener case which found that the CFTC did not have 
adequate authority to stop certain fraudulent activities regarding 
retail currency transactions. H.R. 4473 will authorize the CFTC to stop 
those unscrupulous actors.
  The natural gas markets have become an arena of intense scrutiny over 
the last few years. There is unprecedented demand for natural gas and 
still a fairly captive supply in the U.S., and indeed the world. It 
will take time for the energy bill that we recently passed to increase 
supply, and we are most likely in a period of relatively high natural 
gas prices. The CFTC does have fairly broad authority under the CFMA to 
investigate the natural gas markets. It is a very fine line for 
Congress and the CFTC to decide how much to regulate a market without 
creating excessive regulatory burden or causing it to become 
inefficient or allowing another country to become the leader of trading 
in that commodity.
  As a member of both the Agriculture and Financial Services 
Committees, I know how seriously the two chairmen take their 
responsibilities. I also know that fair and appropriately applied 
regulation is necessary. I encourage my colleagues to vote ``yes'' on 
H.R. 4473.
  Mr. PETERSON of Minnesota. Mr. Speaker, I reserve the balance of my 
time.
  Mr. GOODLATTE. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Missouri (Mr. Graves).
  Mr. GRAVES. Mr. Speaker, I rise in support of H.R. 4473, the 
reauthorization of the Commodity Futures Exchange Act, and I want to 
thank the chairman for the opportunity to speak on this very important 
issue.
  Last week we passed an amendment out of the Committee on Agriculture 
markup by a voice vote that addressed prices and market manipulation in 
the natural gas markets. I am glad to report that the measure had very 
broad bipartisan support, and I want to thank the chairman for working 
with me on this very important issue.
  The amendment that the chairman and I introduced, along with other 
members of the committee, addresses volatility in the natural gas 
market. This amendment seeks to ensure that market manipulation is not 
creating some of the price spikes that we are seeing today in that 
natural gas market. Through increased transparency, penalties and 
oversight, this goal is going to be achieved.
  Energy prices right now are at a high. Most solutions being discussed 
are in the long term. Today's bill includes a provision that can 
provide some short-term relief by ensuring Americans, consumers, that 
market manipulation is not going to continue and will not be a 
contributing factor in the price of natural gas.
  It is the farmers, it is the senior citizens, manufacturers, and 
consumers that I had in mind when I introduced this measure last 
spring. The price of natural gas is almost double what it was when I 
first brought this issue to my colleagues' attention. It is my hope 
that H.R. 4473 will bring some stability to the natural gas market and 
limit losses associated with extreme natural gas prices and price 
spikes.
  Mr. Speaker, I encourage my colleagues to support this important 
measure and pass it on the floor.
  Mr. GOODLATTE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Boehner), the vice chairman of the Committee on Agriculture.
  Mr. BOEHNER. Mr. Speaker, I congratulate both the gentleman from 
Virginia and the ranking member, Mr. Peterson, for a job well done on 
the Commodity Exchange Act reauthorization. This is a very important 
bill for the futures markets in our country. The work that was done in 
2000 clearly has paid significant dividends. The Commodity Futures 
Modernization Act is working and it is working well. I think what we 
have seen over the last 5 years is nothing short of a firestorm of 
innovation in these markets.
  Between 2000 and 2004, the volumes of futures and options contracts 
traded on exchanges has increased from 600 million contracts a year to 
more than 1.6 billion contracts per year. I think the futures industry 
is stronger today as a result of the Commodity Futures Modernization 
Act because it has allowed those markets to function without the heavy 
hand of government, as heavy as it used to be.
  I think the bill before us makes some changes to that act. Clearly, 
in the Zelener case, which has been talked about, I think we take a 
practical approach to solving the Zelener problem.
  Secondly, it follows through on promises made on CFMA by setting a 
date certain for risk-based portfolio margining for single stock 
futures and for a definition of broad-based securities indexes.
  Now, my colleague before me, Mr. Graves, talked about the issue of 
natural gas. This provision is included in the bill, and it is there 
because we are hearing from farmers and consumers about the high cost 
of natural gas. Unfortunately, the provision would not lower the cost 
of fertilizer or heating oil or natural, and it may have the reverse 
effect. I have concerns about the language there. I think it is very 
intrusive and could be overly far reaching. I would hope as this bill 
goes to conference that my colleagues will take a close look at the 
natural gas provisions so we do not overreach like we did back in the 
1990s.
  Mr. GOODLATTE. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Pennsylvania (Ms. Hart).

                              {time}  1615

  Ms. HART. Mr. Speaker, I also appreciate the opportunity to speak on 
behalf of the reauthorization of the Commodities Exchange Act. I 
appreciate the hard work of the gentleman from Missouri (Mr. Graves) 
and especially Chairman Goodlatte for making sure that this language 
was included. Very important to a number of us who live in the 
Northeast, this bill will provide the Commodity Futures Trading 
Commission with the necessary tools to ensure against market 
manipulation in the trading of natural gas futures, which could lead to 
higher prices.
  With this cold winter arriving in my district in western 
Pennsylvania, this issue is especially important to many of the 
residents in my district who rely on natural gas for heat. Higher 
heating costs because of the rise in the price of natural gas are 
already impacting many of my constituents. This legislation will ensure 
that natural gas traders are not able to gain profits through 
manipulation of prices on the backs of these individuals.
  The price of natural gas is also important to the many manufacturers 
located in and around my district. This issue translates also into job 
stability. Unfortunately, many of these manufacturers are already being 
squeezed by other issues, and the high cost of natural gas is just a 
contributing factor to their financial problems.
  I recently met with many glass manufacturers in Western Pennsylvania, 
and they explained to me some of the challenges they are facing. Kopp 
Glass in Pittsburgh, for example, has seen their natural gas cost rise 
by 83 percent over the last year, eating into the company's profits by 
50 percent and also eating into their opportunities to grow their 
business.
  General Shale Products, a brick manufacturer, has announced they are 
going to close after 40 years of operation because of high natural gas 
prices. A steel manufacturer has recently asked us to do something 
about it.
  This bill will ensure that the Commodity Futures Trading Commission

[[Page 28327]]

has the tools it needs to find and prosecute market manipulators.
  Mr. GOODLATTE. Mr. Speaker, I yield 1 minute to the gentleman from 
New Jersey (Mr. Garrett).
  Mr. GARRETT of New Jersey. Mr. Speaker, I rise in support of H.R. 
4473, the Commodity Trading Commission Reauthorization Act. And I 
support the underlying bill, and I salute the chairman's efforts to 
reauthorize the CFTC. But I do have a little concern with the specific 
section of the bill dealing with natural gas price transparency. Title 
II of the bill contains new regulatory burdens on the trading of 
natural gas, such as future contracts, over-the-counter transactions 
and cash market purchases. While these provisions will place 
unwarranted and open-ended regulatory burdens on legitimate business 
activities, they will in no way reduce volatility or lower the price of 
natural gas. See, the Commission currently has full authority now to 
examine and oversee the futures market and to request complete trading 
information from any participant in the futures market if it suspects 
price manipulation is occurring.
  But the bill now, with that provision, would shift the regulatory 
intervention away from fraud manipulation to an undefined standard that 
is not based upon law but is based upon legitimate movements in natural 
gas prices. I would just urge the conferees, when this bill goes to 
conference, not to add any new missions to the responsibility and take 
away from the core responsibilities of the CFTC.
  Mr. PETERSON of Minnesota. Mr. Speaker, I have no further speakers, 
and I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of the time.
  Mr. Speaker, the natural gas language contained in the committee bill 
makes two changes to the CFTC's current regulatory program to detect 
and deter manipulation or attempted manipulation.
  First, upon a finding that there has been a significant and highly 
unusual change in the market price of natural gas, the CFTC is required 
to determine what had caused that price change.
  Second, persons with futures or option positions in natural gas are 
required to keep records of those trades and other related transactions 
and to submit those records to the CFTC upon request.
  In the committee's view, and in my view, this is a reasonable 
compromise that does not add significant new costs to transactions in 
natural gas, whether futures or options contracts or other transactions 
used in over-the-counter strategies of most of the major firms involved 
in the natural gas markets on a daily basis.
  This new recordkeeping requirement is the only part of the 
legislation that imposes any new regulatory mechanism. The CFTC is not 
required to impose itself into any new market arena and will not as a 
result of this legislation. The bill requirements are unobtrusive, 
contain no burdensome new costs and will be used sparingly.
  We have seen over the years, over the course of the last half year, 
an energy sector that is under great stress. And the price response to 
that stress has been of great concern to all of us. This bill does 
nothing to add to that stress, and it should be adopted today.
  I urge my colleagues to support this legislation.
  Mr. POMBO. Mr. Speaker, I rise today to contribute to the debate on 
H.R. 4473 which is currently under consideration. Title II of the bill 
creates new regulatory authority for the Commodity Futures Trading 
Commission (CFTC) to investigate suspected manipulation of the natural 
gas futures markets.
  Currently, the price of natural gas in the United States is floating 
at a high near $14 MMBtu. When compared to most nations around the 
world, this amount is four, five, even fourteen times higher than some 
developing countries! I am encouraged by the attempt of some of my 
colleagues to correct this serious problem, but I have serious concerns 
with the manner by which we address this issue in legislation.
  As Federal Reserve Chairman Alan Greenspan has made very clear in a 
recent letter to Chairman Mike Oxley, the fundamental problem of 
natural gas price spikes is a shortage of supply. The only way this can 
be solved, and Chairman Greenspan appears to agree, is through 
increased production domestically and less barriers to liquefied 
natural gas imports. When the supply increases, natural gas prices will 
most certainly fall.
  While I will support passage of H.R. 4473, I believe Title II is a 
misguided approach that will not ultimately result in lower prices for 
natural gas. Sadly, some Members of Congress who support Title II of 
this bill have consistently opposed additional domestic production of 
energy supplies. They may believe that by voting for this legislation 
today, they will receive further cover for their positions, when in 
fact these Members' positions have led to our nation's high energy 
prices.
  Ms. VELAZQUEZ. Mr. Speaker, I rise to express concerns with Title II 
of H.R. 4473, which reauthorizes the Commodity Exchange Act (CEA). When 
the CEA was previously reauthorized in 2000, changes were made that 
brought much needed legal clarity to over-the-counter derivatives and 
foreign currency markets. In the same legislation, the regulatory 
structure of U.S. futures exchanges was enhanced, providing a more 
flexible approach to the oversight of complex financial instruments. 
Together, these two developments provided a structure that has promoted 
the depth and breadth of U.S. capital markets throughout the world. 
Such vibrancy of U.S. capital markets is critical to creating new jobs, 
building wealth, and attracting investment.
  While the reauthorization of the CEA is essential to the efficient 
functioning of our Nation's capital markets, I am concerned that title 
II of H.R. 4473--while well intentioned--may disrupt the balance 
created through the reauthorization of the CEA in 2000. Title II of 
H.R. 4473 provides the Commodity Futures Trading Commission (CFTC) with 
expansive new powers that may be interpreted as applying the CEA to 
over-the-counter natural gas contracts. Doing so may jeopardize the 
legal certainty of certain natural gas contracts, potentially 
undermining the efficiency and robustness of the very markets that 
proponents of Title II are seeking to promote. The Federal Reserve and 
the Department of Treasury have raised similar concerns about this 
legislation.
  In addition, other concerns have been expressed about H.R. 4473. 
Section 201 provides the CFTC with new market surveillance powers, 
which require the CFTC to investigate any highly unusual price changes 
in futures contracts for natural gas. Such new powers may not be the 
most appropriate policy response to address widely fluctuating natural 
gas prices. The Federal Reserve has noted that wide swings in natural 
gas prices are not a result of weak regulation, but rather due to 
supply and demand imbalances related to insufficient infrastructure 
necessary to produce and transport the underlying commodity. Further, 
section 202 imposes new position reporting standards on holders of 
natural gas futures or options contracts, requiring that records of 
such contracts be maintained for five years and provided to the CFTC as 
their request. These new requirements are not without costs, which 
could be significant and may be passed on to homeowners and businesses. 
As a result, this provision could have the unintended affect of 
increasing costs on energy consumers.
  By potentially expanding CFTC authority beyond that established in 
the 2000, serious questions have been raised about CEA's scope and 
construction and the potential impact these new changes may have on 
energy consumers, investors, and industry participants. As this 
legislation heads to conference, I urge my colleagues to thoroughly 
discuss and address these issues and concerns so that we can be 
confident that our Nation's capital markets remain strong and vibrant.
  Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from Virginia (Mr. Goodlatte) that the House 
suspend the rules and pass the bill, H.R. 4473.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill just considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.

[[Page 28328]]



                          ____________________




              ESTABLISHING THE TASK FORCE ON OCEAN POLICY

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and agree to the resolution (H. Res. 599) establishing the Task Force 
on Ocean Policy.
  The Clerk read as follows:

                              H. Res. 599

       Whereas the House of Representatives is in need of a Task 
     Force on Ocean Policy to review the final report of the 
     United States Commission on Ocean Policy, entitled ``An Ocean 
     Blueprint for the 21st Century'', which affects the 
     jurisdiction of several committees of the House, including 
     the Committee on Resources, the Committee on Science, the 
     Committee on Transportation and Infrastructure, and the 
     Committee on International Relations: Now, therefore, be it
       Resolved, 

     SECTION 1. ESTABLISHMENT.

       There is hereby established a Task Force on Ocean Policy.

     SEC. 2. COMPOSITION.

       The task force shall be composed of 12 members appointed by 
     the Speaker, of whom 5 shall be appointed on the 
     recommendation of the Minority leader. The Speaker shall 
     designate one member as chairman. A vacancy in the membership 
     of the task force shall be filled in the same manner as the 
     original appointment.

     SEC. 3. JURISDICTION.

       The task force may develop recommendations and report to 
     the House on the final report of the United States Commission 
     on Ocean Policy, making recommendations for a national ocean 
     policy, entitled ``An Ocean Blueprint for the 21st Century''.

     SEC. 4. PROCEDURE.

       (a) Except as provided in paragraphs (1) and (2), rule XI 
     shall apply to the task force to the extent not inconsistent 
     with this resolution.
       (1) Clause 1(b) and clause 2(m)(1)(B) of rule XI shall not 
     apply to the task force.
       (2) The task force is not required to adopt written rules 
     to implement the provisions of clause 4 of rule XI.
       (b) Clause 10(b) of rule X shall not apply to the task 
     force.

     SEC. 5. STAFF; FUNDING.

       (a) The chairman may employ and fix the compensation of 
     such staff as the chairman considers necessary to carry out 
     this resolution. To the greatest extent practicable, the task 
     force shall utilize the services of staff of employing 
     entities of the House. At the request of the chairman, staff 
     of employing entities of the House or a joint committee may 
     be detailed to the task force to carry out this resolution 
     and shall be deemed to be staff of the task force.
       (b) There shall be paid out of the applicable accounts of 
     the House $450,000 for the expenses of the task force. Such 
     payments shall be made on vouchers signed by the chairman and 
     approved in the manner directed by the Committee on House 
     Administration. Amounts made available under this subsection 
     shall be expended in accordance with regulations prescribed 
     by the Committee on House Administration.

     SEC. 6. REPORTING.

       The task force shall report to the House the final results 
     of its investigation and study, together with detailed 
     findings and such recommendations as it may deem advisable, 
     as soon as practicable and in no event later than on June 30, 
     2006.

     SEC. 7. DISSOLUTION AND WINDUP OF AFFAIRS.

       The task force shall cease to exist after July 31, 2006.

     SEC. 8. DISPOSITION OF RECORDS.

       Upon dissolution of the task force, the records of the task 
     force shall become records of any committee designated by the 
     Speaker.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentlewoman from California (Ms. 
Matsui) each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks on this legislation and include extraneous 
material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time 
as I may consume.
  Mr. Speaker, House Resolution 599 will establish a House Task Force 
on Ocean Policy with the express purpose of developing recommendations 
and reporting to the House on the findings of the United States 
Commission on Ocean Policy by June 2006.
  This bipartisan task force will have members appointed by the Speaker 
and Minority Leader who will focus on the final report of the United 
States Commission on Ocean Policy entitled, ``An Ocean Blueprint for 
the 21st Century.''
  While the task force will have no legislative jurisdiction, it will 
put in place a mechanism to allow the House to look broadly at the 
question of caring for our oceans.
  The gentleman from Maryland (Mr. Gilchrest) is to be commended for 
his untiring commitment to the preservation of our ocean resources. We 
are able to bring this resolution forward today because of his good 
work and interest on this subject.
  It is important that this resolution be considered quickly, so that 
Members may be appointed to the task force and can begin their work and 
produce a report by June 2006.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Maryland (Mr. Gilchrest) and ask unanimous consent that he be allowed 
to control the time that I have.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. GILCHREST. Mr. Speaker, I want to thank Mr. Hastings for helping 
bring this legislation to the floor, and I want to thank him for 
yielding the time. I will speak now for a few minutes explaining the 
legislation, and I would hope, Mr. Speaker, that we can have a 
bipartisan vote to move this task force along so that the myriad of 
issues that cover a broad range of committee assignments, both on the 
House and the Senate side, and a broad array of Federal departments and 
agencies can be viewed with a single entity, this task force, between 
now and June to understand the comprehensive magnificent work of the 
people under Admiral Watkins that put together this commission report.
  The members on the commission are people who have represented and 
continue to represent the oceans, aquariums around the country, the 
port authorities, coastal studies, offshore oil drilling, the U.S. 
Navy, shipping and marine transportation, ocean ecology and fisheries, 
environmental interests and the banking industry, a broad array of 
individuals that were appointed by the President, the House and the 
Senate.
  The scientists that represent the Ocean Commission Report that worked 
to develop the recommended policies are scientists from universities 
all across the country. Their expertise and diverse fields are in 
marine economics, coastal and estuarine issues, atmospheric issues, 
Gulf of Mexico issues and the whole array of problems with hurricanes, 
fishery science, coastal development, physics of ocean currents, 
oceanography. The list goes on and on and on.
  They presented this report to the U.S. Congress in September of 2004. 
In this report, there are 31 chapters. Seven of the 31 chapters come 
under the jurisdiction of the Fisheries and Oceans Subcommittee on 
Resources. Seven of the 31 chapters come under my jurisdiction in this 
Ocean Subcommittee. We have held hearings on our part of the Ocean 
Commission Report. But 24 chapters lie outside the jurisdiction of that 
Fisheries Subcommittee. And it is important to get this task force so 
that all those other committees in this House can view this commission 
task force from the specific recommendations that the task force will 
assume from the ocean commission report.
  What I would like to do is explain to my colleagues, the ocean 
commission task force makes recommendations in the following areas, 
which are outside the jurisdiction of the Ocean Subcommittee. Those 
are: The Congress should establish for better leadership and 
coordination a national ocean council and a non-Federal ocean council 
of advisors to view the full range of issues in the departments, the 
agencies and the executive branch and what goes on in the States and 
the tribes and the international arena regarding oceans.
  They make recommendations to improve NOAA, EPA, the Corps of 
Engineers, the Department of Interior, USDA and the States in their 
regional

[[Page 28329]]

coordination. Right now it is severely fragmented. They make 
recommendations to clarify offshore responsibilities as far as leasing 
oil and gas, aquaculture, bioprospecting, wind energy, fisheries, just 
to name a few. They recommend structural changes in NASA, the Corps of 
Engineers, the Coast Guard, the U.S. Navy, the National Science 
Foundation, Aquaculture, Health and Human Services, Department of 
Justice, Department of State, Department of Labor, Department of 
Transportation and the United States Agency for International 
Development. Can all of this be done with one subcommittee or 
fragmented throughout the course of this Congress? Promote lifelong 
ocean education, ocean stewardship, science literacy, future ocean 
leaders, helping to bridge the gap between scientists and educators, a 
need for qualified ocean science in the classroom, bringing the ocean 
to the vast array of students across this country. This is the 
Committee on Education.
  Better financial technical institutional support for watershed 
management initiatives through existing Federal and State laws linking 
coastal and offshore ecosystems. Better financial technical 
institutional support for all these issues. Something that is dear to 
our hearts right now as a result of this past hurricane season, several 
chapters dealing with guarding people and property against national 
hazards such as hurricanes and floods. And a year ago, a year and a 
half ago, in the commission report they predicted, right down to the 
letter, what could and eventually did happen to New Orleans, to coastal 
Louisiana, to Mississippi. A vast array of information.
  Managing sediment flows: 30 States contribute sediment in the 
Mississippi River that eventually goes through Louisiana, Mississippi 
and the Gulf of Mexico.

                              {time}  1630

  How do we manage those sediment flows?
  Techniques for cost benefit analysis is in this report. Marine 
commerce and transportation across the oceans, the estuaries, and the 
rivers in this country. Addressing coastal and water pollution, three 
major laws, statutes. The National Pollutant Discharge Elimination 
System, Total Maximum Daily Load Program, Clean Water State Revolving 
Loan Fund, those are outside the jurisdiction of resources entirely. 
Their recommendations are for dealing with wastewater treatment plants, 
septic tanks, industrial facilities, agriculture, urban and suburban 
runoff.
  Addressing the atmospheric deposition problem: the single biggest 
issue with many estuaries including San Francisco and the Chesapeake 
Bay is air deposition. Thirty percent of the problem with degrading the 
Chesapeake Bay is air deposition.
  Watershed monitoring: in 1974 we had 500 stations across the country 
that monitored the quality of water. Today there are 32, from 500 down 
to 32. The lack of coordination between the State, the Federal 
Government, and the institutions is appalling.
  Limiting vessel pollution and improving vessel safety: that is the 
EPA, the Coast Guard, and the International Maritime Association. How 
to deal with invasive species with ballas water, marine organisms, 
major problems in the Great Lakes, the Mississippi River, and many 
estuaries around the country.
  Connecting the oceans and human health: biomedical research, marine 
bacteria, contaminated seafood, harmful alga blooms, recommendations 
that can be gleaned from a single perspective with a single entity such 
as this task force and then legislative recommendations to the myriad 
committees that deal with these issues.
  Creating a national strategy for increasing scientific knowledge in 
ocean science, technology, and understanding the oceans' ecosystem.
  Collaborating with the international community and funding 
recommendations for how long this is going to work.
  The Ocean Subcommittee under the Resources Committee does not have 
the time or the resources or the people or the jurisdiction to do this. 
We have dealt in that ocean subcommittee with our jurisdiction 
regarding the Ocean Commission Report, which is marine debris, 
fisheries management, marine mammals, coral reefs, agriculture, ocean 
observing system, coastal habitats, and so on.
  This report by Admiral Watkins and many scientists around this 
country deserve to have the United States Congress, this institution, 
take a comprehensive view of this report, study it for several months, 
and then make legislative recommendations to this body.
  I urge my colleagues to vote for the task force.
  Mr. Speaker, I reserve the balance of my time.
  Ms. MATSUI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, strange things happen around this place when we are 
getting ready for recess. Legislation just seems to come out of the 
woodwork sometimes, like the resolution on the Suspension Calendar 
today.
  The bill before us today would spend $400,000 of taxpayer money to 
establish a House Task Force on Ocean Policy. Quite simply, it is 
duplicative and wasteful. There is already a standing House committee 
to deal with ocean policy that professional staff already have in 
place.
  The Rules Committee has not met to consider this resolution. In fact, 
no action, at least none that I am aware of, has been taken beyond the 
simple introduction of this measure. This resolution just appeared on 
the schedule at the last minute with no explanation, no details, and no 
reason for its urgency.
  So I am a bit puzzled about why this task force is needed at all. 
Generally, task forces are created when there is an issue that crosses 
the jurisdictional lines of several different committees, all of whom 
claim primary jurisdiction. In that circumstance, there may well be a 
need to coordinate efforts in an efficient manner. However, in this 
case, the primary issues fall within the jurisdiction of the Resources 
Committee. In fact, there is a Subcommittee on Fisheries and Oceans 
chaired by the gentleman from Maryland (Mr. Gilchrest). That is where 
this issue belongs.
  Let me be clear: our Nation's ocean policy is a worthy project, but I 
believe that this issue should be taken up by the Resources Committee. 
That is where the expertise is.
  I hope that the resolution's sponsors and other Members speaking here 
today will shed some light on the need to move so quickly on this 
measure.
  Mr. Speaker, I ask unanimous consent that the remainder of my time be 
controlled by the gentleman from New Jersey (Mr. Pallone).
  The SPEAKER pro tempore (Mr. Terry). Is there objection to the 
request of the gentlewoman from California?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I thank the gentlewoman from California for 
yielding me this time, and I yield myself such time as I may consume.
  Mr. Speaker, in 2003 the Pew Ocean Policy Commission put out a 
comprehensive report telling us that our oceans were in serious 
trouble. The Republican leadership quickly ignored the report, saying 
they wanted to wait for the results of the congressionally appointed 
U.S. Commission on Ocean Policy. And lo and behold, last September that 
commission came to the same basic conclusion: that our oceans are in 
peril from degraded waters, compromised resources, and conflicts 
between man and nature, and that immediate action is needed. They laid 
out some pretty pointed recommendations for Congress, and I would like 
to show this book, which is their recommendations. Over 500 pages at a 
cost of $10 million. It took them 3 years. They did a comprehensive 
report at a cost of $10 million.
  Well over a year has gone by and still the House Republican 
leadership has sat on its hands and done virtually nothing for our 
oceans. At the end of 2004, the Fisheries and Oceans Subcommittee, on 
which I am the ranking member, held exactly one hearing on

[[Page 28330]]

the U.S. Ocean Commission's recommendation. This year our subcommittee 
and the full Resources Committee have done nothing to comprehensively 
consider or address the commission's recommendations despite my 
repeated requests.
  What we have done instead is to hold a random assortment of hearings 
on a few areas that are mentioned in the commission's report, but 
without getting into any of the commission's recommendations. We seem 
to be highlighting the status quo rather than using the commission's 
recommendations to move forward.
  Now, today in the face of the Republicans' consistent refusal to 
comprehensively address ocean issues, we are now handed the emptiest of 
promises that this oceans task force would mean real progress in 
dealing with the commission's recommendations. We are not going to fall 
for that, Mr. Speaker. Democrats are going to oppose this task force 
because it does nothing. Its task will literally be to write a report 
on a report that itself is already quite prescriptive in its 
instructions to Congress.
  We don't need to study what is wrong with the oceans. We don't need 
more reports. What we need now is action, real action, not this task 
force.
  I would point out that the resolution says we are going to spend 
$400,000, that is on top of the $10 million that the U.S. Oceans 
Commission has already spent. That is taxpayer dollars. That does not 
count the Pew Commission. That, I think, was mostly private funds. And 
this is at a time when I keep hearing from the House Republican 
leadership about how we do not have any money and we have to cut 
expenses and we do not want to waste our money. Well, why are we 
wasting another $400,000 in taxpayers' money on a task force that does 
not even have any legislative responsibility?
  I listened to Mr. Hastings, who sponsored this resolution. He said 
that there is no legislative jurisdiction in this task force. And I 
have heard my colleague, whom I respect greatly, the gentleman from 
Maryland. He is my chairman and I respect him greatly, but he goes on 
to say that there are so many committees that have jurisdiction over 
this that we don't have the time to deal with it.
  Let me tell you, the House Republican leadership has no problem even 
ignoring committees and writing a lot of legislation in the Rules 
Committee when they want to get something done. I respect my colleague, 
but don't tell me that this Republican leadership needs another task 
force to write a bill, because I have seen bills written in the Rules 
Committee and come to the floor directly without even going to 
committee. I just don't buy it.
  The truth is the real obstructionists are the Republican leaders and 
the Republicans on the Resources Committee, not all, but most, who have 
refused to allow a comprehensive consideration of major ocean issues 
this entire year. And I mean not just haphazard hearings, but actually 
doing something that is meaningful.
  The majority proposes to ignore this issue for another 6 months by 
creating a task force that has no legislative authority and comes with 
no guarantee that we will be any closer to serious action than before 
we started.
  I want to say that my Democratic colleagues have specific 
recommendations that they have put in legislative form, and some of 
them are here on the floor. The gentleman from California (Mr. Farr) 
has put together the Oceans 21 bill that has most of the government's 
issues that come out of the U.S. Commission report.
  He is a cochair of the Oceans Caucus. The gentleman from Maine (Mr. 
Allen) has put forward the Fishing Quota Standards Acts, again adopting 
a lot of these recommendations. We also have the reauthorization of the 
Coastal Zone Management Act.
  Democrats have been out there with legislation that we would like to 
move through committee that adopt the recommendations of the U.S. 
Oceans Commission's report. We have alternatives. We do not need 
another task force.
  And I would point out over and over again I am getting very 
frustrated, and it may be obvious, with the fact that there is no 
action on the Republican side. The oceans are a tremendous resource for 
this Nation. The fishermen, the beach-goers, the coastal business 
owners in my district, they know this. They expect us to be working on 
problems facing our oceans. They would be quite disappointed to hear 
that the House leadership continues to ignore these problems and 
instead is choosing to avoid real action by studying this problem for 
another year.
  Again, the Pew Commission, U.S. Oceans Commission, they have sounded 
an alarm; and it is time to do something to save our oceans and what is 
in our oceans. Let us reject this unnecessary task force and get down 
to some real work.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  I would just like to respond to my colleague on the other side of the 
aisle. This issue did not pop up out of thin air. My colleagues on the 
other side of the aisle know full well that we have been working on 
this. We have had numerous, numerous conversations since last May on 
this particular task force. Leon Panetta, who headed the Pew Ocean 
Policy Commission's report, is in favor of this task force. Admiral 
Watkins, who worked on the Oceans Commission's report, is in favor of 
this task force. As a matter of fact, both of those men, Leon Panetta 
and Admiral Watkins, are urging my colleagues on both sides of the 
aisle to vote in favor of this.
  Now, as far as my subcommittee that Mr. Pallone serves on dealing 
with these issues, this is a commission report that did cost a few 
million dollars, and it is worthy of our close scrutiny, not having 
staff make up a bill that we do not know the substance of that bill. 
This commission report is worthy of our attention, of our observation, 
of our analysis, of our critical understanding of it.
  My subcommittee has been dealing with the issues that have come under 
our jurisdiction. We are working on the marine mammal recommendations, 
marine debris recommendations, coral reef recommendations, Magnuson Act 
recommendations. We are doing that and passing that through the 
subcommittee. But 24 chapters are outside those issues. They deal with 
the Science Committee, the Transportation Committee, the Agriculture 
Committee, the International Relations Committee, the Education 
Committee, the Financial Services Committee. We think, instead of 
fragmenting this all over again because 30 and 40 years ago we went 
through this with the Stratton report and there was not any single 
entity in the House of Representatives that took a critical and 
analytical view of the Stratton report, we want to do that now. Now is 
the time to do that.
  Mr. Speaker, I yield 4 minutes to the gentleman from New Jersey (Mr. 
Saxton).
  Mr. SAXTON. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, I rise today in support of the resolution to create a 
House Ocean Task Force.
  During the more than 20 years I have been here in the Congress, I 
have made it a priority to promote protection of our oceans and 
effective conservation and management of the living marine resources. 
From protecting coastal wetlands to cleaning up our estuaries to 
promoting sustainable fisheries to preventing ocean pollution, each has 
been a priority.
  We have accomplished a great deal. But as highlighted in the more 
than 200 recommendations contained in the U.S. Commission on Ocean 
Policy report released last year, much remains to be done. And as Mr. 
Gilchrest just pointed out, a bipartisan group to coordinate this 
activity is necessary, given the fragmentation that has existed in the 
committee system as it relates to ocean issues for more than 50 years.
  As a chief sponsor in the House of the legislation to establish the 
U.S. Commission on Ocean Policy, I feel it is important to follow 
through and ensure the recommendations are effectively implemented.

[[Page 28331]]



                              {time}  1645

  We need to build on the momentum generated last year by the release 
of both the U.S. and the Pew Ocean Policy Commission reports and 
accomplish a true sea change in the way we utilize and manage our ocean 
resources. Given the scope and sheer number of recommendations from 
both commissions, it is also clear that we need to prioritize our 
efforts.
  The U.S. commission recommendations to Congress include a range of 
issues that cannot be addressed by any single committee. This task 
force will develop a number of recommendations that will be forwarded 
to the relevant standing committees and work with those committees to 
see that the recommendations are implemented.
  I feel it is time that we recognize that in order to make progress, 
we need a coordinated Congressional focus incorporating policy 
justifications of each of the standing committees to draft a 
comprehensive national oceans policy. This task force will enable us to 
do that, and I might say that the Republican leadership and I hope the 
Democrat leadership is committed to help in this effort in a very 
direct way.
  It took more than 10 years to implement the recommendations of the 
Stratton Commission. We cannot wait 10 years. The first U.S. Commission 
on Ocean Policy was an important one, but 10 years is just too long to 
wait. We need to work together to ensure implementation does not take 
that long this time.
  We need to capitalize on the enthusiasm and momentum generated by the 
commission reports and their recommendations. I urge my colleagues on 
both sides of the aisle to support this House Ocean Task Force 
resolution so that we will better be able to deal with ocean issues.
  Mr. PALLONE. Mr. Speaker, I yield 4 minutes to the gentleman from 
California (Mr. Farr).
  Mr. FARR. Mr. Speaker, I want to put this debate in some perspective. 
It was a year ago this week that the commission that the United States 
Congress created gave their report to us, after spending approximately 
$10 million of the taxpayers' money to put the report together, a year 
ago. This debate is about how we spend another year before we do 
anything, and that is wrong.
  What is lacking here is leadership. The ocean issue goes back 
generations. It goes back to the last administration. President Clinton 
had the first White House Conference on the Oceans out in California in 
1997. That was where all the ideas were created that we needed to 
upgrade all the oceans. President Bush signed into law and appointed 
members of the committee which gave us this report.
  What is happening is that this task force that is before the House 
today is just a way of delaying, stalling and not getting anything 
done. Everybody that is speaking here today loves the oceans. Everybody 
is a supporter of it, and there is not a greater supporter than Mr. 
Gilchrest. But, unfortunately, there is a lack of leadership behind Mr. 
Gilchrest.
  Where, Mr. Speaker, is the leadership? There is a bill in his 
committee, it has been there for almost a year, and they say, We need 
more time. That bill was put together with a coalition of Democrats and 
Republicans and Sea Grant Fellows, the staff, the Ph.D.'s and MAs to 
come here and work together. They are on it a year with Members and 
other staff.
  There has been all the work done, and it has been put in a bill. It 
is a bipartisan bill. It has all the cosponsors of the Oceans Caucus, 
three Democrats and three Republicans. That bill is H.R. 2139 and the 
leader of that bill is Mr. Weldon from the Republican Party. We have 
not even been able to have a hearing, not even scheduled a hearing. 
That bill could pass, and it is the ocean policy. It is the sum total 
of the parts of those two commissions. We do not need to spend more 
taxpayer money and more time in our House trying to decide what to do; 
we just need to do it.
  Now, we created a commission after 9/11, and after the 
recommendations came back, yes, there was debate on it, but in the same 
year we adopted it, and we took the recommendations. This is not being 
done.
  Mr. Gilchrest is not getting the support. What they are giving him is 
a bone and saying, Here, go out and use the bureaucracy of the House to 
have another task force. I ask, what date are we going to have a 
hearing for our bill? If we want to have some leadership on this, can 
you give us a date when the Oceans-21 bill will be heard in your 
committee?
  Mr. GILCHREST. Mr. Speaker, will the gentleman yield?
  Mr. FARR. I yield to the gentleman from Maryland.
  Mr. GILCHREST. I will tell you this, Mr. Farr: The aspects of Oceans-
21 in your bill that is subject to the jurisdiction----
  Mr. FARR. I just want to know the date. What month? January?
  Mr. GILCHREST. The parts of your bill that comes under my 
jurisdiction--
  Mr. FARR. Can we have a hearing on it?
  Mr. GILCHREST. We have held hearings on those issues. We have. And we 
have developed from your bill legislation that is moving through the 
subcommittee, that many of them have already passed the subcommittee 
and the full committee and are awaiting floor action.
  Mr. FARR. I have not seen any of that, and I am one of the cosponsors 
of that bill.
  The Oceans Blueprint for the 21st Century is the report that we spent 
$10 million on. The bill to implement that is called Oceans-21. This 
task force, the caucus, have all been bipartisan, have been equally 
split. But if you want to look at it, this task force is not only a 
delay tactic, it is also a very partisan tactic. The task force, for no 
apparent reason, will have seven Republican members and only five 
Democratic members. This is the first time in any of the debates we 
have not been an equal number in leadership and work.
  This is a cynical attempt to just delay, to stall. Although you have 
quoted Mr. Panetta and Admiral Watkins, I know they want more than 
anything legislation to pass, not creation of another task force.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to read the first paragraph, because there 
has been a lot of mention around here about delay and the cost of the 
ocean commission report. I want to read the first paragraph of the 
ocean commission report: America's oceans and coasts are priceless 
assets, indispensable to life itself. They also contribute 
significantly to our prosperity and overall quality of life. Too often, 
however, we take these gifts for granted, underestimating their value 
and ignoring our impact on them. Then our use of the oceans becomes 
abuse and the productive capacity of our marine resources is 
diminished.
  In 6 months, June 30, this bipartisan task force, made up as a 
reflection of the ratio of Democrats and Republicans in the House, 
which is standard practice for all committees, will issue its 
comprehensive report, legislative recommendations, so that each one of 
the fragmented committees will not have to deal with these issues that 
they have very little expertise with in any way.
  This is a bipartisan task force that is funded with its own staff 
separate from any other committee or influences from any other 
committee to deal with the issue of oceans, which determine the 
climate, determine the weather, determine the air we breathe, the food 
source for billions of people. This is an issue that we can get 
together on, have a bipartisan working relationship and put aside our 
partisan bickering, because the oceans are priceless. We have some work 
to do, and we can accomplish that by June 30.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in opposition to 
this resolution for many of the reasons that my colleagues have cited.
  The fact of the matter is, we have the blueprint for what needs to be 
done on the oceans. $10 million was spent developing it. We have 
another one from the

[[Page 28332]]

private sector, from the Pew Foundation, led by our former colleague 
Leon Panetta. I think they spent over $4 million. The Resources 
Committee has a budget of $14 million. If there are five other 
committees, most of their budgets are larger than ours, so you are 
approaching almost $100 million in public moneys that are available to 
deal with this issue. And yet we are going to create a task force to 
study a study and spend another $400,000. Either the place is so 
terribly bureaucratized that it cannot respond or it does not want to 
respond.
  The fact of the matter is, we can do this through a select committee 
and end up with a legislative product, or we can do this through a task 
force and end up with a study of a study recommending to the 
committees, that have not shown any interest to date, that they should 
do something about the oceans.
  You are right, the oceans are far too important to be left to that 
mechanism. But the fact of the matter is, this task force does not take 
this any further down the road.
  This is about action. As Mr. Farr said, it is about leadership. We 
have the expertise in the committees. When we did the energy bill, the 
Speaker told us that the energy bill would be on the floor by a certain 
date. The Commerce Committee did their part, the Ways and Means 
Committee did their part. Transportation did their part. Resources did 
their part. We saw the bill on Monday. We talked about it on Wednesday, 
voted on it on Friday. It was on the floor the following week. Not a 
great process, but they obviously wanted to do something to have an 
energy bill on the floor.
  We have done that in other cases. Here they simply do not want to do 
it. They really just do not want to do this to protect the oceans, 
because it requires a commitment of resources. It requires a national 
commitment to protect the oceans, and the Republican Congress is not 
interested in doing that. If they wanted to do it, they would do it. 
They simply do not want to do it.
  But what they want to do now is just throw some additional money at 
it to kind of kick the can down the road. The emotions are too 
important to be kicked down the road. This should be addressed by this 
Congress. We have had a year, and nothing has happened. So now we are 
going to spend another 6 months and the ball is not going to get 
advanced very far, other than politically, and then we are going to be 
back telling the committees they should do something about the oceans. 
We just spent $15 million telling the committees they should do 
something about the oceans.
  So this is about whether you have the will to do something about the 
oceans, whether you have the political ability to do something about 
the oceans and the leadership to do something about the oceans, or you 
do not. It just does not make any sense.
  This system, I guess, should become more flexible to deal with, 
because almost all of the tasks now that the Congress deals with cut 
across committee jurisdiction lines. So we ought to become more 
flexible to deal with it. We should not just be throwing more money at 
it to pretend like we are doing something to advance this incredibly 
important, incredibly urgent oceans agenda. This task force does not 
deal with that. I urge my colleagues to vote against this.
  Mr. GILCHREST. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, as one point of clarification regarding the claim made 
by the gentleman, our chairman, that no select committee was formed to 
consider the Stratton Commission recommendations, I believe that the 
gentleman from Maryland was in fact wrong on that. The Senate 
specifically established a National Ocean Policy Study in the Commerce 
Committee for that purpose.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from California 
(Ms. Woolsey).
  Ms. WOOLSEY. Mr. Speaker, as the saying goes, it is time for a lot 
less talk and a lot more action. The other side of the aisle talks a 
good game on protecting our oceans, but they control the Resources 
Committee. They control the House floor schedule. They control this 
Congress. And what have they done? At any time, they can use the House 
Resources Committee to bring up legislation to protect the oceans, but 
they have yet to have hearings or move legislation on marine protected 
areas, regional governance or coastal management. Instead, they have 
continually tried to open up our coasts to offshore drilling.
  I have introduced H.R. 1712 to protect the coast of Sonoma County, 
California, as part of the National Marine Sanctuary Program, but there 
have been no hearings on this bill or any other bill to protect our 
oceans. Let us be clear with the American people: This task force that 
this bill creates will have no ability to truly affect policy.
  Mr. Speaker, I would ask that instead of talking a good game, that 
they start bringing up bills, such as H.R. 1712, that would truly 
protect our oceans.
  Mr. GILCHREST. Mr. Speaker, I yield 1 minute to the gentleman from 
New Jersey (Mr. Saxton).

                              {time}  1700

  Mr. SAXTON. Mr. Speaker, I would just like to point out to my friends 
on the other side of the aisle that Mr. Gilchrest has spent a great 
deal of time in working with leadership on this issue, recognizing that 
there is a process problem here in that the Oceans-21 bill that we all 
want to see passed is in the jurisdiction of quite some number of 
committees.
  For example, the Agriculture Committee has jurisdiction with regard 
to issues involving runoff. The Armed Services Committee has obvious 
jurisdiction over issues involving the Navy. The Transportation 
Committee is where the Coast Guard subcommittee is housed. The 
Resources Committee, obviously made up of Interior members I might add, 
has great jurisdiction here, as does the Financial Services Committee 
and the Education Committee.
  What Mr. Gilchrest is attempting to do here, and I support his effort 
very much, is to have a bipartisan commission made up that can work 
with leadership to work it through this morass, this maze of standing 
committees. If we do not do that, the sure bet is that this bill in 
this term is going nowhere.
  Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, again, I think it is very important that we vote no on 
this resolution. Essentially, it is going to accomplish nothing. I said 
before that, when Mr. Hastings, who is the sponsor, first spoke earlier 
today, he said that the task force will have no legislative 
jurisdiction. If you read section 3, Jurisdiction, under the 
resolution, it specifically says: The task force may develop 
recommendations and report to the House on the final report of the U.S. 
Commission on Ocean Policy making recommendations for a national oceans 
policy entitled, An Ocean Blueprint For the 21st Century.
  So, again, it says in the resolution, this is nothing but a report on 
another report which is already 500 pages, and $10 million of 
taxpayers' money has been spent on it. Why should we spend another 
$400,000 to come up with another report on the report with no 
legislative action? My democratic colleague Mr. Farr says he has a 
bill, Oceans-21. He is the co-chair of the Oceans Caucus, bipartisan 
legislation. He asked the gentleman from Maryland, when is there going 
to be a hearing on that? No answer. When is it going to be reported 
out? No answer. Why? Because this Republican Congress does not want to 
take any action on the ocean commission's recommendations. They just 
want to do another study, another report, another 6-month delay, 
another $400,000, $500,000 spent. It is ridiculous. We had the 
gentlewoman from California (Ms. Woolsey) she said, why isn't her bill 
being reported?
  Now, I know my colleague from Maryland said, Well, we can't do this 
because this goes across so many committees' jurisdictions. That is 
really not a legitimate argument.

[[Page 28333]]

  The bottom line is that this House Republican leadership has taken 
bills, as I said many times, written them in the Rules Committee. The 
notion that they cannot get their act together and report out some of 
these bills, it just does not make any sense. I think that what we are 
seeing here is a delaying tactic. If you think about it, once this gets 
started, another 6 months, we will be halfway into the last year of 
this Congress, and we will basically see absolutely nothing happen. The 
only way that we are going to see action on the Ocean Commission's 
recommendations, the only way that we are going to see anything happen 
here is if we eliminate this task force and we demand and build 
pressure on the Republican leadership to report out legislation that 
has already been introduced that would enact the U.S. ocean 
commission's report. That is the main reason I believe why we must vote 
no on this legislation. It will accomplish nothing. It is simply 
another delay.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this task force creates an opportunity to bypass, 
eliminate the bureaucracy and fragmentation of the myriad of 
jurisdictions of this body. This task force creates a new dynamic. It 
brings people in, Democrats, Republicans. It brings the public into the 
process. It brings scientists into the process. It brings people who 
work in all the various marine industries into the process to evaluate, 
to analyze in a very clinical manner the ocean commission 
recommendations.
  This is about specific recommendations coming out of a bipartisan 
task force with the idea that we eliminate bureaucracy; we eliminate 
the committee jurisdiction problems and hand to these various 
committees the specific recommendations that we have evaluated over 
this 6-month period of time.
  The subcommittee is moving legislation with the recommendations from 
the ocean commission report and the Pew Commission report on oceans. We 
are dealing with what to do about sanctuaries, marine protected areas, 
coral reefs, marine debris, Magnuson issues, ecosystem management of 
the fisheries. All of these things subject to our jurisdiction and the 
rules of the House are being moved through that subcommittee. I urge my 
colleagues to vote in favor of the task force.
  Mr. RAHALL. Mr. Speaker, I rise to express my opposition to this 
resolution.
  This Ocean Policy Task Force resolution, while well intentioned by 
its sponsor, is misguided. Its effect would be to deceive the American 
public into believing that the House of Representatives is actually 
working to advance the recommendations of two comprehensive ocean 
policy reports when the opposite is true.
  As the Ranking Democratic Member on the Committee on Resources, I 
staunchly support efforts to restore our ocean and coastal environment. 
But what we have before us today smells fishy and I urge Members to 
oppose this ill-advised resolution.
  Last September, the U.S. Commission on Ocean Policy sent up to the 
Congress a comprehensive report that included over two-hundred specific 
recommendations to guide the development of a new national ocean policy 
for the 21st Century.
  That report--the first of its kind in over thirty years--handed the 
Congress an action agenda to finally address the degraded condition of 
our ocean and coastal resources. The Commission was filled with highly 
credentialed professionals with expertise in policy, economics, 
science, technology and resource management drawn from both the public 
and private sectors and academia.
  No one, absolutely no one, questions the caliber of the Commission. 
For the Congress to assert that it can do a better job in six months 
time than the experts appointed to the Commission did in three years is 
absurd.
  Moreover, the Ocean Commission's report echoed similar findings and 
recommendations to those made in the 2003 report released by the 
independent Pew Oceans Commission, chaired by our former colleague, the 
Honorable Leon Panetta.
  If there was anything that these reports conveyed, it is that this is 
a pressing national problem.
  Unfortunately, rather than rolling up our sleeves and working in a 
bi-partisan fashion to begin a process of genuine oversight to evaluate 
the merits of the Ocean Commission's work, months have been allowed to 
lapse with little, if any, meaningful oversight; without the 
development of any joint strategy; and absent any leadership by the 
Republican majority.
  I, along with Members from both sides of the aisle, have introduced 
legislation to implement several of the Commission's recommendations. 
My legislation, for example, addresses fisheries management, including 
how the various fisheries management councils can perform in a more 
transparent and effective manner.
  But instead of debating these substantive proposals, the majority 
leadership trots out a resolution to create a toothless Task Force on 
Ocean Policy which will only waste precious time.
  This is a classic stalling tactic of government--to study an issue to 
death. Sadly, our oceans could be on life support before this 
Republican-led Congress acts to implement the Commission's 
recommendations.
  I urge members to support true oversight of the Ocean Commission's 
recommendations and to oppose this misguided resolution.
  Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from Maryland (Mr. Gilchrest) that the House 
suspend the rules and agree to the resolution, H. Res. 599.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




                COAST GUARD HURRICANE RELIEF ACT OF 2005

  Mr. LoBIONDO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4508) to commend the outstanding efforts in response to 
Hurricane Katrina by members and employees of the Coast Guard, to 
provide temporary relief to certain persons affected by such hurricane 
with respect to certain laws administered by the Coast Guard, and for 
other purposes.
  The Clerk read as follows:

                               H.R. 4508

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Hurricane Relief 
     Act of 2005''.

     SEC. 2. COMMENDATION, RECOGNITION, AND THANKS FOR COAST GUARD 
                   PERSONNEL.

       (a) Findings.--The Congress finds the following:
       (1) On August 29, 2005, Hurricane Katrina struck the Gulf 
     of Mexico coastal region of Louisiana, Mississippi, and 
     Alabama, causing the worst natural disaster in United States 
     history.
       (2) The Coast Guard strategically positioned its aircraft, 
     vessels, and personnel the day before Hurricane Katrina made 
     landfall and launched search and rescue teams within hours 
     after Hurricane Katrina struck.
       (3) The Coast Guard moved its operations in areas 
     threatened by Hurricane Katrina to higher ground and 
     mobilized cutters, small boats, and aircraft from all around 
     the United States to help in the response to Hurricane 
     Katrina.
       (4) The response to Hurricane Katrina by members and 
     employees of the Coast Guard has been immediate, invaluable, 
     and courageous.
       (5) The Coast Guard rescued more than 33,000 people 
     affected by Hurricane Katrina through the air and by water, 
     including evacuations of hospitals, and has been at the 
     center of efforts to restore commerce to areas affected by 
     Hurricane Katrina by clearing shipping channels, replacing 
     aids to navigation, and securing uprooted oil rigs.
       (6) The Coast Guard was at the forefront of the Federal 
     response to the numerous oil and chemical spills in the area 
     affected by Hurricane Katrina.
       (7) Members and employees of the Coast Guard--
       (A) have shown great leadership in helping to coordinate 
     relief efforts with respect to Hurricane Katrina;
       (B) have used their expertise and specialized skills to 
     provide immediate assistance to victims and survivors of the 
     hurricane; and
       (C) have set up remote assistance operations in the 
     affected areas in order to best

[[Page 28334]]

     provide service to the Gulf of Mexico coastal region.
       (8) Members and employees of the Coast Guard have worked 
     together to bring clean water, food, and resources to victims 
     and survivors in need.
       (b) Commendation, Recognition, and Thanks.--The Congress--
       (1) commends the outstanding efforts in response to 
     Hurricane Katrina by members and employees of the Coast 
     Guard;
       (2) recognizes that the actions of these individuals went 
     above and beyond the call of duty; and
       (3) thanks them for their continued dedication and service.
       (c) Sense of Congress.--It is the sense of Congress that 
     the Coast Guard should play a major role in response to any 
     future national emergency or disaster caused by a natural 
     event in the United States in a coastal or offshore area.

     SEC. 3. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF 
                   LICENSES, CERTIFICATES OF REGISTRY, AND 
                   MERCHANT MARINERS' DOCUMENTS.

       (a) Licenses and Certificates of Registry.--Notwithstanding 
     section 7106 and 7107 of title 46, United States Code, the 
     Secretary of the department in which the Coast Guard is 
     operating may temporarily extend the duration of a license or 
     certificate of registry issued for an individual under 
     chapter 71 of that title until not later than February 28, 
     2006, if--
       (1) the individual is a resident of Alabama, Mississippi, 
     or Louisiana; or
       (2) the individual is a resident of any other State, and 
     the records of the individual--
       (A) are located at the Coast Guard facility in New Orleans 
     that was damaged by Hurricane Katrina; or
       (B) were damaged or lost as a result of Hurricane Katrina.
       (b) Merchant Mariners' Documents.--Notwithstanding section 
     7302(g) of title 46, United States Code, the Secretary of the 
     Department in which the Coast Guard is operating may 
     temporarily extend the duration of a merchant mariners' 
     document issued for an individual under chapter 73 of that 
     title until not later than February 28, 2006, if--
       (1) the individual is a resident of Alabama, Mississippi, 
     or Louisiana; or
       (2) the individual is a resident of any other State, and 
     the records of the individual--
       (A) are located at the Coast Guard facility in New Orleans 
     that was damaged by Hurricane Katrina; or
       (B) were damaged or lost as a result of Hurricane Katrina.
       (c) Manner of Extension.--Any extensions granted under this 
     section may be granted to individual seamen or a specifically 
     identified group of seamen.

     SEC. 4. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF 
                   VESSEL CERTIFICATES OF INSPECTION.

       (a) Authority to Extend.--Notwithstanding section 3307 and 
     3711(b) of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating may 
     temporarily extend the duration or the validity of a 
     certificate of inspection or a certificate of compliance 
     issued under chapter 33 or 37, respectively, of title 46, 
     United States Code, for up to 3 months for a vessel inspected 
     by a Coast Guard Marine Safety Office located in Alabama, 
     Mississippi, or Louisiana.
       (b) Expiration of Authority.--The authority provided under 
     this section expires February 28, 2006.

     SEC. 5. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA 
                   OPERATIONS.

       (a) Preservation of Leave.--Notwithstanding section 701(b) 
     of title 10, United States Code, any member of the Coast 
     Guard who serves on active duty for a continuous period of 30 
     days, who is assigned to duty or otherwise detailed in 
     support of units or operations in the Eighth Coast Guard 
     District area of responsibility for activities to mitigate 
     the consequences of, or assist in the recovery from, 
     Hurricane Katrina, during the period beginning on August 28, 
     2005, and ending on January 1, 2006, and who would otherwise 
     lose any accumulated leave in excess of 60 days as a 
     consequence of such assignment, is authorized to retain an 
     accumulated total of up to 90 days of leave.
       (b) Excess Leave.--Leave in excess of 60 days accumulated 
     under subsection (a) shall be lost unless used by the member 
     before the commencement of the second fiscal year following 
     the fiscal year in which the assignment commences, or in the 
     case of a Reserve members, the year in which the period of 
     active service is completed.

  The SPEAKER pro tempore (Mr. Davis of Kentucky). Pursuant to the 
rule, the gentleman from New Jersey (Mr. LoBiondo) and the gentleman 
from California (Mr. Filner) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I urge my colleagues to support this important bill to 
address the concerns of Coast Guardsmen and the merchant mariner 
community that were affected by the recent hurricanes along the gulf 
coast. Most of the provisions that are being offered in this bill are 
nearly identical to the language that was included in H.R. 889, the 
Coast Guard Maritime Transportation Act of 2005, that is currently in 
conference with the Senate. The conferees have made a great deal of 
progress towards reconciling the language in both bills. However, some 
issues remain unresolved. As a result, we are moving these temporary 
extensions today.
  This bill authorizes the Coast Guard to temporarily extend the 
validity of Merchant Mariner Document licenses and vessel certificates 
of inspection for mariners and vessel owners in the region that was 
affected by Hurricane Katrina. This extension will allow merchant 
mariners to continue working in the gulf region and will also allow the 
Coast Guard to continue its efforts to recover documents that were held 
at the Regional Examination Center in New Orleans.
  This bill also includes a provision to preserve up to 90 days of 
accumulated leave that would have been lost at the end of this year for 
Coast Guardsmen who were assigned to operations in response to 
Hurricane Katrina.
  Lastly, the bill commends the men and women of the Coast Guard for 
their heroic and extraordinary service in response to Hurricanes 
Katrina and Rita this year.
  We all watched with admiration at the skill of the Coast Guard 
helicopter and boat crews who rescued over 33,000 Americans. And while 
there were a lot of questions and still remain a lot of questions about 
the Federal response and that whole situation surrounding the gulf 
coast storms, the Coast Guard is a shining bright light of what 
dedication and extraordinary service to their country these young men 
and women have provided in response to a national disaster and 
emergency, the likes of which we have hardly ever seen before. We thank 
them for their selfless service and celebrate their bravery and 
outstanding efforts.
  I urge my colleagues to join me in supporting the Coast Guard and the 
maritime community by supporting this important bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume. I 
thank Mr. LoBiondo for moving this legislation so rapidly given the 
emergency circumstances.
  As the chairman said, during the days and weeks after the onslaught 
of Hurricanes Katrina and Rita, the Coast Guard showed what a Federal 
agency can do when it is prepared.
  The Coast Guard, whose motto is Semper Paratus, always ready, was 
prepared to respond to this storm. Before levees ever broke, the Coast 
Guard was flying additional helicopters and extra air crews into the 
gulf region. Once the storm hit, their air crews and boat crews were 
operating 24 hours a day to save their countrymen.
  The chairman and I visited the Coast Guard after the bulk of the work 
was done in the New Orleans area to get a briefing and to congratulate 
them on behalf of all the Members of the Congress for their work. And 
we saw their work. We saw that being prepared to respond to a disaster 
is not just a paper exercise to sit on the shelf when the big one 
occurs. Being prepared is something they do every day. They develop 
relationships with State and local government officials. They know who 
in the private sector can help provide resources to respond. They make 
decisions quickly so that they can implement an effective response. And 
as the chairman said, they saved over 33,000 lives during their 
response to the hurricanes.
  So this bill addresses a number of Coast Guard related issues that 
need to be addressed very quickly. They were in H.R. 889, the Coast 
Guard and Maritime Transportation Act of 2005, when we passed the bill 
in the House in September. However, the conferees on this bill have 
been unable so far to come to a resolution on all the issues, and there 
are a few time-sensitive provisions that cannot wait. For example, 
section 3 of this bill allows the Coast Guard to temporarily extend the 
license and Merchant Mariner Documents for individuals whose personnel 
records were

[[Page 28335]]

damaged or destroyed in the 8 feet of water that flooded the Coast 
Guard Record Center in New Orleans. It also allows the Coast Guard to 
extend the license and documents of individuals who are residents of 
Louisiana, Alabama and Mississippi since their own personal records may 
have been destroyed in their home or office.
  Current law states that a license or Merchant Mariner Document is 
only valid for 5 years. Some of those documents are expiring, and the 
Coast Guard feels they cannot extend them without the paperwork that is 
in their flooded building or in the mariner's home. So this bill allows 
these licenses and documents to be extended to the end of February 
2006.
  The gentleman from Florida (Mr. Boyd) has raised this issue with me 
over the past week when it became apparent that the conferees were not 
going to complete the work on H.R. 889. And I want to thank the 
chairman and his staff for allowing us to work this out so quickly and 
to be able to assure the gentleman that his concerns have been 
addressed in this bill. Any mariner who is a resident of Florida may 
have his or her license or Merchant Mariner Document renewed if their 
records were in the Coast Guard's Records Office in New Orleans that 
was flooded.
  Similarly, section 4 allows the Coast Guard to temporarily extend the 
certificate of inspection or certificate of compliance if the vessel is 
normally inspected by a Coast Guard Marine Safety Office located in 
Alabama, Mississippi or Louisiana.
  Several hundred men and women in the Coast Guard spent so much time 
responding to Hurricane Katrina that they themselves were not able to 
use their accumulated leave before the end of the fiscal year. So this 
bill in section 5 allows Coast Guard personnel who were involved in 
this hurricane response to carry over for 90 days instead of the normal 
60 days that they were allowed.
  Finally, Mr. Speaker, H.R. 4508 expresses a sense of Congress that 
the men and women serving in the Coast Guard went above and beyond the 
call of duty when they responded to Hurricane Katrina and thanks them 
for their continued dedication and service to our Nation.
  Mr. Speaker, again, I want to thank Chairman LoBiondo and his staff 
for working so closely with our staff to get this out quickly. I urge 
my colleagues to voice their support for H.R. 4508.
  Mr. Speaker, I yield back the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield 3 minutes to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Speaker, I want to thank and praise Chairman LoBiondo 
for his steadfast, consistent, constant advocacy of the Coast Guard 
because that has been very important here in Congress and very 
important to the Coast Guard.
  I rise to commend the Coast Guard's outstanding response to Hurricane 
Katrina and support the Coast Guard Hurricane Relief Act of 2005. 
Recently, more than ever, the Coast Guard has demonstrated its unique 
multi-mission role as the world's premiere maritime service.
  The devastation caused by Hurricane Katrina along our gulf coast had 
been well documented. One of the best stories to emerge from this 
disaster has been the heroic work of our Coast Guard. Hurricane Katrina 
ravaged Coast Guard stations in Gulfport and Pascagoula, Mississippi, 
and looters wrecked part of its New Orleans base.

                              {time}  1715

  But that did not stop the Coast Guard from sending out rescue 
helicopters, cutters, and small boats on dangerous and exhausting 
missions to save lives and clear waterways after the hurricane ravaged 
the gulf coast.
  By August 30, the Coast Guard had rescued some 1,200 people even 
though continued gale force winds made air and sea operations extremely 
hazardous.
  In the first 5 days after Katrina hit, the Coast Guard surged 30 
cutters, 38 helicopters and over 5,000 personnel into the affected 
areas. In addition to search-and-rescue operations, these assets also 
provided vital security, logistics, and communications support to the 
areas hardest hit by the storm. At the height of Katrina rescue 
operations, over 33 percent of the Coast Guard aircraft were deployed 
to the affected region.
  As a military, multimission maritime service, the Coast Guard 
performs a unique blend of humanitarian, law enforcement, regulatory, 
and military missions. The service plays a critical role in providing 
maritime security, maritime safety, protection of natural resources, 
and national defense services.
  As chairman of the Subcommittee on Criminal Justice, Drug Policy and 
Human Resources and a member of the Committee on Homeland Security, I 
am very aware of the critical role performed by the Coast Guard in drug 
interdiction and homeland security.
  In this past week alone, the Coast Guard, in partnership with the 
Federal law enforcement agencies in the Department of Homeland Security 
and Justice, and the Department of Defense, seized over 10 tons of 
cocaine bound for our shores. In fiscal year 2005, the Coast Guard 
seized over 300,000 pounds of cocaine, worth approximately $9.7 
billion. This was another record year of drug seizures, and the Coast 
Guard plays a critical role in interdicting these enormous loads before 
they reach our cities.
  As Hurricane Katrina has made abundantly clear, our country needs a 
strong and robust Coast Guard, and Congress needs to ensure that we are 
putting the right tools and equipment into the very capable hands of 
Coast Guard men and women so that they may continue to deliver the 
robust maritime safety and security America expects and deserves.
  The Coast Guard's Deepwater recapitalization project plays an 
absolutely critical role in building a more ready and capable 21st-
century Coast Guard equal to the challenges we face today and 
anticipate tomorrow.
  It is vitally important to our national drug control strategy and our 
national security, as well as protecting our Nation's citizens from 
natural disasters such as Hurricane Katrina, that the Deepwater project 
be accelerated and that there be more Coast Guard ships and aircraft to 
respond to the many critical missions of the Coast Guard.
  The Coast Guard's motto, ``Semper Paratus,'' Always Ready, has been 
earned through the courage and actions of each member of the Coast 
Guard. I am very eager to support the Coast Guard Hurricane Relief Act 
of 2005 and urge this vital legislation be hopefully unanimously 
adopted.
  Mr. LoBIONDO. Mr. Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Boyd).
  Mr. BOYD. Mr. Speaker, I thank the gentleman from California (Mr. 
Filner) and the gentleman from New Jersey (Mr. LoBiondo) for their work 
and for yielding me time.
  Mr. Speaker, as has been said here earlier, the Coast Guard facility 
in New Orleans was destroyed by Hurricane Katrina that handles vessel 
licensing for those of us on the gulf coast, and with that, many of the 
records that handle the relicensing for those vessels.
  I want to thank Chairman Young and Ranking Member Oberstar and these 
gentlemen for having the foresight to try to fix this problem. They 
were working on it in the Coast Guard reauthorization bill, obviously; 
and this piece of legislation will do that.
  I also want to particularly thank them for resolving the issue as it 
relates to Florida boat owners; and so, Mr. Speaker, I just came to say 
to them, thanks.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  I will close briefly and thank the gentleman from California (Mr. 
Filner) for joining me, and the gentleman from Alaska (Mr. Young) and 
the gentleman from Minnesota (Mr. Oberstar) for their strong support. I 
thank the gentleman from Florida (Mr. Boyd).
  This is a great example of how we can recognize a problem, put our 
shoulders to the same wheel, and move forward with an issue.

[[Page 28336]]

  I will just use the opportunity, in addition to urging my colleagues 
to support this legislation, to remind them that over the year we have 
continued to give the Coast Guard many more missions, but not any more 
resources. Katrina and Rita were a great example of the dedication and 
the training and the patriotism of our men and women in the Coast 
Guard, and it should be a great example for all of us as to why we must 
continue to focus on getting these men and women the key resources they 
need for additional personnel, for men and for assets.
  There is not a mission that we could give the Coast Guard that they 
could not do unless we deny them the ability through the resources to 
be able to do that.
  We have made some great strides this year. The Coast Guard continues 
to do an outstanding job in relation to their domestic priorities, but 
especially for their number one mission now, which is homeland security 
and maritime antiterrorism.
  So, Mr. Speaker, once again, I thank my colleagues and urge everyone 
to support this legislation.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise today to offer my full 
support for H.R. 4508, commending the Coast Guard for its outstanding 
response to Hurricane Katrina.
  On August, 2005 we saw one of the worst natural disasters in our 
nation's history ravage the gulf coast along Alabama, Louisiana, and 
Mississippi. While many of our government agencies were unprepared to 
deal with such a disaster, the Coast Guard responded immediately and 
courageously.
  The Coast Guard was responsible for saving over 33,000 lives--six 
times the number of lives the Coast Guard saved in 2004--after Katrina 
hit, coordinating pollution response with the Environmental Protection 
Agency, the state of Louisiana and local industries, and managing the 
mega-shelters in my hometown of Houston, Texas, where tens of thousands 
of the evacuees found relief following the storm. They have also been 
at the center of efforts to restore commerce to areas affected by 
Katrina by clearing shipping channels, replacing aids to navigation, 
and securing uprooted oil rigs.
  Coast Guard Lieutenant Joe Leonard and the units in Houston did a 
remarkable job in managing these shelters that received thousands of 
people in the days and weeks following Katrina. Many of these people 
were left with nothing, but these shelters provided them food, water, 
and a place to stay until FEMA and other government agencies could find 
more suitable housing.
  Mr. Speaker, I would again like to commend the Coast Guard for their 
remarkable job responding to Hurricane Katrina, and would urge all my 
colleagues to join me in supporting H.R. 4508.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of this 
bill.
  As this body's only licensed mariner, I understand the lengths to 
which our Nation's mariners and vessel owners go, to obtain or renew 
their required licenses and documents.
  This bill will allow merchant mariners and vessel owners in the gulf 
region to continue normal operations under existing merchant mariner 
documents, licenses and certificates of vessel inspection.
  The bill will also allow the Coast Guard to continue its recovery of 
documents that were damaged by flood waters at the Regional Examination 
Center in New Orleans necessary to issue renewed licenses and documents 
in the future.
  The Coast Guard has done a remarkable job to restore most services in 
the gulf region despite suffering significant damage to Coast Guard 
facilities.
  However, as a result of coastguardsmen's tireless effort to protect 
the safety and security of our coasts many servicemen were called to 
duty when otherwise they would have been on leave.
  This bill assures that any member of the Coast Guard that was 
involved in the response efforts along the gulf coast will retain 
accumulated leave up to 90 days that would otherwise be lost.
  Lastly, this bill commends the men and women of the Coast Guard for 
their heroic and selfless service in response to hurricanes Katrina and 
Rita this year.
  I urge all members to join me in supporting the Coast Guard and the 
Merchant Mariner community for their continued efforts to restore 
normal and safe operations along our gulf coast.
  Ms. WOOLSEY. Mr. Speaker, I want to add my voice to those applauding 
the outstanding disaster response work of the U.S. Coast Guard.
  My district is fortunate to host one of the Nation's three Coast 
Guard highly trained oil spill and hazmat response teams, the Pacific 
Strike Team located at Hamilton Field in Novato. We are also proud of 
Coast Guard training center Petaluma, located in the rural Two Rock 
area. Men and Women from both bases had important roles in the 
aftermath of Katrina.
  For the Pacific Strike Team, quick response to emergencies is normal 
operating procedure. On the night of August 29, Commander Anthony Lloyd 
and a dozen or so members of the team flew out of California to join 
the two other units of the National Strike Force at the forward 
operating base in Alexandra. In the following weeks they participated 
in the largest oil cleanup spill since the Exxon Valdez, containing oil 
spills from 8 or 9 refineries on the Mississippi and the Gulf. With oil 
spill cleanup almost completed, the Pacific Strike Team has joined the 
Louisiana environmental officials and the U.S. EPA in an effort to 
remove hazmat materials scattered along Lousiana's broad coastal zone. 
To date this unified command, combing the wetlands and bayous, have 
collected about 1 million commercial 55 gallon drums.

  In an emergency, the Coast Guard also relies on its personnel 
stationed at bases and at sea . . . everyone lends a hand.

  Coast Guard Training Center Petaluma, commanded by Captain Brian 
Marvin, is no exception. Nine Two Rock coasties have recently returned 
from a 30 day rotation in the Gulf where they performed a variety of 
duties which exemplify the diverse mission of the Coast Guard. Two 
chaplains helped with spiritual support and stress management both for 
hurricane victims and responders; a doctor helped to mend bodies at a 
relief center in New Orleans; an officer was sent to be in charge of a 
relief boat command and control center; another officer was sent as a 
planner; two petty officers served in law enforcement, repairing aids 
to navigation and participating in search and rescue operations; and 
another petty officer conducted incident debriefings and helped develop 
support systems for personnel out in the field.

  All these activities were conducted with the highest professionalism, 
dedication, and compassion--Coast Guard hallmarks. They deserve the 
highest praise and ongoing support for their mission.
  Mr. LoBIONDO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Davis of Kentucky). The question is on 
the motion offered by the gentleman from New Jersey (Mr. LoBiondo) that 
the House suspend the rules and pass the bill, H.R. 4508.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4508.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                          ____________________




       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 972) to authorize appropriations for fiscal years 
2006 and 2007 for the Trafficking Victims Protection Act of 2000, and 
for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 972

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Trafficking Victims Protection Reauthorization Act of 
     2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Prevention of trafficking in conjunction with post-conflict 
              and humanitarian emergency assistance.

[[Page 28337]]

Sec. 102. Protection of victims of trafficking in persons.
Sec. 103. Enhancing prosecutions of trafficking in persons offenses.
Sec. 104. Enhancing United States efforts to combat trafficking in 
              persons.
Sec. 105. Additional activities to monitor and combat forced labor and 
              child labor.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons.
Sec. 202. Establishment of grant program to develop, expand, and 
              strengthen assistance programs for certain persons 
              subject to trafficking.
Sec. 203. Protection of juvenile victims of trafficking in persons.
Sec. 204. Enhancing State and local efforts to combat trafficking in 
              persons.
Sec. 205. Report to Congress.
Sec. 206. Senior Policy Operating Group.
Sec. 207. Definitions.

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The United States has demonstrated international 
     leadership in combating human trafficking and slavery through 
     the enactment of the Trafficking Victims Protection Act of 
     2000 (division A of Public Law 106-386; 22 U.S.C. 7101 et 
     seq.) and the Trafficking Victims Protection Reauthorization 
     Act of 2003 (Public Law 108-193).
       (2) The United States Government currently estimates that 
     600,000 to 800,000 individuals are trafficked across 
     international borders each year and exploited through forced 
     labor and commercial sex exploitation. An estimated 80 
     percent of such individuals are women and girls.
       (3) Since the enactment of the Trafficking Victims 
     Protection Act of 2000, United States efforts to combat 
     trafficking in persons have focused primarily on the 
     international trafficking in persons, including the 
     trafficking of foreign citizens into the United States.
       (4) Trafficking in persons also occurs within the borders 
     of a country, including the United States.
       (5) No known studies exist that quantify the problem of 
     trafficking in children for the purpose of commercial sexual 
     exploitation in the United States. According to a report 
     issued by researchers at the University of Pennsylvania in 
     2001, as many as 300,000 children in the United States are at 
     risk for commercial sexual exploitation, including 
     trafficking, at any given time.
       (6) Runaway and homeless children in the United States are 
     highly susceptible to being domestically trafficked for 
     commercial sexual exploitation. According to the National 
     Runaway Switchboard, every day in the United States, between 
     1,300,000 and 2,800,000 runaway and homeless youth live on 
     the streets. One out of every seven children will run away 
     from home before the age of 18.
       (7) Following armed conflicts and during humanitarian 
     emergencies, indigenous populations face increased security 
     challenges and vulnerabilities which result in myriad forms 
     of violence, including trafficking for sexual and labor 
     exploitation. Foreign policy and foreign aid professionals 
     increasingly recognize the increased activity of human 
     traffickers in post-conflict settings and during humanitarian 
     emergencies.
       (8) There is a need to protect populations in post-conflict 
     settings and humanitarian emergencies from being trafficked 
     for sexual or labor exploitation. The efforts of aid agencies 
     to address the protection needs of, among others, internally 
     displaced persons and refugees are useful in this regard. 
     Nonetheless, there is a need for further integrated programs 
     and strategies at the United States Agency for International 
     Development, the Department of State, and the Department of 
     Defense to combat human trafficking, including through 
     protection and prevention methodologies, in post-conflict 
     environments and during humanitarian emergencies.
       (9) International and human rights organizations have 
     documented a correlation between international deployments of 
     military and civilian peacekeepers and aid workers and a 
     resulting increase in the number of women and girls 
     trafficked into prostitution in post-conflict regions.
       (10) The involvement of employees and contractors of the 
     United States Government and members of the Armed Forces in 
     trafficking in persons, facilitating the trafficking in 
     persons, or exploiting the victims of trafficking in persons 
     is inconsistent with United States laws and policies and 
     undermines the credibility and mission of United States 
     Government programs in post-conflict regions.
       (11) Further measures are needed to ensure that United 
     States Government personnel and contractors are held 
     accountable for involvement with acts of trafficking in 
     persons, including by expanding United States criminal 
     jurisdiction to all United States Government contractors 
     abroad.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

     SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-
                   CONFLICT AND HUMANITARIAN EMERGENCY ASSISTANCE.

       (a) Amendment.--Section 106 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7104) is amended by adding 
     at the end the following new subsection:
       ``(h) Prevention of Trafficking in Conjunction With Post-
     Conflict and Humanitarian Emergency Assistance.--The United 
     States Agency for International Development, the Department 
     of State, and the Department of Defense shall incorporate 
     anti-trafficking and protection measures for vulnerable 
     populations, particularly women and children, into their 
     post-conflict and humanitarian emergency assistance and 
     program activities.''.
       (b) Study and Report.--
       (1) Study.--
       (A) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, in consultation with the Secretary of Defense, 
     shall conduct a study regarding the threat and practice of 
     trafficking in persons generated by post-conflict and 
     humanitarian emergencies in foreign countries.
       (B) Factors.--In carrying out the study, the Secretary of 
     State and the Administrator of the United States Agency for 
     International Development shall examine--
       (i) the vulnerabilities to human trafficking of commonly 
     affected populations, particularly women and children, 
     generated by post-conflict and humanitarian emergencies;
       (ii) the various forms of trafficking in persons, both 
     internal and trans-border, including both sexual and labor 
     exploitation;
       (iii) a collection of best practices implemented to date to 
     combat human trafficking in such areas; and
       (iv) proposed recommendations to better combat trafficking 
     in persons in conjunction with post-conflict reconstruction 
     and humanitarian emergencies assistance.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, with the concurrence of the Secretary of 
     Defense, shall transmit to the Committee on International 
     Relations and the Committee on Armed Services of the House of 
     Representatives and the Committee on Foreign Relations and 
     the Committee on Armed Services of the Senate a report that 
     contains the results of the study conducted pursuant to 
     paragraph (1).

     SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.

       (a) Access to Information.--Section 107(c)(2) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(c)(2)) is amended by adding at the end the following new 
     sentence: ``To the extent practicable, victims of severe 
     forms of trafficking shall have access to information about 
     federally funded or administered anti-trafficking programs 
     that provide services to victims of severe forms of 
     trafficking.''.
       (b) Establishment of Pilot Program for Residential 
     Rehabilitative Facilities for Victims of Trafficking.--
       (1) Study.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the United 
     States Agency for International Development shall carry out a 
     study to identify best practices for the rehabilitation of 
     victims of trafficking in group residential facilities in 
     foreign countries.
       (B) Factors.--In carrying out the study under subparagraph 
     (A), the Administrator shall--
       (i) investigate factors relating to the rehabilitation of 
     victims of trafficking in group residential facilities, such 
     as the appropriate size of such facilities, services to be 
     provided, length of stay, and cost; and
       (ii) give consideration to ensure the safety and security 
     of victims of trafficking, provide alternative sources of 
     income for such victims, assess and provide for the 
     educational needs of such victims, including literacy, and 
     assess the psychological needs of such victims and provide 
     professional counseling, as appropriate.
       (2) Pilot program.--Upon completion of the study carried 
     out pursuant to paragraph (1), the Administrator of the 
     United States Agency for International Development shall 
     establish and carry out a pilot program to establish 
     residential treatment facilities in foreign countries for 
     victims of trafficking based upon the best practices 
     identified in the study.
       (3) Purposes.--The purposes of the pilot program 
     established pursuant to paragraph (2) are to--
       (A) provide benefits and services to victims of 
     trafficking, including shelter, psychological counseling, and 
     assistance in developing independent living skills;
       (B) assess the benefits of providing residential treatment 
     facilities for victims of trafficking, as well as the most 
     efficient and cost-effective means of providing such 
     facilities; and
       (C) assess the need for and feasibility of establishing 
     additional residential treatment facilities for victims of 
     trafficking.
       (4) Selection of sites.--The Administrator of the United 
     States Agency for International Development shall select 2 
     sites at

[[Page 28338]]

     which to operate the pilot program established pursuant to 
     paragraph (2).
       (5) Form of assistance.--In order to carry out the 
     responsibilities of this subsection, the Administrator of the 
     United States Agency for International Development shall 
     enter into contracts with, or make grants to, organizations 
     with relevant expertise in the delivery of services to 
     victims of trafficking.
       (6) Report.--Not later than one year after the date on 
     which the first pilot program is established pursuant to 
     paragraph (2), the Administrator of the United States Agency 
     for International Development shall submit to the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate a report 
     on the implementation of this subsection.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Administrator of the United States 
     Agency for International Development to carry out this 
     subsection $2,500,000 for each of the fiscal years 2006 and 
     2007.

     SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS 
                   OFFENSES.

       (a) Extraterritorial Jurisdiction Over Certain Trafficking 
     in Persons Offenses.--
       (1) In general.--Part II of title 18, United States Code, 
     is amended by inserting after chapter 212 the following new 
     chapter:

``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING 
                          IN PERSONS OFFENSES

``Sec.
``3271. Trafficking in persons offenses committed by persons employed 
              by or accompanying the Federal Government outside the 
              United States.
``3272. Definitions.

     ``Sec. 3271. Trafficking in persons offenses committed by 
       persons employed by or accompanying the Federal Government 
       outside the United States

       ``(a) Whoever, while employed by or accompanying the 
     Federal Government outside the United States, engages in 
     conduct outside the United States that would constitute an 
     offense under chapter 77 or 117 of this title if the conduct 
     had been engaged in within the United States or within the 
     special maritime and territorial jurisdiction of the United 
     States shall be punished as provided for that offense.
       ``(b) No prosecution may be commenced against a person 
     under this section if a foreign government, in accordance 
     with jurisdiction recognized by the United States, has 
     prosecuted or is prosecuting such person for the conduct 
     constituting such offense, except upon the approval of the 
     Attorney General or the Deputy Attorney General (or a person 
     acting in either such capacity), which function of approval 
     may not be delegated.

     ``Sec. 3272. Definitions

       ``As used in this chapter:
       ``(1) The term `employed by the Federal Government outside 
     the United States' means--
       ``(A) employed as a civilian employee of the Federal 
     Government, as a Federal contractor (including a 
     subcontractor at any tier), or as an employee of a Federal 
     contractor (including a subcontractor at any tier);
       ``(B) present or residing outside the United States in 
     connection with such employment; and
       ``(C) not a national of or ordinarily resident in the host 
     nation.
       ``(2) The term `accompanying the Federal Government outside 
     the United States' means--
       ``(A) a dependant of--
       ``(i) a civilian employee of the Federal Government; or
       ``(ii) a Federal contractor (including a subcontractor at 
     any tier) or an employee of a Federal contractor (including a 
     subcontractor at any tier);
       ``(B) residing with such civilian employee, contractor, or 
     contractor employee outside the United States; and
       ``(C) not a national of or ordinarily resident in the host 
     nation.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of such part is amended by inserting after the item 
     relating to chapter 212 the following new item:

``212A. Extraterritorial jurisdiction over certain trafficking in 
    persons offenses............................................3271''.

       (b) Laundering of Monetary Instruments.--Section 
     1956(c)(7)(B) of title 18, United States Code, is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by adding ``or'' at the end; and
       (3) by adding at the end the following new clause:
       ``(vii) trafficking in persons, selling or buying of 
     children, sexual exploitation of children, or transporting, 
     recruiting or harboring a person, including a child, for 
     commercial sex acts;''.
       (c) Definition of Racketeering Activity.--Section 
     1961(1)(B) of title 18, United States Code, is amended by 
     striking ``1581-1591'' and inserting ``1581-1592''.
       (d) Civil and Criminal Forfeitures.--
       (1) In general.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2428. Forfeitures

       ``(a) In General.--The court, in imposing sentence on any 
     person convicted of a violation of this chapter, shall order, 
     in addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person shall forfeit to 
     the United States--
       ``(1) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(2) any property, real or personal, constituting or 
     derived from any proceeds that such person obtained, directly 
     or indirectly, as a result of such violation.
       ``(b) Property Subject to Forfeiture.--
       ``(1) In general.--The following shall be subject to 
     forfeiture to the United States and no property right shall 
     exist in them:
       ``(A) Any property, real or personal, used or intended to 
     be used to commit or to facilitate the commission of any 
     violation of this chapter.
       ``(B) Any property, real or personal, that constitutes or 
     is derived from proceeds traceable to any violation of this 
     chapter.
       ``(2) Applicability of chapter 46.--The provisions of 
     chapter 46 of this title relating to civil forfeitures shall 
     apply to any seizure or civil forfeiture under this 
     subsection.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2428. Forfeitures.''.

     SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT 
                   TRAFFICKING IN PERSONS.

       (a) Appointment to Interagency Task Force to Monitor and 
     Combat Trafficking.--Section 105(b) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7103(b)) is 
     amended--
       (1) by striking ``the Director of Central Intelligence'' 
     and inserting ``the Director of National Intelligence''; and
       (2) by inserting ``, the Secretary of Defense, the 
     Secretary of Homeland Security'' after ``the Director of 
     National Intelligence'' (as added by paragraph (1)).
       (b) Minimum Standards for the Elimination of Trafficking.--
       (1) Amendments.--Section 108(b) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7106(b)) is amended--
       (A) in paragraph (3), by adding at the end before the 
     period the following: ``, measures to reduce the demand for 
     commercial sex acts and for participation in international 
     sex tourism by nationals of the country, measures to ensure 
     that its nationals who are deployed abroad as part of a 
     peacekeeping or other similar mission do not engage in or 
     facilitate severe forms of trafficking in persons or exploit 
     victims of such trafficking, and measures to prevent the use 
     of forced labor or child labor in violation of international 
     standards''; and
       (B) in the first sentence of paragraph (7), by striking 
     ``persons,'' and inserting ``persons, including nationals of 
     the country who are deployed abroad as part of a peacekeeping 
     or other similar mission who engage in or facilitate severe 
     forms of trafficking in persons or exploit victims of such 
     trafficking,''.
       (2) Effective date.--The amendments made by subparagraphs 
     (A) and (B) of paragraph (1) take effect beginning two years 
     after the date of the enactment of this Act.
       (c) Research.--
       (1) Amendments.--Section 112A of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7109a) is amended--
       (A) in the first sentence of the matter preceding paragraph 
     (1)--
       (i) by striking ``The President'' and inserting ``(a) In 
     General.--The President''; and
       (ii) by striking ``the Director of Central Intelligence'' 
     and inserting ``the Director of National Intelligence'';
       (B) in paragraph (3), by adding at the end before the 
     period the following: ``, particularly HIV/AIDS'';
       (C) by adding at the end the following new paragraphs:
       ``(4) Subject to subsection (b), the interrelationship 
     between trafficking in persons and terrorism, including the 
     use of profits from trafficking in persons to finance 
     terrorism.
       ``(5) An effective mechanism for quantifying the number of 
     victims of trafficking on a national, regional, and 
     international basis.
       ``(6) The abduction and enslavement of children for use as 
     soldiers, including steps taken to eliminate the abduction 
     and enslavement of children for use as soldiers and 
     recommendations for such further steps as may be necessary to 
     rapidly end the abduction and enslavement of children for use 
     as soldiers.''; and
       (D) by further adding at the end the following new 
     subsections:
       ``(b) Role of Human Smuggling and Trafficking Center.--The 
     research initiatives described in subsection (a)(4) shall be 
     carried out by the Human Smuggling and Trafficking Center 
     (established pursuant to section 7202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (Public Law 108-
     458)).
       ``(c) Definitions.--In this section:
       ``(1) AIDS.--The term `AIDS' means the acquired immune 
     deficiency syndrome.

[[Page 28339]]

       ``(2) HIV.--The term `HIV' means the human immunodeficiency 
     virus, the pathogen that causes AIDS.
       ``(3) HIV/AIDS.--The term `HIV/AIDS' means, with respect to 
     an individual, an individual who is infected with HIV or 
     living with AIDS.''.
       (2) Report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Human Smuggling and 
     Trafficking Center (established pursuant to section 7202 of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458)) shall submit to the appropriate 
     congressional committees a report on the results of the 
     research initiatives carried out pursuant to section 112A(4) 
     of the Trafficking Victims Protection Act of 2000 (as added 
     by paragraph (1)(C) of this subsection).
       (B) Definition.--In this paragraph, the term ``appropriate 
     congressional committees'' means--
       (i) the Committee on International Relations and the 
     Committee on the Judiciary of the House of Representatives; 
     and
       (ii) the Committee on Foreign Relations and the Committee 
     on the Judiciary of the Senate.
       (d) Foreign Service Officer Training.--Section 708(a) of 
     the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     the Director of the Office to Monitor and Combat 
     Trafficking,'' after ``the International Religious Freedom 
     Act of 1998'';
       (2) in paragraph (1), by striking ``and'' at the end;
       (3) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(3) instruction on international documents and United 
     States policy on trafficking in persons, including provisions 
     of the Trafficking Victims Protection Act of 2000 (division A 
     of Public Law 106-386; 22 U.S.C. 7101 et seq.) which may 
     affect the United States bilateral relationships.''.
       (e) Prevention of Trafficking by Peacekeepers.--
       (1) Inclusion in trafficking in persons report.--Section 
     110(b)(1) of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7107(b)(1)) is amended--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) information on the measures taken by the United 
     Nations, the Organization for Security and Cooperation in 
     Europe, the North Atlantic Treaty Organization and, as 
     appropriate, other multilateral organizations in which the 
     United States participates, to prevent the involvement of the 
     organization's employees, contractor personnel, and 
     peacekeeping forces in trafficking in persons or the 
     exploitation of victims of trafficking.''.
       (2) Report by secretary of state.--At least 15 days prior 
     to voting for a new or reauthorized peacekeeping mission 
     under the auspices of the United Nations, the North Atlantic 
     Treaty Organization, or any other multilateral organization 
     in which the United States participates (or in an emergency, 
     as far in advance as is practicable), the Secretary of State 
     shall submit to the Committee on International Relations of 
     the House of Representatives, the Committee on Foreign 
     Relations of the Senate, and any other appropriate 
     congressional committee a report that contains--
       (A) a description of measures taken by the organization to 
     prevent the organization's employees, contractor personnel, 
     and peacekeeping forces serving in the peacekeeping mission 
     from trafficking in persons, exploiting victims of 
     trafficking, or committing acts of sexual exploitation or 
     abuse, and the measures in place to hold accountable any such 
     individuals who engage in any such acts while participating 
     in the peacekeeping mission; and
       (B) an analysis of the effectiveness of each of the 
     measures referred to in subparagraph (A).

     SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED 
                   LABOR AND CHILD LABOR.

       (a) Activities of the Department of State.--
       (1) Finding.--Congress finds that in the report submitted 
     to Congress by the Secretary of State in June 2005 pursuant 
     to section 110(b) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7107(b)), the list of countries whose 
     governments do not comply with the minimum standards for the 
     elimination of trafficking and are not making significant 
     efforts to bring themselves into compliance was composed of a 
     large number of countries in which the trafficking involved 
     forced labor, including the trafficking of women into 
     domestic servitude.
       (2) Sense of congress.--It is the sense of Congress that 
     the Director of the Office to Monitor and Combat Trafficking 
     of the Department of State should intensify the focus of the 
     Office on forced labor in the countries described in 
     paragraph (1) and other countries in which forced labor 
     continues to be a serious human rights concern.
       (b) Activities of the Department of Labor.--
       (1) In general.--The Secretary of Labor, acting through the 
     head of the Bureau of International Labor Affairs of the 
     Department of Labor, shall carry out additional activities to 
     monitor and combat forced labor and child labor in foreign 
     countries as described in paragraph (2).
       (2) Additional activities described.--The additional 
     activities referred to in paragraph (1) are--
       (A) to monitor the use of forced labor and child labor in 
     violation of international standards;
       (B) to provide information regarding trafficking in persons 
     for the purpose of forced labor to the Office to Monitor and 
     Combat Trafficking of the Department of State for inclusion 
     in trafficking in persons report required by section 110(b) 
     of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7107(b));
       (C) to develop and make available to the public a list of 
     goods from countries that the Bureau of International Labor 
     Affairs has reason to believe are produced by forced labor or 
     child labor in violation of international standards;
       (D) to work with persons who are involved in the production 
     of goods on the list described in subparagraph (C) to create 
     a standard set of practices that will reduce the likelihood 
     that such persons will produce goods using the labor 
     described in such subparagraph; and
       (E) to consult with other departments and agencies of the 
     United States Government to reduce forced and child labor 
     internationally and ensure that products made by forced labor 
     and child labor in violation of international standards are 
     not imported into the United States.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

     SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

       (a) Program to Reduce Trafficking in Persons and Demand for 
     Commercial Sex Acts in the United States.--
       (1) Comprehensive research and statistical review and 
     analysis of incidents of trafficking in persons and 
     commercial sex acts.--
       (A) In general.--The Attorney General shall use available 
     data from State and local authorities as well as research 
     data to carry out a biennial comprehensive research and 
     statistical review and analysis of severe forms of 
     trafficking in persons, and a biennial comprehensive research 
     and statistical review and analysis of sex trafficking and 
     unlawful commercial sex acts in the United States, and shall 
     submit to Congress separate biennial reports on the findings.
       (B) Contents.--The research and statistical review and 
     analysis under this paragraph shall consist of two separate 
     studies, utilizing the same statistical data where 
     appropriate, as follows:
       (i) The first study shall address severe forms of 
     trafficking in persons in the United States and shall 
     include, but need not be limited to--

       (I) the estimated number and demographic characteristics of 
     persons engaged in acts of severe forms of trafficking in 
     persons; and
       (II) the number of investigations, arrests, prosecutions, 
     and incarcerations of persons engaged in acts of severe forms 
     of trafficking in persons by States and their political 
     subdivisions.

       (ii) The second study shall address sex trafficking and 
     unlawful commercial sex acts in the United States and shall 
     include, but need not be limited to--

       (I) the estimated number and demographic characteristics of 
     persons engaged in sex trafficking and commercial sex acts, 
     including purchasers of commercial sex acts;
       (II) the estimated value in dollars of the commercial sex 
     economy, including the estimated average annual personal 
     income derived from acts of sex trafficking;
       (III) the number of investigations, arrests, prosecutions, 
     and incarcerations of persons engaged in sex trafficking and 
     unlawful commercial sex acts, including purchasers of 
     commercial sex acts, by States and their political 
     subdivisions; and
       (IV) a description of the differences in the enforcement of 
     laws relating to unlawful commercial sex acts across the 
     United States.

       (2) Trafficking conference.--
       (A) In general.--The Attorney General, in consultation and 
     cooperation with the Secretary of Health and Human Services, 
     shall conduct an annual conference in each of the fiscal 
     years 2006, 2007, and 2008, and thereafter conduct a biennial 
     conference, addressing severe forms of trafficking in persons 
     and commercial sex acts that occur, in whole or in part, 
     within the territorial jurisdiction of the United States. At 
     each such conference, the Attorney General, or his designee, 
     shall--
       (i) announce and evaluate the findings contained in the 
     research and statistical reviews carried out under paragraph 
     (1);
       (ii) disseminate best methods and practices for enforcement 
     of laws prohibiting acts of severe forms of trafficking in 
     persons and other laws related to acts of trafficking in 
     persons, including, but not limited to, best methods and 
     practices for training State and local law enforcement 
     personnel on the enforcement of such laws;

[[Page 28340]]

       (iii) disseminate best methods and practices for training 
     State and local law enforcement personnel on the enforcement 
     of laws prohibiting sex trafficking and commercial sex acts, 
     including, but not limited to, best methods for investigating 
     and prosecuting exploiters and persons who solicit or 
     purchase an unlawful commercial sex act; and
       (iv) disseminate best methods and practices for training 
     State and local law enforcement personnel on collaborating 
     with social service providers and relevant nongovernmental 
     organizations and establishing trust of persons subjected to 
     commercial sex acts or severe forms of trafficking in 
     persons.
       (B) Participation.--Each annual conference conducted under 
     this paragraph shall involve the participation of persons 
     with expertise or professional responsibilities with 
     relevance to trafficking in persons, including, but not 
     limited to--
       (i) Federal government officials, including law enforcement 
     and prosecutorial officials;
       (ii) State and local government officials, including law 
     enforcement and prosecutorial officials;
       (iii) persons who have been subjected to severe forms of 
     trafficking in persons or commercial sex acts;
       (iv) medical personnel;
       (v) social service providers and relevant nongovernmental 
     organizations; and
       (vi) academic experts.
       (C) Reports.--The Attorney General and the Secretary of 
     Health and Human Services shall prepare and post on the 
     respective Internet Web sites of the Department of Justice 
     and the Department of Health and Human Services reports on 
     the findings and best practices identified and disseminated 
     at the conference described in this paragraph.
       (b) Termination of Certain Grants, Contracts, and 
     Cooperative Agreements.--Section 106(g) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7104) is amended--
       (1) by striking ``Cooperative Agreements.--'' and all that 
     follows through ``The President shall'' and inserting 
     ``Cooperative Agreements.--The President shall'';
       (2) by striking ``described in paragraph (2)''; and
       (3) by striking paragraph (2).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $2,500,000 for each of the fiscal years 2006 and 2007 
     to carry out the activities described in subsection 
     (a)(1)(B)(i) and $2,500,000 for each of the fiscal years 2006 
     and 2007 to carry out the activities described in subsection 
     (a)(1)(B)(ii); and
       (2) $1,000,000 for each of the fiscal years 2006 through 
     2007 to carry out the activities described in subsection 
     (a)(2).

     SEC. 202. ESTABLISHMENT OF GRANT PROGRAM TO DEVELOP, EXPAND, 
                   AND STRENGTHEN ASSISTANCE PROGRAMS FOR CERTAIN 
                   PERSONS SUBJECT TO TRAFFICKING.

       (a) Grant Program.--The Secretary of Health and Human 
     Services may make grants to States, Indian tribes, units of 
     local government, and nonprofit, nongovernmental victims' 
     service organizations to establish, develop, expand, and 
     strengthen assistance programs for United States citizens or 
     aliens admitted for permanent residence who are the subject 
     of sex trafficking or severe forms of trafficking in persons 
     that occurs, in whole or in part, within the territorial 
     jurisdiction of the United States.
       (b) Selection Factor.--In selecting among applicants for 
     grants under subsection (a), the Secretary shall give 
     priority to applicants with experience in the delivery of 
     services to persons who have been subjected to sexual abuse 
     or commercial sexual exploitation and to applicants who would 
     employ survivors of sexual abuse or commercial sexual 
     exploitation as a part of their proposed project.
       (c) Limitation on Federal Share.--The Federal share of a 
     grant made under this section may not exceed 75 percent of 
     the total costs of the projects described in the application 
     submitted.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of the fiscal years 
     2006 and 2007 to carry out the activities described in this 
     section.

     SEC. 203. PROTECTION OF JUVENILE VICTIMS OF TRAFFICKING IN 
                   PERSONS.

       (a) Establishment of Pilot Program.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Health and Human Services shall establish and 
     carry out a pilot program to establish residential treatment 
     facilities in the United States for juveniles subjected to 
     trafficking.
       (b) Purposes.--The purposes of the pilot program 
     established pursuant to subsection (a) are to--
       (1) provide benefits and services to juveniles subjected to 
     trafficking, including shelter, psychological counseling, and 
     assistance in developing independent living skills;
       (2) assess the benefits of providing residential treatment 
     facilities for juveniles subjected to trafficking, as well as 
     the most efficient and cost-effective means of providing such 
     facilities; and
       (3) assess the need for and feasibility of establishing 
     additional residential treatment facilities for juveniles 
     subjected to trafficking.
       (c) Selection of Sites.--The Secretary of Health and Human 
     Services shall select three sites at which to operate the 
     pilot program established pursuant to subsection (a).
       (d) Form of Assistance.--In order to carry out the 
     responsibilities of this section, the Secretary of Health and 
     Human Services shall enter into contracts with, or make 
     grants to, organizations that--
       (1) have relevant expertise in the delivery of services to 
     juveniles who have been subjected to sexual abuse or 
     commercial sexual exploitation; or
       (2) have entered into partnerships with organizations that 
     have expertise as described in paragraph (1) for the purpose 
     of implementing the contracts or grants.
       (e) Report.--Not later than one year after the date on 
     which the first pilot program is established pursuant to 
     subsection (a), the Secretary of Health and Human Services 
     shall submit to Congress a report on the implementation of 
     this section.
       (f) Definition.--In this section, the term ``juvenile 
     subjected to trafficking'' means a United States citizen, or 
     alien admitted for permanent residence, who is the subject of 
     sex trafficking or severe forms of trafficking in persons 
     that occurs, in whole or in part, within the territorial 
     jurisdiction of the United States and who has not attained 18 
     years of age at the time the person is identified as having 
     been the subject of sex trafficking or severe forms of 
     trafficking in persons.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Health and Human 
     Services to carry out this section $5,000,000 for each of the 
     fiscal years 2006 and 2007.

     SEC. 204. ENHANCING STATE AND LOCAL EFFORTS TO COMBAT 
                   TRAFFICKING IN PERSONS.

       (a) Establishment of Grant Program for Law Enforcement.--
       (1) In general.--The Attorney General may make grants to 
     States and local law enforcement agencies to establish, 
     develop, expand, or strengthen programs--
       (A) to investigate and prosecute acts of severe forms of 
     trafficking in persons, and related offenses, which involve 
     United States citizens, or aliens admitted for permanent 
     residence, and that occur, in whole or in part, within the 
     territorial jurisdiction of the United States;
       (B) to investigate and prosecute persons who engage in the 
     purchase of commercial sex acts;
       (C) to educate persons charged with, or convicted of, 
     purchasing or attempting to purchase commercial sex acts; and
       (D) to educate and train law enforcement personnel in how 
     to establish trust of persons subjected to trafficking and 
     encourage cooperation with prosecution efforts.
       (2) Definition.--In this subsection, the term ``related 
     offenses'' includes violations of tax laws, transacting in 
     illegally derived proceeds, money laundering, racketeering, 
     and other violations of criminal laws committed in connection 
     with an act of sex trafficking or a severe form of 
     trafficking in persons.
       (b) Multi-Disciplinary Approach Required.--Grants under 
     subsection (a) may be made only for programs in which the 
     State or local law enforcement agency works collaboratively 
     with social service providers and relevant nongovernmental 
     organizations, including organizations with experience in the 
     delivery of services to persons who are the subject of 
     trafficking in persons.
       (c) Limitation on Federal Share.--The Federal share of a 
     grant made under this section may not exceed 75 percent of 
     the total costs of the projects described in the application 
     submitted.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     section $25,000,000 for each of the fiscal years 2006 and 
     2007.

     SEC. 205. REPORT TO CONGRESS.

       Section 105(d)(7) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7103(d)(7)) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following new 
     subparagraph:
       ``(G) the amount, recipient, and purpose of each grant 
     under sections 202 and 204 of the Trafficking Victims 
     Protection Act of 2005; and''.

     SEC. 206. SENIOR POLICY OPERATING GROUP.

       Each Federal department or agency involved in grant 
     activities related to combatting trafficking or providing 
     services to persons subjected to trafficking inside the 
     United States shall, as the department or agency determines 
     appropriate, apprise the Senior Policy Operating Group 
     established by section 105(f) of the Victims of Trafficking 
     and Violence Protection Act of 2000 (22 U.S.C. 7103(f)), 
     under the procedures established by the Senior Policy 
     Operating Group, of such activities of the department or 
     agency to ensure that the activities are consistent with the 
     purposes of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7101 et seq.).

[[Page 28341]]



     SEC. 207. DEFINITIONS.

       In this title:
       (1) Severe forms of trafficking in persons.--The term 
     ``severe forms of trafficking in persons'' has the meaning 
     given the term in section 103(8) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102(8)).
       (2) Sex trafficking.--The term ``sex trafficking'' has the 
     meaning given the term in section 103(9) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7102(9)).
       (3) Commercial sex act.--The term ``commercial sex act'' 
     has the meaning given the term in section 103(3) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102(3)).

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

     SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

       Section 113 of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7110) is amended--
       (1) in subsection (a)--
       (A) by striking ``and $5,000,000'' and inserting 
     ``$5,000,000'';
       (B) by adding at the end before the period the following: 
     ``, and $5,500,000 for each of the fiscal years 2006 and 
     2007''; and
       (C) by further adding at the end the following new 
     sentence: ``In addition, there are authorized to be 
     appropriated to the Office to Monitor and Combat Trafficking 
     for official reception and representation expenses $3,000 for 
     each of the fiscal years 2006 and 2007.'';
       (2) in subsection (b), by striking ``2004 and 2005'' and 
     inserting ``2004, 2005, 2006, and 2007'';
       (3) in subsection (c)(1), by striking ``2004 and 2005'' 
     each place it appears and inserting ``2004, 2005, 2006, and 
     2007'';
       (4) in subsection (d), by striking ``2004 and 2005'' each 
     place it appears and inserting ``2004, 2005, 2006, and 
     2007'';
       (5) in subsection (e)--
       (A) in paragraphs (1) and (2), by striking ``2003 through 
     2005'' and inserting ``2003 through 2007''; and
       (B) in paragraph (3), by striking ``$300,000 for fiscal 
     year 2004 and $300,000 for fiscal year 2005'' and inserting 
     ``$300,000 for each of the fiscal years 2004 through 2007'';
       (6) in subsection (f), by striking ``2004 and 2005'' and 
     inserting ``2004, 2005, 2006, and 2007''; and
       (7) by adding at the end the following new subsections:
       ``(h) Authorization of Appropriations to Director of the 
     FBI.--There are authorized to be appropriated to the Director 
     of the Federal Bureau of Investigation $15,000,000 for fiscal 
     year 2006, to remain available until expended, to investigate 
     severe forms of trafficking in persons.
       ``(i) Authorization of Appropriations to the Secretary of 
     Homeland Security.--There are authorized to be appropriated 
     to the Secretary of Homeland Security, $18,000,000 for each 
     of the fiscal years 2006 and 2007, to remain available until 
     expended, for investigations by the Bureau of Immigration and 
     Customs Enforcement of severe forms of trafficking in 
     persons.''

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, 5 years ago when Congress passed the Trafficking Victims 
Protection Act of 2000, the United States assumed a leadership role in 
combating the modern-day slavery known as human trafficking. As chief 
sponsor of the Trafficking Victims Protection Act, or TVPA, helped 
transform the way governments and the private sector around the world 
respond to human trafficking.
  Enactment of H.R. 972, the reauthorization of the act, will ensure 
that we continue to make progress and significant in-roads. Along with 
many new initiatives, H.R. 972 also reauthorizes appropriations for 
fiscal years 2006 and 2007 for antitrafficking programs of all relevant 
Federal agencies.
  It is worth noting, Mr. Speaker, that in the past 4 years twice as 
many people in the United States have been prosecuted and convicted for 
trafficking than in the prior 4-year period. I would note 
parenthetically in my own State, Christopher Christie, the U.S. 
Attorney, has gone after one group of traffickers after another, 
Russian mobsters and those who have trafficked women in from Latin 
America, and has gotten convictions while simultaneously liberating the 
women from this scourge of modern-day slavery. Worldwide, more than 
3,000 traffickers were convicted last year, a significant increase from 
the previous year. These numbers reflect an increasing number of 
countries adopting the laws necessary to combat trafficking and having 
the political will to implement those laws.
  I would also note that since 2001, more than 800 survivors of 
trafficking in the United States have been found eligible for 
assistance. More than 400 victims have received a T visa. Likewise, in 
many countries, victims--mostly women and young girls--are now 
receiving shelter, job training, and critical medical assistance.
  Just a few weeks ago, my wife and I were in Lima, Peru, and went to a 
trafficking shelter and saw young women who had been trafficked, who 
were now getting life skills, but also getting the kind of medical and 
psychological assistance to get their lives back together again.
  Without a doubt, Mr. Speaker, much has been accomplished; and yet an 
estimated 600,000 to 800,000 people are still being trafficked across 
international borders each and every year. Possibly millions more are 
trafficked internally within the borders of countries.
  Upon enactment, title I of this bill would continue to fight against 
international trafficking. H.R. 972 will put pressure on international 
organizations to implement reforms needed to tackle the unconscionable 
situation of peacekeepers or other international workers being 
complicit in trafficking and sexual exploitation.
  I would point out that on December 6, the OSCE adopted a decision 
calling on States to prevent peacekeepers from being complicit in 
trafficking or abusing in a sexual way the local population. We only 
have to remember what happened in the Congo, where little 13- and 14-
year-old girls were raped by U.N. peacekeepers, and that is as recent 
as just a few months ago. Thankfully, there is a zero tolerance policy 
now; and, hopefully, it will have real meaning in the field.
  Indeed, as confirmed in an October report by Refugees International, 
peacekeeper reform has not been implemented at some U.N. missions in 
places such as Haiti and in Liberia because of a deep-seated culture of 
tolerating sexual exploitation.
  H.R. 972 would also require the annual Trafficking in Persons report 
to include information by groups like the U.N., the OSCE and NATO to 
eliminate involvement in trafficking by any of the organizations' 
personnel. We know we can recount one instance after another where in-
country when they are in a very authoritative position these personnel, 
peacekeeping and non-peacekeeping alike, have exploited the local 
population.
  Under H.R. 972, the Secretary of State would also report to Congress 
before voting for a peacekeeping mission about the measures taken to 
prevent and, if necessary, punish trafficking or sexual exploitation by 
peacekeepers.
  To ensure that our own house is in order, the bill would create 
criminal jurisdiction over Federal employees and contractors for 
trafficking offenses committed overseas while on official business.
  The bill will also focus the State Department, USAID and DOD on 
improving trafficking prevention strategies for post-conflict 
situations and humanitarian emergencies in which indigenous populations 
face a heightened vulnerability to violence.
  The legislation also would amend the criteria used in the annual TIP 
report, or Trafficking in Persons report. The new criteria will include 
consideration of governments' efforts to reduce demand for 
prostitution, to prevent sex tourism, to ensure that peacekeeping 
troops do not exploit trafficking victims, and to prevent forced labor 
or child labor in violation of international standards.
  Unlike transnational cases of trafficking, few governments are yet 
willing to recognize internal trafficking within their own borders. 
Even in the United States, Mr. Speaker, American citizens and nationals 
who are trafficked domestically, often from one State to another, are 
still viewed through the lens of juvenile delinquency, rather than 
victims of crime, worthy of compassion and assistance.
  Title II of H.R. 972 shines a new light on our own domestic 
trafficking problem. Enactment of this bill will begin

[[Page 28342]]

to shift the paradigms so that these exploited girls and women will 
receive assistance that they so desperately need.
  I would like to thank my good friend and colleague, Deborah Pryce for 
her good work on this provision. The gentlewoman from Ohio (Ms. Pryce) 
was the author of legislation, the End Demand Act, and those provisions 
are in this legislation, mostly intact, and I want to thank her for her 
leadership in doing that. It will make a difference for many American 
girls, mostly the runaways who are then victimized by the traffickers; 
and I certainly appreciate her work on this.
  The bill's domestic provisions, Mr. Speaker, respond to a very real 
need, and I will give my colleagues one example. On December 6, there 
was an article in the Seattle Post-Intelligencer that said that Seattle 
has become a major hub on the child trafficking circuit. The article 
states: ``Despite Seattle's extensive network of services for youths, 
there is one 15-bed temporary shelter, it is the only place, other than 
a jail cell, where children trapped in prostitution can find respite, 
albeit brief. There is nothing in the city, or even in Washington 
State, dedicated to helping young people permanently free themselves 
from sex work.''
  We find that is the case all over the country, including my own State 
of New Jersey.
  Having seen this void, again, this legislation responds. It also 
provides money for a pilot program under the Department of Health and 
Human Services to help these victims of trafficking.
  The bill also, Mr. Speaker, enhances State and local efforts through 
grants to encourage the enforcement of antitrafficking and 
antiprostitution laws, re-education programs, modeled after what they 
call ``john schools'' for people arrested for soliciting prostitution, 
and training for law enforcement on how to work compassionately and 
effectively with trafficked persons. All of the funded programs will 
involve collaboration between law enforcement agencies and NGOs.
  Again, I would just like to thank my colleagues on both sides of the 
aisle for their work on this legislation: Chairman Sensenbrenner, who 
marked this legislation up and wrote some very, very good provisions; 
again, I mentioned Chairman Pryce who, again, was so effective in 
getting the domestic language into this bill; Chairman Hunter, Chairman 
Barton, Chairman Hyde, my good friend and colleague, Mr. Lantos, who is 
ever a great friend and colleague when it comes to anything dealing 
with human rights and, in particular, on human trafficking.

                              {time}  1730

  I also want to thank our Republican leadership, particularly Majority 
Leader Blunt and Mike Pence, who were original cosponsors, along with 
almost 100 Members of the House, both sides of the aisle, that have 
joined in to make this legislation possible. I also want to thank a 
number of staff members who were instrumental in getting this bill to 
the floor: Eleanor Nagy, Director of Policy for the Africa, Global 
Human Rights and International Operations Subcommittee of the committee 
I serve as chairman; Maureen Walsh, to my left, General Counsel of the 
OSCE, or Helsinki Commission; Renee Austell; Jack Scharfen; and David 
Abramowitz. Again, David and I worked with Joseph Reese, way back when 
the first bill was enacted, and he did yeomen's work on writing 
provisions and working with us. Dr. King as well for his great work. 
Katy Crooks from the Judiciary Committee. And Cassie Bevin from the 
Majority Leader's Office. There are just so many people who have 
corroborated on this, and I want to thank them for their tremendous 
work.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I rise in strong support of this resolution, 
and I yield myself such time as I may consume.
  Mr. Speaker, once again, this House is considering a measure that 
will demonstrate leadership in the fight to end the heinous act of 
trafficking in human beings, another manifestation of the dark side of 
globalization that has locked thousands of women, children and men into 
sexual and labor bondage.
  This fight has not been without its victories. Over the past 5 years, 
since our House first approved the Trafficking Victims Protection Act 
of 2000, thousands of victims of modern-day slavery have been freed; a 
number of countries have adopted new comprehensive anti-trafficking 
legislation; and countries across the globe have woken up to the 
ravages of this heinous crime.
  The international community, Mr. Speaker, continues to ratchet up the 
pressure on the traffickers, as more and more countries join the 
International Protocol Against Trafficking negotiated at the United 
Nations, with the United States ratifying this critical document 
earlier this month after bipartisan urging by our International 
Relations Committee.
  While we can be proud of what we have accomplished so far on a 
bipartisan basis, it remains the tragic truth that the problem of 
trafficking in persons continues to be a human rights violation of 
extraordinary magnitude. According to our Department of Justice, 
600,000 to 800,000 human beings are sent across national borders every 
year in a state of near or actual slavery, with 15,000 to 20,000 coming 
to our own shores. Mr. Speaker, we must continue to keep the pressure 
on our own government and all governments to address this severe human 
rights violation.
  I want to commend my distinguished colleague from New Jersey (Chris 
Smith) for his extraordinary and persistent work on this most important 
legislation. He is the hero of this bill and deserves unlimited praise. 
The bill provides for increased focus on labor trafficking; it launches 
an initiative in the critical area of child soldiers; establishes new 
programs for Federal-State partnerships in the area of trafficking here 
in our own country; and provides for robust funding of U.S. anti-
trafficking programs.
  Mr. Speaker, let me just say a word about Federal-State cooperation 
in the area of anti-trafficking legislation. Our 2000 Act has spurred 
efforts by State and local governments to take responsibility for doing 
their part to combat this scourge. For example, in California, the 
State legislature recently adopted legislation supported by 
Assemblywoman Sally Lieber and State Senator Sheila Kuehl, with key 
support from San Francisco's outstanding District Attorney Kamala 
Harris, that creates a new State felony for trafficking and provides 
extensive protections to trafficking victims that are unique in the 
United States.
  Mr. Speaker, California's leadership on this has been critical. We 
need to understand that those who are subject to trafficking are not 
criminals but are victims subject to one of the most devastating 
practices that leave them in a permanent state of shock. Some of them 
will never be able to testify against their accusers, and we should not 
expect them to do so.
  I think we must recognize that, here in the United States, this 
devastating human rights abuse can only be contained and then 
eradicated with the help of local enforcement and social service 
agencies which have the contacts in the community to identify 
trafficking victims and criminal rings. Earlier this year, using many 
local contacts in our community, San Francisco District Attorney Harris 
was able to break up a trafficking ring with roots in the Bay area, 
arresting 27 suspects and freeing over 100 innocent victims.
  We need to empower more Kamala Harrises, and for this reason, I fully 
support the provisions of our legislation that provides support to 
State authorities to bring them into the alliance to eliminate 
trafficking. It is the only way we will make real progress in combating 
this scourge.
  Mr. Speaker, I include at this point for the Record a more fulsome 
explanation of the California law.
  Mr. Speaker, I would like to commend the actions of three California 
leaders who have shown great vision, dedication and care in their 
advocacy for victims of human trafficking by passing through the State 
legislature and

[[Page 28343]]

into law the California Trafficking Victims Protection Act, also known 
as Assembly Bill 22. The sons and daughters of the great State of 
California owe a great debt of gratitude to Assemblywoman Sally Lieber, 
State Senator Sheila Kuehl, and San Francisco District Attorney Kamala 
Harris for shepherding through the passage of AB22 earlier this year.
  The bill provides an essential remedy to an ongoing human tragedy. 
Human trafficking is effectively modern-day slavery. It is the forced 
movement of innocent people against their will for the purpose of 
extracting labor from them, usually in the most degrading of duties. 
Victims of this crime against humanity are often coerced into becoming 
workers in the sex trade or in sweatshops. Also, forced domestic and 
agricultural servitude reflect areas where abuse is rampant.
  The extent of the human trafficking epidemic is shocking. The State 
Department estimates that globally well over half a million people, 
most of them women, are traded in such a manner as if they were mere 
property every year. However, the problem is not solely a concern for 
those who conduct the foreign policy of our Nation; there is a notable 
domestic component to the issue as well. A recent report by the Human 
Rights Center at my alma mater, the University of California at 
Berkeley, identified 57 different forced-labor operations in the State 
of California alone during the period between 1998 and 2003, and its 
authors estimate that at any given time there are more than 10,000 such 
victims in our country working under the threat of violence.
  This is the remarkable tragedy that the proponents of AB22 have 
sought so rightfully to address. The most basic function of the bill is 
to designate a special crime in the State penal code for the category 
of human trafficking. Whereas the Federal Government passed the Victims 
of Trafficking and Violence Protection Act in the year 2000, that bill 
only allows for courts to punish traffickers once they have crossed 
State lines.
  While the existing State law used to bind prosecutors' hands by 
forcing them to charge these disgusting crimes under various indirect 
categories such as kidnapping or false imprisonment, the California 
Trafficking Victims Protection Act creates a special State crime that 
is punishable with a minimum of 3 years in jail and directs State law 
enforcement to make human trafficking cases an organizational priority 
along with combating drug trafficking and gang activities.
  The act positions California to be a national leader on this issue. 
Although in recent months a number of other States have passed laws 
designed to close the human trafficking loophole in their penal codes 
at the urging of the Department of Justice--including Minnesota, 
Missouri, Arizona, and Texas--California has passed a far more 
comprehensive bill that surpasses Federal guidelines by providing 
victims of human trafficking with fuller protections under the law.
  The California Trafficking Victims Protection Act establishes a 
victim-caseworker privilege to coax survivors of this brutal crime to 
seek justice. The bill allows victims to bring civil cases against 
their captors, and it includes asset-forfeiture provisions to cut into 
traffickers' profits and take some of the financial incentives out of 
this black-market phenomenon. The bill also provides for a State-
appointed task force to coordinate efforts among nonprofits, law 
enforcement, and victims' groups to fight human trafficking on a 
grassroots level.
  The bill's author, State Assemblywoman Sally Lieber of Mountain View, 
CA, has been committed to fighting human trafficking ever since as a 
city official she was involved in the breakup of a $6 million 
trafficking ring that forced Chinese women to work at illicit massage 
parlors in a form of indentured servitude. Assemblywoman Lieber 
deserves special commendation for her admirable devotion to the fight 
against human trafficking, as does State Senator Sheila Kuehl, who 
helped push the bill through the State's upper legislative body. 
Senator Kuehl played an especially important role in advancing the 
provision for the antitrafficking task force, in my opinion one of the 
most commendable aspects of the new law.
  I would also like to thank San Francisco District Attorney Kamala D. 
Harris for her crucial involvement in this cause as well. Under her 
watch local law enforcement officials unearthed a human trafficking 
network with roots in the Bay Area, in the city of San Francisco alone 
arresting 27 suspects and rescuing over 100 victims, most of whom were 
women who had made their way from South Korea to America in search of 
opportunity and encountered captivity and enslavement instead.
  Ms. Harris also spearheaded a public-relations campaign to raise the 
profile of AB22, elucidating the need to revise our penal codes to 
better confront traffickers and winning the endorsement of the 
California District Attorneys Association for the bill. She properly 
characterized the issue as a matter of ``fundamental women's rights as 
well as human rights,'' issues that, as you know, are quite near and 
dear to my heart, and which I believe are fundamental American values.
  The legislation before us today holds out the hope of helping more 
States to follow California's lead, and to enhance prosecutions against 
trafficking rings. The legislation provides for a program to assist 
States with their trafficking investigations and prosecutions, 
providing critical Federal aid to assist the States efforts. We know 
that the State law enforcement authorities have the contacts in the 
community to ferret out these trafficking rings, as District Attorney 
Harris did in the Bay Area. By bringing Federal resources and expertise 
to bear, we can build on our specialized capacity to curb this scourge.
  Mr. Speaker, most victims of human trafficking--like the exploited 
South Korean women mentioned above to whom my heart goes out--come to 
America in search of a dream and instead find misery and denigration 
where hope had been before. As an immigrant to this great land myself, 
I know the promise of the American dream, and I know this hope they 
hold in their hearts.
  Mr. Speaker, I commend District Attorney Harris, Assemblywoman 
Lieber, and State Senator Kuehl for their heroic efforts to share that 
dream with those among us who truly are the most in need. Our Nation is 
better off thanks to them, and for that I extend to them the most 
heartfelt of thanks. Now let us give them the support they deserve and 
adopt H.R. 972.
  Before reserving my time, Mr. Speaker, I want to pay tribute to David 
Abramowitz of my staff who did extraordinary work on this subject, as 
well as the staff people on the other side who my colleague (Mr. Smith) 
has mentioned.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Ohio (Ms. Pryce) and recognize her 
great contribution.
  Ms. PRYCE of Ohio. Mr. Speaker, I thank Chairman Smith so much for 
his leadership on this issue which is so important to both of us. It is 
near and dear to our hearts. I want to express my gratitude and just 
say how grateful I am to have worked with him and Chairman 
Sensenbrenner on the coordination of these efforts to bring this most 
important issue to the floor.
  When I first learned about trafficking in human beings, I could not 
believe that slavery or the slave trade still existed. I remember 
asking, what do you mean women and children and young boys are being 
bought and sold? This is the 21st century; how can this be happening? 
And the answers that I got were very grim.
  I found out from John Miller, the very esteemed Ambassador at the 
State Department's Trafficking in Persons Office, that as many as 
800,000 men, women and children are trafficked across international 
borders every year, including the borders of the United States of 
America.
  The trafficking of people is a $9 billion industry. It has recently 
tied illegal arms dealing as the second fastest growing criminal 
activity in the world. The legislation before us today will increase 
our Nation's ability to bring diplomatic pressure to bear on countries 
who actively or tacitly engage in this heinous practice.
  More than that, however, this legislation reflects our Nation's 
commitment to abolishing the unlawful sexual exploitation of women and 
children and boys occurring within our own borders. A Nation that 
stands for the freedom and dignity of every human being cannot tolerate 
the degradation and exploitation of the innocent occurring on its own 
soil.
  To eradicate sex trafficking in our Nation, we must focus on 
eradicating the demand for sex trafficking, and I am pleased that this 
bipartisan legislation that I authored with my good friend and 
colleague from New York (Mrs. Maloney) has been incorporated into the 
legislation before us today.
  This is not a partisan issue, Mr. Speaker. There is no politics in 
sex trade. And when this body is constantly portrayed as bitterly 
partisan, it is a joy to provide one more example that this is not 
always the case.

[[Page 28344]]

  The End Demand for Sex Trafficking Act has received extraordinary 
support from a diverse and passionate coalition of anti-trafficking and 
human rights organizations. This measure will combat unlawful 
trafficking in this country. For the first time, we are going to 
address demand in our own country.
  The provision in the final measure which will require U.S. embassies 
around the world to report on and monitor countries' efforts to reduce 
the demand for sex trafficking will be a key motivator overseas as 
well, because the results of these investigations will be included in 
the Trafficking in Persons report released by the State Department each 
year for all the world to see and for our own government to use if 
sanctions are required.
  Mr. Speaker, as the President noted in his speech before the United 
Nations General Assembly in 2003, there is a special evil in the abuse 
and exploitation of the most innocent and vulnerable. Today, the House 
will be able to take an important step toward eradicating this special, 
special evil. I urge my colleagues to support this important 
legislation, and thank, once again, the chairman.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield such time as she may 
consume to my good friend and distinguished colleague from New York 
(Mrs. Maloney), who has been a champion on this issue from the day she 
entered the House of Representatives.
  Mrs. MALONEY. Mr. Speaker, I thank Ranking Member Lantos for yielding 
me this time, and really thank him for his consistent voice and work 
for human rights across the globe and for his particular focus on 
moving this legislation forward as well as Chairman Smith. And to my 
dear friend and colleague Deborah Pryce, with whom I worked on the End 
Demand for Sex Trafficking Act, which has been incorporated in this 
bill, I thank her for her tenacious, determined persistence in working 
towards bringing this to the floor. I thank you deeply.
  This bill seeks to reduce the demand for sex trafficking by providing 
critical funding to law enforcement to prosecute the demand side, the 
purchasers of commercial sex acts, sex traffickers and exploiters. Sex 
trafficking in people is modern-day slavery, and human trafficking is 
the slavery of the 21st century.
  I had no idea what a huge, huge problem it is: Over 600,000 to 
800,000 people are trafficked across international borders each year, 
mostly women and children, and potentially many more are trafficked 
within our own borders. This is a $10 billion worldwide industry and 
the second largest organized crime ring in history.
  On the committee on which my colleague Deborah and I serve, she 
serves as the chair and I as the ranking member, the Domestic and 
International Monetary Policy Subcommittee, we had a series of hearings 
earlier this year on tracing and trying to track the flow of funds that 
are derived from trafficking.
  For many years, I have been working with Equality Now and Attorney 
General Eliot Spitzer to end sex tourism and shut down sex tour 
companies based in New York and in my district. This legislation will 
help stop sex tour operators, like Big Apple Oriental Tours, which is 
based in my district, from advertising and taking sex tourists to 
Thailand, the Philippines and other countries to exploit impoverished 
young girls and boys. We need to protect all people who are being 
manipulated and tricked into entering a life of prostitution, no matter 
where they are from.

                              {time}  1745

  The State Department has been issuing this excellent report, 
Trafficking in Persons report, and it tracks what is happening 
internationally, and it rates what other countries are doing; but we 
cannot focus only on what other countries are doing without working 
with law enforcement to address the problems here in the United States, 
and that is what this bipartisan legislation will do. It will provide 
critical assistance to the victims of sex trafficking, and it will also 
go after the purchasers of commercial sex acts by providing law 
enforcement with grants and with improved tools to fight sex 
trafficking.
  It is important that we protect the victims of the sex trade industry 
and punish the predators and those who are doing this terrible thing.
  Many, many people were part of this passage. I would like to thank 
Lifetime TV, which has highlighted it in programs that they have put on 
TV. They have also championed Ms. Pryce's bill and my bill and started 
a letter-writing campaign in support of it. Oprah Winfrey advocated for 
those who have no voice and started the Stop Child Sex Trafficking, a 
letter-writing campaign in support of this bill.
  I want to thank everyone who has worked on it. I thank the ranking 
member, Mr. Lantos, for yielding me this time and for his extraordinary 
leadership on this and so many other areas, as well as Mr. Bobby Scott 
for all of his hard work.
  Mr. Speaker, I spend a great deal of time working on women's issues. 
The stories I have heard from American girls that have been trafficked 
have been the most heart-wrenching, the most terrible stories I have 
ever heard in my entire life. This bill will save lives. It is 
important. It is will protect young girls and boys. It will go a long 
way toward ending this terrible attack on human dignity; and I include 
for the Record a list of organizations that have come out in support of 
this bill.

       The following groups/individuals have endorsed the end 
     demand for Sex Trafficking Act: AEGIS Foundation; Basic 
     Ministries, International, of Midland, TX; Breaking Free; 
     Coalition Against Trafficking in Women; Concerned Women for 
     America; Dignity House; End Child Prostitution, Child 
     Pornography and Trafficking of Children for Sexual Purposes-
     USA, Inc.); Equality Now; Faces of Children; Hudson 
     Institute; Institute on Religion and Democracy; Institute on 
     Religion and Public Policy; Leadership Council for Human 
     Rights; National Association of Evangelicals; Polaris 
     Project; Religious Freedom Coalition; Salvation Army; Shared 
     Hope International; Southern Baptist Convention; Standing 
     Against Global Exploitation (SAGE); Survivor Services and 
     Education NetWork; Union of Orthodox Jewish Congregations of 
     America; VERONICA'S Voice; World Vision; Professor Donna 
     Hughes; Oprah Winfrey; Lifetime Television.

  Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to the 
gentleman from Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Speaker, anyone who has been exposed to this is just 
appalled. And one thing that surprises me is even as our own country 
was lackadaisical on international prostitution for many years and 
would not stand up on international conferences, and as we are 
lackadaisical about looking at the horror of pornography worldwide, we 
are then surprised that there is this huge demand for both young boys 
and young girls in sexual trafficking. We need to understand what some 
of the core issues are that are driving this.
  In the subcommittee I chair, we got involved in a case where USAID 
funded an NGO that was complicit in human trafficking. With one group 
of funds to one NGO from the State Department, they were trying to 
rescue minor girls from a brothel in India. Another NGO funded by our 
tax dollars at USAID interfered in the rescue and ultimately 
facilitated the potential retrafficking of the girls.
  We need legislation like this so we can be the leader in stopping sex 
trafficking and go directly after those agencies in the United States 
that are complicit in this. Lastly, I want to thank our former 
colleague, Linda Smith, for devoting so much of her personal time in 
rescuing these young girls.
  Human trafficking is--plain and simple--modern slavery. The victims 
of human trafficking, by and large, are women and children in extreme 
poverty. They suffer some of the worst crimes imaginable.
  This bill makes the necessary provisions for our country to continue 
as the global leader in fighting human trafficking, and to do what is 
right at every level of government in order to effectively combat the 
scourge of human trafficking.
  This bill effectively ensures that various agencies in our government 
are united in their efforts and armed with appropriate tools to combat 
trafficking in humans. I absolutely do not want to see another 
situation, like that being investigated by the Subcommittee I chair, 
where a USAID-funded NGO is

[[Page 28345]]

complicit in human trafficking. This situation involved the efforts of 
one NGO, with funds from the State Department, trying to rescue minor 
girls from a brothel in India, and another NGO, funded by USAID, 
interfering in the rescue, and ultimately facilitating the potential 
retrafficking of the girls.
  It is critical that the United States and its agencies and programs 
are united in efforts to combat human trafficking. This bill is 
essential for such efforts.
  Among the key provisions of this bill that strengthen our efforts 
against the crime of human trafficking, while also providing necessary 
help for the victims:
  First, it strengthens our efforts to combat sexual exploitation and 
trafficking crimes committed by ``peacekeepers'' in war-torn countries;
  It directs the U.S. Agency for International Development, USAID, to 
establish a pilot program to help victims of trafficking by providing 
residential treatment facilities;
  It authorizes new programs aimed at reducing demand for commercial 
sex while also strengthening law enforcement programs aimed at 
investigating and prosecuting trafficking in persons;
  Includes compassionate, essential, provisions to assist victims of 
human trafficking--those women and children who have seen the worst 
side of humanity--to put their lives back together.
  This bill strengthens existing human trafficking laws by reaching out 
to help the victims with various forms of emotional and material 
support programs, such as providing guardians ad litem for alien 
children who are suspected victims of human trafficking, and providing 
victims with access to legal counsel.
  H.R. 972 gives our law enforcement agencies the tools necessary to 
fight against this terrible crime of human trafficking, domestically 
and internationally.
  The bill also incorporates child protection and trafficking 
prevention activities into USAID, State, and DOD post-conflict, and 
post natural-disaster relief programs, increasing anti-trafficking 
efforts in situations where so many women and children are exploited.
  I commend my colleague, Mr. Chris Smith, for his leadership on this 
important issue. He has done more than anyone I know to bring attention 
to this terrible crime and its victims, and he has been the driving 
force behind efforts to combat human trafficking.
  Mr. Speaker, thank you for bringing this vital legislation to the 
Floor today. I urge my colleagues to support H.R. 972, the Trafficking 
Victims Protection Reauthorization Act.
  Mr. LANTOS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Virginia (Mr. Scott) who has been a leader on this issue in the 
Judiciary Committee.
  Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentleman from 
California for yielding me this time.
  I rise in support of this bill. The trafficking of persons as work 
slaves, sex slaves, or other exploitive and illicit purposes is a 
modern slave trade that occurs all too often around the world, 
including in the United States. Through the Trafficking Victims 
Protection Act of 2000, we have begun a concerted effort around the 
world to address this terrible business of trafficking in persons, 
internationally as well as domestically. We must continue that effort 
by reauthorizing that law by passing H.R. 972.
  At the Judiciary markup of this bill, we added a section to implement 
the essential provisions of H.R. 2012, the End Demand for Sex 
Trafficking Act of 2005, which is designed to more effectively get at 
the issue of domestic trafficking and commercial sex acts in this 
country as part of the overall effort to address domestic trafficking 
in persons.
  For over a year, I have been working with a bipartisan and 
politically diverse group of Members of the House and Senate, along 
with nongovernmental organizations, committed individuals, and others 
to get at an aspect of trafficking in persons in this country that is 
just as pernicious as the trafficking in persons anywhere in the world, 
and that is the brutal pimp system of prostitution of women and young 
girls. The horrific nature and the appalling magnitude of this scourge 
is evident by the following information:
  It is estimated that the number of women and children trapped in 
prostitution in the United States ranges between hundreds of thousands 
to well over a million; the average age of entry into prostitution in 
the United States is estimated to be about 16 years old; nearly 85 
percent of the women and girls in prostitution in the United States 
have a pimp to whom all of the proceeds of their activities go. Among 
these women and girls are some as young as 11. Most are physically 
abused or sexually assaulted; most are controlled by drugs and are 
isolated, confined, and restrained. Many have weapons used against them 
and have death threats against them and their families.
  Pimping is a lucrative criminal practice. Oakland, California, had a 
study just a few years ago where they identified 218 minors ages 11 to 
15 being prostituted by 155 pimps. They found that the average revenue 
was about $200,000 a year for each pimp.
  When we try to get cooperation of other countries to go after sex 
trafficking in their country, some point to our toleration of this 
brutal system of prostitution in this country to suggest that we have 
no moral authority to criticize them. H.R. 972 with the provisions of 
the End Demand Act strikes a crushing blow against this brutal system 
of domestic trafficking in this country; and it is done in a way that 
is most effective, by funding local law enforcement rather than 
creating new Federal crimes that will require us to divert Federal 
assets to this problem. We can fund local law enforcement where it is 
most effective.
  I would like to thank Ms. Pryce of Ohio and Mrs. Maloney of New York, 
the chief sponsors of the End Demand Act; Chairman Sensenbrenner and 
the subcommittee chairman, Mr. Coble; the ranking member, Mr. Conyers; 
Chairman Hyde and the subcommittee chairman, Mr. Smith; Mr. Lantos, the 
ranking member; and the subcommittee ranking member, Mr. Payne, and 
their staffs. My staff person, Bobby Vassar, has been working on this 
extremely hard over the course of at least a year. I thank them for 
their hard work in putting together an End Demand bill and getting its 
provisions in a bill in a form on which we can all agree. I urge my 
colleagues to support the legislation.
  Mr. LANTOS. Mr. Speaker, I yield 4 minutes to the gentleman from New 
Jersey (Mr. Menendez) with mixed feeling because he has made enormous 
contributions to this body over many years, and soon he will be leaving 
us. So while I deeply regret we will not have in the coming years his 
brilliance and insight and energy and dedication, I am pleased we will 
see him across the campus in the other body.
  Mr. MENENDEZ. Mr. Speaker, I want to thank my dear friend and 
distinguished ranking member of the committee. It has been a privilege 
to serve with him under his leadership and all of my colleagues on the 
International Relations Committee. If I miss one thing, it will be 
those Members I have had close associations with in this body, but I 
continue to see in the days ahead.
  I want to thank Congressman Smith for his leadership on this issue. I 
am proud that someone from my home State of New Jersey has dedicated 
himself to ending trafficking of people around the world. I want to 
thank all of my other colleagues collectively because of their 
leadership, countries around the world have been forced to change their 
laws and improve enforcement.
  All of us know the shocking statistics: somewhere between 600 and 800 
people per year are forced across borders to become slaves and 
prostitutes. If we include those who are trafficked within their own 
countries, the numbers are even worse, somewhere between 2 and 4 
million people. The vast majority of these are women and girls. So as 
we fight to end trafficking, we are also fighting for the rights of 
women and girls around the world.
  It is easy to forget that each of those numbers represents a person, 
a daughter, a sister, a mother, or a son who is suffering. It is easy 
to forget that each of these people is part of a family that has been 
torn apart by trafficking, and it is easy to forget that the number of 
individuals trafficked hides the even greater number of families around 
the world devastated by trafficking.
  I am proud to be a cosponsor and strong supporter of this legislation

[[Page 28346]]

which reauthorizes programs designed to attack trafficking both here at 
home and abroad. And in particular, the legislation addresses issues of 
trafficking after natural disasters in postconflict areas.
  As we learned after the devastating tsunami in the Indian Ocean, 
children are among the most vulnerable victims after any disaster and 
conflict. If there are no adults to protect them and take care of them, 
these children become particularly susceptible to disease, hunger, and 
exploitation. In the chaotic environment following a disaster, when 
normal protection mechanisms may be disrupted, unaccompanied children 
are more exposed to traffickers; and that is why I strongly support the 
new focus in this legislation on postconflict and postdisaster areas.
  But this law is not only designed to stop trafficking. It is also 
designed to take care of the victims of trafficking. I cannot imagine 
the pain that someone goes through after being taken away from their 
family, their country, and their life. I cannot imagine how it feels to 
be forced into slavery or prostitution, but I do know that we can and 
we must take action to help these victims as they once again return to 
their lives.
  The pilot programs authorized in this legislation are designed to 
provide a safe haven and rehabilitation for the victims of trafficking. 
We must ensure their success so we can eventually expand them in future 
pieces of legislation.
  Finally, I want to focus our attention on the countries of our own 
hemisphere. I am deeply concerned to see that five of the 14 tier 3 
countries designated by the State Department are from Latin America or 
the Caribbean. These are the countries that are designated as the worse 
violators. They are not even complying with the minimum standards to 
eliminate trafficking. Even worse, they are not making a significant 
effort to be able to change the course of events. So I hope that this 
legislation will have our own hemisphere focused on what they must do 
to stop the hurting and trafficking of their own people.
  Finally, I would remind my colleagues of article 5 of the Universal 
Declaration of Human Rights, which states: ``No one shall be subjected 
to torture or to cruel, inhuman or degrading treatment or punishment.'' 
This legislation takes those words and turns them into action. I urge 
all Members to support this important legislation.
  Mr. LANTOS. Mr. Speaker, I yield the balance of our time to the 
gentleman from Illinois (Mr. Davis), a champion for human rights.
  Mr. DAVIS of Illinois. Mr. Speaker, I want to first of all simply 
commend and congratulate Chairman Hyde and Mr. Lantos on their 
leadership of the International Relations Committee. I also commend the 
gentleman from New Jersey for his introduction of this outstanding 
piece of legislation.
  I speak because I have a constituent in my community, a woman named 
Oprah Winfrey, who almost every week sends me a letter talking about 
this issue and urging that Congress must do as much as it can to bring 
some help to those individuals throughout the world who are victimized; 
and so I am strongly in favor of the passage of this bill. I want to 
thank my constituent for keeping me abreast of the issue by at least 
writing me once every week or two about this issue.
  Mr. LANTOS. Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  I want to thank all of the Members who have participated in this 
debate, and more importantly, note the work that they did to bring this 
legislation to fruition.
  Let me also point out that the modest sanctions that are in the 
Trafficking Victims Protection Act have yielded significant new laws 
throughout the world. In 2004 alone, 39 countries enacted new laws or 
strengthened existing laws. We know when we put some carrots and 
sticks, the sticks being the possibility of losing nonhumanitarian 
foreign aid, security aid for example, and then when we place countries 
in a ranking system that makes determinations concerning a country's 
achievement in meeting ``minimum standards''--tier 1, tier 2, tier 3, 
and tier 3 being the egregious violators with a new watch list, we get 
their attention. Many countries have taken action and today we work in 
a partnership to try to end trafficking.
  After drugs and weapons, trafficking in human persons is the biggest 
moneymaker for organized crime. The ILO suggested in a June study 
approximately $32 billion a year goes into the coffers of those who are 
committing such nefarious crimes against innocent individuals.
  Finally, I would just say we have in this legislation a provision--a 
study--that seeks to find whether or not there is a nexus between 
terrorism and trafficking.

                              {time}  1800

  With that kind of money flowing into trafficking enterprises, these 
horrific enterprises, we tend to think that there probably is a link 
with terrorism. We do not know. We want to find out.
  Mr. CARDIN. Mr. Speaker, I rise in support and as an original 
cosponsor of H.R. 972, the Trafficking Victims Protection 
Reauthorization Act of 2005. As the Ranking Member of the Helsinki 
Commission, let me commend Chairman Chris Smith for all of his hard 
work on this issue both in the United States and around the world. I 
also want to thank International Relations Committee Ranking Member Tom 
Lantos for his strong support.
  In 2000 Congress enacted the Trafficking Victims Protection Act 
(TVRA), which for the first time provided definitive protection for 
victims of human trafficking. Governments estimate that between 600,000 
and 800,000 people are trafficked across international borders every 
year, yielding approximately $10 billion annually in illegal gains. 
When considering internal trafficking within a country, this number 
rises to an estimated 4 million persons.
  Human trafficking destroys families and communities across the world. 
Human trafficking is a modern-day form of slavery, which traps people 
into forced labor or sexual slavery. Human traffickers violate the most 
basic human rights of their victims. The international community must 
oppose human trafficking in all its forms, and work together to 
eradicate this scourge on humanity. I commend the work of the 
Organization for Security and Cooperation in Europe (OSCE) for 
addressing this issue in a comprehensive manner, by creating an Action 
Plan to combat trafficking and appointing a Special Representative on 
Combating Trafficking in Human Beings.
  The United States also has a problem with human trafficking as a 
destination country for many trafficking victims, as we heard in a 
recent Helsinki Commission hearing on domestic trafficking. The State 
Department believes that more than 14,500 people are trafficked into 
the U.S. every year, either for forced labor or sexual exploitation and 
slavery. Traffickers bring these victims--mainly women and children--
from all over the globe, including Southeast Asia and the Americas. 
Traffickers often use criminal gangs to transport their human cargo. I 
am pleased that the government has created special ``T'' visas for 
victims of human trafficking who cooperate with law enforcement 
officials.
  In 2003 Congress adopted the Trafficking Victims Protection 
Reauthorization Act, which created a new country ``watch list'' under 
the supervision of the Department of State. This list has had a 
measurable effect on the behavior of offending countries. The State 
Department places the worst offenders on Tier 3 and makes these 
countries subject to certain economic and trade sanctions by the U.S. 
The number of Tier 3 countries has dropped from 27 in 2001 to 14 in 
2005, so we have made measurable progress in raising awareness on this 
issue, but more work needs to be done.
  This legislation will require USAID and the Department of Defense to 
include anti-trafficking policies in post-conflict and humanitarian 
assistance programs. Governments must put in place special measures to 
combat trafficking in countries that do not have a functioning and 
effective central government. This bill would enhance U.S. efforts to 
combat trafficking involving international peacekeepers.
  The bill also authorizes $15 million annually for the Secretary of 
Health and Human Services to carry out a pilot program to establish 
U.S. residential treatment facilities for minors who are victims of 
domestic trafficking. The bill also expands counseling programs for 
victims of severe forms of trafficking. In total, the bill authorizes 
$68 million annually to combat human trafficking and assist victims.

[[Page 28347]]

  We must keep the pressure up on other countries that do little to 
stop human trafficking, by implementing sanctions when needed and by 
using all available diplomatic channels. United States courts need to 
prosecute those individuals who commit these crimes on U.S. soil to the 
full extent of the law, and to send a message that the United States 
does not and will not tolerate human trafficking. I urge my colleagues 
to support this bill.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Davis of Kentucky). The question is on 
the motion offered by the gentleman from New Jersey (Mr. Smith) that 
the House suspend the rules and pass the bill, H.R. 972, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




                             GENERAL LEAVE

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey.
  There was no objection.

                          ____________________




                             GENERAL LEAVE

  Mr. YOUNG of Florida. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the motion to instruct 
on H.R. 2863.
  The SPEAKER pro tempore (Mr. Camp of Michigan). Is there objection to 
the request of the gentleman from Florida?
  There was no objection.

                          ____________________




    MOTION TO GO TO CONFERENCE ON H.R. 2863, DEPARTMENT OF DEFENSE 
                        APPROPRIATIONS ACT, 2006

  Mr. YOUNG of Florida. Mr. Speaker, pursuant to clause 1 of rule XXII 
and by direction of the Committee on Appropriations, I move to take 
from the Speaker's table the bill (H.R. 2863) making appropriations for 
the Department of Defense for the fiscal year ending September 30, 
2006, and for other purposes, with a Senate amendment thereto, disagree 
to the Senate amendment, and agree to the conference asked by the 
Senate.
  The Clerk read the title of the bill.
  The motion was agreed to.


                Motion to Instruct Offered by Mr. Murtha

  Mr. MURTHA. Mr. Speaker, I offer a motion to instruct conferees.
  The Clerk read as follows:

       Mr. Murtha moves that the managers on the part of the House 
     at the conference on the disagreeing votes of the two Houses 
     on the Senate amendment to the bill H.R. 2863 be instructed 
     to agree to the provisions contained in--
       (1) section 8154 of the Senate amendment, relating to 
     uniform standards for the interrogation of persons under the 
     detention of the Department of Defense; and
       (2) section 8155 of the Senate amendment, relating to 
     prohibition on cruel, inhuman, or degrading treatment or 
     punishment of persons under custody or control of the United 
     States Government.

  The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the 
gentleman from Pennsylvania (Mr. Murtha) and the gentleman from Florida 
(Mr. Young) each will control 30 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. MURTHA. The words ``torture,'' ``cruelty'' and ``abuse'' elicit 
images of draconian and brutal dictatorship. These words are reserved 
for the worst of human rights offenders. It should never include the 
United States of America.
  The United States of America and the values we reflect abhor human 
rights violators and uphold human rights. No circumstance whatsoever 
justifies torture. No emergencies, no state of war, no level of 
political instability.
  According to Secretary Powell, in his letter to Senator McCain in 
support of the Senator's amendment, ``The troops need to hear from 
Congress, which has an obligation to speak to such matters under 
Article I, Section 8 of the Constitution.''
  We have irrefutable evidence of widespread use of unlawful 
interrogation techniques by American interrogators at Abu Ghraib and 
other locations. This has been absolutely disastrous to our credibility 
and our reputation as a Nation that was built on the sanctity of 
individual rights.
  We have a legal and moral and ethical obligation to uphold the values 
of the Geneva Convention and the United Nations Convention Against 
Torture.
  Furthermore, torture, cruelty and abuse are not effective methods of 
interrogation. Torture may not yield reliable actionable information 
and can lead to false confessions. And we have an example of that not 
long ago, prior to the war.
  Torture may not yield information quickly. Torture does not advance 
our goals. It does not help us win the hearts and minds of people it is 
used against. It did not aid the cause of the Soviets in Afghanistan 
and the French in Algeria.
  Torture has a corrupting effect on the perpetrators. It has rarely 
been confined to narrow conditions. Once used and condoned, it easily 
becomes widespread. The same practices found their way from Guantanamo 
to Afghanistan to Iraq.
  Torture is not only used against the guilty; it often leads to 
unintentional abuse of the innocent. We cannot torture and still retain 
the moral high ground.
  Torture endangers U.S. service members who might be captured by the 
enemy. Torture brings discredit upon the United States.
  There can be no waiver for the use of torture. No torture and no 
exceptions.
  Gray areas in rules, lack of direction, training and supervision from 
superiors, lack of standards and clear guidelines from leaders are 
dangerous and led to the abuse at Abu Ghraib and other locations. 
During times of war, clear guidelines governing the treatment of 
prisoners is imperative, especially when due to the lack of manpower, 
people are put in jobs with little or no experience or people are put 
in jobs that are not appropriate. The alleged ring leader at Abu Ghraib 
had a history of domestic abuse and therefore, by law, could not carry 
a firearm in the United States. Yet, he was a prison guard at Abu 
Ghraib, and he was not suited for handling prisoners.
  It is now evident that abuse of prisoners took place because of lack 
of supervision, that our troops were given ambiguous instructions 
which, in some cases, authorized treatment that went beyond what was 
allowed in the Army Field Manual.
  The definition of abusive treatment cannot be a matter of 
subjectivity and ambiguity.
  The administration confused matters further by declaring that U.S. 
personnel are not bound by the Geneva Convention when interrogating 
non-U.S. citizens on foreign soil.
  Gross inconsistencies resulted: We followed the spirit of the Geneva 
Convention in Afghanistan, the letter of the Geneva Convention in Iraq. 
We had one set of rules for the prisoners of war, another for the enemy 
combatants; one set for Guantanamo, another for Iraq; one for the 
military, one for the CIA who were at times operating under the same 
roof.
  America does have clear guidelines as set forth in the Army Field 
Manual. A number of those who were involved told me they would ask 
their superiors and lawyers, do you think this was torture? Do you 
think we violated the Geneva Convention? The answers they got differed, 
as if something this important was a matter of opinion.

[[Page 28348]]

  In the case of one of these people, Captain Fishback, I believe he 
thought some of the troops clearly violated the Geneva Convention but 
that the administration and Congress knew, ``as if there was a special 
hand shake.'' In other words, when he came to see me, he thought we had 
something to do with this. He said they were not clear, and they 
thought that we were just winking at the regulations. And this is 
dangerous. We cannot tolerate a practice of saying one thing and doing 
another.
  Using the argument terrorists do much worse, that al Qaeda does much 
worse is a horrifying rationale. As Captain Fishback argues, ``since 
when did al Qaeda become any type of standard by which we measure the 
morality of the United States?'' And that is a quote from Captain 
Fishback.
  Captain Fishback wrote to Senator McCain, ``If we abandon our ideals 
in the face of adversity and aggression, then those ideals were never 
really in our possession. I would rather die fighting than give up even 
the smallest part of that idea that is America.'' And Captain Fishback 
was in Afghanistan for 18 months and in Iraq.
  We cannot protect freedom abroad or at home while degrading our 
society and its political and legal systems. We cannot do it while 
trampling all over the values which have made this country strong, 
which define us all as Americans. These values do not belong to any 
party. They are not Democrat or Republican. They are American values.
  We cannot allow our Nation's moral and ethical standards to drift 
away from the Constitution. Congress is obligated to speak out. 
Congress cannot give its power to the Executive Branch. Congress is the 
people's branch.
  Thomas Jefferson said in 1814, ``How necessary was the care of the 
Creator in making the moral principle so much a part of our 
constitution so that no errors of reasoning or speculation might lead 
us astray from its observance in practice.''
  He also said, ``Moral duties [are] as obligatory on nations as on 
individuals.''
  And I have to say this. War is about killing. For those sent to fight 
an enemy, that killing will stay with them for the rest of their lives. 
It is in the faces of friends lost, in the shadows the soldiers feel on 
their souls for having killed. This is the nature of war.
  But when torture becomes a part of war, when torture is condoned, if 
we allow torture in any form, we abandon our honor and the last shred 
of humanity. Visions of abuse and torture chill our conscience and sear 
our souls. Torture scars not only its subject; it scars those who 
perpetrate it and those who are witnesses to it.
  Most military leaders know that allowing torture subjects our 
servicemembers to similar acts if captured. We in Congress must never 
forget this because we are charged with sending our sons and daughters 
into battle. This responsibility is doubly heavy today when America is 
living in a time of great uncertainty and two wars.
  In the case of Iraq, we are unsure of the war's rationale and where 
it will lead us. In the war against terror, we are still struggling to 
fathom our enemy and are troubled by his tactics.
  It is all that more important now that we remember that America 
stands for the honor of those we have sent to fight this war.
  This amendment would restore our credibility, honors our war fighters 
and affirms the value of this great country, the values that belong to 
the United States of America.
  Mr. YOUNG of Florida. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, I think that it is important that we make it very clear 
that we are opposed to the use of torture, period. As a matter of fact, 
the basic law of the land already says that we are opposed to torture. 
And so I have no problem with the gentleman's motion as it relates to 
that issue.
  But I must tell you that, Mr. Speaker, I am really offended by a 
provision in this amendment that we are talking about that guarantees 
to terrorists, and understand who those terrorists are, that guarantees 
to terrorists the same rights under the Constitution of the United 
States that our law-abiding constituents enjoy. That offends me. And I 
just do not think that we ought to be giving a terrorist the same 
protection of our Constitution that you and I have. Not just part of 
our Constitution, not just one or two amendments or two articles or 
sections, the entire Constitution would apply to those terrorists. So 
that does offend me. But I understand that the President's office is in 
serious negotiations with Senator McCain, and we hope that a reasonable 
agreement on this issue will be reached so that we can get on with this 
important Defense Appropriations bill that we in the House passed 6 
months ago.
  Mrs. TAUSCHER. Mr. Speaker, I am proud to rise in strong support of 
my friend and colleague Representative Jack Murtha's motion to instruct 
conferees on the defense appropriations bill.
  Mr. Murtha's effort would retain vital language prohibiting torture 
of prisoners in U.S. custody wherever they may be held.
  Mr. Murtha's motion would ensure that the final version of the 
defense bill contains vital language offered by Senator John McCain and 
by Congresswoman Jane Harman and myself here in the House.
  The McCain amendment would prohibit the Defense Department from using 
any interrogation practices other than those listed in the Army Field 
Manual on Intelligence and Interrogation, and would reinforce the long-
standing ban on the Federal Government engaging in cruel, inhuman, and 
degrading treatment throughout the world.
  Such clarity in treatment of detainees is vitally needed as 
continuing revelations of abuse of prisoners in our custody damages the 
reputation of our Armed Forces abroad, undermines the trust of our 
allies, and threatens the lives of U. S. service men and women who 
might be captured by the enemy.
  In addition to providing guidance to our troops, this language, by 
forbidding abuse wherever it may occur, gets at the heart of the issue 
of ghost detainees, prisoners kept and interrogated by the CIA in 
countries that have not signed on to the Geneva Conventions.
  Major General Taguba called the CIA's practice of holding ghost 
detainees ``deceptive, contrary to Army doctrine and in violation of 
Army law.''
  The recent effort led by Vice-President Cheney to eliminate language 
in the bill to constrain interrogations wherever they may occur is 
misguided and will endanger our troops.
  I agree that our post-9/11 world will never be what it was 
previously, but that's no justification for turning our back on 
international commitments and undercutting our international 
credibility.
  If our goal is, as I believe it should be, obtaining the best 
possible actionable intelligence from suspects, then torture is not the 
best tool in our arsenal.
  Torture is immoral, illegal, and rarely yields necessarily credible 
intelligence.
  We're all too familiar with the misleading testimony of a high level 
Al Qaeda member, who was rendered to Egypt, where he stated under 
duress that Saddam Hussein had offered to train Al Qaeda operatives in 
the use of ``chemical or biological weapons.''
  Following his transfer to Guantanamo, this witness recanted and the 
9/11 Commission confirmed that there was no working relationship 
between Saddam and Al Qaeda.
  When we abuse prisoners and flout the Geneva Conventions, we are no 
better than some of the repressive regimes around the world whom we are 
trying to change.
  While administration officials at the highest levels including 
Justice Department officials and Secretary Rumsfeld have argued for 
great flexibility in handling of prisoners, more junior enlisted men 
and women have been a true example to our Nation.
  From Army Spc. Joseph M. Darby, who first reported that abuse was 
occurring at Abu Ghraib, to Army Captain Ian Fishback, who 
unsuccessfully called for clearer guidelines on interrogation, our men 
and women in uniform have been a moral compass to others who have lost 
their way at all levels of government and who have betrayed our 
nation's values.
  We owe it to the rank and file who fight our Nation's wars and who 
defend our flag around the world to adopt the McCain/Harman language 
and to support Mr. Murtha's motion.
  I call on all my colleagues to support this important motion.
  Mr. HOYER. Mr. Speaker, I urge my colleagues, on both sides of the 
aisle: Support this critically important motion to instruct.
  It is identical to the amendment offered by Senator McCain--and 
passed 90-9 and by voice vote in the Senate--on the defense 
appropriations and defense authorization bills.

[[Page 28349]]

  This motion would do two things. First, it would establish the Army 
field manual as the uniform standard for the interrogation of 
department of defense detainees.
  There is still much confusion about which interrogation techniques 
are permissible--and this confusion has been fomented by a White House 
that believed the Geneva Conventions were outmoded and inapplicable.
  Secondly, this motion would prohibit ``cruel, inhumane and degrading 
treatment'' of detainees. Thus, it is consistent with the Universal 
Declaration of Human Rights, the International Covenant on Civil and 
Political Rights, and the Convention Against Torture.
  Sadly, this prohibition on torture is necessitated by the 
administration's own actions: its endorsement of interrogation tactics 
that border on torture, anything short of ``organ failure'', and a 
large number of documented cases of abuse, torture and homicide in Iraq 
and Afghanistan.
  While the President stated in November that ``We do not torture,'' 
his own Vice President has worked against this motion and sought legal 
language that would allegedly allow the CIA to utilize torture tactics 
against foreign prisoners it is holding overseas.
  As Senator McCain, himself a victim of torture at the hands of North 
Vietnamese, recently stated: The administration's position ``means that 
America is the only country in the world that asserts a legal right to 
engage in cruel and inhumane treatment.''
  The administration's position on this matter is simply not 
defensible.
  It undermines our credibility in the world. It harms our efforts in 
the war on terror. It makes more likely the exposure of our own troops 
to torture. And, it completely betrays our cherished American values.
  This is not a question of whether we must combat--and defeat--
terrorists.
  We must.
  This is an issue of who we are as a people.
  And we must never let it be said that when this generation of 
Americans was forced to confront evil that we succumbed to the tactics 
of the tyrant; that we stooped to the depths of the dictator.
  Mr. Speaker, this Congress has the responsibility under article I, 
section 8 of our Constitution to make ``rules concerning captures on 
land and water.'' That is a responsibility that we must embrace today, 
and not delegate to a zealous executive branch.
  I urge my colleagues to support this motion.
  Ms. PELOSI. Mr. Speaker, today at long last, because of Congressman 
John Murtha's leadership and persistence, the House finally has the 
chance to go on record in favor of clear procedures for dealing with 
prisoners and against torture.
  In September, 29 retired military officers including General Joseph 
Hoar, General John Shalikashvili, and our former colleague Ambassador 
Pete Peterson, sent a letter to Senator McCain in support of the 
amendment that is the subject of Mr. Murtha's motion to instruct.
  The officers state the case against mistreatment of prisoners 
succinctly: ``The abuse of prisoners hurts America's cause in the war 
on terror, endangers U.S. service members who might be captured by the 
enemy, and is anathema to the values Americans have held dear for 
generations.''
  The Senate responded by adopting the McCain amendment by a vote of 90 
to 9. I hope the House will vote in equally strong numbers.
  Our troops were sent to war in Iraq without many of the essentials 
needed for their effectiveness and their safety, including a standard 
of conduct for the treatment of detainees.
  We have seen, to our great shame and regret, the consequences of this 
lack of clarity. At Abu Ghraib and elsewhere in Iraq, at Guantanamo, 
and in Afghanistan, allegations and evidence of detainee abuse have 
damaged the standing of the United States in the world.
  Congress should have made it a priority to get to the bottom of the 
prisoner abuse scandals so that those responsible, regardless of their 
place in the chain of command, were held accountable and corrective 
actions taken. That has not been done.
  We must heed the requests for assistance from our soldiers in the 
field who, in the absence of clear limits on permissible treatment are 
left in an impossible position, are forced to assume all of the risks 
and shoulder all of the blame.
  The United States has long been bound by international agreements 
prohibiting torture. That we even find it necessary to make the 
prohibition against torture more explicit is the result of the Bush 
administration's legal interpretation that these long-standing 
prohibitions apply only to persons on U.S. soil.
  Torture should not be employed as an interrogation technique by the 
United States for two simple reasons: it doesn't work and it is wrong. 
We can not rely on information obtained through torture, and even if we 
could, the cost is too high.
  The values that define our country--the values that our men and women 
in uniform are called upon to defend sometimes at the cost of their 
lives--are antithetical to the use of torture. The American people are 
much better than that. Our struggle with the forces of international 
terrorism is as much a battle of ideas as a battle of arms. We weaken 
ourselves when we compromise our ideals. Standing against torture helps 
define the differences between the United States and those who offer no 
message other than hatred and violence.
  Adopting this motion to instruct is in the best traditions, and the 
best interests, of our country. I urge my colleagues to approve it 
overwhelmingly.
  Mr. MARKEY. Mr. Speaker, I rise in support of the motion offered by 
the gentleman from Pennsylvania (Mr. Murtha).
  Last month, 64 Members of this body joined with me in signing a 
letter urging the Appropriations Committee to say ``no'' to torture and 
``yes'' to the McCain and Markey amendments as part of the Defense 
Appropriations Conference.
  The McCain amendment, which is the subject of this motion, will 
prevent the use of inhuman interrogation practices.
  The Markey amendment will prevent the use of funds in contravention 
of the UN Convention Against Torture.
  We need to send a signal to the administration and the rest of the 
world that we will not dodge our treaty obligations to our 
international allies under the U.N. Convention Against Torture.
  We do not support the use of torture as an interrogation method. 
Torture is morally wrong. Always. And without exception.
  Not only is torture wrong, confessions obtained from torture are 
useless. A prisoner will say anything to stop their own suffering.
  If we do not approve both the McCain and Markey amendments, we will 
set a precedent that torture is okay for all and open up our own troops 
to face torture at the hands of our enemies. Our troops already face 
enough risks. Shouldn't we protect them any way we can?
  Furthermore, if we reduce ourselves to use the methods that we 
condemn terrorists for using, we lose our moral high ground. We have 
always been a beacon to the rest of the world on human rights and the 
rule of law. Should we change hundreds of years of history for this 
administration?
  Reports of ``black sites'' where detainees in US custody are rendered 
without a trace come on top of reports of prisoner abuse and even death 
from the use of torture in U.S.-run prisons such as Abu Ghraib.
  We criticize countries like Syria and Uzbekistan even as our CIA 
secretly sends detainees to be interrogated by the secret police of 
these very same human rights violators.
  It seems obvious, that as a civilized nation, we should not fund 
torture, use torture as an interrogation tool, or ask other countries 
to torture for us, yet, for reasons beyond my imagination, we are still 
discussing this arcane, abhorrent practice today.
  The adoption of the McCain and Markey amendments is an important step 
towards both restoring our nation's reputation for respecting human 
rights and preventing shameful abuses similar to those that occurred in 
Abu Ghraib.
  We can not tolerate torture by any U.S. official. It is blood on all 
of our hands, on our countries good name. I support the McCain and 
Markey amendments and urge the conferees to do so as well.
  Mr. DICKS. Mr. Speaker, I rise today in strong support of the 
language to instruct conferees offered by my esteemed colleague from 
Pennsylvania, the ranking member of the Appropriations Subcommittee on 
Defense, Mr. Murtha.
  Mr. Speaker, my support for this language hinges on three fundamental 
points: torture is not effective; torture does not further the security 
interests of the United States; and our use of torture adds to the risk 
that United States military and civilian personnel could be subjected 
to torture themselves.
  Mr. Speaker, I served on the House Permanent Select Committee on 
Intelligence for eight years; four of those years as the ranking 
member. I appreciate the value of good, reliable intelligence. In fact, 
I expect that we all have a greater appreciation for good intelligence 
in light of what we have learned about the situation in Iraq since we 
toppled the government of Saddam Hussein. It was just this morning in 
an address at the Woodrow Wilson Institute that President Bush, in 
describing the decision to go into Iraq said that ``it is true that 
much of the intelligence turned out to be wrong.''

[[Page 28350]]

  Mr. Speaker, I am not saying that torture was the root cause of our 
incorrect intelligence assessments in early 2003. My point is that our 
nation needs the best intelligence that we can get. The intelligence 
community and our military recognize that torture and abuse are not 
effective methods of interrogation. We must not allow cruel, inhuman 
and degrading treatment to be used if for no other reason than that 
they yield poor results.
  Mr. Speaker, my second point is that the use of torture does not 
advance the security interests of the United States. We are in a global 
war on terror. This is a war that is going to be waged on many fronts 
around the world. As much as it is a military conflict, the global war 
on terror is a battle for the hearts and minds of people around the 
world. If our nation is to remain the recognized leader in the cause of 
freedom, democracy and the rule of law, we must live and abide by the 
principles and laws to which we have committed ourselves. If we do not 
send a strong message to the world that we will not engage in torture, 
we undermine our very security by giving terrorists ammunition to use 
in furthering their aims.
  Finally, Mr. Speaker, if we do not renounce the use of torture, we 
put our own soldiers and citizens at risk of being subjected to these 
very measures. We cannot allow any perception that we support torture, 
if we are to call for the world community to resist its use against our 
own people.
  Mr. Speaker, I urge the members of the House to support the language 
that makes it clear to the world that the United States will not use 
torture.
  Mr. MORAN of Virginia. Mr. Speaker, I rise today in strong support 
for instructing conferees on the FY2006 Defense Appropriations bill to 
include the amendment by our colleague in the Senate, John McCain. This 
provision would simply provide for uniform standards for the 
interrogation of persons under the detention of the Defense Department 
and a prohibition on cruel, inhumane, or degrading treatment or 
punishment of persons under custody or control of the U.S. Government.
  Senator McCain knows the ravages of war and devastating effects of 
inhumane treatment at the hands of an enemy. He and other American 
soldiers during the Vietnam War were subjected to terrible treatment 
that no human being ought to endure. In recent floor remarks, Senator 
McCain explained that during his time in captivity he and his fellow 
American soldiers drew strength from knowing that the institution to 
which they belonged, the U.S. military, and the country they served 
stood for the highest of principles and ideals. They believed that the 
U.S. would never treat prisoners of war the way that they were being 
treated.
  No one would disagree that ``torture, cruel, inhumane, and degrading 
treatment'' is unjust, but there is clear evidence that it is also 
ineffective. When put under extreme levels of pain or duress during 
interrogation, a detainee is more likely to say anything to stop the 
pain, regardless of its accuracy. Moreover, our own cruel treatment of 
others legitimizes the torture of American citizens. Look no further 
than the desecrated bodies of American citizens and soldiers killed in 
Iraq for tragic evidence of this reaction. Furthermore, torture and 
inhumane treatment aids in the recruitment of terrorists and fuels 
further terrorist activity.
  As members of Congress, we have the Constitutional obligation, under 
Article I, Section 8, to speak out on this issue and others related to 
treatment of foreign detainees in war. We also have a moral obligation 
to oppose cruel and degrading treatment of human beings, and a 
patriotic obligation to stand up for the honor of this country.
  In the wake of the scrutiny and embarrassment that our nation has 
endured following the treatment of detainees at Abu Ghraib and 
Guantanamo Bay, it is imperative that we proclaim to the rest of the 
world that this policy reflects the law of the land and the conscience 
of our country. Providing our soldiers with clear, written guidance on 
how to treat detainees not only protects their interests but 
underscores the freedoms and values we cherish as Americans and that we 
claim to be the reason we have gone to war in Iraq, Afghanistan and 
other parts of the world.
  Today, as a Congress we must respect and honor our nation, those that 
risk their lives to serve it, and the high standards and ideals on 
which it is based. Supporting the McCain amendment is not an issue of 
political difference; it is an issue of national identity.
  The McCain amendment is needed to close a loophole in current policy 
that does not explicitly describe standards for foreigners held under 
U.S. custody abroad. This amendment reiterates and clarifies our 
existing policy that prohibits the use of torture, cruel, inhuman, and 
degrading treatment by U.S. soldiers and agents who are detaining and 
interrogating prisoners in the global war on terror, requiring that 
they use the techniques sanctioned in the Army Field Manual on 
Intelligence and Interrogation.
  I urge my colleagues to resist any efforts to accept a watered down 
version of Senator McCain's language that would grant exceptions for 
the CIA to conduct its own investigations of detainees in locations 
overseas that are independent of the Army Field Manual. Such a move, 
which apparently is being orchestrated by the Vice President's office, 
would only defeat the intent of the provision adopted in the Senate and 
cause further confusion among military and civilian service people 
charged with detainee interrogations.
  The Army Field Manual has been used as the standard for interrogation 
guidance since it was established during the Reagan Administration. The 
Manual does not cast any technique into stone, but changes with time 
and includes techniques and descriptions that are classified so as not 
to be uncovered by enemies.
  In a sign of broad bipartisan support, the Senate overwhelmingly 
approved the McCain amendment in a 90 to 9 vote. In addition, 28 
retired military leaders, including General Shalikashvili, General 
Hoar, and General Colin Powell, have supported legislating the use of 
the Army Field Manual through the McCain amendment.
  In today's global war on terror, men and women in the armed forces 
are charged with the critical task of detaining and interrogating 
prisoners of war and enemy combatants without clear instructions on 
what is and what is not permissible. These ambiguities contributed to 
the absence of standards that resulted in the degrading and inhumane 
treatment that we, and the rest of the world, witnessed at Abu Ghraib 
and what apparently occurred at Guantanamo at the hands of young and 
ill-advised soldiers.
  The abuses at Abu Ghraib and Guantanamo stained the honor of our 
country and our military. I know that most of our constituents want to 
amend these wrongdoings. In order to do this, and to help protect the 
treatment of American soldiers who may be held as prisoners of war, we 
must give our troops clear instructions on acceptable treatment during 
detainment and interrogation, without equivocation.
  Let us not shrink from the responsibility that stands before us; let 
us rise as a united body to defend our principles, uphold our proud 
traditions and articulate to the world what America stands for. I urge 
my colleagues to express their support to Chairman Young to retain the 
McCain amendment, without modification, in the conference agreement to 
the FY2006 Defense Appropriations bill.
  Mr. CASTLE. Mr. Speaker, I rise in strong support of the Motion to 
Instruct Conferees on H.R. 2863, the Fiscal Year 2006 Defense 
Appropriations Act, offered by the gentleman from Pennsylvania.
  There is no question that recent charges of misconduct at Guantanamo 
Bay and Abu Ghraib prisons are obvious indications that there is 
significant confusion in the field regarding the interrogation of 
detainees.
  Our soldiers and interrogators need to know exactly where the line is 
when engaging prisoners and there should be absolutely no question 
about what is acceptable behavior and what is not.
  It is clear that any treatment that is cruel, inhuman and degrading 
is unacceptable. Such treatment is clearly prohibited by the Fifth, 
Eighth, and Fourteenth Amendments to the U.S. Constitution and these 
abuses are a direct violation of our government's treaty obligations.
  The provisions included in the Senate version of the Defense 
Appropriations bill simply ensure that persons under U.S. custody or 
control in facilities outside of this country cannot be subjected to 
treatment that would be deemed unconstitutional if it occurred in U.S. 
territory.
  I strongly support President Bush's efforts to defeat terrorism and 
his explicit denouncement of torture is crucial to winning this 
struggle. Backroom deals to blur the lines or allow exemptions for 
certain government agencies undermine the very freedoms our soldiers 
are fighting for around the globe.
  It is our duty to provide clarity about the values and standards by 
which America lives in contrast to our enemies. Now is the time for our 
government to reaffirm our position as the world's leader on human 
rights, and establish an unambiguous standard for the international 
treatment of detainees.
  Mr. Speaker, this provision has passed the Senate with broad, 
bipartisan support and I urge my colleagues to support this very 
important motion to instruct.
  Mr. YOUNG of Florida. Mr. Speaker, I yield back the balance of my 
time.

[[Page 28351]]


  Mr. MURTHA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to instruct.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to instruct 
offered by the gentleman from Pennsylvania (Mr. Murtha).
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. MURTHA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________




MOTION TO CLOSE CONFERENCE COMMITTEE MEETINGS ON H.R. 2863, DEPARTMENT 
 OF DEFENSE APPROPRIATIONS ACT, 2006 WHEN CLASSIFIED NATIONAL SECURITY 
                   INFORMATION IS UNDER CONSIDERATION

  Mr. YOUNG of Florida. Mr. Speaker, pursuant to clause 12 of rule 
XXII, I move that meetings of the conference between the House and the 
Senate on H.R. 2863 be closed to the public at such times as classified 
national security information may be broached, providing that any 
sitting Member of the Congress shall be entitled to attend any meeting 
of the conference.
  The SPEAKER pro tempore. Pursuant to clause 12 of rule XXII, the 
motion is not debatable, and the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, this 15-minute vote on the motion to 
close the conference will be followed by 5-minute votes on the motion 
to instruct on H.R. 2863, the motion to suspend the rules and agree to 
H. Res. 599, and the motion to suspend the rules and pass H.R. 972.
  The vote was taken by electronic device, and there were--yeas 415, 
nays 9, not voting 9, as follows:

                             [Roll No. 629]

                               YEAS--415

     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--9

     Blumenauer
     DeFazio
     Hinchey
     Kucinich
     Lee
     McKinney
     Olver
     Stark
     Woolsey

                             NOT VOTING--9

     Abercrombie
     Bishop (UT)
     Costa
     Diaz-Balart, M.
     Hyde
     Simpson
     Tanner
     Watt
     Westmoreland

                              {time}  1838

  Ms. WOOLSEY and Ms. LEE changed their vote from ``yea'' to ``nay.''
  Mr. TIERNEY and Mr. BARTON of Texas changed their vote from ``nay'' 
to ``yea.''
  So the motion was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




    MOTION TO GO TO CONFERENCE ON H.R. 2863, DEPARTMENT OF DEFENSE 
                        APPROPRIATIONS ACT, 2006


                Motion to Instruct Offered by Mr. Murtha

  The SPEAKER pro tempore (Mr. Camp of Michigan). The pending business 
is the vote on the motion to instruct on H.R. 2863 offered by the 
gentleman from Pennsylvania (Mr. Murtha) on which the yeas and nays are 
ordered.
  The Clerk will redesignate the motion.
  The Clerk redesignated the motion.
  The SPEAKER pro tempore. The question is on the motion to instruct.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 308, 
nays 122, not voting 3, as follows:

                             [Roll No. 630]

                               YEAS--308

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Camp (MI)
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case

[[Page 28352]]


     Castle
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Doyle
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Frank (MA)
     Gerlach
     Gibbons
     Gilchrest
     Gonzalez
     Goodlatte
     Gordon
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Harris
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lynch
     Mack
     Maloney
     Manzullo
     Markey
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Northup
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Rahall
     Ramstad
     Rangel
     Regula
     Reichert
     Reyes
     Reynolds
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Simmons
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn

                               NAYS--122

     Aderholt
     Akin
     Baker
     Barrett (SC)
     Barton (TX)
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Brady (TX)
     Brown (SC)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Deal (GA)
     DeLay
     Doolittle
     Drake
     Dreier
     Everett
     Feeney
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gillmor
     Gingrey
     Gohmert
     Goode
     Granger
     Graves
     Hall
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hunter
     Istook
     Jindal
     Johnson, Sam
     King (IA)
     King (NY)
     Kingston
     LaHood
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Marchant
     Marshall
     McHenry
     McKeon
     Mica
     Miller (FL)
     Miller, Gary
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Poe
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Renzi
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Royce
     Ryun (KS)
     Schmidt
     Sessions
     Shadegg
     Shuster
     Simpson
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Turner
     Weldon (FL)
     Westmoreland
     Wicker
     Wilson (SC)
     Young (AK)
     Young (FL)

                             NOT VOTING--3

     Costa
     Diaz-Balart, M.
     Hyde

                              {time}  1849

  Mr. GALLEGLY and Mrs. DRAKE changed their vote from ``yea'' to 
``nay.''
  Mr. McCAUL of Texas changed his vote from ``nay'' to ``yea.''
  So the motion to instruct was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




              ESTABLISHING THE TASK FORCE ON OCEAN POLICY

  The SPEAKER pro tempore (Mr. Camp of Michigan). The pending business 
is the question of suspending the rules and agreeing to the resolution, 
H. Res. 599.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and agree to the resolution, H. Res. 599, on which the yeas and 
nays are ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 103, 
nays 327, not voting 3, as follows:

                             [Roll No. 631]

                               YEAS--103

     Abercrombie
     Akin
     Allen
     Bartlett (MD)
     Barton (TX)
     Bass
     Biggert
     Bilirakis
     Bishop (UT)
     Blunt
     Boehlert
     Boehner
     Bradley (NH)
     Burgess
     Cannon
     Capito
     Cardin
     Cardoza
     Case
     Castle
     Cubin
     Davis, Tom
     DeLay
     Dent
     Diaz-Balart, L.
     Dreier
     Duncan
     Ehlers
     English (PA)
     Fortenberry
     Fossella
     Frelinghuysen
     Gerlach
     Gilchrest
     Gillmor
     Harris
     Hastings (WA)
     Hobson
     Hoekstra
     Hunter
     Inslee
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Jones (NC)
     Kelly
     King (NY)
     Kingston
     Kirk
     Kolbe
     Latham
     Leach
     Lewis (KY)
     Mack
     McCaul (TX)
     McCrery
     McHugh
     Melancon
     Mica
     Michaud
     Miller (MI)
     Myrick
     Osborne
     Petri
     Platts
     Price (GA)
     Pryce (OH)
     Putnam
     Ramstad
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Ruppersberger
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Shaw
     Shays
     Sherwood
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Souder
     Sweeney
     Upton
     Van Hollen
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wilson (NM)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--327

     Ackerman
     Aderholt
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Capps
     Capuano
     Carnahan
     Carson
     Carter
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Edwards
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Foxx
     Frank (MA)
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Inglis (SC)
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     Kline
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall

[[Page 28353]]


     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller (FL)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pitts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (NC)
     Radanovich
     Rahall
     Rangel
     Reichert
     Renzi
     Reyes
     Rohrabacher
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shadegg
     Sherman
     Shimkus
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Wexler
     Wicker
     Wilson (SC)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--3

     Diaz-Balart, M.
     Ferguson
     Hyde

                              {time}  1858

  Mr. DICKS changed his vote from ``yea'' to ``nay.''
  So (two-thirds of those voting having not responded in the 
affirmative) the motion was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




       TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005

  The SPEAKER pro tempore (Mr. Schwarz of Michigan). The pending 
business is the question of suspending the rules and passing the bill, 
H.R. 972, as amended.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 972, as amended, on which the yeas and nays are 
ordered.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 426, 
nays 0, not voting 7, as follows:

                             [Roll No. 632]

                               YEAS--426

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--7

     Buyer
     Davis (FL)
     Diaz-Balart, M.
     Ferguson
     Hyde
     Istook
     Sanders

                              {time}  1907

  So (two-thirds of those voting having responded in the affirmative) 
the rules were suspended and the bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




     APPOINTMENT OF CONFEREES ON H.R. 2863, DEPARTMENT OF DEFENSE 
                        APPROPRIATIONS ACT, 2006

  The SPEAKER pro tempore (Mr. Schwarz of Michigan). Without objection, 
the Chair appoints the following conferees: Messrs. Young of Florida, 
Hobson, Bonilla, Frelinghuysen, Tiahrt, Wicker, Kingston, Ms. Granger, 
Messrs. Walsh, Aderholt, Lewis of California, Murtha, Dicks, Sabo, 
Visclosky, Moran of Virginia, Ms. Kaptur, Mr. Edwards and Mr. Obey.
  There was no objection.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on motions to suspend the rules

[[Page 28354]]

on which a recorded vote or the yeas and nays are ordered, or on which 
the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken at a later time.

                          ____________________




            REVERSE MORTGAGES TO HELP AMERICA'S SENIORS ACT

  Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 2892) to amend section 255 of the 
National Housing Act to remove the limitation on the number of reverse 
mortgages that may be insured under the FHA mortgage insurance program 
for such mortgages.
  The Clerk read as follows:

                               H.R. 2892

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reverse Mortgages to Help 
     America's Seniors Act''.

     SEC. 2. ELIMINATION OF CAP ON NUMBER OF MORTGAGES INSURED.

       Section 255 of the National Housing Act (12 U.S.C. 1715z-
     20) is amended--
       (1) in subsection (g), by striking the first sentence; and
       (2) in subsection (i)(1)(C), by striking ``limitations'' 
     and inserting ``limitation''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Fitzpatrick) and the gentleman from Utah (Mr. 
Matheson) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, as we continue to try and find the best ways to improve 
retirement security for our Nation's seniors, I have looked at numerous 
programs to lessen the burden that our numerous seniors face: health 
care, transportation, and homeownership. As a former Bucks County 
Commissioner and now as a Member of Congress representing 
Pennsylvania's 8th Congressional District, I have received many calls 
and letters from seniors looking to find ways to pay their bills so 
that they could stay in their homes.
  Mr. Speaker, earlier this year, I had the great opportunity to meet 
Arthur Gerald, a constituent from New Hope, Bucks County, Pennsylvania, 
who took advantage of the reverse mortgage program. Arthur was faced 
with a horrible decision, whether to sell the home he had built for 
himself and his wife to pay mounting financial obligations or face 
certain financial ruin. Arthur told me stories of how he, as a young 
Broadway actor, moved from New York to Pennsylvania with his wife. His 
house was more than a home. It became a centerpiece of the community. 
He built a stage in his backyard to perform plays and shows for his 
neighbors. His house was a focal point for the community. Listening to 
his stories, I realized that the house was more than four walls and a 
roof. It was his life, it was his past, and it was his future.
  The reverse mortgage allowed Arthur to stay in his home. He harnessed 
the power of this loan to achieve financial security and independence 
and to preserve his memories.
  Today, I am proud to bring bipartisan, AARP-endorsed legislation to 
the floor that would help even more seniors preserve their homes and 
their memories. The Reverse Mortgages to Help America's Seniors Act, 
H.R. 2892, makes necessary improvements to the Department of House and 
Urban Development's Home Equity Conversion Mortgage program by removing 
the statutory limitation, or ceiling, on the aggregate number of FHA-
insured reverse mortgages that may be issued in any given year. Only a 
complete removal of the volume cap will prevent the possibility of 
future program disruption that will be detrimental to America's 
seniors.
  A reverse mortgage is a unique loan that enables senior homeowners to 
convert part of the equity in their homes into tax-free income without 
having to sell the home, give up title, or take on a new monthly 
mortgage payment.
  Reverse mortgages are aptly named because the payment stream is, in 
fact, reversed. Instead of making monthly payments to the lender as 
with a regular mortgage, the lender makes payments to the homeowner. 
The homeowner has great flexibility in choosing how to receive the 
money: as a lump sum, fixed monthly payments, a line of credit, or a 
combination of all three. No monthly payments are required during the 
term of the loan, and it is paid back only when the resident sells the 
home, passes away, or permanently moves out of the home.
  A key part of the reverse mortgage program is mandatory counseling. 
To make sure that no one rushes into a mortgage that they are 
unprepared for, the HECM program requires mandatory counseling prior to 
providing the application and the loan.
  The HECM program is the oldest and most popular reverse mortgage 
product, accounting for 90 percent of the total market. Available since 
1989 to homeowners aged 62 or older, the Home Equity Conversion 
Mortgage loans are insured by the Federal Government through the FHA. 
The HUD HECM program has served its mission at an actual savings to the 
Federal Government. H.R. 2892 would increase discretionary receipts by 
about $8 million in 2007 and $39 million annually in subsequent years.
  The Home Equity Conversion Mortgage program has, in fact, been a huge 
success. So much so that the rapid pace of growth created a near crisis 
this April when concerns arose about the fact that the cap was being 
reached and the program would, in fact, have to be suspended. While the 
cap was raised from $150,000 to $250,000 in the 2005 emergency 
supplemental appropriation, this was just a temporary solution. My bill 
would remove the volume limit and prevent the possibility of future 
program disruption and uncertainty in the marketplace.
  Reverse mortgages benefit seniors who are land rich and cash poor. 
Many seniors are struggling financially because they do not have a 
steady income stream coming in, but are sitting on a valuable asset 
that is not working for them. The funds from their reverse mortgage can 
be used for needs that every senior faces like health care expenses, 
prescription drugs, in-home care, prevention of foreclosure, paying off 
existing debts, home repairs or modifications, or daily living 
expenses.
  H.R. 2892 has gained support from both sides of the aisle. I would 
like to thank the 34 cosponsors, specifically the gentleman from Utah 
(Mr. Matheson), the lead Democrat cosponsor. I think that Congress can 
agree, regardless of party affiliation, that we want our seniors 
staying in their homes, especially in a fiscally responsible way.

                              {time}  1915

  Home ownership is a key part of the American Dream, and reverse 
mortgages allow an avenue of relief for those seniors faced with losing 
that dream.
  I will leave you with a quote from the AARP: We are pleased to be 
able to support Congressman Fitzpatrick's bill eliminating the loan cap 
for HECM-qualified, FHA-insured reverse mortgages. We believe that the 
reverse mortgage instrument provides older Americans with a valuable 
option for meeting their expenses, especially for those households that 
are equity-rich but income-poor. This simple but important step will 
ensure that this unique financial tool will be available to older 
homeowners.
  Madam Speaker, the House must pass H.R. 2892.
  Madam Speaker, I reserve the balance of my time.
  Mr. MATHESON. Madam Speaker, I yield 2 minutes to the gentleman from 
Washington (Mr. Inslee).
  Mr. INSLEE. Madam Speaker, I very much compliment the prime sponsor 
(Mr. Matheson) for this bill. This bill really does unlock a secret to 
very significant cash available to our seniors. This limit that we now 
have that is going to be removed by this bill really has no particular 
reason for its existence, and what we are finding is that there is a 
tremendous demand for these reverse mortgages because it could unlock 
something like $64 billion of equity that seniors have. Seniors are 
equity-rich but cash-poor in a lot of circumstances.

[[Page 28355]]

  We are also finding that seniors are using these reverse mortgages in 
new ways, to help their grandchildren with their college education, for 
their recreation, as well as the obvious reasons, for health care and 
assisted-living facilities and the like. So this has tremendous 
opportunity.
  I hope this is a first step in a continued program to make these 
mortgages more available. I am working on a bill I hope at some point 
will pass that will also go to a unified limitation in the dollar 
amount, the cap that now exists and limits the amount of equity that 
our seniors can get out of their homes.
  Right now, some people can get access to $300,000 plus, but some are 
limited to under $170,000. So we hope this is a first step in a 
continued effort to making these reverse mortgages more available. I 
think seniors will be universally happy with this.
  Again, I commend the prime sponsor of this, Mr. Matheson, for his 
leadership.
  Mr. FITZPATRICK of Pennsylvania. Madam Speaker, I reserve the balance 
of my time.
  Mr. MATHESON. Madam Speaker, I yield myself such time as I may 
consume.
  First of all, I am very pleased to have worked with Representative 
Fitz-
patrick on this important legislation, and I thank him for his 
leadership, and I also thank the House leadership and Chairman Oxley 
and Ranking Member Frank for getting this important bill to the floor 
in such an expeditious manner.
  H.R. 2892 is a simple bill that will increase opportunities for our 
Nation's seniors to meet their own financial needs. H.R. 2892, the 
Reverse Mortgages to Help America's Seniors Act, will eliminate the cap 
on the volume of federally insured home equity conversion mortgages, or 
reverse mortgages as they are called. These unique loans enable senior 
homeowners to convert part of the equity in their homes to tax-free 
income without having to sell the home, give up title or take on a new 
monthly mortgage. Instead of making monthly payments to the lender, as 
with a regular mortgage, the lender makes payments to the homeowner. 
The majority of loan recipients are elderly widows.
  Under current law, the HUD Home Equity Conversion Mortgage, or 
reverse mortgage program, is capped at $250,000 loans. Removing the cap 
will provide stability and greater competition in a program that has 
proven to be useful for many seniors.
  This bill is cost-effective for taxpayers and consumers. In fact, CBO 
estimates that lifting the cap will raise revenues by about $8 million 
in 2007 and $39 million annually in subsequent years.
  This legislation is supported by AARP, the National Reverse Mortgage 
Lenders Association and others. Again, I want to thank Mr. Fitzpatrick 
for his leadership on this bill, and I want to also thank Mr. Oxley and 
Mr. Frank, and I encourage my colleagues to vote for this important 
legislation to provide other seniors with greater tools for managing 
their expenses.
  Madam Speaker, I reserve the balance of my time.
  Mr. FITZPATRICK of Pennsylvania. Madam Speaker, I yield 2 minutes to 
the gentleman from Florida (Mr. Foley).
  Mr. FOLEY. Madam Speaker, I rise today in strong support of Mr. 
Fitzpatrick's excellent bill, H.R. 2892, that would remove the Federal 
Housing Administration's reverse mortgage volume cap.
  I was a former realtor before I entered the Congress, and my district 
is the fifth largest Medicare eligible senior district in America, so 
this is critically important to their ability to live in their homes 
that they have tended to and built up over the years. It allows them to 
stay in their communities and their homes and remain healthy and 
vibrant in their community.
  FHA's reverse mortgage program reflects the very best of FHA, and the 
elimination of the loan cap represents an appropriate and welcome 
adjustment to the program. Launched in 1989, FHA's Home Equity 
Conversion Mortgage program was designed to be an innovative new 
mortgage product that would allow seniors to tap into their home equity 
in a safe and affordable manner. Previously, the only way for the 
homeowner to get cash from their home was to sell their home or borrow 
against it and begin making monthly payments. A reverse mortgage is a 
product that allows a homeowner age 62 or older to get cash by tapping 
their equity without having to make a monthly payment or sell their 
home.
  As I mentioned earlier, their home is their nest, their safety net, a 
place where they feel independent, secure and feel that their lives 
still have value and worth. Staying in their home allows them to bring 
their children and grandchildren into that home, oftentimes the place 
where they raised those very children. This type of mortgage can be 
useful to couples who wish to use their homes to pay off medical bills, 
purchase a vacation home or give to their children or grandchildren as 
part of a living will.
  There are nearly 35 million Americans over 65 years of age, and by 
2010, the number of elderly individuals is expected to jump to 40 
million and then reach 50 million by 2020. Even more dramatic is the 
growth of older seniors, persons age 85 and older. Over the next 35 
years, that number is expected to quadruple from 3.5 million to 14 
million, those over 85.
  So I want to thank Mr. Fitzpatrick for his excellent work on this 
bill. Certainly it is a good bill for Floridians, and I know 
Pennsylvanians as well. I also want to thank Chairman Mike Oxley for 
his hard work as well as Mike Fitzpatrick in bringing this important 
piece of legislation to the floor, and I urge my colleagues to support 
the measure.
  Mr. MATHESON. Madam Speaker, I want to say again that I thank 
Representative Fitzpatrick and urge passage of the legislation, and I 
yield back the balance of my time.
  Mr. FITZPATRICK of Pennsylvania. Madam Speaker, in closing, 
approximately 10 years ago there was a pilot project where HUD worked 
through the Home Equity Conversion Mortgage program and backed reverse 
mortgages for senior citizens in America. Many, many seniors throughout 
this country were able to access reverse mortgages to, as you have 
heard through the testimony here today, stay in their homes, to retain 
the memories of their home, homes where they raised their families, 
graduated their children and a place where they just simply want to 
retire in.
  This has been a pilot project that has worked, and I have heard from 
many, many seniors in my district who need this product and have asked 
that I sponsor this legislation and make the reverse mortgage product 
more plentiful and more available to them as they live out and retire 
in the homes that they have raised their families in.
  So in closing, Madam Speaker, I would just ask that my fellow Members 
of this chamber support this bill and pass it this evening.
  Mr. OXLEY. Mr. Speaker, I rise today in support of H.R. 2892, a bill 
sponsored by my friend and colleague from Pennsylvania, Michael 
Fitzpatrick. Mr. Fitzpatrick's legislation is a response to the 
administration's request to access the growing, frequently untapped, 
equity that seniors have amassed in their homes. That equity, through a 
very successful FHA program can be accessed through Home Equity 
Conversion Mortgages.
  The number of such loans that the FHA program can handle was capped 
so that HUD and Congress could determine the safety and soundness of 
the program. Nearly 10 years later, now we know the program is 
successful and this bill will ensure that the reverse mortgage program 
continues uninterrupted and will not place the FHA insurance fund into 
any risks. By removing this cap, more senior citizens will be able to 
use the equity in their homes to make them handicapped accessible, to 
access money for healthcare, or whatever needs their families have. The 
program also ensures that the reverse mortgage is paid back when they 
move or when they pass away, and the homeowner will never owe more than 
the house is worth.
  The number of elderly persons in America continues to rise and with 
advances in health care and technology, seniors will certainly 
represent a growing number of American citizens. It is of great 
importance that these citizens' needs be met and addressed now and that

[[Page 28356]]

they will have as many economic resources as possible to support 
themselves in the future. Reverse mortgages is a tool that will help in 
addressing the needs of seniors today and in the years to come.
  A home represents more than just a place to live. It represents 
security and memories that are cherished by their owners. Part of that 
security can be economic security. I ask that Members of this Congress 
unanimously support this bill so that seniors may have the money they 
need without having to move from their homes.
  Mr. MARKEY. Mr. Speaker, I rise today in support of H.R. 2892, the 
Reverse Mortgages to Help America's Seniors Act.
  While this bill is helpful and necessary for allowing seniors to 
unlock their personal equity gained through homeownership, it also 
points to a disturbing, new reality facing millions of senior citizens 
throughout our country. The practice of reverse mortgages allows elder 
homeowners to borrow against the equity of their homes and H.R. 2892 
allows for more seniors to participate in this practice. The increased 
demand in reverse mortgages suggests seniors are now facing difficult 
spending priorities. As home heating bills are rising to all-time 
highs, gasoline prices reaching record levels, municipalities raising 
local taxes to compensate for lost federal funds, grandkids' college 
financial aid decreasing, the current pension crises growing, and 
efforts continuing to jeopardize the future of the Social Security 
program, seniors have been left high and dry to fend for themselves in 
the face of these new fiscal obstacles. If the ``Ownership Society'' 
envisioned by the President is, in reality, a ``Forced Borrowing 
Society,'' perhaps we need to pay more attention to what is actually 
happening to people and less to rhetorical flourishes masquerading as 
public policy.
  While H.R. 2892 is not a solution to the financial problems facing 
seniors, it does allow them to pay for unexpected medical expenses, 
home repairs, and a more comfortable retirement. But as my Republican 
colleagues prepare to approve billions of dollars in tax cuts for the 
highest income earners and arbitrary across-the-board program funding 
cuts in social services, seniors are having the rug pulled from under 
their feet by the federal government. I urge the passage of H.R. 2892, 
because seniors need all available resources to face the broken 
promises from the federal government, but let's not forget that there 
is a reason why more and more seniors are seeking out these reverse 
mortgage loans.
  Mrs. MALONEY. Madam Speaker, I rise in support of H.R. 2892, the 
Reverse Mortgages to Help America's Seniors Act.
  By removing the cap on the number of these loans that HUD can 
guarantee, this bipartisan bill allows the program to grow with demand.
  A reverse mortgage is a creative financing tool that allows seniors 
to take some of the equity out of their homes without having to sell 
the home, or take on a new monthly mortgage payment.
  Because it allows seniors to remain in their homes and provides them 
an income, it has proved very popular. These funds can be used for the 
everyday demands that many seniors face and that can become 
particularly urgent for those surviving on a fixed income, such as 
paying off existing debts, paying health care expenses, or paying daily 
living expenses.
  When the statutory cap of 150,000 loans was reached this spring, 
there was consternation that the program would be suspended even though 
it is a win-win: it makes money for taxpayers and benefits seniors.
  As those events demonstrate, the cap serves no useful purpose and 
should be removed. There is no reason to deny seniors this benefit if 
they decide it works for them, especially since it makes substantial 
money for the government--almost $40 million annually after the first 
year.
  I urge my colleagues to vote for H.R. 2892 and make this financial 
tool available to any senior who wants to use it.
  Mr. FITZPATRICK of Pennsylvania. Madam Speaker, I yield back the 
balance of my time.
  The SPEAKER pro tempore (Miss McMorris). The question is on the 
motion offered by the gentleman from Pennsylvania (Mr. Fitzpatrick) 
that the House suspend the rules and pass the bill, H.R. 2892.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. FITZPATRICK of Pennsylvania. Madam Speaker, I ask unanimous 
consent that all Members may have 5 legislative days in which to revise 
and extend their remarks on the legislation just passed, H.R. 2892, and 
to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.

                          ____________________




          2005 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION ACT

  Mr. PORTER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3508) to authorize improvements in the operation of the 
government of the District of Columbia, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 3508

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``2005 
     District of Columbia Omnibus Authorization Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

              TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

          Subtitle A--General District of Columbia Governance

Sec. 101. Budget flexibility.
Sec. 102. Additional authority to allocate amounts in Reserve Funds.
Sec. 103. Permitting General Services Administration to obtain space 
              and services on behalf of District of Columbia Public 
              Defender Service.
Sec. 104. Authority to enter into Interstate Insurance Product 
              Regulation Compact.

                Subtitle B--District of Columbia Courts

Sec. 111. Modernization of Office of Register of Wills.
Sec. 112. Increase in cap on rates of pay for nonjudicial employees.
Sec. 113. Clarification of rate for individuals providing services to 
              indigent defendants.
Sec. 114. Authority of Courts to conduct proceedings outside of 
              District of Columbia during emergencies.
Sec. 115. Authority of Court Services and Offender Supervision Agency 
              to use services of volunteers.
Sec. 116. Technical corrections relating to courts.

         Subtitle C--Other Miscellaneous Technical Corrections

Sec. 121. 2004 District of Columbia Omnibus Authorization Act.
Sec. 122. District of Columbia Appropriations Act, 2005.
Sec. 123. Technical and conforming amendments relating to banks 
              operating under the Code of Law for the District of 
              Columbia.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

Sec. 201. Promoting independence of Chief Financial Officer.
Sec. 202. Personnel authority.
Sec. 203. Procurement authority.
Sec. 204. Fiscal impact statements.

 TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS

Sec. 301. Acceptance of gifts by Court Services and Offender 
              Supervision Agency.
Sec. 302. Evaluation process for public school employees.
Sec. 303. Clarification of application of pay provisions of Merit 
              Personnel System to all District employees.
Sec. 304. Criteria for renewing or extending sole source contracts.
Sec. 305. Acceptance of grant amounts not included in annual budget.
Sec. 306. Standards for annual independent audit.
Sec. 307. Use of fines imposed for violation of traffic alcohol laws 
              for enforcement and prosecution of laws.
Sec. 308. Certifications for attorneys in cases brought under 
              Individuals With Disabilities Education Act.

              TITLE I--GOVERNANCE OF DISTRICT OF COLUMBIA

          Subtitle A--General District of Columbia Governance

     SEC. 101. BUDGET FLEXIBILITY.

       (a) Permitting Increase in Amount Appropriated as Local 
     Funds During a Fiscal Year.--Subpart 1 of part D of title IV 
     of the District of Columbia Home Rule Act (sec. 1-204.41 et 
     seq., D.C. Official Code) is amended by inserting after 
     section 446 the following new section:


 ``Permitting Increase in Amount Appropriated as Local Funds During a 
                              Fiscal Year

       ``Sec. 446A.  (a) In General.--Notwithstanding the fourth 
     sentence of section 446,

[[Page 28357]]

     to account for an unanticipated growth of revenue 
     collections, the amount appropriated as District of Columbia 
     funds under budget approved by Act of Congress as provided in 
     such section may be increased--
       ``(1) by an aggregate amount of not more than 25 percent, 
     in the case of amounts allocated under the budget as `Other-
     Type Funds'; and
       ``(2) by an aggregate amount of not more than 6 percent, in 
     the case of any other amounts allocated under the budget.
       ``(b) Conditions.--The District of Columbia may obligate 
     and expend any increase in the amount of funds authorized 
     under this section only in accordance with the following 
     conditions:
       ``(1) The Chief Financial Officer of the District of 
     Columbia shall certify--
       ``(A) the increase in revenue; and
       ``(B) that the use of the amounts is not anticipated to 
     have a negative impact on the long-term financial, fiscal, or 
     economic health of the District.
       ``(2) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council of the District 
     of Columbia in support of each such obligation and 
     expenditure, consistent with any other requirements under 
     law.
       ``(3) The amounts may not be used to fund any agencies of 
     the District government operating under court-ordered 
     receivership.
       ``(4) The amounts may not be obligated or expended unless 
     the Mayor has notified the Committees on Appropriations of 
     the House of Representatives and Senate, the Committee on 
     Government Reform of the House of Representatives, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate not fewer than 30 days in advance of the 
     obligation or expenditure.
       ``(c) Effective Date.--This section shall apply with 
     respect to fiscal years 2006 through 2007.''.
       (b) Conforming Amendment.--The fourth sentence of section 
     446 of such Act (sec. 1-204.46, D.C. Official Code) is 
     amended by inserting ``section 446A,'' after ``section 
     445A(b),''.
       (c) Clerical Amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     446 the following new item:

``Sec. 446A. Permitting increase in amount appropriated as local funds 
              during a fiscal year.''.

     SEC. 102. ADDITIONAL AUTHORITY TO ALLOCATE AMOUNTS IN RESERVE 
                   FUNDS.

       (a) In General.--Section 450A of the District of Columbia 
     Home Rule Act (sec. 1-204.50A, D.C. Official Code) is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Additional Authority to Allocate Amounts.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, in addition to the authority provided under 
     this section to allocate and use amounts from the emergency 
     reserve fund under subsection (a) and the contingency reserve 
     fund under subsection (b), the District of Columbia may 
     allocate amounts from such funds during a fiscal year and use 
     such amounts for cash flow management purposes.
       ``(2) Limits on amount allocated.--
       ``(A) Amount of individual allocation.--The amount of an 
     allocation made from the emergency reserve fund or the 
     contingency reserve fund pursuant to the authority of this 
     subsection may not exceed 50 percent of the balance of the 
     fund involved at the time the allocation is made.
       ``(B) Aggregate amount allocated.--The aggregate amount 
     allocated from the emergency reserve fund or the contingency 
     reserve fund pursuant to the authority of this subsection 
     during a fiscal year may not exceed 50 percent of the balance 
     of the fund involved as of the first day of such fiscal year.
       ``(3) Replenishment.--If the District of Columbia allocates 
     any amounts from a reserve fund pursuant to the authority of 
     this subsection during a fiscal year, the District shall 
     fully replenish the fund for the amounts allocated not later 
     than the earlier of--
       ``(A) the expiration of the 9-month period which begins on 
     the date the allocation is made; or
       ``(B) the last day of the fiscal year.
       ``(4) Effective date.--This subsection shall apply with 
     respect to fiscal years 2006 through 2007.''.
       (b) Special Rule for Timing of Replenishment After 
     Subsequent Allocation.--
       (1) Emergency reserve fund.--Section 450A(a)(7) of such Act 
     (sec. 1-204.50A(a)(7), D.C. Official Code) is amended--
       (A) by striking ``(7) Replenishment.--The District of 
     Columbia'' and inserting the following:
       ``(7) Replenishment.--
       ``(A) In general.--The District of Columbia''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Special rule for replenishment after allocation for 
     cash flow management.--
       ``(i) In general.--If the District allocates amounts from 
     the emergency reserve fund during a fiscal year for cash flow 
     management purposes pursuant to the authority of subsection 
     (c) and at any time afterwards during the year makes a 
     subsequent allocation from the fund for purposes of this 
     subsection, and if as a result of the subsequent allocation 
     the balance of the fund is reduced to an amount which is less 
     than 50 percent of the balance of the fund as of the first 
     day of the fiscal year, the District shall replenish the fund 
     by such amount as may be required to restore the balance to 
     an amount which is equal to 50 percent of the balance of the 
     fund as of the first day of the fiscal year.
       ``(ii) Deadline.--The District shall carry out any 
     replenishment required under clause (i) as a result of a 
     subsequent allocation described in such clause not later than 
     the expiration of the 60-day period which begins on the date 
     of the subsequent allocation.''.
       (2) Contingency reserve fund.--Section 450A(b)(6) of such 
     Act (sec. 1-204.50A(b)(6), D.C. Official Code) is amended--
       (A) by striking ``(6) Replenishment.--The District of 
     Columbia'' and inserting the following:
       ``(6) Replenishment.--
       ``(A) In general.--The District of Columbia''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Special rule for replenishment after allocation for 
     cash flow management.--
       ``(i) In general.--If the District allocates amounts from 
     the contingency reserve fund during a fiscal year for cash 
     flow management purposes pursuant to the authority of 
     subsection (c) and at any time afterwards during the year 
     makes a subsequent allocation from the fund for purposes of 
     this subsection, and if as a result of the subsequent 
     allocation the balance of the fund is reduced to an amount 
     which is less than 50 percent of the balance of the fund as 
     of the first day of the fiscal year, the District shall 
     replenish the fund by such amount as may be required to 
     restore the balance to an amount which is equal to 50 percent 
     of the balance of the fund as of the first day of the fiscal 
     year.
       ``(ii) Deadline.--The District shall carry out any 
     replenishment required under clause (i) as a result of a 
     subsequent allocation described in such clause not later than 
     the expiration of the 60-day period which begins on the date 
     of the subsequent allocation.''.

     SEC. 103. PERMITTING GENERAL SERVICES ADMINISTRATION TO 
                   OBTAIN SPACE AND SERVICES ON BEHALF OF DISTRICT 
                   OF COLUMBIA PUBLIC DEFENDER SERVICE.

       (a) Authority to Obtain Space and Services.--At the request 
     of the Director of the District of Columbia Public Defender 
     Service, the Administrator of General Services may furnish 
     space and services on behalf of the Service (either directly 
     by providing space and services in buildings owned or 
     occupied by the Federal Government or indirectly by entering 
     into leases with non-Federal entities) in the same manner, 
     and under the same terms and conditions, as the Administrator 
     may furnish space and services on behalf of an agency of the 
     Federal Government.
       (b) Effective Date.--This section shall apply with respect 
     to fiscal year 2006 and each succeeding fiscal year.

     SEC. 104. AUTHORITY TO ENTER INTO INTERSTATE INSURANCE 
                   PRODUCT REGULATION COMPACT.

       (a) In General.--The District of Columbia is authorized to 
     enter into an interstate compact to establish a joint state 
     commission as an instrumentality of the District of Columbia 
     for the purpose of establishing uniform insurance product 
     regulations among the participating states.
       (b) Delegation.--Any insurance product regulation compact 
     that the Council of the District of Columbia authorizes the 
     Mayor to execute on behalf of the District may contain 
     provisions that delegate the requisite power and authority to 
     the joint state commission to achieve the purposes for which 
     the interstate compact is established.

                Subtitle B--District of Columbia Courts

     SEC. 111. MODERNIZATION OF OFFICE OF REGISTER OF WILLS.

       (a) Revision of Duties.--Section 11--2104(b), District of 
     Columbia Official Code, is amended to read as follows:
       ``(b) In matters over which the Superior Court has probate 
     jurisdiction or powers, the Register of Wills shall--
       ``(1) make full and fair entries, in separate records, of 
     the proceedings of the court;
       ``(2) record in electronic or other format all wills proved 
     before the Register of Wills or the court and other matters 
     required by law to be recorded in the court;
       ``(3) lodge in places of safety designated by the court 
     original papers filed with the Register of Wills;
       ``(4) make out and issue every summons, process, and order 
     of the court;
       ``(5) prepare and submit to the Executive Officer of the 
     District of Columbia courts such reports as may be required; 
     and
       ``(6) in every respect, act under the control and direction 
     of the court.''.
       (b) Repeal of Penalties.--
       (1) In general.--Section 11-2104, District of Columbia 
     Code, is amended--
       (A) in the heading, by striking ``; penalties''; and
       (B) by striking subsections (d) and (e).

[[Page 28358]]

       (2) Clerical amendment.--The item relating to section 11-
     2104 in the table of sections for chapter 21 of title 11, 
     District of Columbia Official Code, is amended by striking 
     ``; penalties''.
       (c) Record of Claims Against Nonresident Decedents.--
     Section 20-343(d), District of Columbia Official Code, is 
     amended by striking the second sentence and inserting the 
     following: ``The Register shall record all such claims and 
     releases.''.

     SEC. 112. INCREASE IN CAP ON RATES OF PAY FOR NONJUDICIAL 
                   EMPLOYEES.

       (a) In General.--The second sentence of section 11--
     1726(a), District of Columbia Official Code, is amended by 
     striking ``pay fixed by administrative action in section 
     5373'' and inserting ``maximum pay in section 5382(a)''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to pay periods beginning on or after 
     the date of the enactment of this Act.

     SEC. 113. CLARIFICATION OF RATE FOR INDIVIDUALS PROVIDING 
                   SERVICES TO INDIGENT DEFENDANTS.

       (a) In General.--Section 11--2605, District of Columbia 
     Official Code, is amended--
       (1) by striking subsection (b);
       (2) in subsection (c), by inserting after ``United States 
     Code,'' the following: ``(or, in the case of investigative 
     services, a fixed rate of $25 per hour)'';
       (3) in subsection (d), by inserting after ``United States 
     Code,'' the following: ``(or, in the case of investigative 
     services, a fixed rate of $25 per hour)''; and
       (4) by redesignating subsections (c) and (d) as subsections 
     (b) and (c).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to services provided on or after the 
     date of the enactment of this Act.

     SEC. 114. AUTHORITY OF COURTS TO CONDUCT PROCEEDINGS OUTSIDE 
                   OF DISTRICT OF COLUMBIA DURING EMERGENCIES.

       (a) District of Columbia Court of Appeals.--
       (1) In general.--Subchapter I of chapter 7 of title 11, 
     District of Columbia Official Code, is amended by adding at 
     the end the following new section:

     ``Sec. 11--710. Emergency authority to conduct proceedings 
       outside District of Columbia.

       ``(a) In General.--The court may hold special sessions at 
     any place within the United States outside the District of 
     Columbia as the nature of the business may require and upon 
     such notice as the court orders, upon a finding by either the 
     chief judge of the court (or, if the chief judge is absent or 
     disabled, the judge designated under section 11-706(a)) or 
     the Joint Committee on Judicial Administration in the 
     District of Columbia that, because of emergency conditions, 
     no location within the District of Columbia is reasonably 
     available where such special sessions could be held. The 
     court may transact any business at a special session 
     authorized pursuant to this section which it has the 
     authority to transact at a regular session.
       ``(b) Notice Requirements.--If the Court of Appeals issues 
     an order exercising its authority under subsection (a), the 
     court--
       ``(1) through the Joint Committee on Judicial 
     Administration in the District of Columbia, shall send notice 
     of such order, including the reasons for the issuance of such 
     order, to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Government Reform 
     of the House of Representatives; and
       ``(2) shall provide reasonable notice to the United States 
     Marshals Service before the commencement of any special 
     session held pursuant to such order.''.
       (2) Clerical amendment.--The table of contents of chapter 7 
     of title 11, District of Columbia Official Code, is amended 
     by adding at the end of the items relating to subchapter I 
     the following:

``11--710. Emergency authority to conduct proceedings outside District 
              of Columbia.''.

       (b) Superior Court of the District of Columbia.--
       (1) In general.--Subchapter I of chapter 9 of title 11, 
     District of Columbia Official Code, is amended by adding at 
     the end the following new section:

     ``Sec. 11--911. Emergency authority to conduct proceedings 
       outside District of Columbia.

       ``(a) In General.--The Superior Court may hold special 
     sessions at any place within the United States outside the 
     District of Columbia as the nature of the business may 
     require and upon such notice as the Superior Court orders, 
     upon a finding by either the chief judge of the Superior 
     Court (or, if the chief judge is absent or disabled, the 
     judge designated under section 11-907(a)) or the Joint 
     Committee on Judicial Administration in the District of 
     Columbia that, because of emergency conditions, no location 
     within the District of Columbia is reasonably available where 
     such special sessions could be held.
       ``(b) Business Transacted.-- The Superior Court may 
     transact any business at a special session outside the 
     District of Columbia authorized pursuant to this section 
     which it has the authority to transact at a regular session, 
     except that a criminal trial may not be conducted at such a 
     special session without the consent of the defendant.
       ``(c) Summoning of Jurors.--Notwithstanding any other 
     provision of law, in any case in which special sessions are 
     conducted pursuant to this section, the Superior Court may 
     summon jurors--
       ``(1) in civil proceedings, from any part of the District 
     of Columbia or, if jurors are not readily available from the 
     District of Columbia, the jurisdiction in which it is holding 
     the special session; and
       ``(2) in criminal trials, from any part of the District of 
     Columbia or, if jurors are not readily available from the 
     District of Columbia and if the defendant so consents, the 
     jurisdiction in which it is holding the special session.
       ``(d) Notice Requirements.--If the Superior Court issues an 
     order exercising its authority under subsection (a), the 
     Court--
       ``(1) through the Joint Committee on Judicial 
     Administration in the District of Columbia, shall send notice 
     of such order, including the reasons for the issuance of such 
     order, to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Government Reform 
     of the House of Representatives; and
       ``(2) shall provide reasonable notice to the United States 
     Marshals Service before the commencement of any special 
     session held pursuant to such order.''.
       (2) Clerical amendment.--The table of contents of chapter 9 
     of title 11, District of Columbia Official Code, is amended 
     by adding at the end of the items relating to subchapter I 
     the following:

``11--911. Emergency authority to conduct proceedings outside District 
              of Columbia.''.

     SEC. 115. AUTHORITY OF COURT SERVICES AND OFFENDER 
                   SUPERVISION AGENCY TO USE SERVICES OF 
                   VOLUNTEERS.

       Section 11233 of the National Capital Revitalization and 
     Self-Government Improvement Act of 1997 (sec. 24-133, D.C. 
     Official Code) is amended by adding at the end the following 
     new subsection:
       ``(g) Authority to Use Services of Volunteers.--
       ``(1) In general.--The Agency (including any independent 
     entity within the Agency) may accept the services of 
     volunteers and provide for their incidental expenses to carry 
     out any activity of the Agency except policy-making.
       ``(2) Applicability of worker's compensation rules to 
     volunteers.--Any volunteer whose services are accepted 
     pursuant to this subsection shall be considered an employee 
     of the United States Government in providing the services for 
     purposes of chapter 81 of title 5, United States Code 
     (relating to compensation for work injuries).''.

     SEC. 116. TECHNICAL CORRECTIONS RELATING TO COURTS.

       (a) In General.--Section 329 of the District of Columbia 
     Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 
     1345), is amended to read as follows:
       ``Sec. 329. (a) Approval of Bonds by Joint Committee on 
     Judicial Administration.--Section 11-1701(b), District of 
     Columbia Official Code, is amended by striking paragraph (5).
       ``(b) Executive Officer.--
       ``(1) In general.--Section 11-1704, District of Columbia 
     Official Code, is amended to read as follows:

     `Sec. 11--1704. Oath of Executive Officer

       `The Executive Officer shall take an oath or affirmation 
     for the faithful and impartial discharge of the duties of 
     that office.'.
       ``(2) Clerical amendment.--The table of sections for 
     chapter 17 of title 11, District of Columbia Official Code, 
     is amended by amending the item relating to section 11-1704 
     to read as follows:

`11--1704. Oath of Executive Officer.'.

       ``(c) Fiscal Officer.--Section 11-1723, District of 
     Columbia Official Code, is amended--
       ``(1) by striking `(a)(1)' and inserting `(a)';
       ``(2) by striking subsection (b); and
       ``(3) by redesignating paragraphs (2) and (3) of subsection 
     (a) as subsections (b) and (c).
       ``(d) Auditor-Master.--Section 11-1724, District of 
     Columbia Official Code, is amended by striking the second and 
     third sentences.
       ``(e) Register of Wills.--
       ``(1) In general.--Section 11-2102, District of Columbia 
     Official Code, is amended--
       ``(A) in the heading, by striking `bond;';
       ``(B) in subsection (a)(2), by striking `give bond,' and 
     all that follows through `seasonably to record' and inserting 
     `seasonably record'; and
       ``(C) by striking the third sentence of subsection (a).
       ``(2) Clerical amendment.--The item relating to section 11-
     2102 in the table of sections for chapter 21 of title 11, 
     District of Columbia Official Code, is amended by striking 
     `bond;'.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     17 of title 11, District of Columbia Official Code, is 
     amended by amending the item relating to section 11-1728 to 
     read as follows:

``11--1728. Recruitment and training of personnel; travel.''
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if

[[Page 28359]]

     included in the enactment of the District of Columbia 
     Appropriations Act, 2005.

         Subtitle C--Other Miscellaneous Technical Corrections

     SEC. 121. 2004 DISTRICT OF COLUMBIA OMNIBUS AUTHORIZATION 
                   ACT.

       (a) In General.--The first sentence of section 446(a) of 
     the District of Columbia Home Rule Act (sec. 1-204.46(a), 
     D.C. Official Code) is amended by striking ``The Council,'' 
     and all that follows through ``from the Mayor,'' and 
     inserting ``The Council, within 56 calendar days after 
     receipt of the budget proposal from the Mayor,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 2004 
     District of Columbia Omnibus Authorization Act.

     SEC. 122. DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2005.

       (a) In General.--Section 450A of the District of Columbia 
     Home Rule Act (sec. 1-204.50A, D.C. Official Code), as 
     amended by section 332 of the District of Columbia 
     Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 
     1346), is amended--
       (1) in the heading of subsection (a)(2), by striking ``In 
     general'' and inserting ``Operating expenditures defined''; 
     and
       (2) in the heading of subsection (b)(2), by striking ``In 
     general'' and inserting ``Operating expenditures defined''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     District of Columbia Appropriations Act, 2005.

     SEC. 123. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
                   BANKS OPERATING UNDER THE CODE OF LAW FOR THE 
                   DISTRICT OF COLUMBIA.

       (a) Federal Reserve Act.--
       (1) The second undesignated paragraph of the first section 
     of the Federal Reserve Act (12 U.S.C. 221) is amended by 
     adding at the end the following: ``For purposes of this Act, 
     a State bank includes any bank which is operating under the 
     Code of Law for the District of Columbia.''.
       (2) The first sentence of the first undesignated paragraph 
     of section 9 of the Federal Reserve Act (12 U.S.C. 321) is 
     amended by striking ``incorporated by special law of any 
     State, or'' and inserting ``incorporated by special law of 
     any State, operating under the Code of Law for the District 
     of Columbia, or''.
       (b) Bank Conservation Act.--Section 202 of the Bank 
     Conservation Act (12 U.S.C. 202) is amended--
       (1) by striking ``means (1) any national'' and inserting 
     ``means any national''; and
       (2) by striking ``, and (2) any bank or trust company 
     located in the District of Columbia and operating under the 
     supervision of the Comptroller of the Currency''.
       (c) Depository Institution Deregulation and Monetary 
     Control Act of 1980.--Part C of title VII of the Depository 
     Institution Deregulation and Monetary Control Act of 1980 is 
     amended--
       (1) in paragraph (1) of section 731 (12 U.S.C. 216(1)) by 
     striking ``and closed banks in the District of Columbia''; 
     and
       (2) in paragraph (2) of section 732 (12 U.S.C. 216a(2)) by 
     striking ``or closed banks in the District of Columbia''.
       (d) Federal Deposit Insurance Act.--Section 3(a)(2)(B) of 
     the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(2)(B)) 
     is amended by striking ``(except a national bank)''.
       (e) National Bank Consolidation and Merger Act.--Section 
     7(1) of the National Bank Consolidation and Merger Act (12 
     U.S.C. 215b(1)) is amended by striking ``(except a national 
     banking association located in the District of Columbia)''.
       (f) An Act of August 17, 1950.--Section 1(a) of the Act 
     entitled ``An Act to provide for the conversion of national 
     banking associations into and their merger or consolidation 
     with State banks, and for other purposes'' and approved 
     August 17, 1950 (12 U.S.C. 214(a)) is amended by striking 
     ``(except a national banking association)''.
       (g) Federal Trade Commission Act.--Section 18(f)(2) of the 
     Federal Trade Commission Act (15 U.S.C. 57a(f)(2)) is 
     amended--
       (1) in subparagraph (A), by striking ``, banks operating 
     under the code of law for the District of Columbia,''; and
       (2) in subparagraph (B), by striking ``and banks operating 
     under the code of law for the District of Columbia''.

         TITLE II--INDEPENDENCE OF THE CHIEF FINANCIAL OFFICER

     SEC. 201. PROMOTING INDEPENDENCE OF CHIEF FINANCIAL OFFICER.

       (a) In General.--Section 424 of the District of Columbia 
     Home Rule Act (sec. 1-204.24a et seq., D.C. Official Code) is 
     amended to read as follows:


         ``Chief Financial Officer of the District of Columbia

       ``Sec. 424.  (a) In General.--
       ``(1) Establishment.--There is hereby established within 
     the executive branch of the government of the District of 
     Columbia an Office of the Chief Financial Officer of the 
     District of Columbia (hereafter referred to as the `Office'), 
     which shall be headed by the Chief Financial Officer of the 
     District of Columbia (hereafter referred to as the `Chief 
     Financial Officer').
       ``(2) Organizational analysis.--
       ``(A) Office of budget and planning.--The name of the 
     Office of Budget and Management, established by 
     Commissioner's Order 69-96, issued March 7, 1969, is changed 
     to the Office of Budget and Planning.
       ``(B) Office of tax and revenue.--The name of the 
     Department of Finance and Revenue, established by 
     Commissioner's Order 69-96, issued March 7, 1969, is changed 
     to the Office of Tax and Revenue.
       ``(C) Office of finance and treasury.--The name of the 
     Office of Treasurer, established by Mayor's Order 89-244, 
     dated October 23, 1989, is changed to the Office of Finance 
     and Treasury.
       ``(D) Office of financial operations and systems.--The 
     Office of the Controller, established by Mayor's Order 89-
     243, dated October 23, 1989, and the Office of Financial 
     Information Services, established by Mayor's Order 89-244, 
     dated October 23, 1989, are consolidated into the Office of 
     Financial Operations and Systems.
       ``(3) Transfers.--Effective with the appointment of the 
     first Chief Financial Officer under subsection (b), the 
     functions and personnel of the following offices are 
     established as subordinate offices within the Office:
       ``(A) The Office of Budget and Planning, headed by the 
     Deputy Chief Financial Officer for the Office of Budget and 
     Planning.
       ``(B) The Office of Tax and Revenue, headed by the Deputy 
     Chief Financial Officer for the Office of Tax and Revenue.
       ``(C) The Office of Research and Analysis, headed by the 
     Deputy Chief Financial Officer for the Office of Research and 
     Analysis.
       ``(D) The Office of Financial Operations and Systems, 
     headed by the Deputy Chief Financial Officer for the Office 
     of Financial Operations and Systems.
       ``(E) The Office of Finance and Treasury, headed by the 
     District of Columbia Treasurer.
       ``(F) The Lottery and Charitable Games Control Board, 
     established by the Law to Legalize Lotteries, Daily Numbers 
     Games, and Bingo and Raffles for Charitable Purposes in the 
     District of Columbia, effective March 10, 1981 (D.C. Law 3-
     172; D.C. Official Code Sec.  3-1301 et seq.).
       ``(4) Supervisor.--The heads of the offices listed in 
     paragraph (3) of this section shall serve at the pleasure of 
     the Chief Financial Officer.
       ``(5) Appointment and removal of office employees.--The 
     Chief Financial Officer shall appoint the heads of the 
     subordinate offices designated in paragraph (3), after 
     consultation with the Mayor and the Council. The Chief 
     Financial Officer may remove the heads of the offices 
     designated in paragraph (3), after consultation with the 
     Mayor and the Council.
       ``(6) Annual budget submission.--The Chief Financial 
     Officer shall prepare and annually submit to the Mayor of the 
     District of Columbia, for inclusion in the annual budget of 
     the District of Columbia government for a fiscal year, annual 
     estimates of the expenditures and appropriations necessary 
     for the year for the operation of the Office and all other 
     District of Columbia accounting, budget, and financial 
     management personnel (including personnel of executive branch 
     independent agencies) that report to the Office pursuant to 
     this Act.
       ``(b) Appointment of the Chief Financial Officer.--
       ``(1) Appointment.--
       ``(A) In general.--The Chief Financial Officer shall be 
     appointed by the Mayor with the advice and consent, by 
     resolution, of the Council. Upon confirmation by the Council, 
     the name of the Chief Financial Officer shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate for 
     a 30-day period of review and comment before the appointment 
     takes effect.
       ``(B) Special rule for control years.--During a control 
     year, the Chief Financial Officer shall be appointed by the 
     Mayor as follows:
       ``(i) Prior to the appointment, the Authority may submit 
     recommendations for the appointment to the Mayor.
       ``(ii) In consultation with the Authority and the Council, 
     the Mayor shall nominate an individual for appointment and 
     notify the Council of the nomination.
       ``(iii) After the expiration of the 7-day period which 
     begins on the date the Mayor notifies the Council of the 
     nomination under clause (ii), the Mayor shall notify the 
     Authority of the nomination.
       ``(iv) The nomination shall be effective subject to 
     approval by a majority vote of the Authority.
       ``(2) Term.--
       ``(A) In general.--All appointments made after June 30, 
     2007, shall be for a term of 5 years, except for appointments 
     made for the remainder of unexpired terms. The appointments 
     shall have an anniversary date of July 1.
       ``(B) Transition.--For purposes of this section, the 
     individual serving as Chief Financial Officer as of the date 
     of enactment of the 2005 District of Columbia Omnibus 
     Authorization Act shall be deemed to have been appointed 
     under this subsection, except that

[[Page 28360]]

     such individual's initial term of office shall begin upon 
     such date and shall end on June 30, 2007.
       ``(C) Continuance.--Any Chief Financial Officer may 
     continue to serve beyond his term until a successor takes 
     office.
       ``(D) Vacancies.--Any vacancy in the Office of Chief 
     Financial Officer shall be filled in the same manner as the 
     original appointment under paragraph (1).
       ``(E) Pay.--The Chief Financial Officer shall be paid at an 
     annual rate equal to the rate of basic pay payable for level 
     I of the Executive Schedule.
       ``(c) Removal of the Chief Financial Officer.--
       ``(1) In general.--The Chief Financial Officer may only be 
     removed for cause by the Mayor, subject to the approval of 
     the Council by a resolution approved by not fewer than 2/3 of 
     the members of the Council. After approval of the resolution 
     by the Council, notice of the removal shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and Senate, the Committee on Government 
     Reform of the House of Representatives, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate for 
     a 30-day period of review and comment before the removal 
     takes effect.
       ``(2) Special rule for control years.--During a control 
     year, the Chief Financial Officer may be removed for cause by 
     the Authority or by the Mayor with the approval of the 
     Authority.
       ``(d) Duties of the Chief Financial Officer.--
     Notwithstanding any provisions of this Act which grant 
     authority to other entities of the District government, the 
     Chief Financial Officer shall have the following duties and 
     shall take such steps as are necessary to perform these 
     duties:
       ``(1) During a control year, preparing the financial plan 
     and the budget for the use of the Mayor for purposes of 
     subtitle A of title II of the District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995.
       ``(2) Preparing the budgets of the District of Columbia for 
     the year for the use of the Mayor for purposes of part D and 
     preparing the 5-year financial plan based upon the adopted 
     budget for submission with the District of Columbia budget by 
     the Mayor to Congress.
       ``(3) During a control year, assuring that all financial 
     information presented by the Mayor is presented in a manner, 
     and is otherwise consistent with, the requirements of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995.
       ``(4) Implementing appropriate procedures and instituting 
     such programs, systems, and personnel policies within the 
     Chief Financial Officer's authority, to ensure that budget, 
     accounting, and personnel control systems and structures are 
     synchronized for budgeting and control purposes on a 
     continuing basis and to ensure that appropriations are not 
     exceeded.
       ``(5) Preparing and submitting to the Mayor and the 
     Council, with the approval of the Authority during a control 
     year, and making public--
       ``(A) annual estimates of all revenues of the District of 
     Columbia (without regard to the source of such revenues), 
     including proposed revenues, which shall be binding on the 
     Mayor and the Council for purposes of preparing and 
     submitting the budget of the District government for the year 
     under part D of this title, except that the Mayor and the 
     Council may prepare the budget based on estimates of revenues 
     which are lower than those prepared by the Chief Financial 
     Officer; and
       ``(B) quarterly re-estimates of the revenues of the 
     District of Columbia during the year.
       ``(6) Supervising and assuming responsibility for financial 
     transactions to ensure adequate control of revenues and 
     resources.
       ``(7) Maintaining systems of accounting and internal 
     control designed to provide--
       ``(A) full disclosure of the financial impact of the 
     activities of the District government;
       ``(B) adequate financial information needed by the District 
     government for management purposes;
       ``(C) effective control over, and accountability for, all 
     funds, property, and other assets of the District of 
     Columbia; and
       ``(D) reliable accounting results to serve as the basis for 
     preparing and supporting agency budget requests and 
     controlling the execution of the budget.
       ``(8) Submitting to the Council a financial statement of 
     the District government, containing such details and at such 
     times as the Council may specify.
       ``(9) Supervising and assuming responsibility for the 
     assessment of all property subject to assessment and special 
     assessments within the corporate limits of the District of 
     Columbia for taxation, preparing tax maps, and providing such 
     notice of taxes and special assessments (as may be required 
     by law).
       ``(10) Supervising and assuming responsibility for the 
     levying and collection of all taxes, special assessments, 
     licensing fees, and other revenues of the District of 
     Columbia (as may be required by law), and receiving all 
     amounts paid to the District of Columbia from any source 
     (including the Authority).
       ``(11) Maintaining custody of all public funds belonging to 
     or under the control of the District government (or any 
     department or agency of the District government), and 
     depositing all amounts paid in such depositories and under 
     such terms and conditions as may be designated by the Council 
     (or by the Authority during a control year).
       ``(12) Maintaining custody of all investment and invested 
     funds of the District government or in possession of the 
     District government in a fiduciary capacity, and maintaining 
     the safekeeping of all bonds and notes of the District 
     government and the receipt and delivery of District 
     government bonds and notes for transfer, registration, or 
     exchange.
       ``(13) Apportioning the total of all appropriations and 
     funds made available during the year for obligation so as to 
     prevent obligation or expenditure in a manner which would 
     result in a deficiency or a need for supplemental 
     appropriations during the year, and (with respect to 
     appropriations and funds available for an indefinite period 
     and all authorizations to create obligations by contract in 
     advance of appropriations) apportioning the total of such 
     appropriations, funds, or authorizations in the most 
     effective and economical manner.
       ``(14) Certifying all contracts and leases (whether 
     directly or through delegation) prior to execution as to the 
     availability of funds to meet the obligations expected to be 
     incurred by the District government under such contracts and 
     leases during the year.
       ``(15) Prescribing the forms of receipts, vouchers, bills, 
     and claims to be used by all agencies, offices, and 
     instrumentalities of the District government.
       ``(16) Certifying and approving prior to payment of all 
     bills, invoices, payrolls, and other evidences of claims, 
     demands, or charges against the District government, and 
     determining the regularity, legality, and correctness of such 
     bills, invoices, payrolls, claims, demands, or charges.
       ``(17) In coordination with the Inspector General of the 
     District of Columbia, performing internal audits of accounts 
     and operations and records of the District government, 
     including the examination of any accounts or records of 
     financial transactions, giving due consideration to the 
     effectiveness of accounting systems, internal control, and 
     related administrative practices of the departments and 
     agencies of the District government.
       ``(18) Exercising responsibility for the administration and 
     supervision of the District of Columbia Treasurer.
       ``(19) Supervising and administering all borrowing programs 
     for the issuance of long-term and short-term indebtedness, as 
     well as other financing-related programs of the District 
     government.
       ``(20) Administering the cash management program of the 
     District government, including the investment of surplus 
     funds in governmental and non-governmental interest-bearing 
     securities and accounts.
       ``(21) Administering the centralized District government 
     payroll and retirement systems (other than the retirement 
     system for police officers, fire fighters, and teachers).
       ``(22) Governing the accounting policies and systems 
     applicable to the District government.
       ``(23) Preparing appropriate annual, quarterly, and monthly 
     financial reports of the accounting and financial operations 
     of the District government.
       ``(24) Not later than 120 days after the end of each fiscal 
     year, preparing the complete financial statement and report 
     on the activities of the District government for such fiscal 
     year, for the use of the Mayor under section 448(a)(4).
       ``(25) Preparing fiscal impact statements on regulations, 
     multiyear contracts, contracts over $1,000,000 and on 
     legislation, as required by section 4a of the General 
     Legislative Procedures Act of 1975.
       ``(26) Preparing under the direction of the Mayor, who has 
     the specific responsibility for formulating budget policy 
     using Chief Financial Officer technical and human resources, 
     the budget for submission by the Mayor to the Council and to 
     the public and upon final adoption to Congress and to the 
     public.
       ``(27) Certifying all collective bargaining agreements and 
     nonunion pay proposals prior to submission to the Council for 
     approval as to the availability of funds to meet the 
     obligations expected to be incurred by the District 
     government under such collective bargaining agreements and 
     nonunion pay proposals during the year.
       ``(e) Functions of Treasurer.--At all times, the Treasurer 
     shall have the following duties:
       ``(1) Assisting the Chief Financial Officer in reporting 
     revenues received by the District government, including 
     submitting annual and quarterly reports concerning the cash 
     position of the District government not later than 60 days 
     after the last day of the quarter (or year) involved. Each 
     such report shall include the following:
       ``(A) Comparative reports of revenue and other receipts by 
     source, including tax, nontax, and Federal revenues, grants 
     and reimbursements, capital program loans, and advances. Each 
     source shall be broken down into specific components.

[[Page 28361]]

       ``(B) Statements of the cash flow of the District 
     government for the preceding quarter or year, including 
     receipts, disbursements, net changes in cash inclusive of the 
     beginning balance, cash and investment, and the ending 
     balance, inclusive of cash and investment. Such statements 
     shall reflect the actual, planned, better or worse dollar 
     amounts and the percentage change with respect to the current 
     quarter, year-to-date, and fiscal year.
       ``(C) Quarterly cash flow forecast for the quarter or year 
     involved, reflecting receipts, disbursements, net change in 
     cash inclusive of the beginning balance, cash and investment, 
     and the ending balance, inclusive of cash and investment with 
     respect to the actual dollar amounts for the quarter or year, 
     and projected dollar amounts for each of the 3 succeeding 
     quarters.
       ``(D) Monthly reports reflecting a detailed summary 
     analysis of all District of Columbia government investments, 
     including--
       ``(i) the total of long-term and short-term investments;
       ``(ii) a detailed summary analysis of investments by type 
     and amount, including purchases, sales (maturities), and 
     interest;
       ``(iii) an analysis of investment portfolio mix by type and 
     amount, including liquidity, quality/risk of each security, 
     and similar information;
       ``(iv) an analysis of investment strategy, including near-
     term strategic plans and projects of investment activity, as 
     well as forecasts of future investment strategies based on 
     anticipated market conditions, and similar information; and
       ``(v) an analysis of cash utilization, including--

       ``(I) comparisons of budgeted percentages of total cash to 
     be invested with actual percentages of cash invested and the 
     dollar amounts;
       ``(II) comparisons of the next return on invested cash 
     expressed in percentages (yield) with comparable market 
     indicators and established District of Columbia government 
     yield objectives; and
       ``(III) comparisons of estimated dollar return against 
     actual dollar yield.

       ``(E) Monthly reports reflecting a detailed summary 
     analysis of long-term and short-term borrowings inclusive of 
     debt as authorized by section 603, in the current fiscal year 
     and the amount of debt for each succeeding fiscal year not to 
     exceed 5 years. All such reports shall reflect--
       ``(i) the amount of debt outstanding by type of instrument;
       ``(ii) the amount of authorized and unissued debt, 
     including availability of short-term lines of credit, United 
     States Treasury borrowings, and similar information;
       ``(iii) a maturity schedule of the debt;
       ``(iv) the rate of interest payable upon the debt; and
       ``(v) the amount of debt service requirements and related 
     debt service reserves.
       ``(2) Such other functions assigned to the Chief Financial 
     Officer under subsection (d) as the Chief Financial Officer 
     may delegate.
       ``(f) Definitions.--For purposes of this section (and 
     sections 424a and 424b)--
       ``(1) the term `Authority' means the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     established under section 101(a) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995;
       ``(2) the term `control year' has the meaning given such 
     term under section 305(4) of such Act; and
       ``(3) the term `District government' has the meaning given 
     such term under section 305(5) of such Act. ''.
       (b) Clarification of Duties of Chief Financial Officer and 
     Mayor.--
       (1) Relation to financial duties of mayor.--Section 448(a) 
     of such Act (section 1-204.48(a), D.C. Official Code) is 
     amended by striking ``section 603,'' and inserting ``section 
     603 and except to the extent provided under section 
     424(d),''.
       (2) Relation to mayor's duties regarding accounting 
     supervision and control.--Section 449 of such Act (section 1-
     204.49, D.C. Official Code) is amended by striking ``The 
     Mayor'' and inserting ``Except to the extent provided under 
     section 424(d), the Mayor''.

     SEC. 202. PERSONNEL AUTHORITY.

       (a) Providing Independent Personnel Authority .--
       (1) In general.--Part B of title IV of the District of 
     Columbia Home Rule Act is amended by adding at the end the 
     following new section:


  ``Authority of Chief Financial Officer over personnel of Office and 
                       other financial personnel

       ``Sec. 424a.  (a) In General.--Notwithstanding any 
     provision of law or regulation (including any law or 
     regulation providing for collective bargaining or the 
     enforcement of any collective bargaining agreement), 
     employees of the Office of the Chief Financial Officer of the 
     District of Columbia, including personnel described in 
     subsection (b), shall be appointed by, shall serve at the 
     pleasure of, and shall act under the direction and control of 
     the Chief Financial Officer of the District of Columbia, and 
     shall be considered at-will employees not covered by the 
     District of Columbia Merit Personnel Act of 1978, except that 
     nothing in this section may be construed to prohibit the 
     Chief Financial Officer from entering into a collective 
     bargaining agreement governing such employees and personnel 
     or to prohibit the enforcement of such an agreement as 
     entered into by the Chief Financial Officer.
       ``(b) Personnel.--The personnel described in this 
     subsection are as follows:
       ``(1) The General Counsel to the Chief Financial Officer 
     and all other attorneys in the Office of the General Counsel 
     within the Office of the Chief Financial Officer of the 
     District of Columbia, together with all other personnel of 
     the Office.
       ``(2) All other individuals hired or retained as attorneys 
     by the Chief Financial Officer or any office under the 
     personnel authority of the Chief Financial Officer, each of 
     whom shall act under the direction and control of the General 
     Counsel to the Chief Financial Officer.
       ``(3) The heads and all personnel of the subordinate 
     offices of the Office (as described in section 424(a)(2) and 
     established as subordinate offices in section 424(a)(3)) and 
     the Chief Financial Officers, Agency Fiscal Officers, and 
     Associate Chief Financial Officers of all District of 
     Columbia executive branch subordinate and independent 
     agencies (in accordance with subsection (c)), together with 
     all other District of Columbia accounting, budget, and 
     financial management personnel (including personnel of 
     executive branch independent agencies, but not including 
     personnel of the legislative or judicial branches of the 
     District government).
       ``(c) Appointment of Certain Executive Branch Agency Chief 
     Financial Officers.--
       ``(1) In general.--The Chief Financial Officers and 
     Associate Chief Financial Officers of all District of 
     Columbia executive branch subordinate and independent 
     agencies (other than those of a subordinate office of the 
     Office) shall be appointed by the Chief Financial Officer, in 
     consultation with the agency head, where applicable. The 
     appointment shall be made from a list of qualified candidates 
     developed by the Chief Financial Officer.
       ``(2) Transition.--Any executive branch agency Chief 
     Financial Officer appointed prior to the date of enactment of 
     the 2005 District of Columbia Omnibus Authorization Act may 
     continue to serve in that capacity without reappointment.
       ``(d) Independent Authority Over Legal Personnel.--Title 
     VIII-B of the District of Columbia Government Comprehensive 
     Merit Personnel Act of 1978 (sec. 1-608.51 et seq., D.C. 
     Official Code) shall not apply to the Office of the Chief 
     Financial Officer or to attorneys employed by the Office.''
       (2) Clerical amendment.--The table of contents of part B of 
     title IV of the District of Columbia Home Rule Act is amended 
     by adding at the end the following new item:

``Sec. 424a. Authority of Chief Financial Officer over personnel of 
              Office and other financial personnel.''.

       (b) Conforming Amendment.--Section 862 of the District of 
     Columbia Government Comprehensive Merit Personnel Act of 1978 
     (D.C. Law 2-260; D.C. Official Code Sec.  1-608.62) is 
     amended by striking paragraph (2).

     SEC. 203. PROCUREMENT AUTHORITY.

       (a) Providing Independent Authority to Procure Goods and 
     Services.--
       (1) In general.--Part B of title IV of the District of 
     Columbia Home Rule Act, as amended by section 203(a)(1), is 
     further amended by adding at the end the following new 
     section:


         ``Procurement authority of the Chief Financial Officer

       ``Sec. 424b. The Chief Financial Officer shall carry out 
     procurement of goods and services for the Office of the Chief 
     Financial Officer through a procurement office or division 
     which shall operate independently of, and shall not be 
     governed by, the Office of Contracting and Procurement 
     established under the District of Columbia Procurement 
     Practices Act of 1986 or any successor office, except the 
     provisions applicable under such Act to procurement carried 
     out by the Chief Procurement Officer established by section 
     105 of such Act or any successor office shall apply with 
     respect to the procurement carried out by the Chief Financial 
     Officer's procurement office or division.''.
       (2) Clerical amendment.--The table of contents of part B of 
     title IV of the District of Columbia Home Rule Act, as 
     amended by section 203(a)(2), is further amended by adding at 
     the end following new item:

``Sec. 424b. Procurement authority of the Chief Financial Officer.''.

       (b) Conforming Amendments.--
       (1) Procurement practices act.--Section 104 of the District 
     of Columbia Procurement Practices Act of 1985 (sec. 2-301.04, 
     D.C. Official Code) is amended--
       (A) in subsection (a), by striking ``, and the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority'' and inserting the following: ``the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority, and (to the extent described in section 424b of 
     the District of Columbia Home Rule Act) the Office of the 
     Chief Financial Officer of the District of Columbia''; and
       (B) in subsection (c), by striking the second and third 
     sentences.

[[Page 28362]]

       (2) Other conforming amendment.--Section 132 of the 
     District of Columbia Appropriations Act, 2006 (Public Law 
     109-115) is hereby repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect 6 months after the date of 
     enactment of this Act.

     SEC. 204. FISCAL IMPACT STATEMENTS.

       The General Legislative Procedures Act of 1975 (sec. 1-
     301.45 et seq., D.C. Official Code) is amended by adding at 
     the end the following new section:


                       ``Fiscal impact statements

       ``Sec. 4a.  (a) Bills and Resolutions.--
       ``(1) In general.--Notwithstanding any other law, except as 
     provided in subsection (c), all permanent bills and 
     resolutions shall be accompanied by a fiscal impact statement 
     before final adoption by the Council.
       ``(2) Contents.--The fiscal impact statement shall include 
     the estimate of the costs which will be incurred by the 
     District as a result of the enactment of the measure in the 
     current and each of the first four fiscal years for which the 
     act or resolution is in effect, together with a statement of 
     the basis for such estimate.
       ``(b) Appropriations.--Permanent and emergency acts which 
     are accompanied by fiscal impact statements which reflect 
     unbudgeted costs, shall be subject to appropriations prior to 
     becoming effective.
       ``(c) Applicability.--Subsection (a) shall not apply to 
     emergency declaration, ceremonial, confirmation, and sense of 
     the Council resolutions.''.

 TITLE III--AUTHORIZATION OF CERTAIN GENERAL APPROPRIATIONS PROVISIONS

     SEC. 301. ACCEPTANCE OF GIFTS BY COURT SERVICES AND OFFENDER 
                   SUPERVISION AGENCY.

       (a) Authority to Accept Gifts.--Section 11233(b) of the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (sec. 24-133(b), D.C. Official Code) 
     is amended by adding at the end the following new paragraphs:
       ``(3) Acceptance of gifts.--
       ``(A) Authority to accept gifts.--During fiscal years 2006 
     through 2008, the Director may accept and use gifts in the 
     form of--
       ``(i) in-kind contributions of space and hospitality to 
     support offender and defendant programs; and
       ``(ii) equipment and vocational training services to 
     educate and train offenders and defendants.
       ``(B) Records.--The Director shall keep accurate and 
     detailed records of the acceptance and use of any gifts under 
     subparagraph (A), and shall make such records available for 
     audit and public inspection.
       ``(4) Reimbursement from district government.--During 
     fiscal years 2006 through 2008, the Director may accept and 
     use reimbursement from the District government for space and 
     services provided, on a cost reimbursable basis.''.
       (b) Authority of Public Defender Service to Charge Fees for 
     Event Materials.--Section 307 of the District of Columbia 
     Court Reform and Criminal Procedure Act of 1970 (sec. 2-1607, 
     D.C. Official Code) is amended by adding at the end the 
     following new subsection:
       ``(d) During fiscal years 2006 through 2008, the Service 
     may charge fees to cover the costs of materials distributed 
     to attendees of educational events, including conferences, 
     sponsored by the Service. Notwithstanding section 3302 of 
     title 31, United States Code, any amounts received as fees 
     under this subsection shall be credited to the Service and 
     available for use without further appropriation.''.

     SEC. 302. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.

        Title XVII of the District of Columbia Merit Personnel Act 
     of 1978 (sec. 1-617.01 et seq., D.C. Official Code) is 
     amended by adding at the end the following new section:

     ``SEC. 1718. EVALUATION PROCESS FOR PUBLIC SCHOOL EMPLOYEES.

       ``Notwithstanding any other provision of law, rule, or 
     regulation, during fiscal year 2006 and each succeeding 
     fiscal year the evaluation process and instruments for 
     evaluating District of Columbia Public Schools employees 
     shall be a non-negotiable item for collective bargaining 
     purposes.''.

     SEC. 303. CLARIFICATION OF APPLICATION OF PAY PROVISIONS OF 
                   MERIT PERSONNEL SYSTEM TO ALL DISTRICT 
                   EMPLOYEES.

       (a) District of Columbia Home Rule Act.--The fourth 
     sentence of section 422(3) of the District of Columbia Home 
     Rule Act (sec. 1-204.42(3), D.C. Official Code) is amended by 
     striking ``The system may provide'' and inserting the 
     following: ``The system shall apply with respect to the 
     compensation of employees of the District government during 
     fiscal year 2006 and each succeeding fiscal year, except that 
     the system may provide''.
       (b) Title 5, United States Code.--Section 5102 of title 5, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) Except as may be specifically provided, this chapter 
     does not apply for pay purposes to any employee of the 
     government of the District of Columbia during fiscal year 
     2006 or any succeeding fiscal year.''.

     SEC. 304. CRITERIA FOR RENEWING OR EXTENDING SOLE SOURCE 
                   CONTRACTS.

        Section 305 of the District of Columbia Procurement 
     Practices Act of 1985 (sec. 2-303.05, D.C. Official Code) is 
     amended by adding at the end the following new subsection:
       ``(b) During fiscal years 2006 through 2008, a procurement 
     contract awarded through noncompetitive negotiations in 
     accordance with subsection (a) may be renewed or extended 
     only if the Chief Financial Officer of the District of 
     Columbia reviews the contract and certifies that the contract 
     was renewed or extended in accordance with duly promulgated 
     rules and procedures.''.

     SEC. 305. ACCEPTANCE OF GRANT AMOUNTS NOT INCLUDED IN ANNUAL 
                   BUDGET.

       (a) Authority to Accept, Obligate, and Expend Amounts.--
     Subpart 1 of part D of title IV of the District of Columbia 
     Home Rule Act (sec. 1-204.41 et seq., D.C. Official Code), as 
     amended by section 101(a), is amended by inserting after 
     section 446A the following new section:


      ``Acceptance of Grant Amounts Not Included in Annual Budget

       ``Sec. 446B.  (a) Authority to Accept, Obligate, and Expend 
     Amounts.--Notwithstanding the fourth sentence of section 446, 
     the Mayor, in consultation with the Chief Financial Officer 
     of the District of Columbia may accept, obligate, and expend 
     Federal, private, and other grants received by the District 
     government that are not reflected in the budget approved by 
     Act of Congress as provided in such section.
       ``(b) Conditions.--
       ``(1) Role of chief financial officer; approval by 
     council.--No Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to subsection (a) 
     until--
       ``(A) the Chief Financial Officer submits to the Council a 
     report setting forth detailed information regarding such 
     grant; and
       ``(B) the Council has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant.
       ``(2) Deemed approval by council.--For purposes of 
     paragraph (1)(B), the Council shall be deemed to have 
     reviewed and approved the acceptance, obligation, and 
     expenditure of a grant if--
       ``(A) no written notice of disapproval is filed with the 
     Secretary of the Council within 14 calendar days of the 
     receipt of the report from the Chief Financial Officer under 
     paragraph (1)(A); or
       ``(B) if such a notice of disapproval is filed within such 
     deadline, the Council does not by resolution disapprove the 
     acceptance, obligation, or expenditure of the grant within 30 
     calendar days of the initial receipt of the report from the 
     Chief Financial Officer under paragraph (1)(A).
       ``(c) No Obligation or Expenditure Permitted in 
     Anticipation of Receipt or Approval.--No amount may be 
     obligated or expended from the general fund or other funds of 
     the District of Columbia government in anticipation of the 
     approval or receipt of a grant under subsection (b)(2) or in 
     anticipation of the approval or receipt of a Federal, 
     private, or other grant not subject to such subsection.
       ``(d) Adjustments to Annual Budget.--The Chief Financial 
     Officer may adjust the budget for Federal, private, and other 
     grants received by the District government reflected in the 
     amounts provided in the budget approved by Act of Congress 
     under section 446, or approved and received under subsection 
     (b)(2) to reflect a change in the actual amount of the grant.
       ``(e) Reports.--The Chief Financial Officer shall prepare a 
     quarterly report setting forth detailed information regarding 
     all Federal, private, and other grants subject to this 
     section. Each such report shall be submitted to the Council 
     and to the Committees on Appropriations of the House of 
     Representatives and Senate not later than 15 days after the 
     end of the quarter covered by the report.
       ``(f) Effective Date.--This section shall apply with 
     respect to fiscal years 2006 through 2008.''.
       (b) Conforming Amendment.--The fourth sentence of section 
     446 of such Act (sec. 1-204.46, D.C. Official Code), as 
     amended by section 101(b), is amended by inserting ``section 
     446B,'' after ``section 446A,''.
       (c) Clerical Amendment.--The table of contents of such Act, 
     as amended by section 101(c), is amended by inserting after 
     the item relating to section 446A the following new item:

``Sec. 446B. Acceptance of grant amounts not included in annual 
              budget.''.

     SEC. 306. STANDARDS FOR ANNUAL INDEPENDENT AUDIT.

        Section 448 of the District of Columbia Home Rule Act 
     (sec. 1-204.48, D.C. Official Code) is amended--
       (1) in subsection (a)(4), by striking the semicolon at the 
     end and inserting the following: ``, as audited by the 
     Inspector General of the District of Columbia in accordance 
     with subsection (c) in the case of fiscal years 2006 through 
     2008;''; and
       (2) by adding at the end the following new subsection:
       ``(c) The financial statement and report for a fiscal year 
     prepared and submitted for purposes of subsection (a)(4) 
     shall be audited by the Inspector General of the District of 
     Columbia (in coordination with the Chief Financial Officer of 
     the District of Columbia) pursuant to section 208(a)(4) of 
     the District of Columbia Procurement Practices Act of

[[Page 28363]]

     1985, and shall include as a basic financial statement a 
     comparison of audited actual year-end results with the 
     revenues submitted in the budget document for such year and 
     the appropriations enacted into law for such year using the 
     format, terminology, and classifications contained in the law 
     making the appropriations for the year and its legislative 
     history.''.

     SEC. 307. USE OF FINES IMPOSED FOR VIOLATION OF TRAFFIC 
                   ALCOHOL LAWS FOR ENFORCEMENT AND PROSECUTION OF 
                   LAWS.

        Section 10(b)(3) of the District of Columbia Traffic Act, 
     1925 (sec. 50-2201.05(b)(3), D.C. Official Code) is amended 
     to read as follows:
       ``(3) Notwithstanding any other provision of law, all fines 
     imposed and collected pursuant to this subsection during 
     fiscal year 2006 and each succeeding fiscal year shall be 
     transferred to the General Fund of the District of Columbia, 
     shall be used by the District of Columbia exclusively for the 
     enforcement and prosecution of the District traffic alcohol 
     laws, and shall remain available until expended. ''.

     SEC. 308. CERTIFICATIONS FOR ATTORNEYS IN CASES BROUGHT UNDER 
                   INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

       (a) Responsibilities of Chief Financial Officer.--Section 
     424(d) of the District of Columbia Home Rule Act (sec. 1-
     204.24(d), D.C. Official Code), as amended by section 201(a), 
     is amended by adding at the end the following new paragraph:
       ``(28) With respect to attorneys in special education cases 
     brought under the Individuals with Disabilities Education Act 
     in the District of Columbia during fiscal year 2006 and each 
     succeeding fiscal year--
       ``(A) requiring such attorneys to certify in writing that 
     the attorney or representative of the attorney rendered any 
     and all services for which the attorney received an award in 
     such a case, including those received under a settlement 
     agreement or as part of an administrative proceeding, from 
     the District of Columbia;
       ``(B) requiring such attorneys, as part of the 
     certification under subparagraph (A), to disclose any 
     financial, corporate, legal, membership on boards of 
     directors, or other relationships with any special education 
     diagnostic services, schools, or other special education 
     service providers to which the attorneys have referred any 
     clients in any such cases; and
       ``(C) preparing and submitting quarterly reports to the 
     Committees on Appropriations of the House of Representatives 
     and Senate on the certification of and the amount paid by the 
     government of the District of Columbia, including the 
     District of Columbia Public Schools, to such attorneys.''.
       (b) Investigations by Inspector General.--Section 208(a)(3) 
     of the District of Columbia Procurement Practices Act of 1985 
     (sec. 2-302.08(a)(3), D.C. Official Code) is amended by 
     adding at the end the following new subparagraph:
       ``(J) During fiscal year 2006 and each succeeding fiscal 
     year, conduct investigations to determine the accuracy of 
     certifications made to the Chief Financial Officer of the 
     District of Columbia under section 424(d)(28) of the District 
     of Columbia Home Rule Act of attorneys in special education 
     cases brought under the Individuals with Disabilities 
     Education Act in the District of Columbia.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentlewoman from the District of Columbia 
(Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume, 
and I rise today in support of H.R. 3508, the 2005 District of Columbia 
Omnibus Authorization Act, introduced in July by Chairman Tom Davis and 
Congresswoman Norton and approved by the Committee on Government Reform 
in September of this year.
  This is the second year in a row that Congress has moved an omnibus 
authorization bill for the District. The purpose of H.R. 3508 is to 
provide a process by which Congress works with the District to consider 
annually or biannually any changes that need to be made to Federal laws 
regarding the District.
  H.R. 3508 contains many provisions that will help the District manage 
its operations more effectively. Also, the legislation will help 
Congress in its oversight of the affairs of the Nation's capital by 
permanently creating a D.C. Chief Financial Officer, which will be 
fully accountable to this Congress, and I urge my colleagues to support 
H.R. 3508.
  Madam Speaker, I reserve the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume, 
and I thank my friend from Nevada for sitting in for our good friend, 
the chair of the committee, Mr. Davis, who has worked so closely with 
me on the 2005 District of Columbia Omnibus Authorization Act on a home 
rule basis. I thank Chairman Davis also for getting this important bill 
to the floor before we adjourn this month and for his leadership on the 
bill.
  The D.C. Omnibus Authorization Act is a welcome committee innovation 
designed to achieve greater efficiency in considering District of 
Columbia matters, most of which are of little importance or concern to 
Congress but must come here only because they, or similar issues, 
appear in the D.C. City Charter and cannot become D.C. law until 
sanctioned by congressional action. It is very wasteful, but that is 
the way it operates.
  All of the provisions in this bill have been passed or approved by 
the District of Columbia. Of the many provisions in the act, three are 
particularly important: One, a provision allowing greater budget 
flexibility for the City to carry out necessary business; two, a 
section permitting the District to spend more of its reserve funds; 
and, three, strengthening the Chief Financial Officer.
  First, the bill alters a semiannual requirement that the District 
come to Congress to become part of the Federal supplemental before the 
City may spend taxing revenue that is collected from District of 
Columbia taxpayers after the annual appropriation bill has been 
enacted.
  I am grateful that the appropriators, Chairmen Lewis and Cochran, and 
District of Columbia chairs and ranking members Knollenberg, Olver, 
Brownback and Landrieu have agreed with the authorizers that this 
change is beneficial both to the Congress and to the District.
  Although funds inevitably come in to any local jurisdiction or any 
State all year as taxes are paid by residents and businesses, D.C. 
cannot spend these funds for vital services, even though similar 
expenditures have been approved by Congress in the prior appropriation 
bill. This limitation applies to any unauthorized amount, even bonds 
the City must issue.
  We saw the perils of this requirement when there was a fear that the 
District's bonds for the baseball stadium would be held up.

                              {time}  1930

  The press, seeing the D.C. baseball stadium in the 2005 war 
supplemental, repeatedly and gleefully reported that Congress, not 
D.C., was building a baseball stadium and had put this provision in a 
vital bill intended to fund defense. This provision also removes the 
possibility of such unintended effect.
  Of great importance to the greater flexibility of both governments, 
this section moves the District of Columbia toward the long-time goal 
of budget autonomy over its own taxpayer-raised funds because it allows 
the District to spend up to 6 percent of its own money between 
appropriation bills without coming back to Congress midyear during the 
supplemental process I have just described.
  Under existing law and constitutional interpretation, congressional 
jurisdiction to change any D.C. matter remains, as always, under this 
provision, and under this provision Congress loses nothing while the 
District of Columbia gains much that is necessary to run a big city.
  Second, because of its prudence, the District now has emergency 
reserve and contingency funds that would be the envy of most 
jurisdictions, and Congress has reinforced these savings with unique 
requirements not found anywhere else in this country. In the meantime, 
residents watch the neglect of basic services while the District grows 
an ever-larger reserve fund that

[[Page 28364]]

cannot be tapped for any reason. There is special outrage that many of 
our children attend dilapidated public schools, some as old as I am and 
that I remember well when I was in school here as a child. This 
provision authorizes the District to borrow up to 50 percent of the 
fund balance from the emergency and contingency reserve funds through 
the end of 2007 provided that the fund is reimbursed within 9 months of 
the borrowing or by the end of the fiscal year in which the money is 
borrowed.
  Third, although the city's financial officer is a city, and not a 
Federal, official and is appointed by the Mayor, the provision for this 
office is in the charter. Therefore, even the pending D.C. Council 
action to strengthen the CFO needs congressional sanction, even though 
the provision makes an already strong official even more independent by 
giving him a term of 5 years with dismissal only for cause by the Mayor 
subject to the approval of the council by resolution approved by at 
least two-thirds of its members.
  The bill also confirms the CFO's personnel and procurement authority 
under D.C. law and confirms that the collective bargaining rights of 
CFO employees are preserved.
  Finally, an important provision bears mentioning because it helps 
preserve the justice system in case of emergency. This provision allows 
the District courts to conduct business outside of the district in case 
of an emergency. I appreciate that the House has moved this important 
bill forward so it may obtain early passage in the Senate where its 
provisions have strong support.
  Madam Speaker, I strongly urge my colleagues to support this bill.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, please include the attached 
exchange of letters between Chairman Michael G. Oxley of the Committee 
on Financial Services and myself in the Congressional Record at the end 
of the debate on H.R. 3508 under general leave.

                                         House of Representatives,


                              Committee on Financial Services,

                                Washington, DC, December 12, 2005.
     Hon. Tom Davis,
     Chairman, Committee on Government Reform, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Davis: On September 15, 2005, the Committee 
     on Government Reform ordered reported to the House H.R. 3508, 
     the 2005 District of Columbia Omnibus Authorization Act. 
     Thank you for consulting with the Committee on Financial 
     Services on those matters in H.R. 3508 within the 
     jurisdiction of this Committee, especially the provisions in 
     section 123 making technical and conforming amendments 
     relating to banks operating under the District of Columbia 
     Code. I am writing to confirm our mutual understanding with 
     respect to the further consideration of H.R. 3508. This bill 
     will be considered by the House shortly.
       As a result of this consultation and in the interest of 
     expediting the House's consideration of H.R. 3508, the 
     Committee on Financial Services did not request a sequential 
     referral of the bill. However, the Committee did so only with 
     the understanding that this procedural route will not 
     prejudice the Committee's jurisdictional interest and its 
     prerogatives with respect to this bill or similar 
     legislation. I respectfully request your support for an 
     appropriate appointment of outside conferees from this 
     Committee in the event of a House-Senate conference.
       Finally, I request that a copy of this letter and your 
     response be included in the Congressional Record during the 
     floor consideration of this bill. Thank you again for your 
     assistance.
           Yours truly,
                                                 Michael G. Oxley,
                                                         Chairman.
                                  ____
                                  
                                         House of Representatives,


                               Committee on Government Reform,

                                Washington, DC, December 13, 2005.
     Hon. Michael G. Oxley,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding H.R. 3508, the 2005 District of Columbia Omnibus 
     Authorization Act. I appreciate your assistance and your 
     willingness to expedite the consideration of this bill.
       I agree that the provisions in section 123 making technical 
     and conforming amendments to banks operating under the 
     District of Columbia Code are within the jurisdiction of the 
     Committee on Financial Services. I also agree that your 
     willingness to waive a sequential referral request does not 
     prejudice the Financial Services Committee's jurisdictional 
     interest and its prerogatives with respect to this bill or 
     similar legislation. I will support your request for an 
     appropriate appointment of outside conferees from your 
     Committee in the event of a House-Senate conference.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of this bill. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Tom Davis,
                                                         Chairman.

  Ms. NORTON. Madam Speaker, I yield back the balance of my time.
  Mr. PORTER. Madam Speaker, I urge all Members to support passage of 
H.R. 3508, as amended; and I yield back the balance of my time.
  The SPEAKER pro tempore (Miss McMorris). The question is on the 
motion offered by the gentleman from Nevada (Mr. Porter) that the House 
suspend the rules and pass the bill, H.R. 3508, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________




EXPRESSING SENSE OF THE HOUSE THAT SYMBOLS AND TRADITIONS OF CHRISTMAS 
                          SHOULD BE PROTECTED

  Mr. PORTER. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 579) expressing the sense of the House of 
Representatives that the symbols and traditions of Christmas should be 
protected, as amended.
  The Clerk read as follows:

                              H. Res. 579

       Whereas, Christmas is a national holiday celebrated on 
     December 25; and
       Whereas the Framers intended that the First Amendment to 
     the Constitution of the United States would prohibit the 
     establishment of religion, not prohibit any mention of 
     religion or reference to God in civic dialog: Now, therefore, 
     be it
       Resolved, That the House of Representatives--
       (1) recognizes the importance of the symbols and traditions 
     of Christmas;
       (2) strongly disapproves of attempts to ban references to 
     Christmas; and
       (3) expresses support for the use of these symbols and 
     traditions, for those who celebrate Christmas.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 579, which would 
express the sense of the House of Representatives that the symbols and 
traditions of Christmas should be protected.
  Each year during the month of December, thousands of homes across 
America are decorated with Christmas trees, lights and festive wreaths. 
Christmas is the most widely celebrated festival in the world, with 
traditions and customs that originated long ago and still are very much 
alive today.
  Christmas has long been for giving and sharing and for coming 
together with family and friends. The tradition is a celebration of the 
spirit of love which is what makes this holiday so popular throughout 
the world. I urge all Members to come together to support and protect 
the pastime and traditions of a holiday that many of us hold very dear.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Madam Speaker, I ask unanimous consent that I 
be able to yield 10 minutes of my time to the gentleman from New York 
(Mr. Ackerman) and that he be permitted to control that time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?

[[Page 28365]]

  There was no objection.
  Mr. DAVIS of Illinois. Madam Speaker, I yield myself 2 minutes.
  Madam Speaker, H. Res. 579 expresses the sense of the House of 
Representatives that the symbols and traditions of Christmas should be 
protected for those who celebrate Christmas. While this resolution 
focuses on the symbols and traditions of Christmas, it gives this body 
an opportunity to consider the lessons of Christmas.
  The story of Christmas is about a child whose conception was, to say 
the least, unusual and whose birth was under the most lowly of 
circumstances. This was a child who lived among and served the needy 
and the poor. This is the lesson of Christmas. Though we have modern-
day symbols of Christmas, Christmas is not only about beautifully 
decorated pine trees and gift-wrapped boxes that lie beneath them. 
Christmas is about goodwill and peace on Earth. It is about tolerance; 
it is about providing for the less fortunate among us.
  We cannot debate H. Res. 579 without considering how our policies 
address homelessness, the uninsured, the poor, the sick, and the 
suffering. Yes, we have Christmas symbols and traditions, but what do 
they really represent if we do not first embrace the spirit and true 
meaning of Christmas: love, peace, tolerance, compassion, goodwill, and 
hope for the future. Those are the true expressions of Christmas.
  Madam Speaker, I reserve the balance of my time.
  Mr. PORTER. Madam Speaker, I yield such time as she may consume to 
the gentlewoman from Virginia (Mrs. Jo Ann Davis).
  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I rise today in support 
of my resolution, H. Res. 579, as amended, expressing the sense of 
Congress that the symbols and traditions of Christmas should be 
protected for those who celebrate Christmas and that references to 
Christmas should be supported.
  This measure simply states congressional support for traditional 
references to Christmas that I believe are being eradicated from the 
public dialogue.
  Madam Speaker, this is a very busy week in Congress; and we are 
working on some very important measures that impact our Nation. So with 
that said, some may question the importance of this resolution in light 
of other national priorities that we are addressing this week, but this 
resolution is important because it defends the traditions of Christmas 
for those who celebrate Christmas. It is unfortunate that a 
congressional resolution is even needed to do this. It is unfortunate 
that we have had to come to this point.
  Christmas has been declared politically incorrect. Any sign or even 
mention of Christmas in public can lead to complaints, litigation, 
protest, and threats. America's favorite holiday is being twisted 
beyond recognition. The push towards a neutered ``holiday'' season is 
stronger than ever so that no one can be even the slightest bit 
offended.
  Madam Speaker, overzealous civil liberties lawyers are making their 
list and checking it twice. Change the Christmas tree to a Friendship 
tree, check. Change ``We Wish You a Merry Christmas'' to ``We Wish You 
a Happy Holiday,'' check. Remove the colors green and red, check. Get 
rid of Christmas music, even instrumental, check.
  When did wishing someone a Merry Christmas show insensitivity? 
According to a recent poll, 96 percent of Americans celebrate 
Christmas. In an effort to create a generic holiday starting at 
Thanksgiving and ending at New Year's, what are we exactly celebrating?
  The purpose of celebrating the Fourth of July is to celebrate our 
Nation's independence. Why is it not reasonable to say that celebrating 
Christmas is a celebration of Christ's birth?
  This is a selective assault on religious free speech which is a 
fundamental right. The Founders did not view celebrating Christmas as 
an issue of church versus State. It is celebrating a holiday that has 
for thousands of years been celebrated. The framers intended that the 
first amendment to the Constitution of the United States would prohibit 
the establishment of religion, not prohibit any mention of religion or 
reference to God in civic dialogue.
  From Madison Avenue to Wall Street, from activists and lawyers to 
politicians, educators and the media, a culture is being created that 
shames people for saying Merry Christmas.
  Ironically, many retailers, the same group who flood our mailboxes 
with catalogs and advertisements urging us to purchase gifts for 
Christmas, have done away with the Christmas greeting Merry Christmas 
in their stores. Employees have been told not to say Merry Christmas to 
customers. This is political correctness run amok.
  The attack on Christmas, while not new, has now shifted its focus 
from overtly religious symbols, like the nativity, to symbols regarded 
by most Americans, including the Supreme Court, to be secular symbols 
of Christmas, a federally recognized holiday. Now these innocent 
secular symbols are causing concerns of insensitivity. Santa Claus, 
Christmas trees, candy canes, Christmas carols, even the colors red and 
green, they have been place on the endangered list.
  They say to boil a frog you have to do it gradually because if you 
throw it into boiling water, it will jump out; but if you put the frog 
in cold water and gradually turn up the heat, the frog will never know 
he is being boiled until it is too late, and I am afraid that is what 
is happening to us with our Christmas holiday.
  Madam Speaker, the transition to replace Christmas with this vague 
``holiday season'' is a gradual process that over the past few years 
has reached a new crescendo. Let us protect the symbols and traditions 
of Christmas for those who celebrate Christmas, or before we know it, 
we will be looking at a holiday season that represents nothing and 
celebrates anything.
  I for one do not want to surrender and let retailers, overzealous 
civil liberty lawyers, and the media make me feel guilty for wishing 
someone a Merry Christmas. For generations, Christmas has been a public 
expression of the celebration of the birth of Christ. I hope we can say 
that for many more years to come.
  With that, Madam Speaker, I wish you a Merry Christmas.
  Mr. ACKERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, first, let me assure the gentlewoman from Virginia 
that I know she comes to the floor with a pure heart and with every 
good intention. Let me also assure her that I am not the Grinch that 
stole the Christmas tree ornaments.
  That being said, I really do not understand what we are doing today. 
I do not understand why we need to set up a straw man just to knock it 
down, to protect the symbols of Christmas as if they were under attack. 
Is this another war we fight for reasons that do not exist?
  There are people around who need an enemy at all times to try to 
separate us one from the other as Americans in order to advance their 
own agenda. I do not think we should be playing into their hands. 
Nobody is attacking Christmas or its symbols. I enjoy Christmas, sing 
Christmas carols. I do not celebrate the religious significance of it, 
but it is a holiday I tremendously respect, as I do my Christian 
friends, and do wish them a Merry Christmas. But that is not the point.
  What we are doing here is we are selling the American people sizzle 
and providing no steak. We are choosing symbolism over substance, and 
we are not providing substance, which is why I think most of us came to 
the Congress of the United States, not to protect symbols, but to 
protect everybody's rights.
  Now, I know when people want to be inclusive they come to the floor 
and they are very inclusive. I get included in when you want to talk 
about Judeo-Christian traditions or heritage.

                              {time}  1945

  When you want my participation, you know how to do it. But I am 
offended by this. You have drawn me out. Why not protect my symbols? My 
symbols are not protected here. And I am

[[Page 28366]]

not asking them to be because if you came to the floor protecting my 
symbols and nobody else's, I would say, no thank you. Do not protect me 
unless you protect everybody because that is the American way. We are 
doing symbols over substance. We have embarked on a very slippery 
slope, the incline of which might be too steep. We do not know the 
unintended consequences.
  I like Christmas. I like the message of Christmas. I like helping the 
needy and the poor and the least among us. But I did not come here to 
protect the symbols.
  Did something happen when I was not looking? Did somebody mug Santa 
Claus? Is somebody engaging in elf tossing? Did somebody shoot Bambi? 
If you eat venison, are you a suspect? What silliness we engage in, 
protecting symbols.
  If you wanted to protect the message of Christmas, come to the floor 
with real bills with substance. Where is your bill to house the 
homeless? Where is your bill to feed the needy? Where is your bill to 
clothe the naked? Where is your bill to protect senior citizens who 
will not be able to heat their homes this winter? Where is the 
substance? Why are we engaging, in this terrible time in which we are 
in, in symbolism?
  We can be doing something meaningful. Where is the bill for real 
health care? Where is the bill to educate the children that we really 
are leaving behind? We are not doing any of those things. I think we 
could be doing so much more instead of feeding the flames that divide 
us instead of bringing us together.
  I wish the gentlewoman a merry Christmas. I have no compunction about 
doing that. But I do not want my government to engage in the 
foolishness of deciding for people what their symbols should or have to 
be. And I know that it has been amended so that it now reads that this 
is for Christian people. I do not want to be here telling Christian 
people how to observe Christmas. I mean, I did not come here to protect 
toys and tinsel anymore than I came here to protect presents and potato 
latkes. This is not my deal. And we have important work to do that is 
important to real people of all faiths, and people of all faiths should 
not engage in anything that feeds those who would be divisive.
  I know that is not the intent of the gentlewoman, because I think I 
know her heart well. But this is the unintended consequence of bills 
such as this when we go down that path.
  Madam Speaker, I reserve the balance of my time.
  Mr. PORTER. Madam Speaker, I yield as much time as she may consume to 
the gentlewoman from Florida (Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today in 
support of House Resolution 579 and the tradition of Christmas. I 
commend my colleague, Ms. Davis, for introducing this resolution.
  As Americans, we enjoy the freedom to practice our own faith. This 
heritage inspired the American tradition of respecting individuals in 
their right to practice their religion, regardless of faith. However, 
it seems that, in recent years, zealous liberals have tried to destroy 
this heritage. It all started when schools would no longer call their 
annual winter recess a Christmas break in order to be politically 
correct. Now, instead, there is a holiday break, in many instances 
thanks to actions of the ACLU, American Civil Liberties Union.
  While this may be a valid point since various religions observe 
holidays around the same time, they would not stop there at the 
erosion. There is a war against Christmas. Our children cannot sing 
Christmas carols. They can only sing holiday tunes. And now, instead of 
a Christmas tree, advertising calls them holiday trees. There is no 
reason why we cannot honor and cherish the traditions of Christmas 
while also doing the same with Chanukah, Kwanzaa or any other valued 
religion celebrated in America. America should never single out a 
religion for the purposes of banning or looking down upon references to 
their holiday celebrations. That practice flies in the face of the 
principles that our Nation was founded on. Instead, we must treasure 
the traditions that remind us of our history and of our country while 
at the same time respecting Americans of different faiths. As such, I 
strongly support House Resolution 579 which recognizes and supports 
symbols and traditions of Christmas.
  Madam Speaker, I urge my colleagues to vote in favor of this 
resolution.
  Mr. DAVIS of Illinois. Madam Speaker, I yield 4 minutes to the 
gentleman from Michigan (Mr. Dingell), the Dean of the House.
  Mr. DINGELL. Madam Speaker, I have a little poem.

     'Twas the week before Christmas and all through the House,
     no bills were passed `bout which Fox News could grouse.
     Tax cuts for the wealthy were passed with great cheer,
     so vacations in St. Barts soon should be near.
     Katrina kids were all nestled snug in motel beds,
     while visions of school and home danced in their heads.
     In Iraq, our soldiers need supplies and a plan,
     and nuclear weapons are being built in Iran.
     Gas prices shot up, consumer confidence fell.
     Americans feared we were in a fast track to . . . well.
     Wait, we need a distraction, something divisive and wily,
     a fabrication straight from the mouth of O'Reilly.
     We will pretend Christmas is under attack,
     hold a vote to save it, then pat ourselves on the back.
     Silent Night, First Noel, Away in the Manger,
     Wake up Congress, they're in no danger.
     This time of year, we see Christmas everywhere we go,
     From churches to homes to schools and, yes, even Costco.
     What we have is an attempt to divide and destroy
     when this is the season to unite us with joy.
     At Christmastime, we're taught to unite.
     We don't need a made-up reason to fight.
     So on O'Reilly, on Hannity, on Coulter and those right-wing 
           blogs.
     You should sit back and relax, have a few egg nogs.
     'Tis the holiday season; enjoy it a pinch.
     With all our real problems, do we really need another Grinch?
     So to my friends and my colleagues, I say with delight,
     a Merry Christmas to all, and to Bill O'Reilly, happy 
           holidays.
     Ho, ho, ho. Merry Christmas.

  Mr. PORTER. Madam Speaker, I yield as much time as he may consume to 
the gentleman from Maryland (Mr. Bartlett).
  Mr. BARTLETT of Maryland. Madam Speaker, if our Founding Fathers 
could be resurrected and be with us here this evening, they would be 
astounded that we were discussing, debating this subject. Let me 
explain. Most of our Founding Fathers came here to escape one of two 
tyrannies, the tyranny of the crown and the tyranny of the church. In 
the Second Amendment, they address the tyranny of the crown. But that 
is a subject for another day. In England, the Episcopal Church was the 
official state church, and it could and did oppress other churches. On 
most of the countries of the continent, the Roman Church was the 
official state church, and it could and did oppress other churches, and 
our Founding Fathers wanted to make sure that this never could happen 
in their new country. And so in the First Amendment, they wrote the 
establishment clause which means exactly what it said, not the way it 
is frequently interpreted today. Congress shall make no law respecting 
an establishment of religion, no established state religion, please, or 
prohibiting the free exercise thereof. Not only should there not be a 
state religion, there should be free exercise of every religion.
  But they had no fear, Madam Speaker, of religion. The Continental 
Congress bought 20,000 copies of the Bible to distribute to their new 
citizens. And for the first 100 years of our country, our Congress each 
year voted funds to send missionaries to the American Indians. For 160 
years of its existence, the Supreme Court, up until 1947 when they did 
an abrupt about face, 180 degrees from where they were before in every 
decision relative to this subject, our Supreme Court said that we were 
a Judeo-Christian nation, and they affirmed the right for expression of 
those beliefs. Indeed, 102, I believe, of the first 104 universities in 
our country

[[Page 28367]]

were church schools, including Harvard. Harvard's handbook has an 
interesting note, that the Bible should be the constant companion of 
its students. And for the first hundred years of its existence, about 
half of all of the graduates of Harvard were ministers.
  Madam Speaker, if our Founding Fathers could be resurrected and be 
with us this evening, they would unanimously support this commonsense 
resolution.
  Madam Speaker, we should join them and unanimously support this 
resolution.
  Mr. DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the 
gentlewoman from the District of Columbia (Ms. Norton).
  Ms. NORTON. Madam Speaker, I cannot help but note the irony of a bill 
celebrating Christmas or its symbols coming on the floor in a session 
that has just destroyed Christmas for millions of poor people.
  I am going to make a request of this Member, because I know her and I 
respect her and I regard her as a friend. And as a Christian, I am 
going to ask her in the name of interfaith tolerance if she would 
withdraw this resolution because it is needlessly divisive, and I think 
she did not realize when she put it in how divisive it is.
  For example, the gentlewoman said Merry Christmas to you, Madam 
Speaker. I do not know what your background is. But I do not believe 
she would have said Merry Christmas to the gentleman from New York (Mr. 
Ackerman). And in a real sense, that sums up where our country has come 
simply to be tolerant of the fact that we are from many faiths, and we 
do not want to insult anybody. And I say to you that, far from 
references to Christmas needing to be supported, they are glorified, 
and we all know it. The notion of giving any aid and comport to the Fox 
campaign against ``happy holidays'' would be funny if it were not so 
serious.
  Understand how ``happy holidays'' developed. It developed out of a 
country, first and foremost, where there was rampant anti-Semitism. 
Now, of course, we have many more, we have many more religions and much 
more diversity. It developed simply out of a sensitivity, so we 
developed proxy language, and so everybody feels comfortable even when 
it is not your particular religious holiday. I am not going to go up to 
a brown-skinned person in a turban and say, merry Christmas. I think 
that it is more appropriate to say, happy holidays. Maybe the 
gentlewoman understands why this is important for people who, unlike 
her and unlike me, are not Christians. If you do not want to feel 
guilty for wishing someone merry Christmas, I do not want to feel 
guilty for saying happy holidays to someone whose religious background 
I do not know.

                              {time}  2000

  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  I could not imagine growing up that some day I would be on the House 
floor debating the merits of Christmas, and I certainly have great 
respect for my colleagues and their concern. But what is great about 
America is we can debate Christmas on the House floor.
  But let us talk about a few other things that we do in this House 
that I am very proud that we have done. We have recognized Korean 
Americans and the symbols. We have recognized Filipino Americans, 
ideals, very special weeks that we recognize here on this House floor 
numerous times. Pancreatic cancer, campus safety awareness. As a matter 
of fact, one of our next bills this evening is American Jewish Month.
  And that is what is great about America. We can have this debate 
about Christmas, but certainly there are thousands of Americans and 
there are thousands of people around the world that believe in this 
tradition. I too say ``happy holidays'' in respect to Chanukah. I say 
``happy holidays,'' but I also will say ``Merry Christmas'' because 
that is what December 25 is about.
  Again, I appreciate my colleagues and I think that their point is 
being well considered. I have great respect for my colleagues across 
the aisle, but I think it is a very cherished national holiday; and I 
would certainly encourage that we support this, as we have many other 
symbols and different groups in this country, because that is what 
Congress is about.
  Mr. WEINER. Madam Speaker, will the gentleman yield?
  Mr. PORTER. I yield to the gentleman from New York.
  Mr. WEINER. Madam Speaker, I have no question about the gentleman's 
values or his intent.
  Is there any element of this bill that if we substituted 
``Chanukah,'' which you mentioned, recognizing the importance of the 
symbols and traditions of Chanukah, would you find that offensive in 
any way?
  Mr. PORTER. Madam Speaker, I am not sure of the protocol of the 
debate on the floor.
  Mr. WEINER. Madam Speaker, he controls the time. He has yielded to me 
for a question, and now I am asking it.
  Mr. PORTER. I would absolutely support a bill that talked about the 
symbols of Chanukah. Absolutely.
  Mr. WEINER. Will the gentleman yield further for another question?
  Mr. PORTER. Absolutely.
  Mr. WEINER. Would you find anything offensive about recognizing the 
importance of the symbols and traditions of Diwali, the Indian New Year 
for Indian Americans?
  Mr. PORTER. Madam Speaker, I am, again, not certain this is time for 
the debate, but I think we should look at all these groups that would 
like to be considered. Again, this is not a place for the debate, and I 
would be happy to have this discussion.
  Mr. WEINER. It is exactly the place to debate. We are on the floor of 
the House of Representatives.
  Mr. PORTER. But I believe that the gentleman's point is well taken.
  Madam Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Madam Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Woolsey).
  Ms. WOOLSEY. Madam Speaker, nobody enjoys Christmas more than I. But 
today we have roughly 160,000 men and women in Iraq putting their lives 
on the line for an immoral, senseless war. Here at home many of our 
vulnerable citizens will face a cold, bitter winter because they do not 
have home energy assistance from the Federal Government. Many others 
will not get the health care or education they need because of harsh 
cuts in Medicaid and student loans.
  Naturally, the majority does not want to talk about this, and one can 
always tell when the right wing is in political trouble. They 
invariably cook up some divisive culture war that has nothing to do 
with our real challenges in this country.
  What American families really want is the ability to afford more 
gifts for their children this season regardless of whether there is a 
wreath in the local department store.
  Meanwhile, how many casualties have there been in the so-called ``war 
on Christmas''? Here is a hint: several thousand less than in the war 
on Iraq.
  Mr. PORTER. Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Madam Speaker, I yield 2 minutes to the 
gentleman from New York (Mr. Israel).
  Mr. ISRAEL. Madam Speaker, I thank the gentleman for yielding me this 
time.
  Madam Speaker, I want to thank the gentlewoman for introducing this 
resolution. I actually share her view and understand her frustration 
when any government attempts to ban secular symbols like Santa Claus or 
Rudolph the Red Nose Reindeer or Christmas lights. I do not believe 
that any community should ban those secular symbols as long as they do 
not choose one set of symbols over the other; as long as they are 
inclusive of all symbols.
  My difficulty with this resolution is that it excludes some symbols 
and includes only certain symbols. So I would ask the gentlewoman, in 
the spirit of diversity, and of the many faiths that we celebrate in 
this body and throughout America, I would ask her not to withdraw the 
resolution, but allow this resolution to attract a very significant 
number of votes, maybe a unanimous vote, simply by adding the words

[[Page 28368]]

``Kwanzaa,'' ``Ramadan,'' and ``Chanukah'' to her resolution. Do not 
exclude certain symbols. Be inclusive of all.
  The gentleman just stated prior to the gentleman from New York that 
he would support a resolution that includes the holidays of different 
faiths. So I would take the gentleman up on that offer.
  So, Madam Speaker, I yield to the gentlewoman and ask her if she 
would change this resolution, change this language, include Chanukah, 
include Kwanzaa, include Ramadan, include holidays of all faiths so 
that this resolution can reflect the best of America, which is a place 
of justice for all.
  Mrs. JO ANN DAVIS of Virginia. Madam Speaker, I would say that the 
reason for this resolution is that the attack has not been on the 
menorah or any of the other symbols of the other religions. But the 
attack has been and is being made on red and green colors, on candy 
canes, on Santa Claus, which are not even religious symbols. That is 
the point of the resolution. And with that I will leave it the way the 
resolution stands.
  Mr. PORTER. Madam Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Madam Speaker, I yield 1 minute to the gentleman from 
Virginia (Mr. Scott).
  Mr. SCOTT of Virginia. Madam Speaker, this resolution purports to 
protect the symbols of Christmas, but what really needs to be protected 
are not the symbols of Christmas, but rather the spirit of Christmas. 
The spirit of Christmas demands generosity and goodwill towards others.
  Instead of legislation that respects the spirit of Christmas, 
Congress in just these past few weeks has passed a budget that includes 
mean-spirited attacks on the least of us. For those who are hungry, we 
are cutting food stamps. For those who are sick, we are cutting 
Medicaid. For those who are in prison, we are imposing senseless 
mandatory minimums. For others we are ignoring increases in heating 
costs and cutting student loans. At the same time we are cutting those 
programs to help the least of us, we are cutting taxes for the 
wealthiest in society.
  Madam Speaker, we ought to express our passion for Christmas through 
deeds, not words; and we should not be distracted from our 
responsibility to uphold the spirit of Christmas as we consider the 
effects our actions on the Federal budget will have on the least of us 
during this holiday season.
  For these reasons I oppose this resolution.
  Mr. PORTER. Madam Speaker, I reserve the balance of my time.
  Mr. ACKERMAN. Madam Speaker, I yield 1 minute to the gentleman from 
New York (Mr. Weiner).
  Mr. WEINER. Madam Speaker, I thank the gentleman for yielding me this 
time, and I thank the gentleman from Nevada and the gentlewoman from 
Virginia.
  The bottom line is there was a good-faith effort made by the 
gentleman from New York to change ``recognizes the importance of the 
symbols and traditions of Christmas'' to ``the symbols of Christmas and 
Chanukah,'' and you said no.
  It was an attempt to change ``strongly disapproves of attempts to ban 
references to Christmas'' to ``ban references to Christmas and 
Kwanzaa,'' and you said no.
  It was a chance to take this and put it into the words that the 
gentleman from Virginia, the gentlewoman from Florida earlier 
articulated, and the gentlewoman who is the sponsor says that she 
intends. The question must be, why? For someone who does not celebrate 
Christmas, the question looms: Why? Why not say to someone who wants to 
make this inclusive that, indeed, we are going to make it inclusive? 
The symbols of Chanukah are not valuable? Sure, they are, I think. The 
symbols of Kwanzaa are not valuable to some? Sure, they are. I cannot 
imagine why the gentlewoman who is the sponsor of this, who says that 
she speaks from a sense of inclusion, would not want to include those. 
Are those not worthy of being protected? What is the message that is 
being sent?
  The gentleman from Nevada articulated his support. He perhaps should 
persuade his colleague to offer that UC.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  Again, I appreciate the comments from our friends across the aisle, 
and I would be happy to cosponsor those bills that were just mentioned. 
They certainly have merit and should be considered by this House of 
Representatives.
  This evening we are here to discuss H. Res. 579, as amended, and I 
believe that it should pass. But I also would suggest we do the same 
for those other religions that were mentioned, from Kwanzaa to 
Chanukah, and there are many others that should be considered at some 
point in time.
  This evening I respect the fact that my colleague has presented this 
resolution and would encourage that Members support it.
  Madam Speaker, I yield back the balance of my time.
  Mr. ACKERMAN. Madam Speaker, I yield myself the balance of my time.
  I am really very saddened by the fact that when given the opportunity 
to expand this resolution that the sponsor demurred. I am not sure why.
  If you do not know and you are saying that you want this to be what 
this is because yours is the religion that has its symbols under 
attack, when was the last time you walked into Wal-Mart and saw it 
saying ``Happy Chanukah''? When did you walk into Toys `R Us and see it 
saying ``Happy Kwanzaa''? Does that give me the right to say that my 
religion is under attack, the symbols of my faith or the holiday I wish 
to celebrate are under attack. It is not, and I am not going to be a 
crybaby and say that it is.
  To tell the truth, it is slightly offensive to see people trying to 
create a war and claiming they are attacked just so that they go on the 
offense instead of the defense.
  This is a prefabricated issue that has no merit. Nobody is attacking 
the symbols of Christmas. Are you objecting to our wanting to be 
included because the symbols of your religion are more important than 
the symbols of anybody else's religion in America? Or is it because you 
think that the symbols of your religion are more official? And that is 
the danger in what we are doing.
  Madam Speaker, I yield back the balance of my time.
  Mr. DAVIS of Illinois. Madam Speaker, I yield myself the balance of 
my time.
  We have had a tremendous discussion. The United States of America is 
a seriously diverse country. I did a bit of research about Christmas 
and found 32 pages about how we sort of evolved to the point of 
Christmas in this country.

                              {time}  2015

  I think the season is a season to spread goodwill. I would hope that 
there would not be a political debate necessarily around the yuletide, 
a political debate, because I was taught, and maybe some of what I was 
taught is different, that Christ was born, and out of that evolved 
Christmastime, and we spread good cheer, and we give hope, and we say, 
happy holidays, we say merry Christmas, happy Ramadan, happy, 
productive Kwanzaa.
  I just could not imagine, though, what it would be like if I could 
not hear Mahalia Jackson sing ``Silent night, holy night; all is calm, 
all is bright; round young virgin, mother and child; holy infant, so 
tender and mild,'' from which I got the impression that the origin of 
this period came.
  So, I would hope that all of us would have a happy Kwanzaa, a happy 
Chanukah, a happy Ramadan, a merry Christmas and happy holidays to 
everybody.
  Madam Speaker, I yield back the balance of my time.
  Mr. HOLT. Madam. Speaker, I am troubled and disappointed that this 
resolution concerning Christmas is before the House today. It is a 
solution in search of a problem, it is divisive, and it comes at the 
cost of substantive issues that should be addressed.
  There is a sad irony in this resolution. Christmas is supposed to be 
a season of goodwill, bringing people together, a holiday that brings 
out the best in us, and encourages us to reach out to our fellow man. 
Instead, this resolution was created simply so the Majority

[[Page 28369]]

could pat itself on the back. It is a straw man, and should not have 
been considered by the House because it is needlessly divisive and 
inappropriate.
  It comes as a surprise to no one, I'm sure, that as a Christian, I 
support and look forward to celebrating Christmas with my friends and 
family. But this is beside the point. More importantly, I support and 
respect the right of my fellow citizens to celebrate religion as they 
chose.
  The House floor should not be manipulated so one group or members can 
revel in their own sanctimony. What makes America a great and free 
society is our system of government and our Constitution, which 
provides each citizen with broad, basic rights and freedoms. One of 
these is freedom of religion. This right treats all religions, and the 
lack of religion, equally. Yet today in this resolution, the House 
singles out one religion over the others, and defends one religious 
holiday at the expense of others. I wish this resolution had not come 
to the floor.
  Just over a month ago, the House of Representatives unanimously 
supported a resolution that I sponsored which stressed the need for 
continuing interreligious dialogue and respect. Rather than 
``protecting'' one specific religious holiday, we should protect and 
defend all of them. And we should honor the right of every citizen to 
celebrate or not celebrate these religious holidays as they chose. We 
should support and protect Hanukah, Kwanza, Diwali, and all other 
religious holidays. It is my experience that the American people are 
much more respectful of each other's differences than the House may 
believe. They do not need to be told to respect the symbols of 
Christmas. They already do, just as they respect other religions.
  Rather than creating a false argument over Christmas, the House 
should honor the spirit of Christmas through its own actions. Christmas 
is not about trees and candy canes, it is about a spirit of giving and 
helping those who need help. If the House wants to do something about 
Christmas, it should protect the various federal programs the Majority 
is trying to cut, such as food stamps, Medicaid, and money to help low 
income families pay their home heating bills. Ending the cuts on these 
essential programs for the poor and disadvantaged in our society would 
truly honor Christmas.
  I will vote present on this resolution because it does not belong on 
the House floor.
  Mr. BLUMENAUER. Madam Speaker, this legislation is an excellent 
example of how the House Leadership politicizes non-issues to distract 
Congress from substantive issues.
  The Federal Government is obviously not opposed to Christmas, an 
annual celebration that has deep significance for those of us from a 
Christian tradition. In that sense, a ``Yes'' vote is appropriate.
  But Christmas is not under assault from the Federal Government; there 
is no need for this resolution. Therefore, a vote of ``Present'' could 
be appropriate; there is simply no controversy here.
  I chose to vote ``No,'' however, because the resolution is flawed. It 
misses the point. Christmas is not being threatened by the federal 
government. Instead, the season that celebrates Christ's humble birth 
in a manger has been commercialized and cheapened by those who 
celebrate it as the retail highlight of the year.
  My sincere wish for the New Year is that House leadership sets aside 
its penchant for distracting and divisive issues to focus on solutions 
to problems that face Americans every day.
  Ms. SCHAKOWSKY. Madam Speaker, forgive me if I haven't noticed that 
Christmas is under attack. Being Jewish, maybe I am simply incapable of 
judging. Silly me, I thought there were about the same number of 
Christmas trees, both in private homes and public places--that is, 
everywhere. Seems like Christmas music is still ubiquitous in 
elevators, grocery stores, the mall and while on hold on the telephone. 
No? Having just returned from Eastern Market, I still have the sounds 
of real live carolers in my ears, and, as a former community choir 
member, I knew all the words and sang along. (Is it anti-Christmas for 
a Jew to do that? I should check with Bill O'Reilly.)
  Santa was there as usual at Congressmen Barton's and Dingell's 
reception for the Energy and Commerce Committee, and adorable little 
children of Christian conservatives as well as moderates, and yes, even 
Democrats, were sitting on his lap. I thought I observed the same mix 
of awe, fear and delight as in years past, but Jewish eyes can deceive, 
I guess.
  I could be wrong, but I think it would be pretty hard not to guess 
that it is the ``Christmas season'' or that ``Christmas'' is coming if 
you turned on just about any channel, cable or broadcast, at just about 
any time of the day or night. Sometimes those reminders also include a 
request for you to call in and give your credit card number, and do it 
now, because there are only a few more days until ``Christmas.''
  I'm pretty cheerful about responding to ``Merry Christmas'' with a 
``Same to you.'' I can't recall ever scolding anyone in public or in 
private for missing the fact that I don't celebrate Christmas. I do try 
not to say it myself at my synagogue, unless I know for sure the person 
is Christian, and then I try especially hard to say it.
  I'm fond of candy canes. They seem to be available for free in many 
places at this time of year--``Christmas'' time. I try never to pass 
one up. I even try to like fruit cake, understanding it is one of the 
typical ``Christmas'' treats, but I think it may be like gefilte fish--
an acquired taste.
  If there are some Christians who think that Christmas has become too 
commercial--the symbol of Christmas being more the Visa or Mastercard 
than the nativity scene--then I think they deserve to have a serious 
discussion about that. That discussion, in my Jewish view, would be 
best held in church, or at home, or just about any place other than the 
floor of the United States House of Representatives.
  Mr. PORTER. Madam Speaker, I urge all Members to support the passage 
of H. Res. 579, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore (Miss McMorris). The question is on the 
motion offered by the gentleman from Nevada (Mr. Porter) that the House 
suspend the rules and agree to the resolution, H. Res. 579, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. PORTER. Madam Speaker, on that I demand the yeas and nays.


                         Parliamentary Inquiry

  Mr. ACKERMAN. Madam Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state it.
  Mr. ACKERMAN. Madam Speaker, how many Members arose?
  The SPEAKER pro tempore. The count by the Chair is not liable to 
question, but the chair will affirm that she counted more than one-
fifth of those present.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




           URGING OBSERVANCE OF AMERICAN JEWISH HISTORY MONTH

  Mr. PORTER. Madam Speaker, I move to suspend the rules and pass the 
concurrent resolution (H. Con. Res. 315) urging the President to issue 
a proclamation for the observance of an American Jewish History Month.
  The Clerk read as follows:

                            H. Con. Res. 315

       Resolved by the House of Representatives (the Senate 
     concurring), That Congress urges the President to issue each 
     year a proclamation calling on State and local governments 
     and the people of the United States to observe an American 
     Jewish History Month with appropriate programs, ceremonies, 
     and activities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Con. Res. 315.
  Is there objection to the request of the gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I stand in support of H. Con. Res. 315, which would 
urge the President to issue a proclamation for the observance of 
American Jewish History Month.
  The United States Jewish population has made many vital contributions 
in all areas of our society in such ways as helping to develop the 
cultural, scientific, political and economic life of our country. In 
fact, 37 percent of all

[[Page 28370]]

United States Nobel Prize winners in the 20th century have been 
representatives of the Jewish community.
  Jewish immigration in the 20th century was fueled by the Holocaust, 
which destroyed most of the European Jewish community. The migration 
made the United States the home of the largest Jewish population in the 
world. Starting at the beginning of this century, there was a Jewish 
population of about 1 million. By the end of the century, the 
population had grown to almost 6 million Jews residing in the United 
States of America.
  Presently, the Commission for Commemorating 350 Years of American 
Jewish History has been brought about to encourage and sponsor a 
variety of historical activities that advance our understanding of the 
American Jewish experience as it marks this milestone anniversary. 
Through this initiative, the deep-rooted culture of the Jewish 
community in our society would be recognized and honored.
  I urge all Members to come together to support this initiative to 
educate and pay homage to the contributions and influence that the 
Jewish community has had on our country.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Madam Speaker, I ask unanimous consent that 
Ms. Debbie Wasserman Schultz, the sponsor of this legislation, be 
permitted to control the 20 minutes on our side.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Ms. WASSERMAN SCHULTZ. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, throughout the past year, the 350th anniversary of 
Jewish life in America has been marked by ceremonies and celebrations 
across the United States. As the festivities come to an end, Chairman 
Hyde and I would like to establish a formal recognition of American 
Jewish life by creating American Jewish History Month. This is why I 
have introduced a resolution calling for a Presidential Proclamation in 
order to create an executive order to designate the month of January as 
American Jewish History Month to be observed with appropriate programs, 
ceremonies and activities.
  To date, 252 of our esteemed colleagues have expressed support for 
American Jewish History Month. I wish to thank Chairman Hyde and Mr. 
Cantor for their continued support and assistance.
  American Jewish History Month would honor the contributions of 
American Jews to society. Additionally, creation of this month would 
celebrate the legacy of the American Jewish experience and the rich 
cultural heritage of American Jewish communities.
  Similar to Black History Month in February and Women's History Month 
in March, American Jewish History Month would present educators with 
the opportunity and tools to teach diversity and cultural awareness.
  As Congress continuously strives to promote understanding and 
awareness of the many cultures of American society, we believe 
education is a necessity to combat ignorance and misunderstanding. 
Though support for Jewish communities, Holocaust education and efforts 
to combat anti-Semitism is well-known in Congress, support among the 
American public is not as prevalent.
  Sadly, ignorance about Jews and our history, culture and 
contributions to American society remains widespread in the United 
States. This ignorance leads to hatred and bigotry, and one way to stop 
it is through education. As we all know, education leads to 
understanding.
  American Jewish History Month will educate millions of Americans 
about the rich cultural traditions of the Jewish people, whose 
contributions to medicine, the arts, science and technology have shaped 
the fabric of American society and global history.
  The previous debate demonstrates the need for more education and 
understanding of the traditions, beliefs and history of not just the 
Jewish communities but all minority religions in America. It is clear 
to me after listening to the proponents of the previous resolution that 
an American Jewish History Month would heighten the sensitivity of 
those who simply do not have enough information, exposure or tolerance 
for minority faiths.
  It is my hope that the next generation of Americans, from all faith 
traditions, will have their knowledge, tolerance and understanding 
heightened and enhanced by the creation of American Jewish History 
Month.
  I wish to express my sincere appreciation for the 252 Members of 
Congress from both sides of the aisle who have supported the efforts to 
establish a formal month. While the expression of the House's sentiment 
is meaningful, it is essential that the President formally create 
American Jewish History Month via executive order and put the full 
strength of the White House behind this effort so that we can enhance 
the education and understanding of Americans about Jewish cultural 
traditions.
  Additionally, I would like to thank the gentleman from Virginia (Mr. 
Cantor), the gentleman from Illinois (Mr. Hyde), Leader Pelosi, and 
Speaker Hastert for their support and steadfast commitment to helping 
to establish this month. It is my hope that in the future there will be 
a permanent American Jewish History Month in addition to a Presidential 
Proclamation.
  Madam Speaker, I reserve the balance of my time.
  Mr. PORTER. Madam Speaker, I reserve the balance of my time.
  Ms. WASSERMAN SCHULTZ. Madam Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Davis).
  Mr. DAVIS of Illinois. Madam Speaker, I want to thank the gentlewoman 
from Florida for yielding me time.
  Madam Speaker, as a Member of the House Government Reform Committee, 
I am pleased to join my colleague in consideration of H. Con. Res. 315, 
a resolution sponsored by Representative Wasserman Schultz.
  H. Con. Res. 315, introduced today, urges the President to issue a 
proclamation for the observance of an American Jewish History Month. 
The first Jewish History Month was passed by Congress and was 
celebrated in September 2004.
  Observing American Jewish History Month allows us to commemorate the 
many contributions made by Jewish Americans in our society at large and 
in our local neighborhoods and communities. It also allows us the 
opportunity to better appreciate the journey many Jewish Americans have 
faced since they first landed at New Amsterdam, now Manhattan Island.
  Like many events in Jewish history, the arrival of 23 refugees from 
Brazil to the United States in 1654 was the result of a fortuitous 
occurrence. They were blown off course rather than a preplanned 
migration. Since that time, there has been an organized Jewish 
community in our country.
  Also, Madam Speaker, one could talk about the attributes and the 
achievements of Jewish people for the rest of the evening on an 
individualized basis, but I represent a community that has a large 
Jewish population. I am very proud of the relationships and the work 
that we have been able to do over the years with groups like the Jewish 
Council on Urban Affairs, which is headed up by a woman, Jane Ramsey, 
who is one of the most dedicated and committed people that I have ever 
met, and the Jewish Federation of Chicago, which provides resources for 
hospitals, for social service programs, opportunities to help those who 
are less fortunate.
  So I commend the gentlewoman from Florida for her introduction of 
this legislation and urge its passage.
  Mr. PORTER. Madam Speaker, I reserve the balance of my time.
  Ms. WASSERMAN SCHULTZ. Madam Speaker, I yield myself such time as I 
may consume.
  In conclusion, I want to thank again Speaker Hastert and Mr. Cantor 
from Virginia for their efforts to help us bring this resolution to the 
floor. I also want to thank Leader Pelosi and the rest of my colleagues 
for their assistance.
  I do want to recognize Speaker Hastert in particular, because he has

[[Page 28371]]

committed to personally contact the President to urge him to take this 
resolution and to go ahead and create the executive order. So I look 
forward to working with him towards that end.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, again, I think one of the great things about America 
and the House floor is we are able to talk about our diverse country 
and the respect we have for the different organizations, different 
religions and different groups. Certainly this is another example of 
this House of Representatives recognizing a very, very important part 
of our culture and our country and our future.
  Again, I urge that all Members support the passage of this particular 
concurrent resolution.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I am here today to urge 
President Bush to issue a proclamation for the observance of an 
American Jewish history month. I further urge all Americans to share in 
this commemoration to have a greater appreciation for the role the 
Jewish American community has had in helping to defend and further the 
liberties and freedom of all Americans.
  In 1654, Jewish refugees from Brazil arrived on North American shores 
and formally established North America's first Jewish community in New 
Amsterdam, now New York City. America welcomed Jews among the millions 
of immigrants that streamed through our Nation's gates. The waves of 
Jewish immigrants arriving in America helped shape our great Nation.
  Jewish immigration to America throughout the last 350 years brought 
with it legions of notable researchers, lawyers, statesmen, inventors, 
entertainers, artists, scientists, authors, musicians, doctors, 
ethicists, entrepreneurs and spiritual leaders--men and women who 
substantially transformed this nation and its urban communities.
  In this month of observance of American Jewish history, I think it is 
also important that we also focus on our country's relationship with 
Israel. Israel has been one of our strongest and most committed allies 
since its conception in 1948. For 50 years, the United States and 
Israel have worked closely to pursue peace in the Middle East. I 
strongly believe that the dream of peace and stability in the Middle 
East can become a reality within our lifetime.
  I ask my colleagues to support this resolution and urge President 
Bush to issue a proclamation for the observance of an American Jewish 
history month. A proclamation by the President will honor the 
contributions of American Jews throughout our nation's history, but 
also reiterate the continued importance of our taking an active role in 
the peace process in the Middle East. We have both an obligation and a 
vested interest in supporting Israel in its road to secure itself in 
peaceful, stable, and democratic region. I will leave you with a quote 
from one of the most famous Jewish American immigrants, Albert 
Einstein. He said ``He who cherishes the values of culture cannot fail 
to be a pacifist.'' Let's urge the President to reaffirm the value of 
the Jewish American Culture to the United States, and in doing so take 
one small step towards peace in the region.
  Mr. PORTER. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nevada (Mr. Porter) that the House suspend the rules and 
agree to the concurrent resolution, H. Con. Res. 315.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Ms. WASSERMAN SCHULTZ. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




   CONGRATULATING TONY STEWART ON WINNING THE 2005 NASCAR NEXTEL CUP 
                              CHAMPIONSHIP

  Mr. PORTER. Madam Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 587) congratulating Tony Stewart on winning the 
2005 NASCAR Nextel Cup Championship.
  The Clerk read as follows:

                              H. Res. 587

       Whereas Tony Stewart won NASCAR's Nextel Cup Championship 
     in 2005, the 57th season of NASCAR's premier series;
       Whereas Stewart finished with an amazing 6,533 points, the 
     most for any driver in the 2005 NASCAR series;
       Whereas Stewart in the 2005 series won 3 starting pole 
     positions, had 5 wins, 17 top 5 finishes, and 25 top 10 
     finishes;
       Whereas Stewart also won the Gatorade Duel 2, the Dodge/
     Save Mart 350, the Pepsi 400, the New England 300, and the 
     Sirius Satellite Radio at the Glen;
       Whereas Stewart's #20 car started in 22nd position, led the 
     most laps, and also finished first in the Allstate 400 at the 
     Brickyard, continuing Hoosier dominance at the Indianapolis 
     Motor Speedway's only NASCAR Nextel Cup race;
       Whereas Stewart is the recipient of Indiana's highest 
     honor, the Sagamore of the Wabash, which was awarded to him 
     by Governor Mitch Daniels on August 29, 2005, after Stewart 
     won the Allstate 400 at the Brickyard;
       Whereas Stewart has won 2 NASCAR Nextel Cup Championships 
     in only his 7th year in the NASCAR circuit;
       Whereas Stewart has won 8 other auto racing championships 
     in his career including the Indy Racing League;
       Whereas Stewart has ranked in the top 10 every season since 
     his 1999 rookie year and has never ranked lower than 7th in 
     the final point standings; and
       Whereas Stewart, who began racing in Indiana and excelled 
     at a very young age, was born in Columbus, Indiana, and 
     continues to have close ties with the State of Indiana and 
     the City of Columbus: Now, therefore, be it
       Resolved, That the House of Representatives congratulates 
     Tony Stewart for winning the 2005 NASCAR Nextel Cup 
     Championship.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nevada (Mr. Porter) and the gentleman from Illinois (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nevada.


                             General Leave

  Mr. PORTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H. Res. 587.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nevada?
  There was no objection.
  Mr. PORTER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H. Res. 587, which 
congratulates Tony Stewart on winning the 2005 NASCAR Nextel Cup 
Championship.
  Madam Speaker, as a NASCAR fan and frequent patron of the Las Vegas 
Motor Speedway, home of many NASCAR races, I am glad to be speaking on 
this resolution this evening.
  Tony Stewart has become the 14th driver in NASCAR history with more 
than one championship, despite a 15th place finish at the Homestead-
Miami Speedway on November 20. The finish solidified his reign in the 
NASCAR points chase.

                              {time}  2030

  He finished with a 35-point lead over fellow driver Greg Biffle to 
win the Cup. This is Stewart's second title in 4 years, and he joins 
Jeff Gordon as they claim the honor of being the only active full-time 
drivers with multiple titles.
  For Stewart, it was the perfect finish to a near-perfect season as he 
consistently stayed on top of the points board for 13 of the final 14 
weeks. He was on top at the start of the 10 race chase for the 
championship and fell off the leader board just once, when he dropped 
to fifth place after round two. Stewart soon found his way back to the 
top a week later and never looked back.
  I urge all Members to come together to congratulate Tony Stewart on 
an unforgettable season by adopting H. Res. 587.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H. Res. 587, congratulating Tony Stewart on 
winning the 2005 NASCAR Nextel Cup Championship.

[[Page 28372]]

  Mr. Speaker, born in Columbus, Indiana, in 1971, Tony Stewart has 
been winning races since the age of 16. He grew up racing go-carts and 
won the world carting championship in 1987. He raced three-quarter 
midgets for a handful of years and then moved up to the USAC series. 
Stewart was the USAC rookie of the year in 1991 and the National Midget 
Series Champion in 1994.
  In 1995, Stewart became the first driver to win USAC's version of the 
triple crown by earning championships in all three USAC major 
divisions, National Midget, Sprint and Silver Crown. Stewart burst onto 
the Nextel Cup scene in 1999 with more experience in the big leagues of 
motor sports than most other rookies. Posting three wins in his rookie 
season, he laughed off the often-experienced sophomore slump jinx with 
six more wins in 2000.
  Throughout his stellar career, Stewart has never finished a season 
outside of the top ten in points, including his brilliant 2002 
champion-winning season. His 2005 season was magical. In addition to 
taking his second Nextel Cup title, the 34-year-old realized a lifelong 
goal by winning the Brickyard 400 as part of an amazing summer that saw 
Stewart win five races in seven weeks.
  Stewart wrapped up his second NASCAR Nextel Cup championship in 
Sunday's Ford 400 at Homestead-Miami Speedway, the 57th season of 
NASCAR's premier series. Winning two NASCAR Nextel Cup Championships in 
only 7 years on the NASCAR circuit is quite an accomplishment. Tony 
Stewart is deserving of this resolution which recognizes and 
congratulates him for his accomplishments, and I would urge its passage 
and support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PORTER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Sodrel).
  Mr. SODREL. Mr. Speaker, I rise today to speak in support of this 
resolution. I was happy to offer this resolution honoring a constituent 
of mine, Tony Stewart, for one of the greatest accomplishments in motor 
sports, winning the 2005 NASCAR Nextel Cup.
  This resolution is co-sponsored by several of my colleagues from 
Indiana, Mr. Pence, Mr. Burton, Mr. Souder, Mr. Hostettler and Ms. 
Carson. This achievement is even more amazing considering this is Mr. 
Stewart's second NASCAR Cup win in only his seventh season competing on 
the NASCAR circuit. Not only has Mr. Stewart won two NASCAR 
championships, his resume is more impressive when you consider he has 
also won eight other auto racing championships, including the Indy 
Racing League.
  This season, NASCAR fans and even the casual spectator watching 
highlights on ESPN SportsCenter all saw Mr. Stewart's number 20 Home 
Depot/Joe Gibbs racing car capture the checkered flag in an orange and 
black blur six times during the season. These victories came at the 
Gatorade Duel 2, the Dodge Save Mart 350, the Pepsi 400, the New 
England 300, the Sirius Satellite Radio at the Glen and the Allstate 
400 at the Brickyard. It was at the Brickyard, Indiana's crown jewel on 
the NASCAR circuit, where Mr. Stewart started in the 22nd position and 
worked his way through the pack to lead the most laps on his way to 
victory.
  Mr. Stewart's path to his second championship started in his hometown 
of Columbus, Indiana. Just outside of Columbus is a town called 
Westport where he raced go-carts in 1978.
  Mr. Speaker, I will be submitting an article from the December 1, 
2005, edition of Sports Illustrated which eloquently highlights the 
career of Mr. Stewart.
  Sports Illustrated writer Lars Anderson writes about Mr. Stewart's 
hardworking Hoosier roots and his entry into the racing world: ``Tony 
Stewart was 22 years old and living rent-free in a friend's house in 
Rushville, Indiana, when he hit a crossroads. For months, he had been 
working in a machine shop 8 hours a day, 5 days a week, running a drill 
press for $5 an hour and wondering if he had what it took to become a 
professional racer. Then, one afternoon early in 1993, he asked his 
boss if he could borrow money for a ticket to Phoenix. The Copper World 
Classic, a USAC event for open-wheel cars at Phoenix International 
Raceway, was going to be held in a few days, and Stewart, who raced on 
the weekends in the Midwest, wanted to test his talent against West 
Coast drivers. So he asked his boss for a loan, and neither Stewart's 
life nor American motor sports have been the same since.''
  Indeed, American motor sports have never been the same since.
  Mr. Stewart won three carting championships, four USAC titles and the 
IRL crown before becoming the NASCAR Rookie of the Year in 1999 and 
winning his first NASCAR Winston Cup title in 2002.
  Mr. Stewart recalls to Mr. Andrews how he entered the world of 
professional auto racing. He said, ``I got the loan and wound up 
finishing second in the race, and I made $3,500.'' ``When I got home 
from Phoenix, I looked at the paycheck and calculated how long it would 
take me to make that much in the machine shop. I said to myself, It's 
now or never, and that's when I decided to go for it.''
  Mr. Speaker, that is the American dream, going for it; taking the 
risk; taking advantage of the opportunities. Mr. Stewart's rise to the 
top is indicative of his Hoosier work ethic and pride in a job well 
done. But Mr. Stewart should also be recognized for his accomplishments 
outside of motor sports. His commitment to philanthropy led him to 
start the Tony Stewart Foundation to help terminally ill children and 
to aid the families of drivers injured in motor sports.
  For his contributions to the State of Indiana, a State rich in motor 
sports history, Mr. Stewart was awarded the Sagamore of the Wabash, the 
State of Indiana's highest honor. Governor Mitch Daniels presented the 
award after Mr. Stewart's number 20 car and his crew won Indiana's only 
NASCAR Nextel Cup race, the Brickyard 400.
  This race is held annually at the most storied of racetracks in the 
world, the Indianapolis Motor Speedway in Speedway, Indiana. Mr. 
Stewart is not only held in respect by his fellow Hoosiers but by his 
fellow racers as well. His colleague Mark Martin said, ``Tony Stewart, 
in my eyes, is the greatest race car driver I have watched drive in 
this era. A.J. Foyt might have been that when I was a little boy, but 
Tony Stewart is my driving hero.''
  Dale Earnhardt, Jr., said, ``Tony's as talented as they come. He's 
also one of the most genuine guys in our sport. He was one of the few 
people who stepped up for me when my dad died. He's a guy who really 
cares about his friends, and I guarantee you this won't be the last 
championship he wins.''
  Jeff Gordon, a fellow Hoosier and four-time NASCAR Cup champion said, 
``Tony is a true American racer. You can put him in any car on any 
track and he'll be fast. He's good on the short tracks, the 
intermediate tracks, the restrictor-plate tracks and the road 
courses.''
  I am proud to honor Mr. Stewart, an American driver at the top of the 
racing world, a Hoosier, and a Ninth District constituent. I ask for my 
colleagues to support this resolution to congratulate him on his 
accomplishments.

                  [From Sports Illustrated, Dec. 2005]

                              The Champion

                           (By Lars Anderson)

       Tony Stewart was 22 years old and living rent-free in a 
     friend's house in Rushville, Ind., when he hit a crossroads. 
     For months he had been working in a machine shop, eight hours 
     a day, five days a week, running a drill press for $5 an hour 
     and wondering if he had what it took to become a professional 
     racer. Then, one afternoon early in 1993, he asked his boss 
     if he could borrow money for a ticket to Phoenix. The Copper 
     World Classic, a USAC event for open-wheel cars at Phoenix 
     International Raceway, was going to be held in a few days, 
     and Stewart, who raced on weekends in the Midwest, wanted to 
     test his talent against West Coast drivers. So he asked his 
     boss for a loan, and neither Stewart's life, nor American 
     motor sports, has been the same since.
       ``I got the loan and wound up finishing second in the race, 
     and I made $3,500,'' Stewart recalled as he sat in the back 
     of an Agusta helicopter that was carrying him to Homestead-
     Miami Speedway on Nov. 17 for the start of what Stewart would 
     later call the most important racing weekend of his life. 
     ``When I got home from Phoenix, I looked at

[[Page 28373]]

     the paycheck and calculated how long it would take me to make 
     that much in the machine shop. I said to myself, It's now or 
     never. And that's when I decided to go for it.''
       In NASCAR's season finale at Homestead, almost 13 years 
     after he made his decision, Stewart solidified his status as 
     one of the top drivers of his generation when he wrapped up 
     his second career Cup championship by coming in 15th in the 
     Ford 400. Stewart, who finished 35 points ahead of Greg 
     Biffle and Carl Edwards in the final standings, joined an 
     exclusive club: He became the 14th driver in NASCAR's 58-year 
     history to win multiple titles. Among current drivers, 
     Stewart is only the second to have won more than one Cup 
     championship. (Jeff Gordon, who has won four, is the other.) 
     Though Stewart didn't win any of the final 10 races of 2005, 
     his average finish of 8.7 during the Chase was second only to 
     Carl Edwards's 8.4. And during the final two thirds of the 
     season, Stewart was as consistent as any NASCAR driver in 
     recent memory: Over the final 22 races of '05 he finished in 
     the top 10 an astonishing 19 times.
       ``Tony Stewart, in my eyes, is the greatest race car driver 
     I've watched drive in this era,'' says Mark Martin. ``A.J. 
     Foyt might have been that when I was a little boy, but Tony 
     Stewart is my driving hero.''
       ``Tony is a true American racer,'' says Gordon. ``You can 
     put him in any car on any track, and he'll be fast. He's good 
     on the short tracks, the intermediate tracks, the restrictor-
     plate tracks and the road courses.''
       ``Tony's as talented as they come,'' says Dale Earnhardt 
     Jr. ``He's also one of the most genuine guys in our sport. He 
     was one of the few people who stepped up for me when my dad 
     died. He opened his home to me and offered me his car, his 
     helicopter. He's a guy who really cares about his friends, 
     and I guarantee you this won't be the last championship he 
     wins.''
       For Stewart, though, it will be a hard one to top in terms 
     of satisfaction. ``It's been a very special year,'' he says 
     of a title run that was far less stormy than his previous 
     one. ``This championship means 10 times more than the one I 
     won in 2002. I've had more fun this year than at any time in 
     my life.''
       All season long Stewart could be seen smiling when he 
     talked to his crew and hamming it up with the media. Which 
     prompts the question: What happened to Tempestuous Tony, the 
     hothead nicknamed Smoke, who infamously shoved a photographer 
     in 2002 and used to challenge other drivers to fights in the 
     garage?
       To understand Stewart's dramatic change in demeanor, you 
     must go back to the final race of 2004. Minutes after Stewart 
     hopped out of his Home Depot Chevy at Homestead, he told 
     friends that he was packing his bags and heading west. For 
     six years he had lived just north of Charlotte, the hub of 
     NASCAR, but now he had decided to move back to his childhood 
     home in Columbus, Ind. The move made Stewart happy, and it 
     transformed his team. ``I can hit the reset button here--and 
     nobody bothers me,'' he said one day last summer. ``My 
     neighbors think of me as the same punk kid who smacked 
     baseballs into their aluminum siding.''
       Relaxed and upbeat, Stewart improved not just his attitude 
     but also his listening skills. The communication between 
     Stewart and his crew in 2005 was as free-flowing as it has 
     ever been in his six-year Cup career. In October '04, in a 
     meeting at Joe Gibbs Racing in Charlotte, several crewmen 
     told Stewart that in the past his heat-of-the-moment tongue-
     lashings had bruised egos. As a result, some in the crew were 
     reluctant to speak to Stewart when problems arose.
       ``That meeting really opened my eyes,'' says Stewart. ``I'm 
     only 5'8'' and 185 pounds, but I can intimidate people. That 
     had to stop because my guys need to be able to talk to me 
     about anything.''
       ``Tony moving home has meant everything to our team,'' says 
     shock specialist Ronny Crooks. ``Instead of looking at 
     problems, Tony now looks at solutions.''
       That positive attitude carried the team all year, from the 
     ups and downs of spring, through a red-hot summer (sparked by 
     a test session at Michigan in which Stewart and crew chief 
     Greg Zipadelli hit on a key suspension setup), to a carefully 
     controlled Chase, to the final lap at Homestead, ending a 
     season that will stand out in NASCAR history. ``I've never 
     really thought about where my place in the history of the 
     sport will ultimately be,'' says Stewart. ``I've got a lot 
     more to accomplish, and hopefully I'll win a few more 
     championships.''
       While Stewart is clearly driving toward the pantheon of the 
     alltime great American racers--a place where Earnhardt, Foyt, 
     Pearson and Petty all reside--he already shares one trait 
     with the legends: He likes to give the fans a show. So, late 
     in the evening of Nov. 20, at the urging of a few hundred 
     fans still in the Homestead grandstand an hour after the 
     race, Stewart scaled the catch-fence at the start-finish 
     line. As he triumphantly raised his arm, flashbulbs popped, 
     capturing what surely will be the defining image of NASCAR's 
     2005 season.

  Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she may 
consume to the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentleman for yielding me time.
  Coming from Texas, we well know the importance and the excitement 
around NASCAR drivers and NASCAR participants and those who enjoy the 
excitement of this sport. And so I rise to briefly salute the sport.
  Being from Texas, I can assure you that there are thousands and 
thousands of fans to pay tribute to Mr. Stewart, who has been winning 
races since the age of 18. His record of being one of the triple crown 
winners in all three USAC major divisions, the National Midget, Sprint 
and Silver Crown, means that he is part of a growing and exciting 
sport. So it gives me great pleasure to join my colleagues as well and 
to support this initiative, H. Res. 587, to honor and salute him.
  Mr. Speaker, I was unable to join my colleagues on the floor of the 
House as the gentlewoman from Florida (Ms. Wasserman Schultz) brought 
forward H. Con. Res. 315, which really speaks to the sensitivities of 
being an American. And that is the urging of the President to issue a 
proclamation for the observance of an American Jewish History Month.
  I think it makes America better when we understand each other's 
history. We all come from diverse communities and certainly have grown 
up understanding the importance of the American Jewish community and 
also the importance of the relationship between Israel and the United 
States and the contributions that those who come from throughout Europe 
and other places around the world of Jewish heritage who have now come 
to America and made some great contribution, whether it is medicine, 
politics, academics, science.
  We know that the American Jewish community has had an enormous 
history and impact on America. We also know, as a member of the broad 
American psyche, that the American Jewish community certainly has been 
a leader in the civil rights efforts of all Americans. It was very much 
the American Jewish community that worked alongside Dr. Martin Luther 
King, who understood the importance of the freedom of speech and the 
freedom of the first amendment. And so I think that this resolution 
that Ms. Wasserman Schultz offered on the floor of the House, H. Con. 
Res. 315, should draw the support of all of our colleagues.
  It makes America whole. It makes America embracing when we 
acknowledge and understand the history of all Americans.
  Allow me to conclude, as I listened to the debate as I was in another 
meeting, regarding H. Res. 579, regarding the symbols of Christmas, I 
do not think there is anything one can say other than we are a great 
country because we do have diversity and faith, diversity in 
background. I listened to the debate, although I could not join it as I 
was in meetings, but I think the simple premise should be that we 
welcome the freedom to worship and celebrate as our faiths and our 
cultures dictate.
  There are so many good wishes that we could offer during this season. 
Just a few weeks ago was Ramadan, and certainly, we can wish many 
others happy Chanukah, and certainly, there are those who celebrate and 
commemorate and praise the name of Christmas in the spirit of merry 
Christmas.
  I know that some thought H. Res. 579 was a bill that needed to be 
brought to the floor, but what I want to say, Mr. Speaker, is that none 
of my constituents has ever approached me to suggest that we should 
stop saying Merry Christmas or anyone has ever been offended because I 
might have said happy holidays and they celebrate Christmas.
  So why do I not conclude, it seems this may be a vote on the House, 
to say that I will enthusiastically vote for this bill, but at the same 
time, I am going to offer to this body that we should be respecting of 
the different faiths of many different people. And hopefully, by 
casting a vote for this initiative, H. Res. 579, we will not be casting 
a vote for discrimination or offense to anyone, but we really will be 
saying that however you express yourself, we welcome it.

[[Page 28374]]

  There should be many more bills like this or it should have been a 
comprehensive bill. But I simply close my remarks by thanking the 
gentleman from Illinois (Mr. Davis) for his leadership, thanking the 
sponsor for the original underlying bill honoring Mr. Stewart, H. Res. 
587, congratulating the gentlewoman from Florida (Ms. Wasserman 
Schultz) on the urging of the President to issue a proclamation for the 
observance of American Jewish History Month.
  I conclude by saying Merry Christmas, happy holidays and Happy New 
Year.

                              {time}  2045

  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may 
consume.
  I do not believe that I am going to have any other requests for time, 
and so I am prepared to simply close and yield back.
  I want to commend the gentleman from Indiana. I come from Chicago 
where we have the Chicago White Sox and I represent them, and so I know 
what it feels like to have a champion. I commend him for introducing 
this resolution.
  I also want to take this opportunity, Mr. Speaker, to simply say to 
the gentleman from Nevada (Mr. Porter), the chairman of our 
subcommittee and his staff, that it has indeed been a pleasure working 
with you and your staff this entire year, and we look forward to coming 
back at the end of January.
  As we go and take all of this time off and be that much away from 
each other, I certainly want to wish for you and your staff and your 
family a merry Christmas and a happy holiday season. It has been a 
pleasure working with you.
  Mr. Speaker, I yield back the balance of our time.
  Mr. PORTER. Mr. Speaker, I yield myself such time as I may consume.
  First, my congratulations to the gentlewoman from Florida (Ms. 
Wasserman Schultz). I think it is very appropriate and appreciate her 
bringing the bill to the floor recognizing such an important part of 
our culture.
  To the gentleman from Illinois (Mr. Davis), my ranking member of the 
subcommittee, I must say I have learned many things from him this year. 
He truly provides great leadership. He and his staff, too, have been a 
pleasure to work with, but I say certainly out of all due respect that 
the gentleman from Illinois (Mr. Davis) comes highly thought of to the 
committee. It has been a pleasure working with him and his 
professionalism, and I, too, look forward to 2006 and say that to his 
staff and to Mr. Davis, of course, the best, a happy holiday season, a 
very special merry Christmas and happy Chanukah and for the kind words 
mentioned by some of your colleagues.
  We live in such a great Nation with a diverse background. We have had 
many problems through the years, and we still will have problems in the 
future; but I think that this body shows consistently, and continues to 
show, respect for that diversity. So I, again, say thank you and ask 
for Members to support the bill.
  Mr. Speaker, I yield back the balance of our time.
  The SPEAKER pro tempore (Mr. Conaway). The question is on the motion 
offered by the gentleman from Nevada (Mr. Porter) that the House 
suspend the rules and agree to the resolution, H. Res. 587.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




   RECOGNIZING COMMODORE JOHN BARRY AS THE FIRST FLAG OFFICER OF THE 
                           UNITED STATES NAVY

  Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 38) recognizing Commodore John Barry as the 
first flag officer of the United States Navy.
  The Clerk read as follows:

                              H.J. Res. 38

       Whereas John Barry, American merchant marine captain and 
     native of County Wexford, Ireland, volunteered his services 
     to the Continental Navy during the American War for 
     Independence and was assigned by the Continental Congress as 
     captain of the Lexington, taking command of that vessel on 
     March 14, 1776, and later participating in the victorious 
     Trenton campaign;
       Whereas the quality and effectiveness of Captain John 
     Barry's service to the American war effort was recognized not 
     only by George Washington but also by the enemies of the new 
     Nation;
       Whereas Captain John Barry rejected British General Lord 
     Howe's flattering offer to desert Washington and the patriot 
     cause, stating: ``Not the value and command of the whole 
     British fleet can lure me from the cause of my country.'';
       Whereas Captain John Barry, while in command of the frigate 
     Alliance, successfully transported French gold to America to 
     help finance the American War for Independence and also won 
     numerous victories at sea;
       Whereas when the First Congress, acting under the new 
     Constitution of the United States, authorized the raising and 
     construction of the United States Navy, it was to Captain 
     John Barry that President George Washington turned to build 
     and lead the new Nation's infant Navy, the successor to the 
     Continental Navy of the War for Independence;
       Whereas Captain John Barry supervised the building of his 
     flagship, the U.S.S. United States;
       Whereas on February 22, 1797, President Washington 
     personally conferred upon Captain John Barry, by and with the 
     advice and consent of the Senate, the rank of Captain, with 
     ``Commission No. 1'', United States Navy, dated June 7, 1794;
       Whereas John Barry served as the senior officer of the 
     United States Navy, with the title of ``Commodore'' (in 
     official correspondence), under Presidents Washington, John 
     Adams, and Jefferson;
       Whereas as commander of the first United States naval 
     squadron under the Constitution of the United States, which 
     included the U.S.S. Constitution (``Old Ironsides''), John 
     Barry was a Commodore, with the right to fly a broad pendant, 
     which made him a flag officer; and
       Whereas in this sense it can be said that Commodore John 
     Barry was the first flag officer of the United States Navy: 
     Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,  That 
     Commodore John Barry is recognized, and is hereby honored, as 
     the first flag officer of the United States Navy.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Virginia (Mrs. Drake) and the gentleman from North Carolina (Mr. 
Butterfield) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia.


                             General Leave

  Mrs. DRAKE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.J. Res. 38, the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.
  Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.J. Res. 38. This resolution 
recognizes Commodore John Barry as the first flag officer of the United 
States Navy. Born in 1745, John Barry came to America as a young seaman 
and became a great American patriot and warrior during the 
Revolutionary War.
  John Barry's contributions during the Revolutionary War were 
unparalleled. He was the first captain to capture a British vessel on 
the high seas; and while waiting for a warship to be built, he also 
fought on the land with a company of marines at the Battles of Trenton 
and Princeton.
  When he assumed command of his favorite ship, the frigate Alliance, 
he captured two British ships after being severely wounded during a 
ferocious sea battle. In all, he captured over 20 ships and fought the 
last sea battle of the war at the helm of the frigate Alliance in 1783.
  After the war, he was appointed the head of the United States Navy by 
President George Washington. He was so highly regarded that his 
contemporaries labeled him the Father of the American Navy.
  Today, with this resolution, we honor Commodore John Barry as the 
first Navy officer authorized to fly his own pennant.

[[Page 28375]]

  Mr. Speaker, I particularly want to thank my House colleague, the 
gentleman from New York (Mr. King), for introducing this resolution. I 
urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I, too, rise in support of H.J. Res. 38, honoring 
Commodore John Barry as the first flag officer of the United States 
Navy. I want to recognize and thank the gentlewoman from Virginia (Mrs. 
Drake), my friend, for her support of this resolution now before the 
House.
  Mr. Speaker, H.J. Res. 38 is a tribute to a man recognized as the 
Father of the American Navy. Unfortunately, I suspect most Americans 
today probably do not remember Commodore Barry, let alone his gallant 
and heroic actions during the American Revolution.
  John Barry was born in Wexford, Ireland, in 1745. A son of a poor 
Irish farmer, young John followed his uncle, Nicholas Barry, to sea, 
starting out as a ship's cabin boy and ultimately becoming the senior 
commander of the entire United States fleet.
  In 1766, Barry had his first command aboard the schooner Barbadoes, 
which sailed out of his home port of Philadelphia. Philadelphia became 
home to John Barry, not only because it was an emerging maritime trade 
center but because it was also an environment which promoted religious 
freedom.
  Upon his return from a trade voyage to England, John Barry found that 
the Colonies and Great Britain were at war. As the war for independence 
began, Barry was given the responsibility for ensuring that all the 
Continental Navy ships sailing from Philadelphia were outfitted and 
provisioned appropriately.
  For his exemplary service to our young Nation, John Barry was awarded 
a captain's commission in the Continental Navy on March 14, 1776. With 
his commission came command of a new 14-gun ship named the Lexington. 
On April 7, 1776, Captain Barry captured the British ship Edward. It 
was the first capture of a British warship by a regularly commissioned 
American cruiser.
  In 1777, Mr. Speaker, the British assaulted Philadelphia, and Captain 
Barry was forced to scuttle his new ship, the Effingham. While the 
Effingham was under construction, Barry volunteered his service to the 
Continental Army and served with a company of marines under the command 
of General John Cadwalader. He fought at the Battles of Trenton and 
Princeton, but by March 1778, Barry was back on the sea.
  His heroic deeds during the American Revolution were remarkable. He 
is credited with the capture of over 200 British ships. He was known to 
have quelled three mutinies, and he authored a signal book that was 
used to communicate between ships.
  On February 22, 1797, President George Washington conferred the first 
naval commission in the United States Navy on John Barry and gave him 
the rank of captain.
  Captain Barry served as commodore of the U.S. Navy under three 
Presidents: Washington, Adams, and Jefferson. As commander of the first 
naval squadron, Commodore Barry was entitled to fly a pendant, which 
made him, in essence, the Nation's first naval flag officer.
  Commodore Barry's last day on active duty was March 6, 1801, but he 
continued to remain the head of the Navy until his death on September 
12, 1803.
  This resolution, Mr. Speaker, is an effort to honor Commodore John 
Barry for his outstanding contributions to the Continental Navy and for 
his extraordinary accomplishments as the Nation's first flag officer of 
the United States Navy.
  Mr. Speaker, I again thank the gentlewoman from Virginia (Mrs. Drake) 
for her support of this resolution. I want to thank my colleagues and 
urge support for this resolution.
  Mr. KING of New York. Mr. Speaker, today I rise in support of H.J. 
Res. 38, a resolution which honors and recognizes Commodore John Barry 
as the first flag officer of the United States Navy.
  An American merchant marine captain and native of County Wexford, 
Ireland, John Barry volunteered for the Continental Navy during the 
American Revolution. During his 17 years of service, Commodore Barry's 
naval expertise was instrumental in defeating the British as well as 
building and leading our new Nation's infant Navy. In addition, he 
commanded the first U.S. Naval squadron, served as the senior officer 
in the U.S. Navy (the equivalent of the current position of Chief of 
Naval Operations) under Presidents George Washington, John Adams, and 
Thomas Jefferson, and supervised the construction of the USS United 
States.
  Throughout his career, from taking command of the Lexington to 
participating in the victorious Trenton and Princeton campaigns, 
Barry's contributions to the American war effort were monumental. 
Dubbed the ``Father of the American Navy,'' Commodore Barry continued 
his service to our country by supervising the construction of the first 
Naval frigates and urging the creation of the Department of the Navy.
  I urge the House of Representatives to pass H. J. Res. 38 and 
recognize Commodore John Barry as the first flag officer of the United 
States Navy.
  Mr. BUTTERFIELD. Mr. Speaker, if I have no more speakers, and I do 
not think that I do at this time, I yield back the balance of my time.
  Mrs. DRAKE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Virginia (Mrs. Drake) that the House suspend the rules 
and pass the joint resolution, H.J. Res. 38.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed without amendment a bill of the House of the 
following title:

       H.R. 327. An act to allow binding arbitration clauses to be 
     included in all contracts affecting land within the Gila 
     River Indian Community Reservation.

  The message also announced that the Senate has passed a bill of the 
following title in which concurrence of the House is requested:

       S. 449. An act to facilitate shareholder consideration of 
     proposals to make Settlement Common Stock under the Alaska 
     Native Claims Settlement Act available to missed enrollees, 
     eligible elders, and eligible persons born after December 18, 
     1971, and for other purposes.

                          ____________________




                CONGRESSIONAL AWARD ACT REAUTHORIZATION

  Ms. FOXX. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 335) to reauthorize the Congressional Award Act.
  The Clerk read as follows:

                                 S. 335

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REAUTHORIZATION OF THE CONGRESSIONAL AWARD ACT.

       (a) Extension of Requirements Regarding Financial 
     Operations of Congressional Award Program; Noncompliance With 
     Requirements.--Section 104(c)(2)(A) of the Congressional 
     Award Act (2 U.S.C. 804(c)(2)(A)) is amended by striking 
     ``and 2004'' and inserting ``2004, 2005, 2006, 2007, 2008, 
     and 2009''.
       (b) Termination.--
       (1) In general.--Section 108 of the Congressional Award Act 
     (2 U.S.C. 808) is amended by striking ``October 1, 2004'' and 
     inserting ``October 1, 2009''.
       (2) Savings provision.--During the period of October 1, 
     2004, through the date of the enactment of this section, all 
     actions and functions of the Congressional Award Board under 
     the Congressional Award Act (2 U.S.C. 801 et seq.) shall have 
     the same effect as though no lapse or termination of the 
     Board ever occurred.
       (c) Technical Amendments.--The Congressional Award Act is 
     amended--
       (1) in section 103 (2 U.S.C. 803)--
       (A) in subsection (a)(1) (B) and (C), by striking ``a a 
     local'' and inserting ``a local''; and
       (B) in subsection (b)(3)(B), by striking ``section'' each 
     place it appears and inserting ``subsection''; and
       (2) in section 104(c)(2)(A) (2 U.S.C. 804(c)(2)(A)), by 
     inserting a comma after ``1993''.


[[Page 28376]]


  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
North Carolina (Ms. Foxx) and the gentleman from New Jersey (Mr. Holt) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from North Carolina.


                             General Leave

  Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on S. 335.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from North Carolina?
  There was no objection.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Today, the House considers S. 335, a bill which would reauthorize the 
Congressional Award Act. The Congressional Award program was 
established by PL 96-114 in 1979 to promote initiative, achievement, 
and excellence among youths aged 14 to 23. Award recipients complete a 
self-designed program of challenging, but achievable, goals in four 
program areas: voluntary service, personal development, physical 
fitness, and expedition/exploration.
  Program participants can work toward a Congressional Award 
certificate or medal. In either category, there are three achievement 
levels: gold, silver, and bronze. Minimum requirements must be met 
regarding the number of hours devoted to each of the four program 
areas, total hours worked toward the award, and the duration of the 
participant's efforts.
  Senators and Representatives present the awards at local, city, or 
State ceremonies. It was my great pleasure to make a presentation of 
the silver award recently in my district to Cameron Harris. Cameron 
exemplifies all the positive aspects of the Congressional Award. Making 
that presentation was one of the highlights of my first year in 
Congress.
  Gold medal recipients are recognized each year at the Congressional 
Award Gold Ceremony at the U.S. Capitol, and I look forward to making a 
presentation in the near future to Cameron.
  In 2000, the Congressional Award Act was amended by PL 106-533 to 
establish a congressional recognition for excellence in arts education. 
This act established a nine-member congressional board to recognize 
schools that promote excellence in arts education.
  The Congressional Award program is administered by the Congressional 
Award Board, which is a nonprofit 503(c)(3) private-public partnership 
that is statutorily prohibited from receiving Federal funds. In lieu of 
Federal funding, the board is supported by charitable contributions and 
is authorized to receive in-kind services from the Federal Government, 
including free office space and an annual audit by the General 
Accountability Office, GAO.

                              {time}  2100

  S. 335 maintains current law by continuing the prohibition on Federal 
funding and provides a straight reauthorization that extends current 
law in-kind services for another 5 years.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume, and 
I rise in support of S. 335, the bill to reauthorize the Congressional 
Award Act, and I am proud to be an original cosponsor of the House 
companion bill.
  This public-private partnership gives the opportunity to young people 
to set and achieve personally challenging goals that build character 
and foster community service, personal development, and citizenship. To 
earn a Congressional Award, as the gentlewoman from North Carolina 
said, participants set and achieve individual goals in the areas of 
public service, personal development, physical fitness and expeditions.
  We in New Jersey are particularly proud of the Congressional Award 
because the sponsor of the bill originally, 26 years ago, here in the 
House of Representatives, was Representative Jim Howard of New Jersey. 
The award is so good because all young people are equally able to earn 
the Congressional Award because the goals set are based on individual 
interests and ability. The young person is not selected to receive the 
Congressional Award; she or he earns it.
  The Congressional Award facilitates neighborhood networks, enabling 
disadvantaged youth to become part of a community. It attracts youth 
from all backgrounds. The Congressional Award program fits nicely with 
extracurricular activities in schools and various youth programs, 
including Key Clubs, Service Clubs, Scouting, 4-H, and so forth. I have 
seen the program provide an opportunity for young people to learn from 
adults who will encourage and support them along the way to earning the 
Congressional Award.
  The award program looks to teachers, guidance counselors, leaders of 
school and youth groups to spread the word about the program. The award 
can act as an important component for the personal development of young 
people. The program establishes a sense of self-confidence and helps 
enhance problem-solving skills. And perhaps the most important lesson, 
certainly one of the most important lessons that people can learn, is 
how to set achievable goals and then how to achieve them.
  Created by Congress 26 years ago, the Congressional Award receives no 
Federal funding. It is fully funded by charitable contributions. 
However, Congress has assisted the program by authorizing the U.S. Mint 
to strike medals presented to the recipients. Members of the House and 
of the Senate recognize their constituents who earn Bronze, Silver and 
Gold medals. The winners of the Gold Medal Award participate in a 
ceremony here in Washington held annually.
  This year, the number of Gold Medal recipients represented more than 
25 States. The 12th Congressional District of New Jersey, my district, 
is pleased and proud to have 1,004 active participants, more than any 
other district in the country. There were five Gold Medalists from the 
12th District in 2005. There is already a Gold Medalist approved for 
2006, and I expect more. I look forward to presenting the awards to 
them and to dozens of Bronze and Silver Award winners.
  Mr. Speaker, I urge my colleagues to support the Congressional Award 
Act.
  Mr. OWENS. Mr. Speaker, I proudly rise today in support of the re-
authorization of the Congressional Awards Program and to express my 
appreciation for the outstanding benefits it brings to my constituents 
and community. Congress established The Congressional Award in 1979 to 
recognize initiative, achievement and service in young people. The 
enabling legislation (Public Law 96-114) established the Congressional 
Award as a private-public partnership, receiving all funding from the 
private sector.
  Program participants choose what they will do to earn the award based 
on their own interests and abilities. Participants are honored for 
achieving their goals. Participants earn Bronze, Silver and Gold 
Congressional Award Certificates and Bronze, Silver and Gold 
Congressional Award Medals. Each award level involves setting goals in 
four program areas: Volunteer Public Service, Personal Development, 
Physical Fitness, and Expedition/Exploration.
  Members of Congress usually present the Award in a ceremony within 
their Congressional District, but the highest award, the Congressional 
Award Gold Medal, is presented in the Capitol in Washington, DC. I have 
been delighted to present 8 Gold Medals to constituents over the last 4 
years. Not only have I seen young people from my district participate 
in the program, but many adults, teachers, guidance counselors, youth 
leaders, and friends have served as Congressional Award advisors and 
mentors.
  Regardless of the situation, youth can earn the Congressional Award. 
The program is open to young people from 14- to 23 years old and it 
accommodates people with special needs or disabilities. There are no 
minimum grade point average requirements. Participants must select an 
unrelated adult to act as their advisor. There are more than 13,000 
young people presently working to earn a Congressional Award--a number 
that is growing rapidly.
  The Congressional Award is about challenge. Awards are earned--not 
won. Participants work entirely at their own pace over an extended 
period of time so that the value of volunteer service, staying fit, 
learning new skills and exploring new places and activities are made 
part of the young person's lifestyle. The Congressional Award fosters 
service, initiative and achievement. The Award builds

[[Page 28377]]

leadership, confidence and self-esteem in countless young people as 
they grow into product citizens in all walks of life.
  For those who sincerely want to promote positive activities among the 
youth of our Nation the Congressional Award Program is an ideal 
national vehicle. That so few Members of the House and the Senate 
sponsor candidates is a shameful tragedy. Certainly the program would 
not be experiencing its present fiscal difficulties if the private 
sector discerned that their Washington legislators really cared. We are 
missing a golden opportunity to do a great amount of good at a very low 
cost.
  Today, Mr. Speaker, I rise in support of the Congressional Award 
Program as a significant instrument in our efforts to reach out to 
young people across the Nation and encourage them to get involved in 
community service. I encourage my colleagues to support the 
Congressional Award not only by re-authorizing the program for another 
5 years, but also by Members becoming involved in their districts.
  Mr. WICKER. Mr. Speaker, I am pleased to support a congressional 
program that builds character and fosters community service, personal 
development and citizenship in young Americans--the Congressional Award 
program. Established in 1979, the Congressional Award is the highest 
honor Congress bestows upon young people.
  Any interested, motivated youth age 14 to 23 may participate. The 
Congressional Award adapts to meet the needs of each participant. 
Students set goals according to their own interests and level of 
abilities. Congressional award recipients represent the best of 
America. They are required to have committed to bettering themselves 
and to giving back to the communities in which they reside. It is the 
making of fulfilling of that commitment that makes these young people 
so extraordinary.
  Over 650 young people in Mississippi are actively pursuing a 
Congressional Award. Many of these participants are currently involved 
with Hurricane Katrina relief efforts as a part of their volunteer 
service commitment. Last year 15 Mississippi youths earned the 
Congressional Award Gold Medal by serving over 400 hours of volunteer 
community service and 200 hours each in personal development and 
physical fitness.
  2005 Gold Medal recipient William Fleming of Vardaman, MS, says this 
of his experience: ``I gained a renewed sense of accomplishment and 
self worth that cannot be replaced. I got all of this from the 
activities that I completed in the Congressional Award program.''
  Participation in this program is growing rapidly. Over 2,700 
Congressional awards were earned in fiscal year 2005--an increase of 
100 percent from just 5 years ago. On June 22, 2005, Members of 
Congress presented 242 young people with Gold Medals--our highest 
number to date. In 2006, that number will most likely exceed 300. As a 
long time supporter of the Congressional Award, I encourage my fellow 
colleagues to reauthorize this outstanding program.
  Mr. HOLT. Mr. Speaker, I yield back the balance of my time.
  Ms. FOXX. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Conaway). The question is on the motion 
offered by the gentlewoman from North Carolina (Ms. Foxx) that the 
House suspend the rules and pass the Senate bill, S. 335.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




       TO PROVIDE CERTAIN AUTHORITIES FOR THE DEPARTMENT OF STATE

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4436) to provide certain authorities for the 
Department of State, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4436

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REDI CENTER.

       (a) Authorization.--The Secretary of State is authorized to 
     provide for the participation by the United States in the 
     Regional Emerging Diseases Intervention Center (in this 
     section referred to as ``REDI Center'') in Singapore, as 
     established by the Agreement described in subsection (c).
       (b) Consultation and Report.--
       (1) Consultation.--Prior to the review required under 
     Article 6.3 of the Agreement described in subsection (c), the 
     Secretary shall consult with the Committee on International 
     Relations of the House of Representatives and the Committee 
     on Foreign Relations of the Senate.
       (2) Report.--In connection with the submission of the 
     annual congressional budget justification, the Secretary 
     shall report on efforts undertaken at the REDI Center with 
     regard to bioterrorism concerns.
       (c) Agreement Described.--The Agreement referred to in this 
     section is the Agreement between the Governments of the 
     United States of America and the Republic of Singapore 
     Establishing the Regional Emerging Diseases Intervention 
     Center, done at Singapore, November 22, 2005.

     SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.

       Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 
     4084) is amended by adding at the end the following new 
     subsection:
       ``(g) Reimbursements paid to the Department of State for 
     funding the costs of medical care abroad for employees and 
     eligible family members shall be credited to the currently 
     available applicable appropriation account. Such 
     reimbursements shall be available for obligation and 
     expenditure during the fiscal year in which they are received 
     or for such longer period of time as may be provided in 
     law.''.

     SEC. 3. ACCOUNTABILITY REVIEW BOARDS.

       Section 301(a) of the Diplomatic Security Act (22 U.S.C. 
     4831(a)) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Facilities in afghanistan and iraq.--
       ``(A) Limited exemptions from requirement to convene 
     board.--The Secretary of State is not required to convene a 
     Board in the case of an incident that--
       ``(i) involves serious injury, loss of life, or significant 
     destruction of property at, or related to, a United States 
     Government mission in Afghanistan or Iraq; and
       ``(ii) occurs during the period beginning on October 1, 
     2005, and ending on September 30, 2009.
       ``(B) Reporting requirements.--In the case of an incident 
     described in subparagraph (A), the Secretary shall--
       ``(i) promptly notify the Committee on International 
     Relations of the House of Representatives and the Committee 
     on Foreign Relations of the Senate of the incident;
       ``(ii) conduct an inquiry of the incident; and
       ``(iii) upon completion of the inquiry required by clause 
     (ii), submit to each such Committee a report on the findings 
     and recommendations related to such inquiry and the actions 
     taken with respect to such recommendations.''.

     SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND 
                   DANGER PAY ALLOWANCES.

       (a) Repeal of Limited-Scope Effective Date for Previous 
     Increase.--Subsection (c) of section 591 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2004 (division D of Public Law 108-199) 
     is repealed.
       (b) Post Differentials.--Section 5925(a) of title 5, United 
     States Code, is amended in the third sentence by striking 
     ``25 percent of the rate of basic pay or, in the case of an 
     employee of the United States Agency for International 
     Development,''.
       (c) Danger Pay Allowances.--Section 5928 of title 5, United 
     States Code, is amended by striking ``25 percent of the basic 
     pay of the employee or 35 percent of the basic pay of the 
     employee in the case of an employee of the United States 
     Agency for International Development'' both places that it 
     appears and inserting ``35 percent of the basic pay of the 
     employee''.
       (d) Criteria.--The Secretary of State shall inform the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate of the criteria to be used in determinations of 
     appropriate adjustments in post differentials under section 
     5925(a) of title 5, United States Code, as amended by 
     subsection (b), and danger pay allowances under section 5928 
     of title 5, United States Code, as amended by subsection (c).
       (e) Study and Report.--Not later than two years after the 
     date of the enactment of this Act, the Secretary of State 
     shall conduct a study assessing the effect of the increases 
     in post differentials and danger pay allowances made by the 
     amendments in subsections (b) and (c), respectively, in 
     filling ``hard-to-fill'' positions and shall submit a report 
     of such study to the committees specified in subsection (d) 
     and to the Committee on Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.

     SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD 
                   PROCEDURES.

       Section 1106(8) of the Foreign Service Act of 1980 (22 
     U.S.C. 4136(8)) is amended in the first sentence--
       (1) by inserting ``the involuntary separation of the 
     grievant (other than an involuntary separation for cause 
     under section 610(a)),'' after ``considering''; and
       (2) by striking ``the grievant or'' and inserting ``the 
     grievant, or''.

[[Page 28378]]



     SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.

       Section 504(c) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (Public Law 107-228) is amended by striking 
     ``December 31, 2005'' and inserting ``December 31, 2006''.

     SEC. 7. OFFICIAL RESIDENCE EXPENSES.

       Section 5913 of title 5, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Funds made available under subsection (b) may be 
     provided in advance to persons eligible to receive 
     reimbursements.''.

     SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS 
                   EDUCATION BENEFITS.

       Section 305(a) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6204(a)) is amended by 
     inserting after paragraph (18) the following new paragraph:
       ``(19)(A) To provide for the payment of primary and 
     secondary school expenses for dependents of personnel 
     stationed in the Commonwealth of the Northern Mariana Islands 
     (CNMI) at a cost not to exceed expenses authorized by the 
     Department of Defense for such schooling for dependents of 
     members of the Armed Forces stationed in the Commonwealth, if 
     the Board determines that schools available in the 
     Commonwealth are unable to provide adequately for the 
     education of the dependents of such personnel.
       ``(B) To provide transportation for dependents of such 
     personnel between their places of residence and those schools 
     for which expenses are provided under subparagraph (A), if 
     the Board determines that such schools are not accessible by 
     public means of transportation.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume, and I want to point out to my colleagues and remind them 
that last July, July 20 to be exact, by a vote of 351-78, the House 
passed a very comprehensive piece of legislation, H.R. 2601, the 
Foreign Relations Authorization Act for fiscal years 2006 and 2007. 
That bill, regrettably, is stalled over in the other body, so this is a 
much scaled-down version that will provide some very important 
authorities to the Department of State, and I will just briefly outline 
that bill at this point.
  First, H.R. 4436 provides for U.S. participation in the Regional 
Emerging Disease Intervention Center, or REDI Centers, in Singapore. 
This provision will allow the U.S. Government to detail Health and 
Human Services infectious disease experts to the center to work with 
their Asian counterparts, by providing training and research to prevent 
and respond to disease outbreaks and bioterror attacks, such as the 
avian flu and SARS. Not only will this help prevent the spread of the 
epidemic abroad, it will also be a vital step in protecting American 
citizens at home from this and other deadly viruses.
  Second, H.R. 4436 addresses key personnel issues which will 
strengthen the Department of State's ability to manage its people and 
resources. I have always believed, Mr. Speaker, that personnel is 
policy, and how we take care of our foreign service officers abroad, 
many of whom operate under dangerous and difficult conditions, has 
great impact on how the U.S. is perceived abroad. H.R. 4436 increases 
the maximum post-differential and danger pay allowance that may be 
given to an FSO of the Department of State to 35 percent of base pay, 
bringing it in line with allowances offered to USAID personnel.
  Other provisions will restore grievance rights to those being 
separated for cause and provides funding for educational expenses for 
dependents of the Broadcasting Board of Governors personnel stationed 
at the Northern Mariana Islands if the board determines that the 
commonwealth schools are unable to be recognized as an adequate 
education.
  I would just point out that, earlier, we had a very good briefing 
with Secretary of State Condoleezza Rice, who spoke to that very issue 
of the difficulty of attracting experienced State Department personnel 
for those overseas missions that have great risk affixed to them. She 
was very glad to hear that this bill would be coming to the floor, as 
my good friend and colleague, Mr. Lantos, who was there at that 
briefing, heard as well.
  Third, the bill makes discretionary the convening of an 
Accountability Review Board in the case of an incident involving 
serious injury, loss of life or significant destruction of property at 
or related to a U.S. Government mission in Afghanistan or Iraq. In lieu 
of such a board, the Secretary of State may conduct an inquiry and 
submit a report on the incident to the House International Relations 
and Senate Foreign Relations Committees.
  Lastly, the bill amends section 904 of the Foreign Service Act of 
1980 to enable the State Department to retain medical insurance 
reimbursements in the year in which they are collected, strengthening 
the Department's management tools and ability to provide emergency 
medical services for its employees abroad.
  In conclusion, I urge my colleagues to support this bill. It gives 
our diplomatic service the resources it needs in this post-9/11 
environment to promote U.S. interests and values abroad and to protect 
American citizens right here at home.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of this legislation.
  Mr. Speaker, this simple and straightforward bill amends certain 
authorities of the Department of State so that the Secretary can better 
manage that global institution.
  Many of the provisions have already passed the House in one form or 
another. One provision of note is the authority for the United States 
to become a member of the Regional Emerging Diseases Intervention 
Center which is being established in Singapore. This regional 
institution, originally designed to address the threat of SARS that was 
recognized at the end of 2003, now can be a focal point for addressing 
issues arising out of the avian flu outbreaks that we have seen earlier 
this year.
  Mr. Speaker, I urge all of my colleagues to support this legislation.
  Mr. Speaker, I yield back the balance of my time.
   Mr. Speaker, to conclude, before yielding back, I do want to thank 
Chairman Davis from the Government Reform Committee for his cooperation 
because there were some issues of jurisdiction, and he acted in a very 
cooperative and collegial way to help make this legislation possible.
  I would also like to thank Kristen Gilley for her fine work in 
working on this legislation, and to my good friend and colleague Mr. 
Lantos as well.
  Mr. SMITH of New Jersey. Mr. Speaker, I am attaching an exchange of 
letters between Chairman Hyde and Chairman Davis concerning the bill 
H.R. 4436, ``To provide certain authorities for the Department of 
State, and for other purposes'' for printing in the Record.

                                         House of Representatives,


                         Committee on International Relations,

                                Washington, DC, December 14, 2005.
     Hon. Tom Davis,
     Chairman, House Committee on Government Reform, Washington, 
         DC.
       Dear Mr. Chairman: I am writing to you concerning the bill, 
     H.R. 4436, to provide certain authorities for the Department 
     of State. There are certain provisions in the bill which fall 
     within the shared Rule X jurisdiction of your Committee. 
     Specifically, I refer to the language in section 4 of the 
     bill relating to increased limits applicable to post 
     differentials; section 6 of the bill which extends the 
     authorization of personal services contracting authority that 
     waives civil service laws and danger pay allowances; and 
     section 7 relating to official residence expenses. Based on 
     discussions between the two committees, I will change the 
     language in this bill as called up to include a modification 
     in section 4 (e) relating to reporting requirements to 
     include your Committee and to sunset the authorization in 
     section 6. Section 7 will remain as in the introduced bill.
       In the interest of permitting this Committee to proceed 
     expeditiously to the floor consideration of this bill, I 
     request your Committee to waive further consideration of this 
     matter. I understand that such a waiver only applies to this 
     language in this bill, and not to the underlying subject 
     matter. I will urge the Speaker to name Members of your 
     Committee to any conference committee which is named to 
     consider this bill.
       I appreciate your willingness to allow us to proceed. I 
     will insert this exchange of letters into the Congressional 
     Record
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

[[Page 28379]]

                                         House of Representatives,


                               Committee on Government Reform,

                                Washington, DC, December 14, 2005.
     Hon. Henry J. Hyde,
     Chairman, House Committee on International Relations, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter concerning the 
     bill H.R. 4436 to provide certain authorities for the 
     Department of State. I concur in your judgment that certain 
     provisions which you mentioned fall within the jurisdiction 
     of your Committee.
       Based on conversations between the two committees and your 
     agreement to make certain changes in the language which will 
     be considered under suspension of the rules, I am willing to 
     waive this committee's right to consider the bill. In so 
     doing, I do not waive its jurisdiction over the subject 
     matter of the bill. I appreciate your commitment to urge the 
     Speaker to name Members of this Committee to any conference 
     committee which is named to consider this bill and to insert 
     this exchange of letters into the Congressional Record.
       I appreciate your cooperation in this matter.
           Sincerely,
                                                        Tom Davis,
                                                         Chairman.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and pass the bill, H.R. 4436, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous material on H.R. 4436.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                          ____________________




                 SENSE OF CONGRESS REGARDING NICARAGUA

  Mr. BURTON of Indiana. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 252) expressing the 
sense of Congress that the Government of the United States should 
actively support the aspirations of the democratic political and social 
forces in the Republic of Nicaragua toward an immediate and full 
restoration of functioning democracy in that country, as amended.
  The Clerk read as follows:

                            H. Con. Res. 252

       Whereas the United States is strongly committed to 
     promoting democracy and the rule of law through the 
     democratically elected government and the civil society of 
     Nicaragua;
       Whereas the Democratic Charter of the Organization of 
     American States, of which the United States and Nicaragua are 
     signatories, stipulates that ``[t]he peoples of the Americas 
     have a right to democracy and their governments have an 
     obligation to promote and defend it'';
       Whereas after experiencing a revolution, loss of personal 
     liberties, destruction of property, and economic instability 
     a quarter century ago, the people of Nicaragua are committed 
     to maintaining a democratic form of government that functions 
     democratically and whose branches of government respect the 
     rule of law and human rights;
       Whereas in November 2001, during the last national 
     election, approximately 90 percent of voters in Nicaragua 
     turned out to vote, indicating a strong commitment to a free 
     electoral process and self determination;
       Whereas international observers, including representatives 
     from the National Democratic Institute, the International 
     Republican Institute, the Carter Center, and the Organization 
     of American States, monitored the Nicaraguan elections of 
     November 2001 and determined that the elections met minimum 
     international standards and that the outcome reflected the 
     will of the Nicaraguan people;
       Whereas ex-President Arnoldo Aleman and Sandinista 
     Liberation Front (FSLN) leader Daniel Ortega entered into an 
     agreement, which is widely known throughout Nicaragua as 
     ``the Pact,'' to exploit the legislative powers of the 
     National Assembly to undermine the Nicaraguan Constitution, 
     the Presidency of Enrique Bolanos Geyer, and key institutions 
     of representative democratic governance;
       Whereas polls indicate that an overwhelming percentage of 
     Nicaraguans oppose the Aleman-Ortega Pact, and tens of 
     thousands of Nicaraguans have taken to the streets in the 
     past year to call for an end to the Pact;
       Whereas in September 2005, the Secretary General of the 
     Organization of American States warned that the attempt by 
     the Nicaraguan national legislature to strip President 
     Enrique Bolanos Geyer's ministers and other senior government 
     officials of their official immunity had created 
     circumstances that would have made the country ungovernable 
     and generated endless conflict;
       Whereas with regard to the attempt by the National Assembly 
     through the operation of the Aleman-Ortega Pact to undermine 
     the privileges of the Nicaraguan executive branch, the 
     Organization of American States urged, in the strongest 
     possible terms, that ``the parties concerned enter into a 
     broad and constructive dialogue, free of pressures and 
     threats'' and that the parties ``respect the mandate freely 
     conferred upon President Enrique Bolanos Geyer and the other 
     elected officials by the Nicaraguan people'';
       Whereas the National Assembly, in reaction to pressure from 
     the international community, in October 2005, voted 
     unanimously to delay until after the term of President 
     Enrique Bolanos Geyer expires in January 2007, the enactment 
     of these constitutional amendments by approving the Framework 
     Law for the Stability and Governability of the Country 
     (Framework Law);
       Whereas, although the enactment and implementation of the 
     Framework Law has reduced the political tensions in 
     Nicaragua, the practical effect of the Pact remains largely 
     intact as Arnoldo Aleman and Daniel Ortega continue to wield 
     near total control over the National Assembly, the Supreme 
     Court, the Electoral Council, and the Comptroller's Office, 
     and the Human Rights ombudsman's office;
       Whereas free, fair, transparent, and inclusive electoral 
     processes, in conjunction with strong adherence to the 
     constitution and democratic institutions, are the bulwark 
     against anti-democratic forces;
       Whereas presidential and legislative elections in Nicaragua 
     are scheduled to be held in October 2006; and
       Whereas the prerequisites for free, fair, transparent, and 
     inclusive elections have not yet been met, including securing 
     a sufficient number of credible national and international 
     observers, completing the distribution of voter 
     identification cards, and ensuring that all qualified and 
     willing candidates are permitted to contest the elections: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring),  That--
       (1) Congress--
       (A) condemns the continued operation of the Aleman-Ortega 
     Pact as detrimental to democracy in the Republic of 
     Nicaragua, the future of democracy in Nicaragua, and the 
     stability of the entire region;
       (B) denounces the previous attempts by the National 
     Assembly to encroach unconstitutionally upon the powers of 
     the executive branch, undermine the governability of the 
     country, and advance the personal ambitions of some of its 
     current and former members;
       (C) applauds the diplomatic efforts of the Organization of 
     American States (OAS) and the Secretary-General of the OAS 
     for demonstrating the viability of the Inter-American Charter 
     as an increasingly effective instrument in the Western 
     Hemisphere for overcoming obstacles that impede institutions, 
     whether such institutions are executive, legislative, or 
     judicial in nature, from governing democratically;
       (D) concurs with the convening of a broad National Dialogue 
     to address the challenges that confront the Nicaraguan people 
     as they attempt to build a more effective democracy; and
       (E) supports the efforts of the Government of Nicaragua and 
     civil society to create the necessary conditions for free, 
     fair, transparent, and inclusive elections in 2006, including 
     by having effective and robust monitoring missions by the 
     Organization of American States and other international 
     observers, supporting the training of domestic election 
     observers, assisting in the auditing of voter rolls to ensure 
     accuracy, promoting the complete distribution without 
     discrimination of proper voter identification documents, and 
     encouraging the lawful inclusion of all qualified candidates 
     in the electoral contests; and
       (2) it is the sense of Congress that--
       (A) it should be the policy of the United States to support 
     democracy, the rule of law, and human rights in Nicaragua and 
     work cooperatively with regional and international 
     organizations to bolster Nicaraguan efforts to establish the 
     requisite conditions for free, fair, transparent, and 
     inclusive presidential and legislative elections in 2006;
       (B) it should be the policy of the United States to work 
     through the Organization of American States and other 
     regional and international organizations to encourage 
     political elements within Nicaragua to preserve, protect, and 
     defend the letter and spirit of that country's constitution; 
     and
       (C) to the extent that electoral or democracy and 
     governance assistance is provided, the President of the 
     United States should ensure that such assistance is provided 
     only for

[[Page 28380]]

     the purposes of training election observers and ensuring the 
     integrity of the electoral process as requested by the 
     President of Nicaragua, that such assistance be provided 
     through nongovernmental organizations on a non-partisan basis 
     in the United States and Nicaragua, and that the details of 
     such assistance be made public on a timely basis to promote 
     transparency and accountability in both countries.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Burton) and the gentleman from California (Mr. Lantos) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Indiana.


                             General Leave

  Mr. BURTON of Indiana. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative in which to revise and extend their 
remarks and to include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume, and I rise today in strong support of this concurrent 
resolution that expresses the sense of Congress that the United States 
should actively support efforts in Nicaragua to move that country 
towards an immediate and full restoration of a functioning democracy.
  Further, the resolution calls on the United States and the 
international community, including the Organization of American States, 
to actively support the government of Nicaragua and civil society as 
they work to establish the necessary conditions to ensure a free, fair 
and transparent electoral process.
  Throughout the 1980s and the 1990s, Latin America and the Caribbean, 
with the notable exception of Cuba, made remarkable progress towards 
democracy. I believe much of the credit for this progress is due to the 
courageous leadership of many democracy-minded people in the region who 
grew weary of the brutal dictatorships, but also the dedication of 
people like former President Ronald Reagan and others in the U.S. and 
elsewhere who invested in the future of these countries by helping to 
plant the seeds of democracy and nurturing them over time.
  That investment is paying off, but we should be under no illusions 
that the work is complete. The truth is that, 15 years after the 
Managua Spring, democracy and freedom in Nicaragua are being eroded. 
While democracy is still holding on, it is not without its opponents, 
and in Nicaragua, the alarm bells are ringing.
  Right now in Nicaragua, the hard left and the corrupted right are 
making common cause in attempting to bring down the democratically 
elected government of Enrique Bolanos. Sandinista leader Daniel Ortega 
in alliance with convicted former president Arnoldo Aleman has entered 
into an arrangement known as the Pact that poses a real and present 
danger to every democratic institution in that country, from the 
national assembly, the national electoral council, to the supreme court 
right on down.
  For example, the Pact, through its control of the National Assembly 
of Nicaragua, tried to strip President Bolanos of his constitutional 
powers through what is known as the Stability and Governability of the 
Country Law. In October, however, the assembly, under pressure from the 
international community and perhaps the introduction of this 
resolution, voted to postpone this law until after President Bolanos 
leaves office in January of 2007.
  Delaying the governability law has allowed Nicaragua to avoid an 
immediate constitutional crisis. But as President Bolanos said quite 
clearly during a recent visit with members of our subcommittee here in 
Washington, which I chair, the future of Nicaraguan democracy remains 
under threat and that the United States needs to pay attention before 
it is too late.
  I believe that we must do what we can to ensure that the upcoming 
elections in Nicaragua are free and fair. Passage of this resolution 
will send a loud and clear message to the political elements that are 
attempting to subvert Nicaraguan democracy that the United States does 
not abandon friends who have stood so strong for the value of 
democracy.

                              {time}  2115

  While the recent actions of the Ortega-Aleman Pact indicate they may 
have abandoned their immediate efforts to overthrow President Bolanos, 
we should be under no illusion that they have given up their longer-
term goal of returning Nicaragua to the days of oppression and 
dictatorship. So many Nicaraguans died during the years of violence and 
civil war for the dream of a free and democratic Nicaragua. Their 
sacrifice should not be in vain. We must work with the democratic 
forces of Nicaragua to ensure that Nicaragua continues to thrive and 
benefit for the people of that nation.
  The resolution before us sets out a path which I believe and many of 
my colleagues on both sides of the aisle believe will ensure that 
democracy remains viable in Nicaragua. I urge my colleagues to show 
their support for democracy in Nicaragua by supporting this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this important resolution, 
and I want to commend my good friend from Indiana for submitting this 
very important piece of legislation.
  Mr. Speaker, although Nicaragua narrowly averted a political and 
constitutional crisis recently, the country remains gripped by an epic 
struggle to maintain its democratic form of government and its respect 
for the rule of law and civil society.
  Former Nicaraguan President Arnoldo Aleman and former communist 
dictator Daniel Ortega conspired to subvert the administration of the 
democratically elected President Enrique Bolanos to their perverse 
interpretation of Chinese water torture.
  Through their control of the National Assembly in Nicaragua, Aleman 
and Ortega slowly, but methodically, packed the Supreme Court, the 
Electoral Council, the comptroller's office, and other institutions 
with their stooges.
  They then planned to carve away key revenue-raising administrative 
offices, like TelCor, the agency in charge of telecommunications in 
Nicaragua, and place them under legislative control. The last step for 
the unholy Aleman-Ortega alliance was to begin the process of removing 
several members of Bolanos' cabinet and other senior officials from 
their government positions on very questionable grounds.
  Mr. Speaker, the dubious legal proceedings against President Bolanos' 
government sparked a resounding and near universal international 
outcry. From the Organization of American States to the Central 
American Court, to members of this body, led by my friend and 
colleague, Mr. Burton, chairman of the Western Hemisphere Subcommittee, 
a cacophony of respected voices reiterated their unwavering support for 
true democracy and the rule of law in Nicaragua and their determined 
opposition to the return of corrupt caudilloism.
  Undoubtedly feeling the intense pressure, Sandinista leader Ortega 
broke ranks with former President Aleman and entered into a new 
agreement with President Bolanos that postponed the most onerous 
constitutional and administrative changes until after the end of 
Bolanos' presidential term in 2007.
  Mr. Speaker, while the new agreement between Bolanos and Ortega 
defused a volatile confrontation between the executive and the other 
branches of Nicaragua's government, it did not remove Aleman or Ortega 
loyalists from their government positions, at least to the extent that 
the Aleman-Ortega Pact still remains in place.
  Under normal circumstances, the influence that Aleman and Ortega are 
able to continue to wield, either individually or jointly over the 
operation of Nicaragua's government, would be troublesome enough. With 
presidential and legislative elections scheduled to

[[Page 28381]]

be held within a year's time in Nicaragua, their influence over the 
electoral process threatens to undermine the prospects for free, fair, 
transparent, and inclusive elections next October.
  Mr. Speaker, President Bolanos visited us last week and spoke of the 
many tasks that remain. ID cards need to be distributed to all eligible 
voters without discrimination based upon political affiliation. All 
willing and qualified candidates must be allowed to contest the 
elections. Perhaps most importantly, credible international observers 
from the Organization of American States and other institutions must be 
invited and encouraged to monitor the electoral process as soon as 
possible.
  Mr. Speaker, it is my hope that, through international interventions 
like the resolution before us today, Aleman and Ortega will recognize 
the destructive folly of their previous acts, maintain Nicaragua on the 
path of economic and political liberalization, and once again permit 
the Nicaraguan people to express their choice for the future in next 
year's elections. I strongly urge my colleagues to support this 
resolution.
  Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. 
Kucinich).
  Mr. KUCINICH. Mr. Speaker, H. Con. Res. 252 expresses the sense of 
Congress that the Government of the United States should actively 
support the aspirations of the democratic, political, and social forces 
in the Republic of Nicaragua. I want to say it is possible that my good 
friend, Mr. Burton, may have already achieved the results that were 
intended in this resolution.
  This bill was crafted to address a pact formed by Arnoldo Aleman, 
former president of Nicaragua of the LCP Party, who had been sentenced 
to 20 years of house arrest for looting state coffers of $100 million. 
The pact was with Mr. Aleman and Daniel Ortega, former president of the 
Sandinista Party.
  The Aleman-Ortega Pact passed so-called constitutional reforms that 
weakened the power of the Bolanos presidency. It was in this context, I 
believe, that H. Con. Res. 252 was introduced.
  However, I believe the context, perhaps the mere introduction of the 
bill, helped to bring about a change of the context. In October, days 
after Nicaragua received a threat from U.S. Deputy Secretary of State 
Robert Zoellick that Nicaragua risked losing $175 million in U.S. aid 
if President Bolanos were toppled, Bolanos and Ortega agreed to 
postpone the constitutional reforms until the next president's term 
begins in 2007.
  So, again, this may be an example where the mere introduction of a 
bill helped to bring about the desired change, and I think that Mr. 
Burton and everybody who has been involved in the introduction of the 
bill should be commended for their work.
  H. Con. Res. 252, expressing the sense of Congress that the 
Government of the United States should actively support the aspirations 
of the democratic political and social forces in the Republic of 
Nicaragua may have already achieved its aims and may not be necessary.
  This bill was crafted to address a pact formed by Arnoldo Aleman, 
former President of Nicaragua of the Liberal Constitutional Party, who 
had been sentenced to 20 years of house arrest for looting state 
coffers of $100 million, with Daniel Ortega, former President of the 
Sandanista Party.
  The Aleman-Ortega pact passed constitutional reforms that weakened 
the power of the Bolanos Presidency. It was in this context that H. 
Con. Res. 252 was introduced.
  However, the context has since changed.
  In October, days after Nicaragua received a threat from U.S. Deputy 
Secretary of State Robert Zoellick that Nicaragua risked losing $175 
million in U.S. aid if President Bolanos were toppled. Consequently, 
the members of the pact agreed to postpone the constitutional reforms 
until the next president's term begins in 2007.
  I commend the sponsors of the legislation but would suggest that 
since the resolution has achieved its ends, it should be withdrawn.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield 5 minutes to my good 
friend and distinguished colleague, the gentleman from New York (Mr. 
Serrano).
  Mr. SERRANO. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Let me start by saying that I support, like everyone else, a free and 
fair electoral process in Nicaragua in the coming year. And I support 
democracy in Nicaragua, the separation of powers, the independence of 
the judiciary, and other institutions.
  What I am opposed to is the typical U.S. interference in Latin 
America. Our foreign policy traditionally, historically, has been to 
ignore Latin America, and then every once in a while to take some 
action that is so out of touch with reality in Latin America, and 
foolish, as this resolution is tonight.
  What we are doing on the floor of the House today is a clear example 
of this warped, nonexistent policy. If U.S. history in Nicaragua were 
one of supporting elections without taking sides and supporting checks 
and balances and independent institutions, I would feel differently 
about a resolution like this. But we have little credibility in 
Nicaragua today because the U.S. is perceived as having such a strong 
animosity to Daniel Ortega, my brother from California just called him 
a communist and I thought that had ended awhile ago, and the FSLN, that 
any actions we take are viewed as biased and certainly not objective or 
impartial.
  While I can go through sentences in this text that I have differences 
with, that is not what is driving me to speak on the House floor today. 
Would we not be providing a better example to the democratic movement 
in Nicaragua if we led by example and instead of voting on this 
resolution today, we stayed away from anything that appeared to show 
the United States taking sides and interfering yet again in Nicaragua?
  Given our long and troubled history in this country, we need to be 
careful not to interfere. Instead, let us support the OAS's effort and 
not take positions on internal Nicaragua elections.
  Let me also take a moment to comment on one line of the resolution 
that states: ``Congress condemns the continued operation of the Aleman-
Ortega Pact,'' which no longer exists, ``as detrimental to democracy in 
the Republic of Nicaragua, the future of democracy in Nicaragua, and 
the stability of the entire region.''
  Of course this is right on top of the fact that we now claim that 
Venezuela is the danger to the region so they have been replaced 
tonight by Nicaragua as the main danger to the region. I simply have to 
take issue with the ``stability of the entire region'' comment. I think 
what undermines the stability of Latin America is the total lack of 
attention on an ongoing basis to the concerns of Latin America and then 
kinds of efforts like this resolution that show up every so often.
  If this were coming to a vote, I would vote against this because I 
know what this is about. This is a little different than the Chavez-
Venezuela issue. On that one we did not like the results, and the 
results are the fact that either through his coalition, through pushing 
back and attempted coup, which has our fingerprints all over it, 
President Chavez and his coalition have been elected and reelected 
eight times. We do not like the results, so we do not like him.
  Here we suspect, like the rest of Latin America, that the result may 
be one we do not like so we are anticipating that by suggesting that 
they better get their act together, meaning let anybody win except the 
opposition because that obviously would be undemocratic.
  Mr. Speaker, there has to be a reason why Latin America went from 
military dictatorships to so-called democracies to again electing 
leftist leaders. Either something is in the water of Latin America or 
people are fed up with conditions. So what do we do? Instead of saying 
they are electing leftist governments and we should find out why and 
support the elected leaders in their desire to bring up the poor, we 
say beware Chavez, beware Bolivia, beware Peru, beware Chile, beware 
everybody, and especially beware Nicaragua: we did it to you once; we 
can do it to you again. If you do not elect the kind of government we 
want, you are in deep trouble with us and you are not democratic. That 
is not democracy.

[[Page 28382]]


  Mr. BURTON of Indiana. Mr. Speaker, I yield 4 minutes to the 
gentleman from Illinois (Mr. Weller), vice chairman of the Western 
Hemisphere Subcommittee.
  Mr. WELLER. Mr. Speaker, I thank the gentleman from Indiana for 
bringing this resolution to the floor. I am a strong supporter of this 
resolution.
  Democracy in Nicaragua has been and continues to be under threat from 
something known as ``the pact.'' The pact is an agreement based on 
corruption and desire for power between two men: former President 
Aleman and former dictator Ortega, known locally as the party 
caudillos, strongmen, party bosses; and they are both corrupt.
  Let us be clear: the pact today controls the Supreme Court of 
Nicaragua, the pact controls the Supreme Electoral Council, the pact 
controls the National Controllers Board, and the public prosecutor's 
office. These two corrupt caudillos have divided up power so they 
control it for themselves.

                              {time}  2130

  The Pact is alive and well. A side agreement to weaken President 
Bolanos failed largely because of civil society, but control of the 
country's institutions, those I named, still continue. So democracy 
continues to be threatened in Nicaragua. What is the goal of the Pact? 
To manipulate the 2006 elections for their benefit, for the benefit of 
former dictator Ortega and former President Aleman, to feed their 
corruption. The Pact wants to stay in power, including through 
controlling the supreme electoral council. Now, what type of people 
make up the supreme electoral council? I would note that two out of 
seven of the members have had their visas permanently revoked by the 
United States. And according to a survey published September 19 of this 
year by La Prensa, the leading newspaper, three-fourths, 74 percent of 
Nicaraguans believe that the supreme electoral council is capable of 
fraud. Evidence points to possible fraud by the supreme electoral 
council in the most recent election, the 2004 municipal election. Now 
the supreme court, controlled by Roberto Rivas, is extremely corrupt 
and influenced by the Ortega side of the Pact. Fully three members of 
the supreme court of Nicaragua have had their U.S. visas permanently 
revoked. And the court recently suffered the embezzlement of over 
$600,000 in confiscated narco-trafficking funds allegedly by Sandinista 
officials of the court.
  Democracy is indeed in danger in Nicaragua, but I am pleased to see 
that efforts of civil society, groups like the Movimento de Democracia 
and other groups, particularly the government of Nicaragua under 
President Bolanos to create free and fair and transparent elections 
continues to push for true democracy. The United States must actively 
support democracy. The United States must actively support the rule of 
law and human rights in Nicaragua and to work with international 
organizations, especially the Organization of American States, to 
ensure the conditions exist for democracy and to ensure the integrity 
of the election process. I am particularly pleased that the 
International Democratic Institute and the International Republican 
Institute are both involved, and I hope the Organization of American 
States becomes fully engaged now, sooner rather than later, in ensuring 
a transparent and fair election process.
  Mr. Chairman, I commend you for bringing this important resolution to 
the floor before us today. Democracy has had a good start in Nicaragua. 
It is under threat because of the Ortega-Aleman Pact. We must do 
everything we can to support true democracy and ensure free, fair and 
transparent elections, and that is why I strongly support this 
resolution and urge bipartisan support.
  Mr. LANTOS. Mr. Speaker I yield 1 minute to the gentleman from Ohio 
(Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman from 
California.
  I want to say that I was greatly concerned hearing the comments of my 
colleague from New York who raises some valid points about the United 
States' interventions in Latin America. Now, I think that, you know, on 
one hand, the sponsors of the legislation have already achieved their 
ends, and I just wonder if the gentleman from Indiana would yield to a 
question.
  Mr. BURTON of Indiana. Mr. Speaker, I will be happy to yield to my 
colleague.
  Mr. KUCINICH. Mr. Chairman, you have sponsored a resolution here 
that, as I indicated earlier, the sponsorship moved some policy change. 
In light of that, would you have any interest in withdrawing the 
resolution and declaring victory?
  Mr. BURTON of Indiana. I do not think so at this time. I think this 
resolution sends a very strong message, and I think we need to pass it.
  Mr. LANTOS. Mr. Speaker we have no additional requests for time, and 
I yield back the balance of my time.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  Let me just end by saying, thank you to Mr. Lantos, my very good 
friend, for his leadership and his hard work on this and a lot of other 
legislation. Let me just say that Mr. Lantos and I were both here back 
in the 1980s when the war took place in Nicaragua and El Salvador, and 
we saw the horrible result of dictatorships. We saw the horrible result 
of civil war, and democracy has changed that whole region down there. 
And we think it is extremely important that we do everything we can to 
support democratic institutions so that we do not have the bloodshed 
that we saw back in the 1980s and we do not see the massive flight of 
people leaving that region to get to the United States and elsewhere to 
get away from those wars. So I think this resolution sends a strong 
message. Once again, I thank Mr. Lantos.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Conaway). The question is on the motion 
offered by the gentleman from Indiana (Mr. Burton) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
252, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  The title of the concurrent resolution was amended so as to read: 
``Expressing the sense of Congress that the Government of the United 
States should support democracy, the rule of law, and human rights in 
the Republic of Nicaragua and work cooperatively with regional and 
international organizations to bolster Nicaraguan efforts to establish 
the requisite conditions for free, fair, transparent, and inclusive 
presidential and legislative elections in 2006.''.
  A motion to reconsider was laid on the table.

                          ____________________




   REMEMBERING AND COMMEMORATING THE LIVES AND WORK OF UNITED STATES 
              CHURCHWOMEN EXECUTED IN EL SALVADOR IN 1980

  Mr. BURTON of Indiana. Mr. Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 458) remembering and commemorating the 
lives and work of Maryknoll Sisters Maura Clarke and Ita Ford, Ursuline 
Sister Dorothy Kazel, and Cleveland Lay Mission Team Member Jean 
Donovan, who were executed by members of the armed forces of El 
Salvador on December 2, 1980, as amended.
  The Clerk read as follows:

                              H. Res. 458

       Whereas on December 2, 1980, four United States 
     churchwomen, Maryknoll Sisters Maura Clarke and Ita Ford, 
     Ursuline Sister Dorothy Kazel, and Cleveland Lay Mission Team 
     Member Jean Donovan, were violated and executed by members of 
     the National Guard of El Salvador;
       Whereas in 1980 Maryknoll Sisters Maura Clarke and Ita Ford 
     were working in the parish of the Church of San Juan Bautista 
     in Chalatenango, El Salvador, providing food, transportation, 
     and other assistance to refugees and Ursuline Sister Dorothy 
     Kazel and Cleveland Lay Mission Team Member Jean Donovan were 
     working in the parish of the Church of the Immaculate 
     Conception in La

[[Page 28383]]

     Libertad, El Salvador, providing assistance and support to 
     refugees and other victims of violence;
       Whereas these four United States churchwomen dedicated 
     their lives to working with the poor of El Salvador, 
     especially women and children left homeless, displaced and 
     destitute by the Salvadoran war;
       Whereas these four United States churchwomen joined the 
     more than 70,000 civilians who were murdered during the 
     course of the Salvadoran war;
       Whereas on May 23 and May 24, 1984, five members of the 
     National Guard of El Salvador--Subsergeant Luis Antonio 
     Colindres Aleman, Daniel Canales Ramirez, Carlos Joaquin 
     Contreras Palacios, Francisco Orlando Contreras Recinos, and 
     Jose Roberto Moreno Canjura--were found guilty by the 
     Salvadoran courts of the executions of the churchwomen and 
     were sentenced to thirty years in prison, marking the first 
     case in the history of El Salvador where a member of the 
     Salvadoran Armed Forces was convicted of murder by a 
     Salvadoran judge;
       Whereas the United Nations Commission on the Truth for El 
     Salvador was established under the terms of the historic 
     January 1992 Peace Accords that ended El Salvador's twelve 
     years of war and was charged to investigate and report to the 
     Salvadoran people on human rights crimes committed by all 
     sides during the course of the war;
       Whereas in March 1993 the United Nations Commission on the 
     Truth for El Salvador found that the execution of the four 
     United States churchwomen was planned and that Subsergeant 
     Luis Antonio Colindres Aleman carried out orders from a 
     superior to execute them, and that then Colonel Carlos 
     Eugenio Vides Casanova, then Director-General of the National 
     Guard and his cousin Lieutenant Colonel Oscar Edgardo 
     Casanova Vejar, then Commander of the Zacatecoluca military 
     detachment where the murders were committed, and other 
     military personnel knew that members of the National Guard 
     had committed the murders pursuant to orders of a superior 
     and that the subsequent cover-up of the facts adversely 
     affected the judicial investigation into the murders of the 
     four United States churchwomen;
       Whereas the United Nations Commission on the Truth for El 
     Salvador determined that General Jose Guillermo Garcia, then 
     Minister of Defense, made no serious effort to conduct a 
     thorough investigation of responsibility for the murders of 
     the churchwomen;
       Whereas the families of the four United States churchwomen 
     continue their efforts to determine the full truth 
     surrounding the murders of their loved ones, appreciate the 
     cooperation of United States Government agencies in 
     disclosing and providing documents relevant to the 
     churchwomen's murders, and pursue requests to release to the 
     family members the few remaining undisclosed documents and 
     reports pertaining to this case;
       Whereas the families of the four United States churchwomen 
     appreciate the ability of those harmed by violence to bring 
     suit against Salvadoran military officers in United States 
     courts under the Torture Victim Protection Act of 1991 (28 
     U.S.C. 1350 note);
       Whereas the lives of these four United States churchwomen 
     have, for the past 25 years, served as inspiration and 
     continue to inspire Salvadorans, Americans, and people 
     throughout the world to answer the call to service and to 
     pursue lives dedicated to addressing the needs and 
     aspirations of the poor, the vulnerable, and the 
     disadvantaged, especially among women and children;
       Whereas the lives of the four United States churchwomen 
     have also inspired numerous books, plays, films, music, 
     religious, and cultural events;
       Whereas schools, libraries, research centers, spiritual 
     centers, health clinics, women's and children's programs in 
     the United States and in El Salvador have been named after or 
     dedicated to Sisters Maura Clarke, Ita Ford and Dorothy Kazel 
     and lay missionary Jean Donovan;
       Whereas the Maryknoll Sisters, headquartered in Ossining, 
     New York, the Ursuline Sisters, headquartered in Cleveland, 
     Ohio, numerous Religious Task Forces in the United States, 
     and the Salvadoran and international religious communities 
     based in El Salvador annually commemorate the lives and 
     martyrdom of the four United States churchwomen;
       Whereas the historic January 1992 Peace Accords allowed the 
     Government and the people of El Salvador to achieve 
     significant progress in creating and strengthening democratic 
     political, economic, and social institutions; and
       Whereas December 2, 2005, marks the 25th anniversary of the 
     deaths of these four spiritual, courageous, and generous 
     United States churchwomen: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) remembers and commemorates the lives and work of 
     Sisters Maura Clarke, Ita Ford, and Dorothy Kazel and lay 
     missionary Jean Donovan;
       (2) extends sympathy and support for the families, friends, 
     and religious communities of the four United States 
     churchwomen;
       (3) continues to find inspiration in the lives and work of 
     these four United States churchwomen;
       (4) calls upon the people of the United States and 
     religious congregations to participate in local, national, 
     and international events commemorating the 25th anniversary 
     of the martyrdom of the four United States churchwomen;
       (5) recognizes that while progress has been made during the 
     post-war period, the work begun by the four United States 
     churchwomen remains unfinished and social and economic 
     hardships persist among many sectors of Salvadoran society; 
     and
       (6) calls upon the President, the Secretary of State, the 
     Administrator of the United States Agency for International 
     Development, and the heads of other United States Government 
     departments and agencies to continue to support and 
     collaborate with the Government of El Salvador and with 
     private sector, nongovernmental, and religious organizations 
     in their efforts to reduce poverty and hunger and to promote 
     educational opportunity, health care, and social equity for 
     the people of El Salvador.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Indiana (Mr. Burton) and the gentleman from California (Mr. Lantos) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Indiana.


                             General Leave

  Mr. BURTON of Indiana. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Indiana?
  There was no objection.
  Mr. BURTON of Indiana. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, on December 2, 1980, 25 years ago this month, four 
American church women were murdered in El Salvador by members of the El 
Salvadoran military. In 1984, five national guardsmen were tried, 
convicted and sent to prison for these murders.
  On the occasion of the 25th anniversary of their deaths, the 
resolution before us commemorates the lives and work of the Maryknoll 
Sisters, Maura Clarke and Ita Ford, Ursuline Sister Dorothy Kazel and 
lay missionary Jean Donovan. It extends our most profound sympathy and 
support to the families, friends and religious communities of these 
four women. It encourages us to find inspiration in their lives and 
work and calls upon the American people and religious congregations to 
participate in local, national and international events marking the 
25th anniversary of their deaths.
  The resolution also recognizes that progress has been made in El 
Salvador following the war, but reminds us that the work of these 
missionaries on behalf of the poor remains unfinished. Therefore, it 
calls on us as a Congress to engage ourselves and relevant U.S. 
agencies to continue to support and collaborate with the Salvadoran 
government and other private nonprofit and religious groups working to 
reduce poverty and hunger in El Salvador and to promote educational 
opportunity, health care and social equity.
  I would like to commend Mr. McGovern for bringing this resolution to 
the floor. It is a fitting tribute to four inspiring American church 
women who worked on behalf of some of the poorest Salvadorans, 
including refugees and children left homeless during El Salvador's 
internal struggles. I think we could all learn a lesson from the events 
of 25 years ago and work even harder to ensure that democracy remains 
strong in Central America and elsewhere so that such events can never 
be repeated. I urge my colleagues to support the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  I rise in strong support of this important resolution. Mr. Speaker, 
El Salvador has progressed much since the 1980s when a horrific civil 
war tore through the country, consuming some 75,000 lives.
  In the last decade, the country has held numerous free and fair 
elections. Power was transferred peacefully from one political party to 
another, and the military has withdrawn from the political and economic 
affairs of the country and returned to its barracks.

[[Page 28384]]

  Standards of living have also improved. According to the World Bank, 
fewer infants are dying at birth; more children are attending primary 
school; and more families have access to safe drinking water today than 
they did 10 years ago.
  El Salvador has also become one of our most trusted and unwavering 
allies and has taken principled and brave stances on such issues as 
Iraq and the defense of Israel.
  Mr. Speaker, despite these extraordinary accomplishments, El 
Salvador, like many post-conflict countries, still struggles with a 
host of social, economic and environmental problems.
  Public investments in health, education, sanitation and other social 
programs are low. As a consequence, the health of the population is 
generally poorer than that of most of El Salvador's regional neighbors. 
Also, violence, much of it gang related, is crippling El Salvadoran 
society. And El Salvador's preparedness to respond and mitigate natural 
disasters remains lacking.
  Today's resolution reminds us to draw strength and inspiration from 
the lives of four admirable women who were killed for dedicating their 
lives to trying to bring hope to those who are desperately poor in El 
Salvador.
  Working together with our El Salvadoran friends, I am confident that 
we can overcome the remaining challenges that confront them and 
strengthen the already close ties that bind our two great nations.
  Mr. Speaker, the resolution before us today takes another step 
towards fortifying these bonds. I want to applaud my friend and 
colleague, Chairman Hyde, for expediting this body's consideration of 
the resolution, and I commend the efforts of the gentleman from 
Massachusetts (Mr. McGovern) for authoring it.
  I strongly urge all of my colleagues to support H. Res. 458.
  Mr. Speaker, I yield as much time as he might consume to the 
gentleman from Massachusetts (Mr. McGovern), the author of this 
legislation.
  Mr. McGOVERN. Mr. Speaker, I wish to express my gratitude and 
appreciation to the leadership on both sides of the aisle for bringing 
this resolution to the House floor before we adjourn for the year. I 
especially want to thank Western Hemisphere Subcommittee Chairman 
Burton, Subcommittee Ranking Member Menendez, House International 
Relations Committee Chairman Hyde, Ranking Member Lantos, Majority 
Leader Blunt, Democratic Leader Pelosi, Speaker Hastert, Rules 
Committee Chairman Dreier and all of their staffs.
  Mr. Speaker, on December 2, 1980, Maryknoll Sisters Maura Clark and 
Ita Ford, Ursuline Sister Dorothy Kazel and Cleveland lay missionary 
Jean Donovan were brutally violated and murdered by members of the 
Salvadoran national guard. The guardsmen who pulled the triggers and 
their immediate superior, a sub-sergeant, were tried, convicted and 
imprisoned in 1984 for these heinous crimes, although they were later 
released in 1997 and 1998. But I am not here today to recall these 
tragic events. I am here to remember and honor their lives.
  These four courageous American women dedicated their lives to the 
safety and welfare of others, to the poor and the desperate of El 
Salvador, especially the women and children left homeless and destitute 
by the violence and the war of that era. It is the way that they lived 
their lives and the work that they carried out that has proven to be so 
inspirational to so many people in the 25 years since their death and 
especially the young people who are looking for role models, both 
secular and spiritual, to guide their own futures.
  I had the privilege to spend December 1 through December 6 in El 
Salvador and to participate in the many 25th anniversary events 
organized by the Maryknoll Sisters and other Salvadoran and American 
religious leaders honoring the lives of these four wonderful women. I 
was a member of a delegation coordinated by the Washington office on 
Latin America and the Association of Jesuit Colleges and Universities. 
Our delegation joined over 200 other Americans and an equal number of 
religious representatives from throughout Central and South America and 
elsewhere. During our 5 days in El Salvador, we walked in the footsteps 
of these women. We visited small rural communities where they lived and 
worked. We met with the campesinos, the priests and the sisters with 
whom they labored. We attended mass, and we worshipped at the site 
where their bodies were found.

                              {time}  2145

  And we listened to the members of their families and their religious 
orders tell stories of their lost loved ones that brought these women 
vividly and joyously to life for all of us.
  While it was a time of sorrow and remembered grief, it was also a 
time of celebration, for these four American women are remembered with 
great love and affection by the Salvadoran people and by so many 
Americans across our country. Their spirits burn bright and have served 
to inspire many others, including young people, to lives of service. 
Who now remembers those who brutalized and murdered them, unless it is 
with a shudder?
  Several 25th anniversary events were held here in the United States 
during the December 2 weekend in cities as diverse as Kansas City, 
Boston, Cleveland, Seattle, Detroit, and Milwaukee. Across our country 
we will also find community centers, neighborhood health clinics, and 
groups that provide counseling for young women and mothers dedicated to 
these four women. We will find libraries, schools, and scholarly 
centers named in their honor and books, films, plays and music created 
to celebrate their lives.
  In El Salvador, throughout Latin America, and even around the world, 
it is common to come across communities and humanitarian projects named 
after Maura Clarke, Jean Donovan, Ita Ford, and Dorothy Kazel.
  I have been very privileged to get to know some of the family members 
of these women, and I have long been a friend of the Maryknoll Sisters. 
A finer group of people one simply cannot find. It is for them, the 
families, friends, and colleagues of these four church women that I am 
proud the House is acting on this special remembrance of their loved 
ones who have been lost to them these past 25 years but who always 
remain, as they say in Spanish, ``presente'' in their hearts, minds, 
and souls.
  I believe these four American women represent the very best our 
country has to offer. They represent the best values and ideals, not 
only of the American people but of all people. My recent time in El 
Salvador inspired me. It reenergized me. It reminded me that we must 
remain committed to continuing the church women's legacy by helping the 
poor and disadvantaged of El Salvador develop their communities and 
create a more hopeful future for all.
  I urge my colleagues to approve of H. Res. 458 and to remember the 
very special lives dedicated to service of Maura Clarke, Jean Donovan, 
Ita Ford, and Dorothy Kazel.

Statement on the 25th Anniversary of the Four Missionary Women--Bishop 
   Thomas G. Wenski, Bishop of Orlando, Chairman, USCCB Committee on 
                International Policy, November 21, 2005.

       Twenty-five years ago, many throughout the world were 
     shocked by the news of the abduction, rape and murder on 
     December 2nd 1980 of four American missionary women in El 
     Salvador. That same year saw the intensification of the civil 
     war in that country that was dramatically marked first by the 
     assassination of Archbishop Oscar Romero on March 24th and, 
     nearly a decade later, by the slaughter of six Jesuit priests 
     and their two aides at the Central American University on 
     December 16th 1989.
       There can be little doubt that the sacrificial deaths--the 
     martyrdoms--of these exemplary Christians, representing the 
     episcopate, the life of vowed religious men and women, and 
     the Catholic laity. Nor is there doubt that the findings of 
     those guilty for these crimes served to hasten the end of 
     that fratricidal war that was finally concluded with the 
     January 1992 Peace Accords.
       Sister Maura Clarke, MM, Sister Ita Ford, MM, both of the 
     Maryknoll Sisters, Sister Dorothy Kazel, OSU of the Sisters 
     of St. Ursula, and lay missionary Jean Donovan of the 
     Cleveland Diocesan Mission team were all young, dynamic, 
     deeply committed missionaries. They saw the face of Christ in 
     the poorest and most vulnerable of the people of El Salvador 
     and sought to offer what aid and consolation they could 
     provide. In the poisonous political atmosphere of the time,

[[Page 28385]]

     their concern for ``the least of these'' was seen by some as 
     a challenge to an unjust status quo.
       May we today rededicate ourselves, together with the 
     bishops and faithful of El Salvador and all of Central 
     America, to the task of peace, justice and reconciliation 
     throughout the Americas for which these exemplary women gave 
     their lives.
                                  ____

                                                 December 7, 2005.
     To: Hon. Dennis Hastert, Speaker.
     Hon. Roy Blunt, Majority Leader.
     Hon. Nancy Pelosi, Minority Leader.
       Dear Representatives Hastert, Blunt, and Pelosi: As people 
     of faith and leaders of our Nation's religious communities, 
     we write to urge you to move H. Res. 458 expeditiously to the 
     House floor for consideration under suspension before the 
     109th Congress adjourns for the year. The resolution, which 
     currently has 88 bipartisan cosponsors, was approved 
     unanimously by the Western Hemisphere Subcommittee and 
     unanimously by the House International Relations Committee. 
     It was reported out of the HIRC on November 16, with 
     recommendations that it be placed on the suspension calendar.
       H. Res. 458 remembers and commemorates the lives and work 
     of Maryknoll Sisters Maura Clarke and Ita Ford, Ursuline 
     Sister Dorothy Kazel, and Cleveland Lay Mission Team Member 
     Jean Donovan, who were executed by members of the armed 
     forces of El Salvador on December 2, 1980.
       Through their dedicated witness and untimely deaths in El 
     Salvador, these four women remind us of the powerful gifts of 
     humility, community and faith.
       During the early years of El Salvador's tragic civil war, 
     in which over 70,000 civilians eventually lost their lives, 
     Maura Clarke and Ita Ford worked in Chalatenango, providing 
     food, transportation, and other assistance to refugees; 
     Dorothy Kazel and Jean Donovan worked in La Libertad, 
     providing assistance and support to refugees and other 
     victims of violence.
       Based on their commitment to Jesus' call to service in the 
     gospel, these four U.S. churchwomen dedicated their lives to 
     working with the impoverished people of El Salvador, 
     especially women and children left homeless, displaced and 
     destitute by the civil war.
       Now, 25 years after their kidnapping, rape and murder at 
     the hands of Salvadoran National Guardsmen, it is fitting for 
     Congress to recognize the women and their sacrifice and how 
     their example has inspired so many others to answer the call 
     to service. We strongly encourage your support of H. Res. 
     458, and again urge you to make every effort to move this 
     resolution through the International Relations Committee in a 
     timely fashion.
           Sincerely,
       Congregational Leadership Team, Maryknoll Sisters of St. 
     Dominic.
       General Council, Maryknoll, Fathers & Brothers.
       Leadership Team, Ursuline Sisters of Cleveland.
       Leadership Team, Maryknoll Lay Missioners.
       Leadership Conference of Women, Religious (LCWR).
       Rita Ann Teichman, SSI, Region VII, Leadership Conf. of 
     Women Religious.
       Raya Hanlon, OP, Chair Region XIV, Leadership Conf. of 
     Women Religious.
       Rev. T. Michael McNulty, SJ, Justice and Peace Director, 
     Conference of Major Superiors of Men (CMSM).
       Rev. Charles L. Currie, S.J., President, Association of 
     Jesuit Colleges and Universities.
       Rev. James Hug, S.J., President, Center of Concern.
       Dave Robinson, Exec. Director, Pax Christi USA.
       Rev. Louis Lougen, Provincial, Missionary Oblates of Mary 
     Immaculate.
       Sister Janet Yurkanin, IHM, Director, Migration and Refugee 
     Services Diocese of Trenton, NJ.
       Franciscan Mission Service.
       NETWORK, a National Catholic Social Justice Lobby.
       Office of Justice, Peace & Integrity of Creation, Columban 
     Missionaries.
       Leadership Team of the Institute of the Sisters of Mercy of 
     the Americas.
       Institute Justice Team of the Sisters of Mercy of the 
     Americas.
       Sisters of Mercy of the Americas, Vermont Regional 
     Leadership Team.
       Sisters of Mercy of the Americas, Cincinnati Regional 
     Leadership Team.
       Sisters of Mercy of the Americas, Auburn Regional 
     Community.
       Sisters of Mercy of the Americas, Burlingame Regional 
     Leadership Team.
       Sisters of Mercy of the Americas, Baltimore Regional 
     Community.
       Sisters of Mercy of the Americas, Detroit Regional 
     Leadership Team.
       Karen M. Donahue, RSM, Justice Coordinator, Sisters of 
     Mercy Regional Community of Detroit.
       Benedictine Sisters of the Sacred Heart, Lisle, IL.
       Benedictines for Peace in Pittsburgh.
       Benedictine Sisters, Mt. Angel, OR.
       Benedictine Sisters of Chicago.
       Sisters of St. Benedict, Rock Island, Illinois.
       Sister Christine Vladimiroff, Prioress Benedictine Sisters 
     of Erie, PA.
       Sister Merle Nolde, OSB, Benedictine Sisters.
       Dominican Sisters of Oxford, Leadership Team, Sister 
     Teresita Lipar, OP, Prioress, Sister Susan McMahon, OP, 
     Vicaress, Sister Gene Poore, OP, Councilor.
       Adrian Dominican Sisters, Global Mission, Justice and 
     Peace, Adrian Dominican Sisters, Midwest Chapter.
       Dominican Sisters of St. Catherine of Siena, Kenosha, 
     Wisconsin.
       Leadership Team, Tacoma, Dominican Community, Sister Sharon 
     Casey, Sister Patricia Morisset, Sister Mary Patricia Murphy.
       Congregation Justice Committee, Sisters of the Holy Cross, 
     Notre Dame, Indiana.
       Ann Oestreich IHM, Congregation Justice Coordinator, 
     Sisters of the Holy Cross.
       Office of Justice, Peace & Integrity of Creation, School 
     Sisters of Notre Dame, Mankato, MN.
       School Sisters of Notre Dame, Office of Global Justice & 
     Peace.
       Sisters of the Living Word, Leadership Team.
       Catherine M. Holtkamp, CDP, Director, Office of Peace & 
     Justice, Congregation of Sisters of Divine Providence of 
     Kentucky.
       Sister Anne Shepard, Prioress, Mount St. Scholastica, 
     Atchison, KS.
       Sisters of the Holy Names of Jesus and Mary, Oregon 
     Province.
       Sisters of St. Joseph of Orange.
       Sister Mary Quinn, President, Sisters of St. Joseph of 
     Springfield.
       Leadership Team, Sisters of St. Joseph, Nazareth, MI.
       Sister Patricia Kelly, SSJ, President, Sisters of Saint 
     Joseph, Philadelphia.
       Sister Kathleen Coll, SSJ, Coordinator, Sisters of Saint 
     Joseph, Philadelphia.
       Sister Ricarda Vincent, SSJ, President, Sisters of St. 
     Joseph, Northwestern Pennsylvania, Sister Rosemarie Lorenz, 
     SSJ.
       Sister Maureen P. Kelly, SSJ, Sister Barbara L. Reuben, 
     SSJ, Sister Dorothy Winner, SSJ, Sister Linda M. Larsen, SSJ, 
     Sister Mary Jane Daily, SSJ, Sisters of St. Joseph.
       Sisters of St. Joseph of Peace, Our Lady Province.
       Sister Joellen Sbrissa, CSJ, Office of Peace, Justice and 
     Integrity of Creation.
       Sisters of St. Joseph of La Grange, IL and Wheeling, WV.
       Sister Kathleen Lucs, CSJ, Sisters of St. Joseph, of La 
     Grange.
       Sisters of St. Joseph of Carondelet, Los Angeles Province.
       Rosemary Lynch, IBVM, Provincial, Institute of the Blessed 
     Virgin Mary.
       Union of Sisters of the Presentation of the Blessed Virgin 
     Mary.
       Congregation of Sisters of St. Agnes.
       Sisters of the Presentation, San Francisco.
       Sisters of St. Francis, Sylvania, Ohio.
       Sisters of St. Francis, Little Falls, MN.
       Leadership Team of the Sisters of St. Francis, Clinton, 
     Iowa.
       Leadership Team, Sisters of St. Francis of the Holy Cross.
       Leadership Council of the Wheaton, IL Franciscans.
       Justice, Peace & Integrity of Creation Office, Wheaton, IL 
     Franciscans.
       Sisters of St. Francis, Millvale, PA.
       Sister Betty Kane, OSF, Director, Evangelical Life 
     Services, Sisters of St. Francis of Philadelphia.
       Sister Nancy Celaschi, OSF, School Sisters of St. Francis, 
     Pittsburgh.
       Sister Virginia Welsh, OSF, Community Minister, Sisters of 
     St. Francis of Tiffin, Ohio.
       Sister Mary Elizabeth Imler, General Community Leader, 
     Franciscan Sisters of the Sacred Heart, Frankfort, Illinois.
       U.S. Provincial Team, School, Sisters of St. Francis, 
     Sister Barbara Kraemer, OSF, Sister Elizabeth Heese, OSF, 
     Sister Maureen McCarthy, OSF.
       Sister Dominica Lo Bianco, OSF, Our Lady of Angels Convent, 
     Aston, PA.
       International Team, School Sisters of St. Francis.
       Sister Janet Gardner, OSF, General Minister, Sisters of St. 
     Francis of the Providence of God, Pittsburgh PA.
       Sister Rose Marie Surwilo, OSF, Sisters of St. Francis of 
     Mary Immaculate, Joliet, IL.
       Daughters of Charity of the East Central Province 
     Leadership Team.
       Sister Irene Fortier DHS, Justice Coordinator for Province, 
     Daughters of the Holy Spirit.
       Sister Mary Jo Anderson, CHS, General Coordinator, 
     Community of the Holy Spirit.
       Sister Margaret O'Rourke, dmj, Social Justice Coordinator, 
     Daughters of Mary and Joseph, Long Beach, CA.
       Leadership Team, Servants of Mary, Ladysmith, WI.
       Sister Louise Akers, SC, Sisters of Charity.
       Sisters of Charity of the Blessed Virgin Mary, Dubuque, 
     Iowa.
       Sisters of Charity of Nazareth, Congregational Leadership.
       Sisters of Divine Providence of San Antonio, TX.
       Sisters of the Immaculate Heart of Mary, New York Area 
     Peace and Justice Group.
       Sister Regina E. Flanigan, IHM, Sisters Servants of the 
     Immaculate Heart of Mary, Immaculata, PA.

[[Page 28386]]

       The Leadership Council Sisters, Servants of the Immaculate 
     Heart of Mary, Monroe, Michigan.
       Sister Susan Hadzima, IHM.
       Sisters of the Holy Names, California Province.
       The Provincial Leadership, Sisters of the Divine Savior--
     USA Province.
       Sisters of the Sacred Hearts of Jesus & Mary, Oakland, CA.
       Ursuline Sisters of the Roman Union, Eastern Province.
       Office of Justice, Peace and Integrity of Creation, 
     Ursuline Sisters of the Roman Union, Eastern Province.
       Sister Joy Peterson, Leadership Team Srs. of the 
     Presentation of the Blessed Virgin Mary, Dubuque, Iowa.
       Sister Imelda Gonzalez, cdp, Congregation of Divine, 
     Providence.
       Sister Gertrude Myrick, RSM, Sisters of Mercy.
       Sister Florence Magnan, CSA, Congregation of Sisters of St. 
     Agnes.
       Sister Mary Doretta Cornell, RDC, Sisters of the Divine 
     Compassion.
       Sister Eileen White, GNSH, Grey Nuns of the Sacred Heart.
       Prof. Rowshan Nemazee, Department of Religious Studies, 
     McGill University Montreal, Quebec, Canada.
       Susan Fitzpatrick.
                                  ____


 Solidarity for the 21st Century Remembering the Martyrs of El Salvador

       We are here to honor the memory of four women martyred 25 
     years ago and of 75,000 others, including Archbishop Romero, 
     who gave their lives for social justice and for human 
     dignity. When corpses were piled high in the public garbage 
     dumps outside this city--when bishops, generals, the nuncio 
     and government officials demanded neutrality from the 
     Church--these four chose to accompany a people made 
     profoundly vulnerable by war and by repression. They lived 
     the virtue of solidarity, not neutrality. Poor people, they 
     believed, were one place of God's revelation in history--an 
     opening where the God of hope and possibility was discovered 
     in the midst of suffering and fear.
       When they were killed, for people of faith in the United 
     States and elsewhere in the North, they put a familiar, human 
     face on the thousands of Salvadoran lay people, religious and 
     priests who also were martyred here in those years and they 
     gave great energy to a whole movement learning to act in 
     solidarity with the people of Central America.
       Solidarity--not (according to Joe Donders) a feeling of 
     vague compassion or shallow distress at the misfortunes of 
     others, but a firm and persevering determination to commit 
     oneself to the common good.
       Maura, Ita, Dorothy and Jean lived a solidarity that, even 
     in these very different times would serve us. The Maryknoll 
     Sisters, in the reflection paper they prepared for this 
     conversation, described solidarity as a posture that is 
     rooted in the identity of each person as a creature of God, a 
     creature endowed with immense dignity, a treasure--who is 
     created for interdependence within our human and earth 
     community. They called us to a spirituality of family 
     solidarity, which sets us free to transform our broken world.
       In Like Grains of Wheat, Margie Swedish and I describe 
     solidarity as the practice of accompanying people and the 
     rest of creation marginalized by institutionalized violence, 
     and of engaging in a process of social, economic and 
     environmental transformation that is rooted in right 
     relationships. We talked about a spirituality of solidarity 
     shaped by a process that included several steps or stages:
       Moving across boundaries to see with new eyes the reality 
     of the world in which we live.
       Having our hearts broken by the injustice we see, by 
     ecological destruction--and broken open by new relationships
       Finding life and joy and faithfulness at the margins, even 
     in the midst of great suffering
       Going home, reinserting in our own society as people who 
     were changed, challenged--and are there committed to 
     challenging the status quo
       Becoming people of hope who believe that a better world is 
     possible--and making or renewing a commitment to work for 
     that better world.
       These are times very different from the ``era of the 
     martyrs in El Salvador, Latin America.'' These are times 
     defined by globalization with that phenomenon implies; by 
     excessive wealth concentrated in the hands of a small 
     minority in almost every country of the world and 
     intransigent poverty lived by a global majority; by 
     increasingly evident ecological catastrophy; and by a growing 
     awareness of the intrinsic interconnectedness of humans with 
     each other and with the rest of creation.
       What might solidarity look like now and toward what might 
     such a process lead us? That is the question we will all 
     reflect upon this afternoon, but let me offer a few examples 
     around the theme of security, which is becoming the 
     ``communist threat'' of the 21st century.
       Three months ago we watched a painful drama unfold in New 
     Orleans that brought to the surface deep frustration and 
     anger--and spectacular beauty. Immediately, there arose 
     across the country--around the world--a gut level sense that 
     life was precious and that everyone had a right to a 
     dignified rescue from that dreadful situation. When it became 
     evident that some people were much more vulnerable to the 
     ravages of nature than others--that poverty (with its roots 
     in racism) was the determining factor in how one fared, 
     people across the country--around the world--were outraged.
       Four years earlier, in the midst of the horrific aftermath 
     of the terrorist attacks in the U.S., the same intuition was 
     evident--to honor the sacredness of every life, to save 
     lives--every life possible. Period. Nothing else mattered--
     color of skin, language spoken, legal status in the U.S., 
     level of income. Everyone asked immediately how they could 
     help.
       We saw with new eyes and our hearts were broken--the 
     beginning of solidarity.
       Deep in the human heart, I believe, is an indelible sense 
     of the value of each human life and an instinct for 
     solidarity that accompanies, responds to, needs to shape our 
     conversation around a topic that is too often manipulated for 
     political gain or ideological reasons, yet will be central in 
     many ways to the future of the human community and the 
     integrity of creation.
       According to Franciscan theologian Bryan Massingale, 
     ``Security in the biblical worldview is an outcome of 
     pursuing [a] more comprehensive vision of shalom. When shalom 
     is established through the pursuit of justice, then true 
     security is found . . . Security is a state of being that 
     flows from the inclusion of all in the bounty of the earth.'' 
     Inclusive human security, as opposed to national security or 
     personal financial security, guarantees access to food, clean 
     water, healthcare, education and employment for all. It 
     recognizes the right of people to deep democracy--to 
     participate in important political, economic and 
     environmental decisions that affect their lives and it 
     respects the integrity of creation.
       This kind of security--inclusive human security--would 
     emerge from a ``globalization of solidarity,'' international 
     cooperation to meet the basic needs of all people in a manner 
     that nurtures right relationships within the community of all 
     life--human and beyond.
       The experience of solidarity between U.S. people and the 
     people of Central America in the 1970s and 80s and 90s taught 
     us about interdependence and about security rooted in 
     transnational community. That rich and deep experience of 
     solidarity exposed the lie that the security of a wealthy and 
     powerful few is threatened by the majority's desire for and 
     right to a dignified life. In fact, we learned what the poor 
     of Central America already knew--that the security--the very 
     survival--of the majority of people and of the earth herself 
     is profoundly threatened by the desire of the wealthy and 
     powerful to maintain wasteful and destructive lifestyles.
       It is clear now that true, inclusive security has to be 
     rooted in global community--in the globalization of 
     solidarity.
       At issue is how we define security, from whose perspective 
     and through what lens.
       And it seems to me that the global groaning we are now 
     experiencing is about shifting (especially in the global 
     North) from one definition to the other:
       . . . from pursuing security by building higher walls and 
     stronger fences, hiring fiercer guards, inventing more 
     powerful weapons systems, or dominating the global economy
       . . . to pursuing security through the adoption of a new--
     or perhaps a very old--cosmovision that sees and values the 
     whole community of life--and through collaborative attention 
     to ensuring that the basic needs of all human beings 
     everywhere are met. I believe that the role of the Church--of 
     faith communities and of educational institutions is key in 
     facilitating such a shift.
       Religious leaders, pastors, educators and the media have to 
     help us--
       Grapple with our own fear and insecurity, enabling us to 
     live with vulnerability--even see it as necessary for 
     faithful living in solidarity with the majority of people who 
     are always vulnerable;
       Rework our value system from the ground up--reclaiming the 
     positive (exhibited on 9/11 and in response to recent 
     hurricanes) and eliminating rather than orchestrating the 
     violent and destructive;
       Reset our priorities from the accumulation of power, wealth 
     and consumer goods to nurturing right relationships with 
     other people and the rest of creation;
       Move from individualism to emphasize community--ultimately 
     the global community;
       Learn to be present, to listen, to wait--to relinquish our 
     need for instant gratification;
       Develop our skills for social, political and economic 
     analysis and historical consciousness that might help us move 
     beyond sound bytes to understand root causes;
       Deal with our collective fear of aging and death; and
       Reexamine our symbols and myths to strip them of their 
     ability to isolate and blind us--helping us as a people to 
     rethink our way of being in the world, our relationship with 
     the rest of creation.
       ``Unless the grain of wheat falls to the earth and dies, it 
     remains alone. But if it dies, it bears much fruit.'' (John 
     12:23-26)

[[Page 28387]]

       Unless a seed falls to the ground and dies . . . the last 
     words of Archbishop Oscar Romero were about the price of 
     liberation--the cost of global solidarity, of inclusive human 
     security. His witness and that of Ita, Maura, Dorothy and 
     Jean can give us courage to move in that direction--courage 
     to birth a solidarity fitting for the intensely integrated 
     and bitterly divided world of the 21st century.
       Let me end with a little story:
       In 1986, with about 20 other internationals, I accompanied 
     a group of about 500 Salvadorans back to their own land near 
     Suchitoto, which was then still under intense conflict. Many 
     of them had been living at Calle Real refugee camp in San 
     Salvador for 7 years and they were bone tired of being unable 
     to plant crops and care for their families. After a few very 
     difficult days we were arrested--forced by the Salvadoran 
     military to leave the returning families a few heavily mined 
     kilometers from their destination. We and they were not sure 
     they would survive. But they did. They planted their crops 
     and when they reaped their first harvest of beans and corn a 
     few months later, they sent each of us a little packet of 
     black beans and corn kernels. I have treasured them since as 
     powerful symbols of courage and life--and solidarity.
       I lost my first cousin in the WorId Trade Center--he worked 
     at Cantor Fitzgerald and left his wife and two very young 
     children. About a week after the attack, I wound my way down 
     to the site of the devastation and planted a few of those 
     seeds from EI Salvador in a small park as close as I could 
     get to the destruction. In some ways it was a futile 
     gesture--indicative of my inability to imagine a more 
     practical gesture of support for his family. On the other 
     hand, those seeds carry great weight--the weight of what 
     might blossom were we to open our hearts as a nation to a way 
     of life given to global solidarity.
       Over a year later, I returned to Ground Zero with my 
     family. After they went on their way, I found my way back to 
     that little park just to see it after the debris had been 
     cleared--there was a tall stalk of corn where I had planted 
     the seed. It was unbelievable, but a powerful sign of hope to 
     me. The seeds of the solidarity that nourished us--North 
     Americans and Central Americans together will bear rich fruit 
     personally, nationally and globally--if we are willing to 
     risk planting them again.
                                                     Marie Dennis,
                                    El Salvador, December 3, 2005.

  Mr. LANTOS. Mr. Speaker, I commend my friend from Massachusetts for 
his singularly moving statement.
  Mr. Speaker, I yield 2 minutes to the distinguished gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  I rise in support of this resolution to honor the four United States 
churchwomen who were murdered in El Salvador 25 years ago this month: 
Maryknoll Sisters Maura Clarke, Ita Ford, Ursuline Sister Dorothy 
Kazel, and Maryknoll Lay Missioner Jean Donovan. Sisters Dorothy Kazel 
and Jean Donovan were both from my hometown of Cleveland. I was present 
at a neighborhood church during a reception for Sister Dorothy before 
she left on her last trip to El Salvador and have shared many moments 
with the Kazel family since then.
  These churchwomen, along with other martyrs, dedicated their lives to 
working with El Salvador's poor during the incredibly dangerous and 
devastating period of the Salvadoran civil war. What their lives were 
about was bringing the social Gospel to those most in need. More than 
70,000 civilians were murdered during the 12 years of that war.
  The legacies of a history ripe with violence have lingered. Perhaps 
the best way to honor the four churchwomen is to do what they would do, 
to acknowledge the human rights offenses that have continued to this 
day. I would like to address such offenses: the continued operation of 
the School of the Americas in Fort Benning, Georgia, under the new name 
of the Western Hemisphere Institute for Security Cooperation; and the 
ongoing threats to the Office of the Human Rights Ombudsman in El 
Salvador.
  I would like to urge support for Dr. Beatrice Alamanni de Carrillo, 
the Human Rights Ombudswoman of El Salvador. A crucial component of the 
1992 Peace Accords that put an end to the Salvadoran civil war was the 
establishment of the Office of the Human Rights Ombudsman, the 
principal human rights investigative and monitoring body in El 
Salvador. Dr. de Carrillo has received numerous accolades for her work 
strengthening human rights in El Salvador.
  Yet 25 years after the murders of the four U.S. churchwomen, threats 
against defenders of human rights continue. Over the course of the past 
year, the Ombudswoman has been the target of ongoing intimidation and 
harassment. The United States has the responsibility not only to 
recognize the work of the four churchwomen who we memorialize today but 
also to support those who are continuing to defend human rights in El 
Salvador.
  The murders of the churchwomen and countless others were executed by 
members of the armed forces of El Salvador. Three of the five officers 
involved in the 1980 rape and murder of four churchwomen were graduates 
of the School of the Americas. Other notorious graduates involved in 
human rights offenses in El Salvador have included: El Salvador death 
squad leader Roberto D'Abuisson; 19 Salvadoran soldiers linked to the 
1989 murder of six Jesuit priests, their housekeeper and her daughter; 
two of the three killers of Archbishop Oscar Romero of El Salvador; and 
10 of the 12 officers responsible for the murder of 900 civilians in 
the Salvadoran village, El Mozote.
  In supporting the resolution honoring the 4 churchwomen, I would like 
to urge for floor consideration of another bill offered by Congressman 
McGovern, H.R. 1217, the Latin America Military Training Review Act of 
2005, which closes the Western Hemisphere Institute for Security 
Cooperation.
  Additionally, I would like to urge support for Dr. Beatrice Alamanni 
de Carrillo, the Human Rights Ombudswoman of El Salvador. A crucial 
component of the 1992 Peace Accords that put an end to the Salvadoran 
civil war was the establishment of the Office of the Human Rights 
Ombudsman, the principal human rights investigative and monitoring body 
in El Salvador. Dr. de Carrillo has received numerous accolades for her 
work strengthening human rights in El Salvador. Yet 25 years after the 
murders of the four U.S. churchwomen, threats against defenders of 
human rights continue. Over the course of the past year, the 
Ombudswoman has been the target of ongoing intimidation and harassment, 
including anonymous death and other threats and public slander, at 
times even by high-ranking State officials. The United States has the 
responsibility to support the work of human rights defenders in El 
Salvador whenever we have the opportunity to do so. In memory of the 
four churchwomen murdered 25 years ago, I urge my colleagues to 
publicly support the work of Dr. de Carrillo and to pressure the State 
Department and the Embassy of El Salvador to also publicly support her 
work.
  Mr. OBEY. Mr. Speaker, I rise today to express my support for House 
Resolution 458, a resolution honoring the lives of four American 
churchwomen who were murdered just over 25 years ago in El Salvador. I 
am a cosponsor of the resolution and am gratified that the House has 
chosen to bring it to the floor under suspension of the rules.
  In late 1980, four American churchwomen were serving communities in 
El Salvador that were wracked by the violence of that country's civil 
war. They were murdered by members of the National Guard of El 
Salvador, horrifying the world and bringing home the impact of that war 
to the American public. These four lives were but a fraction of the 
70,000 civilians who perished in that conflict, and those numbers are 
dwarfed by the toll of the misery inflicted by the violence that raged 
up and down Central America in the 1970s and 80s.
  Locked in the struggle of the cold war, the U.S. turned a blind eye 
to much of the suffering in the region, focusing its efforts on the 
geopolitical ends of thwarting potential communist movements through 
military means, whether supporting the contras in Nicaragua or right-
wing governments in places like El Salvador. We look back on this 
period today with a mixture of relief that democracy prevailed and 
disgust at the tactics that were used.
  Brave action by these churchwomen carried the flag of democracy and 
human rights into that region, and helped freedom prevail. Our reliance 
on institutions like the School of the Americas to train the soldiers 
of leaders whose primary attractiveness to us was being ``not a 
communist'' rather than sharing our ideals of human rights hamstrung 
our efforts. Sadly, our military's reluctance to track those that we 
have trained makes it impossible for us to look beyond the anecdotal 
record of those who were the worst, or the best, to assess the true 
measure of what we did. However, that record was enough for those of us 
concerned about U.S. training of foreign militaries to push for closure 
of the School of the Americas and ensuring that the training that the 
U.S. military conducts here in the U.S. and

[[Page 28388]]

around the world ensures respect for human rights, democracy, and the 
rule of law. People like Joe Moakley and Tip O'Neill, who I wish were 
here to see this. As chairman of the Foreign Operations Subcommittee of 
the House Appropriations Committee in the 1980s, I led the fight with 
them to restrict U.S. military assistance to despotic regimes, and to 
conduct better oversight of foreign military training programs.
  Today, as much of our foreign assistance seems to be focused on the 
military front, in places like Colombia and elsewhere, we should 
remember that humanitarian assistance, development assistance, and 
people-to-people contact foster stronger bonds and better allies than 
military assistance alone. Ensuring clean water, education and stronger 
civil society provide a better life for everyday people do more to 
further our goals of fighting terror than another shipment of the 
weapons of war.
  Mr. LANTOS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BURTON of Indiana. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Conaway). The question is on the motion 
offered by the gentleman from Indiana (Mr. Burton) that the House 
suspend the rules and agree to the resolution, H. Res. 458, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




             RECOMMENDING INTEGRATION OF CROATIA INTO NATO

  Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 529) recommending the integration of the 
Republic of Croatia into the North Atlantic Treaty Organization, as 
amended.
  The Clerk read as follows:

                              H. Res. 529

       Whereas the United States recognized the Republic of 
     Croatia on April 7, 1992, acknowledging the decision of the 
     people of Croatia to live in an independent, democratic, and 
     sovereign country;
       Whereas since achieving their independence, the people of 
     Croatia have built a democratic society, based on the rule of 
     law, respect for human rights, and a free market economy;
       Whereas Croatia is a functioning democracy, with stable 
     institutions guaranteeing the rule of law, human rights, and 
     market economy;
       Whereas Croatia has previously cooperated with the North 
     Atlantic Treaty Organization (NATO) by allowing NATO free 
     access to its air space during NATO's 1999 military action 
     against Serbia;
       Whereas the United States has shown support for Croatia in 
     many ways since its independence, including by providing 
     Croatia with economic and military assistance that has 
     contributed significantly to the continued success;
       Whereas Croatia is a reliable partner of the United States, 
     actively contributing to the stabilization of South Central 
     Europe;
       Whereas NATO's Membership Action Plan, which was launched 
     in April 1999, is a program of assistance that provides both 
     goals and a roadmap for countries aspiring to NATO 
     membership;
       Whereas Croatia was invited into the Membership Action Plan 
     in May 2002 and has made substantial progress in attaining 
     the necessary level of reforms required for receiving an 
     invitation to start accession talks with NATO;
       Whereas the United States, Croatia, Albania, and Macedonia 
     are signatories to the United States-Adriatic Charter, which 
     promotes Euro-Atlantic integration and commits the signatory 
     nations to the values and principles of NATO and to joining 
     the Alliance at the earliest possible time;
       Whereas Croatia significantly improved its cooperation with 
     the International Criminal Tribunal for the former Yugoslavia 
     (ICTY);
       Whereas on October 3, 2005, the European Union decided to 
     open accession negotiations with Croatia based on the 
     assessment of its Council of Ministers that Croatia met the 
     political and economic criteria for candidacy in the European 
     Union, including that Croatia was fully cooperating with the 
     ICTY;
       Whereas Croatia has sent troops to Afghanistan as part of 
     the NATO-led International Security Assistance Force (ISAF) 
     in support of the war against terrorism and has endorsed and 
     is participating in the Proliferation Security Initiative 
     with like-minded nations across the world to prevent the flow 
     of weapons of mass destruction, missile systems, and related 
     material; and
       Whereas Croatia shares the common interests and values of 
     the free and democratic world: Now, therefore, be it
       Resolved,  That it is the sense of the House of 
     Representatives that--
       (1) the Republic of Croatia has made significant progress 
     since its independence in strengthening its democratic 
     institutions and respect for human rights and the rule of 
     law;
       (2) Croatia should be commended for its progress in meeting 
     the political, economic, military, and other requirements of 
     NATO's Membership Action Plan, its contribution to the global 
     war on terrorism, and for its constructive participation in 
     the United States-Adriatic Charter;
       (3) the Government of Croatia should be commended for its 
     ongoing cooperation with the International Criminal Tribunal 
     for the former Yugoslavia;
       (4) Croatia would make a significant contribution to NATO; 
     and
       (5) with complete satisfaction of NATO guidelines and 
     criteria for membership, Croatia should be invited to be a 
     full member of the North Atlantic Treaty Organization at the 
     earliest possible date.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Gallegly) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. GALLEGLY. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H. Res. 529, a resolution 
introduced that supports the accession of Croatia into the North 
Atlantic Treaty Organization.
  Since achieving their independence in 1992, the people of Croatia 
have built a democratic society based on the rule of law, respect for 
human rights, and a free market economy. In addition, they have sent 
troops to Afghanistan as part of the NATO-led security force in support 
of the war on terrorism and have provided strong support to the U.S. 
nonproliferation efforts.
  Mr. Speaker, just last week the one remaining impediment to Croatia's 
entry into NATO was removed when General Ante Gotovina, the alleged 
Croatian war criminal, was arrested in Spain. General Gotovina has been 
transferred to The Hague to stand trial before the International 
Criminal Tribunal for the former Yugoslavia. His arrest last Thursday 
in the Canary Islands confirms the truthfulness of the statements by 
the Croatian Government that Gotovina was not hiding in Croatian 
territory.
  House Resolution 529 commends Croatia's significant progress in 
strengthening its democratic institutions, its support for the global 
war on terrorism, and its ability to make significant contributions to 
NATO. It also applauds their ongoing cooperation with the International 
Criminal Tribunal.
  Finally, the resolution states that once it meets NATO's guidelines 
and criteria for membership, Croatia should be invited to join NATO at 
the earliest possible date.
  Mr. Speaker, Croatia is not only a strong ally of the United States. 
The American and Croatian people share a love of freedom and democracy. 
Croatia has been a steadfast friend, and it will make an important 
contribution to security and peace in Europe and throughout the world 
as a member of NATO. Both the Europe and Emerging Threats Subcommittee 
and the House International Relations Committee unanimously approved 
House Resolution 529, and I urge its adoption in the full House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I strongly support this resolution and urge all of my 
colleagues to do so.
  At the outset, I want to commend my good friend and fellow 
Californian (Mr. Gallegly) for introducing this important piece of 
legislation.
  Since dissolution of Yugoslavia, the Balkans have gone through a 
period of

[[Page 28389]]

profound instability, a deadly civil war, and the worst atrocities seen 
in Europe since the end of the Second World War.
  It would be entirely understandable in this context if Croatia had 
given in to the authoritarian impulses of its past and remained a state 
where the prospect for democracy remained a hope rather than a reality. 
And, indeed, the first Croatian Government after independence had 
elements of extreme nationalism that helped contribute to the 
atrocities of the 1990s.
  Fortunately, the Croatian people rose above their history and have 
embarked on fashioning democratic institutions that are mandatory for a 
pluralistic society. There have been two peaceful transfers of power in 
Croatia since 1991, and the parliamentary elections of 2003 were 
generally judged by the international community to be free and fair.
  Recently, the Government of Croatia has also adopted a more 
cooperative approach to working with the International Tribunal for the 
former Yugoslavia, providing key materials and documents that assist 
the work of this vital international institution. In fact, Mr. Speaker, 
just this past week, the last remaining key Croatian indictee, Ante 
Gotovina, was apprehended by Spanish authorities in the Canary Islands 
and transferred to The Hague to stand trial. We congratulate all those 
who had a part in bringing this infamous war criminal to justice, and 
we urge Croatia to continue its vital cooperation with the court. No 
civilized country can do less.
  In response to this increased cooperation, the European Union has 
decided to open accession talks that will eventually lead to the entry 
of Croatia to the European Union. In this context, Mr. Speaker, it is 
perfectly appropriate to start looking ahead to eventual full 
membership for Croatia in the North Atlantic Treaty Organization. 
Croatia is already a member of the Partnership for Peace, and its 
membership would further anchor Croatia in the emerging zone of freedom 
that continues to sweep across the face of the Eurasian land mass.
  Mr. Speaker, membership in NATO has been a linchpin in anchoring 
countries of the former Warsaw Pact firmly in the Euro-Atlantic 
framework. This resolution seeks to extend this successful policy to 
Croatia.
  However, we should note that becoming members of both the European 
Union and NATO will require further reforms by Croatia, and the 
Croatian Government has much work ahead. We should work together to 
ensure that Croatia takes all the vital steps, and I hope this 
resolution will kick off this important dialogue.
  Mr. Speaker, I urge all of my colleagues to support this important 
resolution.
  Mr. Speaker, I yield 3 minutes to the distinguished gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I thank my friend from California (Mr. 
Lantos) for yielding me this time.
  When Croatia was struggling for its independence and survival, I was 
one of the American political figures who challenged my own government 
for its lack of support for Croatia at a critical hour. Here I take 
great pride in asking my government in the House of Representatives as 
a Member to support the integration of the Republic of Croatia into the 
North Atlantic Treaty Organization.
  I take great pride in my Croatian heritage. My grandfather John 
Kucinich came from what is now part of Croatia. My father made sure 
that we stayed close to the Croatian culture and language while we were 
growing up in Cleveland, and greater Cleveland has a very large 
Croatian community. I take great pride in the achievements of my 
Croatian brothers and sisters in the United States as well as in 
Croatia and those around the world. And I agree that Croatia ought to 
be fully integrated into the European Union as well as NATO.
  I want to at the same time, though, make sure that I make Congress 
aware of the conduct of the Croatian television network, HRT, which 
has, unfortunately, denied an American film-
maker access to documentary film footage so as to frustrate the 
commercial release of her production.

                              {time}  2200

  This is not a routine matter, Mr. Speaker, because this film by Ms. 
Brenda Brkusic, ``Freedom From Despair,'' has received great critical 
acclaim. She has won many awards, including the CINE Golden Eagle 
Award, which has previously been awarded to international filmmakers 
Steven Spielberg and George Lucas. She has been recognized by her peers 
as an emerging talent in the film industry. The Croatian National 
Foundation has agreed to be her fiscal sponsor; and Amnesty 
International, the largest human rights organization in the world, has 
endorsed her film for its strong human rights advocacy.
  I believe that the Government of Croatia is sensitive to human rights 
issues, as has been stated by my friend Mr. Gallegly and also by my 
friend Mr. Lantos. However, we need to make sure that HRT, which is the 
state-owned television station, does not escape its responsibility to 
be sensitive to human rights.
  So, I am using this opportunity while I celebrate the support for 
Croatia, I also believe that it is important to continue to point out 
wherever there are questions relating to human rights, whether they be 
in freedom of expression, in telling the truth about the past or in 
trying to lay the groundwork for a bright future that Congress needs to 
be the proper forum to make those statements.
  Croatia desires to be in NATO to protect itself from outside forces. 
I want to make sure Croatia is protected from threats to freedom of 
expression inside the country of Croatia.
  When Croatia was struggling for its independence and survival I was 
one of the American political figures who challenged my own government 
for its lack of support for Croatia at a critical hour. I take great 
pride in my Croatian heritage. My grandfather was born in what is now 
Croatia. I take pride in the achievements of my Croatian brothers and 
sisters in Croatia, America and around the world.
  However, I want to make the Congress aware of the conduct of the 
Croatian television network HRT, which has deliberately denied an 
American filmmaker access to documentary film footage, so as to 
frustrate the commercial release of her production.
  The Croatian television network, HRT, initially gave Ms. Brenda 
Brkusic rights to film footage for student use in the production. Once 
she asked for commercial rights, HRT refused to cooperate. HRT has 
refused to answer her questions about the specific price for rights to 
the footage, giving her general, estimated quotes much higher than are 
quoted to other people who have inquired for footage rights, and they 
have suggested unreasonable limitations on those rights. Most recently, 
when she sent HRT a list of archives she was given by HRT for student 
use, HRT then informed her that they do not have the right to sell her 
that material. Ms. Brkusic asked HRT where she must go to get the 
rights, yet HRT refused to answer her questions. Furthermore, HRT has 
on other occasions sold that same material that Ms. Brkusic requested 
to other individuals for broadcast on television.
  This is not a routine matter about a routine film. Ms. Brkusic's 
film, ``Freedom from Despair,'' has received great critical acclaim. 
She has won many awards, including the CINE Golden Eagle award, which 
was previously been awarded to the internationally acclaimed filmmakers 
Steven Spielberg and George Lucas. She has been recognized by her peers 
as an emerging talent in the film industry. The Croatian National 
Foundation has agreed to be her fiscal sponsor, and Amnesty 
International, the largest human rights organization in the world, has 
endorsed her film for its strong human rights advocacy.
  The fact that numerous media outlets have agreed to donate their 
footage to her film at no cost is noteworthy. They include: ABC 7 
Chicago, NBC 5 Chicago, CBS 2, WGN 9 Chicago, and Greater Chicago 
Broadcast Ministries. They all granted her worldwide rights to their 
footage in perpetuity for free, within a few weeks of her request.
  HRT, on the other hand, has not only been uncooperative, but 
obstructive. This distresses me. Given the high profile on this film 
and the extraordinarily fast rising stardom of its director, a young 
Croatian-American, HRT's antics will damage the reputation of the 
Croatian government in the international community.

[[Page 28390]]

  Croatia desires to be in NATO to protect itself from outside enemies. 
But who will protect Croatia from threats to freedom of expression 
inside the country?
  Mr. LANTOS. Mr. Speaker, I have no additional requests for time, and 
I yield back the balance of my time.
  Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume 
to respond to Mr. Kucinich.
  Mr. Speaker, while I am not aware of the specific details that Mr. 
Kucinich outlined, I want to make it very clear I do appreciate his 
comment about Croatia and his feeling about its accession to NATO.
  I would like to say, while I am not familiar with that specific 
incident, I firmly believe that Croatia's overall record has 
significantly improved in human rights over the past decade. Although 
Croatia may not be perfect, just 14 years ago the Croatian people were 
living under a communist dictatorship and in the intervening period has 
made great strides in human rights and I believe has a very free press.
  Mr. Speaker, Croatia, like many other former communist states in 
Eastern and Central Europe, are relatively new democracies. There are 
still some areas that need improvement. However, there should be no 
doubt that the Croatian Government respects human rights and civil 
liberties.
  Mr. KUCINICH. Mr. Speaker, will the gentleman yield?
  Mr. GALLEGLY. I yield to the gentleman from Ohio.
  Mr. KUCINICH. First of all, I want to thank my friend for reviewing 
the history of commitment. I want to thank my friend for pointing out 
that Croatia has worked toward fulfillment of commitments on human 
rights. I would agree with that. At the same time, I would ask my 
friend to assist me in helping Croatia continue that commitment in an 
area that is really important, and that is freedom of expression.
  I would like to at some point after the debate share with the 
gentleman the specific concerns that I had that caused me to bring this 
up during debate. But I want to thank the gentleman for his 
sponsorship, for his commitment, and I join him in it.
  Mr. GALLEGLY. Mr. Speaker, reclaiming my time, I would like to 
personally go on record to make the firm commitment to my good friend 
Mr. Kucinich from Ohio to work with him on this issue. I think we are 
on the same page, and I look forward to working with him.
  Mr. Speaker, I yield 3 minutes to the gentleman from New Jersey (Mr. 
Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, I thank my friend for yielding.
  Mr. Speaker, I would just thank Chairman Gallegly for sponsoring this 
resolution. I am happy to be a cosponsor. I would just make the point 
that this supports the accession of Croatia into NATO. As either 
chairman or subcommittee chairman of the Global Human Rights and 
International Ops Committee for 6 years in the 1990s and as either 
chairman or cochairman of the Commission on Security and Cooperation in 
Europe, I have watched very closely the issues relating to Croatia over 
these many years.
  As a matter of fact, Frank Wolf and I actually got into Vukovar while 
it was under siege and saw the incredible devastation that occurred 
early in that war with Serbia, and one house after another, one block 
after another being literally decimated by the Serbian offensive.
  But so much has changed. So much has changed dramatically. As a 
matter of fact, over the last 5 years we have seen the real changes. 
For a while there, regrettably, the government was very wedded and many 
people in Croatia to nationalism, and some would even say extreme 
nationalism. That has now dissipated largely and now we have a Croat 
group of people, a free press, increasingly the NGOs, the church, all 
speaking on one accord for more human rights; and I do think over time 
and hopefully sooner rather than later they will make their way into 
NATO, provided the additional benchmarks are met.
  So this is a good statement of solidarity with the people of Croatia 
saying that we think it is time. I thank, again, Mr. Gallegly for 
sponsoring this.
  Mr. Speaker, as a cosponsor of H. Res. 529, I rise in strong support 
of this resolution that supports the accession of Croatia into the 
North Atlantic Treaty Organization. I have followed developments in 
Croatia extensively, both as a Chairman of the International Relations 
Committee and as Chairman or Co-Chairman of the Helsinki Commission. I 
can particularly recall--indeed, it would be hard to forget--the horror 
that accompanied the seige and ultimately the fall of Vukovar during 
the conflict in Croatia in 1991. That was the year Croatia proclaimed 
its independence from the disintegrating Yugoslavia. Few would have 
predicted that in such a short period of time Croatia would be 
advancing toward European integration at its current pace.
  It is true, as stated in this resolution, that since achieving 
independence, the people of Croatia have built a democratic society, 
based on the rule of law, respect for human rights and a free market 
economy. To be more precise, however, it is worth noting that most of 
this progress occurred in the last five years, after Croatia was able 
to move beyond the conflict but also to make its own transition away 
from nationalism. The lack of progress which occurred in the early 
years of Croatia's independence is not something to hide. It makes the 
progress achieved since 2000 all the more profound.
  It is also true that the people of Croatia deserve the credit. It was 
the Croatian people who became fed up with supporting the agenda of 
others. Through non-governmental organizations, independent media 
outlets and ultimately the ballot box, they earned their independence 
and freedom. Those representing Croatia's Serb community who made the 
decision to return to their homes, despite fears and lingering 
obstacles, also deserve credit for Croatia's progress. They have 
challenged the country to recover and to reconcile, and Croatia is 
stronger as a result. The people of Croatia have built a democratic 
society based on the rule of law, respect for human rights and a free 
market economy.
  They have sent troops to Afghanistan as part of the NATO-led security 
force in support of the war on terrorism and have provided strong 
support to U.S. nonproliferation efforts. Mr. Speaker, just last week, 
the one remaining impediment to Croatia's entry into NATO was removed 
when General Ante Gotovina, the alleged Croatian war criminal, was 
arrested in Spain. General Gotovina has been transferred to The Hague 
to stand trial before the International Criminal Tribunal for the 
former Yugoslavia.
  Mr. Speaker, the resolution states that once it meets NATO guidelines 
and criteria for membership, Croatia should be invited to join NATO at 
the earliest possible date. With its location, resources and talented 
people, a Croatia which satisfies the guidelines and criteria for NATO 
membership will strengthen the alliance.
  Support for Croatia's integration into NATO should also encourage 
others in the region to make similar progress. Two other Adriatic 
Charter partners, Albania and Macedonia, immediately come to mind. It 
is also my deepest hope that Bosnia and Herzegovina, ten years after 
the Dayton Accords ended the conflict there, can move beyond what have 
become the restraining effects of that peace agreement's ethnic 
balancing act, adopt serious constitutional reform and accelerate its 
integration into Europe as well. Finally, we all hope that people in 
Serbia will continue their efforts to overcome the bankrupt legacy left 
by extreme nationalism, in particular by taking every effort to bring 
to justice those responsible for war crimes, crimes against humanity 
and genocide, so that Serbia, too, can move forward.
  H. Res. 529 commends Croatia's significant progress in strengthening 
its democratic institutions, its support for the global war on 
terrorism and its ability to make significant contributions to NATO. It 
also applauds their ongoing cooperation with the international war 
crimes tribunal.
  Mr. Speaker, Croatia is not only a strong ally of the United States. 
The American and Croatian people share a love of freedom and democracy. 
Croatia has been a steadfast friend, and it will make an important 
contribution to security and peace in Europe and throughout the world 
as a member of NATO.
  Both the Europe and Emerging Threats Subcommittee and the House 
International Relations Committee unanimously approved House Resolution 
529, and I urge its passage by the full House.
  Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in closing, I would just like to thank my good friend, 
the ranking member of the full committee,

[[Page 28391]]

whom I have had the honor and pleasure of working with for many years, 
and thank him not only for his support, but powerful words this evening 
in support of this resolution. I ask our colleagues to join with us in 
passing this resolution tonight.
  Mr. CARDIN. Mr. Speaker, I am pleased to support this resolution as 
the ranking member of the Helsinki Commission. I visited Croatia in 
2000, shortly after new leadership came into power, and I was confident 
of the country's commitment to reform. I believe, 5 years later, we 
have seen that the people of Croatia truly are committed to reform.
  Of particular interest to me as a determinant of U.S. policy toward 
southeastern Europe has been the degree to which countries cooperate 
with the International Criminal Tribunal for the former Yugoslavia, 
located in The Hague. While Croatia has had a generally good record in 
this regard, the Gotovina case remained as a blot on that record. 
Fortunately, with Gotovina's recent apprehension on Spain's Canary 
Islands, Croatia can put this issue behind it.
  I hope, however, that the people of Croatia will view the work of the 
Tribunal as a necessary step to determine guilt or innocence, and that 
Croatian courts will similarly seek justice regarding cases relating to 
war crimes and crimes against humanity that it considers, regardless of 
who was responsible for these crimes and who were the victims.
  I also call for all remaining indictees to be apprehended and 
transferred to The Hague, in particular Ratko Mladic and Radovan 
Karadzic. The House made a similar call earlier this year when passing 
the resolution marking the massacre at Srebrenica in Bosnia. There has 
been some progress this year, but both Bosnian Serb and Serbian 
authorities need to do more. Otherwise, they will fall further behind 
in European and Euro-Atlantic integration to their own detriment.
  Mr. VISCLOSKY. Mr. Speaker, I rise today as the co-chair of the House 
Croatian Caucus in strong support of H. Res. 529. I would first like to 
thank Chairman Gallegly for authoring this legislation, the ranking 
member on the Europe Subcommittee, Mr. Wexler, as well as Mr. 
Radanovich, my co-chair of the House Croatian Caucus for all of their 
tireless work advocating for Croatia.
  Since 1994, on more than one occasion, Congress has endorsed the 
enlargement of NATO. Most recently, in 2003, Bulgaria, Estonia, Latvia, 
Lithuania, Romania, Slovakia, and Slovenia signed accession protocols 
to the Washington Treaty of 1949 signifying their willingness to join 
NATO. Since its independence from the former Yugoslavia in 1992, 
Croatia has made substantial progress in attaining the necessary level 
of military and political reforms required for receiving an invitation 
to begin accession negotiations with NATO. I am pleased to say that 
just this past October, the European Union began negotiations with 
Croatia based on its assessment that Croatia met the political and 
economic criteria for candidacy in the European Union.
  Croatia is a strong ally of the United Sates in the War Against 
Terrorism. Croatia has sent troops to Afghanistan as part of the NATO-
led International Security Assistance Force and has endorsed and is 
participating in the Proliferation Security Initiative to prevent the 
flow of weapons of mass destruction to that region.
  Stability in South Central Europe is a very high priority, and 
Croatia has become a valuable, constructive partner in this delicate 
region. Given the potential for future regional conflicts, NATO should 
want to take advantage of the greater contribution that Croatia would 
make toward peace and stability as a full member of NATO.
  The resolution before us today expresses the sense of the House of 
Representatives that Croatia has made significant progress since its 
independence in strengthening its democratic institutions and its 
respect for human rights and the rule of law. In addition, it commends 
the Republic of Croatia for the progress it has made since the end of 
its war for independence. Further, the Resolution commends Croatia for 
its progress in meeting the political, economic, military, and other 
requirements of NATO's Membership Action Plan, for its contribution to 
the global war on terrorism, and for its constructive participation in 
the U.S.-Adriatic Charter.
  In closing Mr. Speaker, I would like to once again thank the 
International Relations Committee for reporting this resolution and 
urge my colleagues to support this resolution and approve Croatia's 
accession into NATO.
  Mr. RADANOVICH. Mr. Speaker, I rise today in support of H. Res. 529, 
recommending Croatia's integration into NATO. As a co-chair of the 
Congressional Croatian Caucus I am pleased to support this bipartisan 
resolution. The success to date of H. Res. 529 is due to the vision and 
resolve shown by members of the Caucus to effectively drive this 
important measure forward, in addition to the hard work of the National 
Federation of Croatian Americans, NFCA, and the Croatian Embassy.
  The success of H. Res. 529 is yet another testimony that ongoing 
reforms by the Croatian Government are reaping significant rewards that 
are of immense benefit both domestically and internationally. This is 
crucial in paving the country's path towards Euro-Atlantic integration.
  Voting in favor for this cause will send a very strong message that 
the significant progress Croatia has made to date has not gone 
unrecognized in Congress. More importantly, the full adoption of H. 
Res. 529 will officially sanction and invigorate mutually complementary 
U.S./Croatian strategic interests towards trans-Atlantic integration 
issues.
  Mr. GALLEGLY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Conaway). The question is on the motion 
offered by the gentleman from California (Mr. Gallegly) that the House 
suspend the rules and agree to the resolution, H. Res. 529, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




     URGING RUSSIAN FEDERATION TO WITHDRAW LEGISLATION RESTRICTING 
             ESTABLISHMENT OF NONGOVERNMENTAL ORGANIZATIONS

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 312) urging the 
Government of the Russian Federation to withdraw or modify proposed 
legislation that would have the effect of severely restricting the 
establishment, operations, and activities of domestic and foreign 
nongovernmental organizations in the Russian Federation, as amended.
  The Clerk read as follows:

                            H. Con. Res. 312

       Whereas Russian Federation President Putin has stated that 
     ``modern Russia's greatest achievement is the democratic 
     process (and) the achievements of our civil society'';
       Whereas the unobstructed establishment and free and 
     autonomous operations and activities of nongovernmental 
     organizations and a robust civil society free from excessive 
     government control are central and indispensable elements of 
     a democratic society;
       Whereas the free and autonomous operations of 
     nongovernmental organizations in any society necessarily 
     encompass activities, including political activities, that 
     may be contrary to government policies;
       Whereas domestic, international, and foreign 
     nongovernmental organizations are crucial in assisting the 
     Russian Federation and the Russian people in tackling the 
     many challenges they face, including in such areas as 
     education, infectious diseases, and the establishment of a 
     flourishing democracy;
       Whereas the Government of the Russian Federation has 
     proposed legislation that would have the effect of severely 
     restricting the establishment, operations, and activities of 
     domestic, international, and foreign nongovernmental 
     organizations in the Russian Federation, including erecting 
     unprecedented barriers to foreign assistance;
       Whereas the State Duma of the Russian Federation is 
     considering the first draft of such legislation;
       Whereas the restrictions in the first draft of this 
     legislation would impose disabling restraints on the 
     establishment, operations, and activities of nongovernmental 
     organizations and on civil society throughout the Russian 
     Federation, regardless of the stated intent of the Government 
     of the Russian Federation;
       Whereas the stated concerns of the Government of the 
     Russian Federation regarding the use of nongovernmental 
     organizations by foreign interests and intelligence agencies 
     to undermine the Government of the Russian Federation and the 
     security of the Russian Federation as a whole can be fully 
     addressed without imposing disabling restraints on 
     nongovernmental organizations and on civil society;
       Whereas there is active debate underway in the Russian 
     Federation over concerns regarding such restrictions on 
     nongovernmental organizations;
       Whereas the State Duma and the Federation Council of the 
     Federal Assembly play a central role in the system of checks 
     and balances that are prerequisites for a democracy;
       Whereas the first draft of the proposed legislation has 
     already passed its first reading in the State Duma;

[[Page 28392]]

       Whereas President Putin has indicated his desire for 
     changes in the first draft that would ``correspond more 
     closely to the principles according to which civil society 
     functions''; and
       Whereas Russia's destiny and the interests of her people 
     lie in her assumption of her rightful place as a full and 
     equal member of the international community of democracies: 
     Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) urges the Government of the Russian Federation to 
     withdraw the first draft of the proposed legislation that 
     would have the effect of severely restricting the 
     establishment, operations, and activities of domestic, 
     international, and foreign nongovernmental organizations in 
     the Russian Federation, or to modify the proposed legislation 
     to entirely remove these restrictions; and
       (2) in the event that the first draft of the proposed 
     legislation is not withdrawn, urges the State Duma and the 
     Federation Council of the Federal Assembly to modify the 
     legislation to ensure the unobstructed establishment and free 
     and autonomous operations and activities of such 
     nongovernmental organizations in accordance with the 
     practices universally adopted by democracies, including the 
     provisions regarding foreign assistance.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in very strong support of H. Con. Res. 312, 
introduced by the very distinguished chairman of our full committee, 
Chairman Henry Hyde, urging the Government of the Russian Federation to 
withdraw or modify proposed legislation that would have a chilling 
effect on civil society in that country.
  Amazingly, as Russia prepares to assume leadership of the G-8 and the 
Council of Europe next month, Russian lawmakers have been working 
feverishly to subordinate pockets of independent thought and action to 
state control. The focus of recent days has been on nongovernmental 
organizations, especially those working in the fields of human rights 
and democracy. In essence, the provisions would require all 
nongovernmental organizations to re-register with a government 
commission empowered with invasive powers to monitor NGO activities.
  The Duma has passed amendments to the Law on Public Associations by a 
vote of 370-18, but the measure must go through further readings 
scheduled for next week and signed then by Vladimir Putin before it 
becomes law. In mid- November, members of the Helsinki Commission, 
which I am cochair of, sent a letter which I will make a part of the 
Record to the Speaker of the Russian Duma, Boris Gryzlov, urging the 
Duma to reject the pending proposed amendments, purportedly crafted 
with input from Putin's advisers.
  The move against NGOs, Mr. Speaker, is not occurring in a vacuum, but 
is calculated to move in a lead-up to the critical parliamentary 
elections that are scheduled for 2007 and a presidential contest the 
following year to replace Putin, who is prevented from seeking another 
term.
  In response to expressions of concern from the United States and 
others, some modifications to the draft are apparently being 
considered, though it is still unclear the extent to which the 
amendments will be revamped. We will not have a full picture until next 
week. By then, it may be too late to change before landing on President 
Putin's desk. Thus, consideration of Chairman Hyde's measure comes at a 
critical time for the House to be on record opposing the burdensome 
compulsory registration requirements being proposed.
  As originally drafted, the proposed amendments will require Russia's 
approximately 450,000 NGOs to re-register with a government commission 
under a complicated registration procedure and would expand the ability 
of the government to deny registration permission.
  Financial auditing, a tactic currently used to harass opposition 
NGOs, would also become more intrusive under the bill's provisions. No 
doubt there would be negative impact on foreign-based organizations, 
such as Human Rights Watch and the Carnegie Foundation, while 
increasing controls over NGOs of Russian origin.
  Mr. Speaker, whatever package of amendments to the legal framework 
for NGOs in Russia finally emerges, they must be evaluated in light of 
that country's commitments as a member of the Council of Europe and 
participating state in the Organization For Security and Cooperation in 
Europe. Do the proposals under consideration in the Russian Duma fully 
respect the right of individuals to freedom of association, or do they 
undermine that fundamental freedom under the guise of fighting 
corruption and terrorism? That is the key question. This resolution 
gets us on record, and hopefully it will have some sway with the Duma 
and with President Putin.
  Mr. Speaker, I include for the Record the letter I referred to 
earlier to the Chairman of the Russian State Duma, Boris Gryzlov.

                                            Commission on Security


                                    and Cooperation in Europe,

                                Washington, DC, November 18, 2005.
     Hon. Boris Gryzlov,
     Chairman, Russian State Duma, 2 Okhotny Ryad, Moscow, Russian 
         Federation.
       Dear Mr. Chairman: As Members of the Commission on Security 
     and Cooperation in Europe, we urge you to seek rejection of 
     the proposed amendments to the Law on Public Associations 
     pending in the State Duma that would have a chilling effect 
     on civil society in the Russian Federation, including the 
     functioning of non-governmental organizations focused on 
     human rights and democracy.
       These proposals would seriously undermine the rights of 
     individuals in Russia to freedom of association, 
     subordinating this fundamental right to excessive and 
     intrusive control by organs of the state. Besides apparent 
     conflicts with provisions of the Russian Constitution, these 
     burdensome compulsory registration requirements run counter 
     to numerous international commitments concerning the right of 
     individuals to form, join and participate effectively in 
     nongovernmental organizations, including longstanding OSCE 
     provisions. If adopted, these proposals would jeopardize the 
     very existence of a number of well-established human rights 
     NGOs, cripple the non-governmental sector and undermine 
     effective public oversight of governmental activity and 
     policy. History has shown that a vibrant civil society and 
     economically prosperous nation cannot long withstand such 
     intellectual stagnation.
       Under the guise of fighting corruption and terrorism, the 
     amendments would in fact deal a potential death blow to 
     Russian civil society, reversing important advances made 
     since the institution of glasnost. Enhanced enforcement of 
     the existing criminal code should suffice to address any 
     genuine security concerns. Indeed, the pending proposals 
     reflect an attitude toward independent political activity 
     that is reminiscent of Russia's Soviet past. Adoption of 
     these amendments would send a particularly negative signal at 
     a time when Russia is preparing to assume leadership of the 
     G-8 and the Council of Europe.
       Mr. Chairman, we know that you and your colleagues aspire 
     to a democratic and prosperous Russia, and trust that you 
     recognize that further restrictions on civil society would 
     lead Russia away from that goal.
           Sincerely,
     Christopher H. Smith, M.C.,
       Co-Chairman.
     Sam Brownback, U.S.S.,
       Chairman.
     Benjamin L. Cardin, M.C.,
       Ranking Member.
     Frank R. Wolf, M.C.,
       Commissioner.
     Joseph R. Pitts, M.C.,
       Commissioner.
     Mike Pence, M.C.,
       Commissioner.
     Christopher J. Dodd, U.S.S.,
       Ranking Member.
     Russell D. Feingold, U.S.S.,
       Commissioner.
     Hillary Rodham Clinton, U.S.S.,
       Commissioner.
     Mike McIntyre, M.C.,
       Commissioner.

  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I rise in very strong support of this 
resolution, and I yield myself such time as I may consume.
  Mr. Speaker, I want to commend my good friend, the chairman of the 
International Relations Committee, Henry Hyde, for introducing this 
resolution of which I am the principal Democratic cosponsor. I also 
want to thank my friend from New Jersey (Mr. Smith) for his strong 
support.

[[Page 28393]]

  Mr. Speaker, under Vladimir Putin, Russia is marching back towards 
its totalitarian past. It has rejected democratic institutions, 
undermined democratic procedures, and reversed the progress made as the 
Cold War came to an end. Not long ago, the world looked with hope and 
optimism towards the emergence of a truly democratic Russia, but then 
Putin came to power. Under Putin, the Kremlin first focused its 
attention on stifling independent television, restricting open, free 
and unrestricted news coverage. That was followed by a heavy-handed 
effort to intimidate the business community.
  The leaders of Russia's largest, most successful and most transparent 
private corporation, Mikhail Khodorkovsky and Platon Lebedev, were 
arrested on trumped-up charges, held in prison for many months, put in 
a cage and tried before a kangaroo court. Then they were sentenced to 
draconian prison terms and are serving as we meet here tonight in 
Siberia. Shades of the gulag.
  The latest and in many ways one of the most insidious steps is an 
effort that will take Russia back to the era of the czars and the 
commissars: legislation was recently introduced in the Russian Duma 
that would severely restrict the establishment or the activities of 
domestic and foreign nongovernmental organizations within Russia.
  Mr. Speaker, in countries around the globe, civil society is promoted 
by nongovernmental organizations, some domestic and some international. 
They foster the values and the virtues that are key to any modern 
society, limited government, democratic elections and the rule of law 
and respect for human rights. They promote free association and freedom 
of expression. They encourage the conditions that are essential for 
open market-oriented economies. They promote assistance for the poor, 
the elderly, the sick, and the disabled. Such organizations foster 
political pluralism, individual liberty, and the rights of individual 
men and women.

                              {time}  2215

  Mr. Speaker, the resolution we are considering today was introduced 
by my good friend, the distinguished chairman of the Committee on 
International Relations, the gentleman from Illinois (Mr. Hyde). I was 
pleased to join him as the principal Democratic sponsor.
  Our resolution is timely, and it is important. It urges the Russian 
government to withdraw proposed legislation that would restrict and 
limit the activities of nongovernmental organizations in Russia. It is 
in Russia's own interest to have a vigorous and energetic civil society 
to contribute to the richness and to the diversity of the country.
  Mr. Speaker, Russia would like to be treated and to be seen as a 
leading democratic nation. It wants to be considered a member of the 
group of industrialized democracies. Putin wants to host the next round 
of meetings of the G-7 in St. Petersburg, but this is an organization 
to which Russia, marching towards authoritarianism, does not properly 
belong.
  Russia is not an advanced industrial democracy. It is a resource-rich 
country whose economy is kept afloat by crude oil and natural gas 
revenues. As the actions of the Putin government continue to 
demonstrate, it certainly is not a democracy.
  Mr. Speaker, our resolution is a warning to the government of Russia 
that it is taking a dangerous and counter-productive course, a course 
that is destructive of the goals that the government and its people 
seek. As the text of our resolution notes, ``Russia's destiny and the 
interests of her people lie in her assumption of her rightful place as 
a full and equal member of the Western community of democracies,'' but 
the proposed NGO legislation is ``incompatible with membership in that 
community.''
  Let me also add, Mr. Speaker, that just recently we were profoundly 
disturbed that Russia agreed to sell to Iran, clearly the number one 
terrorist-supporting nation on the face of this planet, sophisticated 
air defense equipment. This is clearly not the action of a democratic 
and pro-Western society.
  I urge all of my colleagues to support this important resolution.
  Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Ohio (Mr. 
Kucinich).
  Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman for his 
eloquence on this matter.
  I have been to Russia many, many times, and I believe it is always in 
the interest of peace between our two countries for us to keep an 
active dialogue, even on matters that are very difficult.
  H. Con. Res. 312 urges the government of the Russian Federation to 
withdraw or modify proposed legislation that would have the effect of 
severely restricting the establishment, operations and activities of 
foreign NGO's in the Russian Federation.
  I would agree that there are many NGO's that do great work in civil 
society and peace and human rights, in workers rights, in the 
environment and in health care, but there are also some bad apples in 
the bunch, and we cannot ignore that. If the Russian government were, 
for example, to be looking at the role that the National Endowment for 
Democracy played in the April 2002 coup of President Hugo Chavez in 
Venezuela, the Russian government would have good reason to oppose 
foreign NGOs in their country.
  The State Department's Richard Boucher acknowledged that the Bush 
administration provided ``funding to groups that promote democracy and 
strengthen civil society in Venezuela and around the globe.'' He 
further stated that the funds are ``for the benefit of democracy, not 
to support any particular political faction.''
  According to the New York Times, the organization ``funneled more 
than $877,000 into Venezuelan opposition groups in the weeks and months 
before the recently aborted coup attempt.'' More than $150,000 went to 
``a Venezuelan labor union that led the opposition work stoppages and 
worked closely with Pedro Carmona Estanga, the businessman who led the 
coup.'' That is from the New York Times.
  The National Endowment for Democracy, over the years, has actively 
worked to destabilize governments in Central America and Eastern 
Europe. According to a book by former State Department employee, 
William Blum, entitled, Rogue State: A Guide to the World's Only 
Superpower, the NED ``played an important role in the Iran-Contra 
affair of the 1980s, funding key components of Oliver North's shadowy 
Project Democracy network, which privatized U.S. foreign policy, waged 
war, ran arms and drugs, and engaged in other equally charming 
activities.''
  So we in the United States have legitimate complaints about a variety 
of conditions in the Russian Federation and in other countries around 
the world, but I question whether we have the right to encourage the 
channeling of funds into NGOs who work as instruments of U.S. foreign 
policy. I thank the gentleman for the opportunity to present this.
  I have been to Russia many, many times and I believe it is always in 
the interest of peace between our two countries for us to keep on 
active dialogue.
  H. Con. Res. 312, which urges the Government of the Russian 
Federation to withdraw or modify proposed legislation that would have 
the effect of severely restricting the establishment, operations, and 
activities of domestic and foreign NGOs in the Russian Federation.
  While there are many NGOs that do great work in civil society, in 
working rights, in peace, in environment, in human rights, in health 
care, there are some bad apples of the bunch and we cannot ignore that. 
If the Russian government were to look at, for example, the role that 
the National Endowment for Democracy played in the April 2002 coup of 
President Hugo Chavez in Venezuela, the Russian government would have 
good reason to oppose foreign NGOs in their country.
  The State Department's Richard Boucher acknowledged that the Bush 
administration provided ``funding to groups that promote democracy and 
strengthen civil society in Venezuela and around the globe.'' He 
further stated that the funds ``are for the benefit of democracy, not 
to support any particular political faction.''
  According to the New York Times, the organization ``funneled more 
than $877,000 into Venezuela opposition groups in the weeks and

[[Page 28394]]

months before the recently aborted coup attempt.'' More than $150,000 
went to ``a Venezuelan labor union that led the opposition work 
stoppages and worked closely with Pedro Carmona Estanga, the 
businessman who led the coup.''
  The National Endowment for Democracy, over the years, has actively 
worked to destabilize governments in Central America and Eastern 
Europe.
  According to a book by former State Department employee, William 
Blum, entitled Rogue State: A Guide to the World's Only Superpower the 
NED ``played an important role in the Iran-Contra affair of the 1980s, 
funding key components of Oliver North's shadowy Project Democracy 
network, which privatized U.S. foreign policy, waged war, ran arms and 
drugs, and engaged in other equally charming activities.''
  So we in the United States have legitimate complaints about a variety 
of conditions in the Russian Federation and in other countries around 
the world, we do not have the right to channel funds into NGOs who work 
as instruments of U.S. foreign policy.
  Mr. LANTOS. Mr. Speaker, we have no additional requests for time, I 
strongly urge all of my colleagues to vote for this resolution, and I 
yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman from 
California (Mr. Lantos), this is a Hyde-Lantos bill, for his leadership 
on this bill.
  Mr. CARDIN. Mr. Speaker, I rise in support and as a cosponsor of H. 
Con. Res. 312, to urge the Russian Government to alter or withdraw the 
proposed legislation affecting nongovernmental organizations, NGO's, 
operating in Russia. The Russian legislation would severely restrict 
foreign assistance to NGO's in Russia and would also force existing 
Russian NGO's to reregister with the government.
  The draft Russian bill raises a number of serious concerns, and may 
violate Russia's commitments to the OSCE. Several hundred thousand 
nongovernmental organizations currently operate in Russia, representing 
all sections of society. By forcing all NGO's to reregister, the 
Russian Government will have the power to subjectively deny 
registration to some organizations and limit the activities of others. 
This legislation strikes at the heart of basic democratic freedoms: the 
right of individuals to freely associate and participate in society. 
Some of the provisions in this bill would also increase the oversight 
of financial auditing of NGO's, which the government could use to place 
restrictions on opposition groups.
  Just months ago, the Russian President Vladimir Putin outlawed any 
foreign funding of political parties in Russia. This legislation goes 
further and affects human rights groups and other NGO's who are only 
seeking to improve the nature of Russia's civil society. Foreign 
organizations would be required to register as legal Russian entities, 
seriously hindering their attempts to promote democracy and 
accountability in Russia. Many organizations which have conducted 
prominent and important human rights work in Russia since the collapse 
of the Soviet Union would see their activities curtailed under the 
Russian bill, which may lead to the partial or complete closure of 
critical offices inside of Russia.
  Last month, the State Duma in Russia approved the first reading of 
the bill by 370 to 18 votes, despite more than 1,000 NGO's appealing 
for the Duma to reject it. This Friday, December 16, the Duma has 
scheduled a second reading of the bill. As the ranking member of the 
Helsinki Commission, I have worked closely with Commission Cochairman 
Chris Smith in opposition to this bill. The Helsinki Commission sent a 
bipartisan, bicameral letter in November--which I cosigned--to the 
Chairman of the Russian State Duma urging the rejection of this 
legislation. In particular, the letter emphasized the importance that 
nongovernmental organizations play in civil society and in fulfilling 
Russia's obligations as a democratic state and member of the 
international community.
  Russia has made great strides since the end of the Cold War. There 
were serious concerns that Russia would not have a smooth transition to 
a fully functioning democracy. I am gravely concerned about recent 
developments in Russia. President Putin himself has said that ``modern 
Russia's greatest achievement is the democratic process (and) the 
achievements of civil society''. I therefore call on President Putin 
and the State Duma to be true to their word and reject this bill, to 
reaffirm their commitment to the democratic process and civil society.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
312, as amended.
  The question was taken.
  The SPEAKER. In the opinion of the Chair, two-thirds of those present 
have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________




                             GENERAL LEAVE

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H. Con. Res. 
312.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                          ____________________




                         CONDEMNING THE LAOGAI

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 294) calling on the 
international community to condemn the Laogai, the system of forced 
labor prison camps in the People's Republic of China, as a tool for 
suppression maintained by the Chinese Government, as amended.
  The Clerk read as follows:

                            H. Con. Res. 294

       Whereas the Laogai is a vast prison labor system in the 
     People's Republic of China and consists of a network of more 
     than 1,000 prisons, camps, and mental institutions in which 
     detainees must work at factories, farms, mines, and other 
     facilities;
       Whereas the two major aims of the Laogai are to generate 
     economic resources for the state through free labor and to 
     ``reform criminals'' through hard labor and political 
     indoctrination;
       Whereas the Government of the People's Republic of China 
     relies on the Laogai as a tool for political suppression of 
     pro-democracy activists, Internet dissidents, labor 
     activists, and religious and spiritual believers, including 
     Han Chinese, Tibetans, Uyghurs, Mongolians, and ``house 
     church'' Christians;
       Whereas, while the Soviet Gulags no longer exist, the 
     Chinese Laogai is still fully operational, subjecting most of 
     its three million prisoners to forced labor by threatening 
     torture;
       Whereas fifty million people have suffered as prisoners in 
     the Laogai since its inception;
       Whereas Laogai prisoners are deprived of religious freedom 
     and forced to give up their political views in order to 
     become a ``new socialist person'' and uphold communism and 
     the Chinese Communist Party;
       Whereas in recent years, more than 100,000 religious 
     believers have been unjustly and illegally imprisoned in one 
     Laogai camp alone, where they have been beaten, tortured, and 
     often killed;
       Whereas Laogai prisoners are forced to work long hours in 
     appalling conditions, including mining asbestos and other 
     toxic chemicals with no protective clothing, tanning hides 
     while standing naked in vats filled with chemicals used for 
     softening of animal skins, and working in mining facilities 
     where explosions and other accidents are a common occurrence;
       Whereas it is documented that China's national policy since 
     1984 has been to extract organs from executed prisoners 
     without prior consent of the prisoners or their family 
     members, setting China apart from every other country in the 
     world;
       Whereas there are more than 1,000 instances in which organs 
     are harvested from executed Chinese prisoners every year;
       Whereas both Chinese and foreign patients from around the 
     world receive organs transplanted from executed Chinese 
     prisoners;
       Whereas Laogai prisoners are required to make confessions 
     of their wrongdoings, which include political and religious 
     views that the Chinese Communist Party wishes to suppress;
       Whereas Chinese citizens are not guaranteed due process of 
     law nor even a right to trial;
       Whereas many individuals are often convicted and sentenced 
     with no trial at all, or they are convicted with ``evidence'' 
     extracted through torture;
       Whereas in one part of the Laogai system known as the 
     Laojiao, or reeducation-through-labor, Chinese citizens can 
     be detained for up to three years without any judicial review 
     or formal appearance in the judicial system;

[[Page 28395]]

       Whereas goods produced by forced labor in the Laogai system 
     continue to be exported to the United States and the world;
       Whereas the Chinese Government has continuously encouraged 
     the export of goods produced through the Laogai prison system 
     and relies on forced labor as an integral part of its 
     economy;
       Whereas forced labor and torture practices carried out in 
     the Laogai violate international laws, standards, and 
     treaties to which China is party, including the United 
     Nations Charter, the Universal Declaration of Human Rights, 
     and the Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment; and
       Whereas China, a member State of the International Labor 
     Organization, also violates many agreements regarding labor 
     conditions and the rights of workers: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring),  That Congress--
       (1) calls on the international community to condemn the 
     Laogai, the system of forced labor prison camps in the 
     People's Republic of China, as a tool for suppression 
     maintained by the Chinese Government;
       (2) calls on the Government of the United States to fully 
     implement United States laws that prohibit the importation of 
     forced labor products made in the Laogai;
       (3) calls on the Government of the United States to take 
     actions to review the implementation of the Memorandum of 
     Understanding on Prison Labor in 1992 and the Statement of 
     Cooperation in 1994 with respect to the Laogai;
       (4) will undertake efforts to join with the European 
     Parliament to urge the introduction of a resolution at the 
     United Nations Human Rights Commission condemning the Laogai 
     and the human rights situation in China;
       (5) calls on the Government of the People's Republic of 
     China to release information about the Laogai, including the 
     total number of Laogai camps and prisoners throughout China, 
     the exact locations of the camps, and the business production 
     activities taking place at the camps;
       (6) calls on the Government of the People's Republic of 
     China to release information about the number of executions 
     of prisoners at the camps that are carried out every year, 
     and the extent of the harvesting and transplantation of 
     organs of executed prisoners;
       (7) urges the Government of the People's Republic of China 
     to allow unrestricted visits by international human rights 
     inspectors, including United Nations inspectors, to Laogai 
     camps throughout China; and
       (8) urges the Congressional-Executive Commission on China 
     to continue to investigate the Laogai system in China and to 
     make recommendations for United States policy that will help 
     protect human rights for Chinese citizens.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of this resolution which calls 
for the condemnation of the vast Laogai labor system of more than 1,000 
prisons, camps and mental institutions maintained by the government of 
the People's Republic of China, and of the use of forced labor as an 
integral part of China's economy.
  I would note parenthetically that, back in 1992, the gentleman from 
Virginia (Mr. Wolf) and I gained access to one of those prison camps, 
Beijing Prison Camp Number 1, a horrible place where 40 Tiananmen 
Square activists were being punished for their peaceful activities. 
Hundreds of others were also imprisoned there for political, religious 
and other alleged crimes. The place reeked of cruelty and sadness and 
was a nightmarish insight into the dark soul of the Chinese Communist 
dictatorship. Today, sadly, the Laogai continues its cruelty unabated.
  Indeed, the continued operation of this network of Stalinist camps 
within China's borders raises grave questions about Beijing's 
commitment to engage in reform even after it seeks to be recognized as 
a leader among the community of nations.
  The Laogai, which was created by the Chinese Communist party under 
Mao Zedong and modelled after the Soviet Gulag system, serves the one-
party dictatorship as a tool to maintain control of a population 
yearning to be free. The Laogai system has tormented more than 50 
million people since its founding and still contains as many as 4 
million prisoners today. It not only provides the government a source 
of cheap labor, it also serves to instill fear in its citizens lest 
they be forced to go through ``reeducation'' through hard labor and 
compulsory political indoctrination.
  The low cost of maintaining these prisons provides additional 
incentive for the PRC to continue its use of the Laogai system. The use 
of slave labor to manufacture a product for export as an integral part 
of its economy represents not only a violation of international law and 
labor standards but represents an unfair trade practice which widens 
the trade deficit and threatens American jobs.
  As is so common in authoritarian regimes, the PRC represses freedom 
of religion and expression through this system of more than 1,000 
prisons. As we know, Mr. Speaker, these prisoners are given no legal 
rights and are often tortured in order to induce confessions. All 
Laogai prisoners are forced to labor in order to remake them as new 
socialist persons. New arrivals are subjected to immediate, daily, 
lengthy interrogation sessions and forced to admit their ``crimes.'' 
These sessions may last days, weeks and even months. In some cases, 
they last years. If a prisoner resists, he or she is tortured.
  The horrifying trade in human organs from China is the latest 
development of the Laogai system. The organs of more than 1,000 
executed prisoners have reportedly been harvested for money. In the 
1990s and to the year 2005, as part of the series of about 24 
Congressional hearings that I have chaired on human rights abuses in 
China, I conducted one extraordinary hearing on this grizzly business. 
In that hearing, with the help of the great Harry Wu, a survivor of the 
Laogai himself, we heard from a former PRC police officer who testified 
and brought compelling proof as to how prisoners were shot, but not 
killed, and moved to awaiting ambulances to begin the process of 
removing their organs for transplantation.
  The practice reminded me and many others in that hearing of the 
atrocities committed by the infamous Nazi, Dr. Joseph Mengele.
  Despite numerous human rights treaties, Mr. Speaker, to which the PRC 
is a signatory, the government continues to use the Laogai as a means 
to suppress groups such as the Falun Gong and other religious 
believers, but in the case of the Falun Gong, up to 50 percent of the 
Laogai prisoner population is made up of those individuals.
  Cyber dissidents and journalists are increasingly being crushed by 
the Laogai system as well. As in the case of Shi Tao, a journalist who 
is now serving a 10-year forced labor sentence at a jewelry factory 
attached to the Chishan prison for sending an e-mail through his Yahoo 
account warning journalists of the dangers of social destabilization 
and the risks of return of certain dissidents on the 15th anniversary 
of the Tiananmen Square massacre.
  I point out to my colleagues, and I hope that each and every one of 
you will read this, there is a very, very strong statement on torture 
by the U.N. rapporteur on torture who has just finished his report, 
Manfred Nowak.
  He said that the abuse of suspects and prisoners remains widespread. 
His report describes some of the torture methods used by China's police 
and prison officers to extract confessions and maintain discipline: 
Emersion in sewage, sleep deprivation, cigarette burns and beating with 
electric prods. Not surprisingly, Mr. Nowak also accused the Chinese 
officials of systematically interfering with his investigations.
  Victims and family members were intimidated by security personnel 
during the visit, placed under surveillance or instructed not to meet 
with Mr. Nowak. Among the prisoners, Mr. Nowak said he observed ``a 
palpable level of fear and self-censorship'' that he had not seen in 
missions in other countries.
  One cannot be optimistic given recent events, but killings by gunfire 
last week of at least 20 residents in the village of Dongzhou in 
southern China by Beijing's security forces is further evidence that 
China has a long way to go in achieving the rule of law.

[[Page 28396]]

  The cold-blooded murder of these villagers protesting over land use 
and the corruption demonstrates clearly that, 16 years after Tiananmen 
Square, Chairman Mao's famous dictum that ``all political power comes 
from the barrel of the gun'' is still the credo of Beijing's leaders.
  Those among our friends in Europe who seek removal of an arms embargo 
against China should reflect on the use of guns and bullets to kill the 
innocent villagers in Dongzhou and to keep 4 million inmates, many 
prisoners of conscience, locked up in the vast Laogai system.
  This resolution sends a strong message, and I urge its passage.

Special Rapporteur on Torture Highlights Challenges at End of Visit to 
                                 China


                              Introduction

       Beijing, 2 December 2005.--The Special Rapporteur of the 
     United Nations Commission on Human Rights on torture and 
     other cruel, inhuman or degrading treatment or punishment 
     concluded a two-week visit to the People's Republic of China 
     (PRC) today.
       Nearly a decade after the initial request, the visit to the 
     PRC by the United Nations Special Rapporteur on Torture, 
     Manfred Nowak, finally materialised from 20 November to 2 
     December, and included visits to Beijing, Lhasa, Tibet 
     Autonomous Region (TAR) and Urumqi, Xinjiang Uighur 
     Autonomous Region (XUAR). The long-awaited visit of the 
     Special Rapporteur on Torture to China has its origins in a 
     1995 request by the then Special Rapporteur, Sir Nigel 
     Rodley, for an invitation to carry out a fact-finding visit. 
     The Government responded in 1999 with an invitation for a 
     ``friendly visit'' in May 2000, however, differences between 
     the Government and the Special Rapporteur on the standard 
     methodology for country visits by United Nations human rights 
     experts (including unannounced visits to detention centres 
     and private meetings with detainees) prevented it from being 
     realized. In spring 2004, the Government extended an 
     unconditional invitation to the then Special Rapporteur, Theo 
     van Boven, for a two-week visit in June of that year, which 
     was then postponed by the Government. Upon Manfred Nowak's 
     appointment as Special Rapporteur on Torture in December 
     2004, the Government of China renewed its invitation for a 
     visit in 2005, accepting his Terms of Reference.
       The mission's aim was two-fold: fact-finding and starting a 
     process of cooperation aimed at the common goal of 
     eradicating torture in the PRC.
       The Special Rapporteur wishes to express his deep 
     appreciation to the Ministry of Foreign Affairs, in 
     particular Dr. Shen Yongxiang, Special Representative on 
     Human Rights Affairs, and his team for their professionalism, 
     cooperation, and shared commitment to the objectives of the 
     mission. The Special Rapporteur credits the Ministry for its 
     great efforts in ensuring that the mission proceeded as 
     smoothly as possible and that his Terms of Reference were in 
     principle respected. All meetings with detainees were carried 
     out in privacy and in locations designated by the Rapporteur. 
     No request for a meeting or interviewing of a particular 
     individual was refused. Prison staff were generally 
     cooperative. The Special Rapporteur was also able to meet 
     with a number of individuals outside of his official 
     programme, notwithstanding the obstructions elaborated upon 
     below.
       While visits were also planned for Jinan in Shandong 
     Province and Yining in the XUAR, the Special Rapporteur 
     sincerely regrets that he had to cancel these visits due to 
     time constraints, and expresses his gratitude to the Ministry 
     of Foreign Affairs and the respective leaderships of Shandong 
     Province and Yining Autonomous Prefecture for accommodating 
     these last minute changes to the programme.
       While in Beijing, the Special Rapporteur met with 
     Government officials, including the Assistant Foreign 
     Minister, the Vice Ministers of Justice and Public Security, 
     the Deputy Procurator-General, as well as prominent members 
     of civil society including the All China Lawyers' 
     Association, the Beijing Lawyers' Association, China 
     University for Political Science and Law, Renmin University, 
     Tsinghua University, Beijing University, the Chinese Academy 
     of Social Sciences, and the Beijing Child Legal and Research 
     Centre. Meetings were also held with individual lawyers, 
     human rights defenders, academics, and members of the 
     diplomatic corps and UN country team. In Lhasa and Urumqi, 
     the Special Rapporteur met with local officials including 
     from the Ministry of Foreign Affairs, the People's Court, the 
     Procuratorate, and Departments of Justice and Public 
     Security.
       In Beijing, the Special Rapporteur visited the Municipal 
     Detention Centre, Prison No. 2 (twice), and the Municipal 
     Women's Re-education Through Labour (RTL) Facility. In Lhasa 
     he visited Lhasa Prison, Tibet Autonomous Region Prison (also 
     known as Drapchi Prison), and the recently-opened Qushui 
     Prison. In Urumqi, he visited Prison Nos. 1, 3, and 4, as 
     well as the Liu Dao Wan Detention Centre. In all facilities, 
     the Special Rapporteur met with prison management and 
     interviewed detainees in private.


          Particular circumstances of the fact-finding mission

       The Special Rapporteur feels compelled to point out that 
     some Government authorities, particularly the Ministries of 
     State Security and Public Security, attempted at various 
     times throughout the visit to obstruct or restrict his 
     attempts at fact-finding. The Special Rapporteur and his team 
     were frequently under surveillance by intelligence personnel, 
     both in their Beijing hotel as well as in its vicinity. 
     Furthermore, during the visit a number of alleged victims and 
     family members were intimidated by security personnel, placed 
     under police surveillance, instructed not to meet the Special 
     Rapporteur, or were physically prevented from meeting with 
     him.
       Prison officials imposed their own working hours as limits 
     for interviews which curtailed the number of facilities that 
     could be visited and the number of detainees interviewed. The 
     Special Rapporteur and his team were also prevented from 
     bringing photographic or electronic equipment into prisons.
       Furthermore, in contrast to his previous country visits, 
     the Special Rapporteur was unable to obtain a letter of 
     authorization from the relevant authorities to visit 
     detention centres on his own. Consequently, officials from 
     the Ministry of Foreign Affairs accompanied him to detention 
     centres in order to ensure unrestricted access. As the 
     authorities were generally informed an hour in advance, the 
     visits could not be considered to have been strictly 
     ``unannounced.'' Nonetheless, this practice significantly 
     improves upon the modalities employed in previous visits to 
     China of Special Procedures of the Commission on Human 
     Rights.
       In his interviews with detainees, the Special Rapporteur 
     observed a palpable level of fear and self-censorship, which 
     he had not experienced in the course of his previous 
     missions. A considerable number of detainees did not express 
     a willingness to speak with the Rapporteur, and several of 
     those who did requested absolute confidentiality.
       Under these conditions and taking into account the size and 
     complexity of China as well as the limited duration of the 
     mission, the Special Rapporteur acknowledges the limitations 
     in drawing up a comprehensive set of findings and conclusions 
     on the situation of torture and ill-treatment in China.


                 situation of torture and ill-treatment

       The Special Rapporteur recalls that over the last several 
     years his predecessors have received a significant number of 
     serious allegations related to torture and other forms of 
     ill-treatment in China, which have been submitted to the 
     Government for its comments. These have included a consistent 
     and systematic pattern of torture related to ethnic 
     minorities, particularly Tibetans and Uighurs, political 
     dissidents, human rights defenders, practitioners of Falun 
     Gong, and members of house-church groups. These allegations 
     have been and continue to be documented by international 
     human rights organizations.
       The methods of torture alleged include, among others: 
     beatings; use of electric shock batons; cigarette burns; 
     hooding/blindfolding; guard-instructed or permitted beatings 
     by fellow prisoners; use of handcuffs or ankle fetters for 
     extended periods (including in solitary confinement or secure 
     holding areas), submersion in pits of water or sewage; 
     exposure to conditions of extreme heat or cold, being forced 
     to maintain uncomfortable positions, such as sitting, 
     squatting, lying down, or standing for long periods of time, 
     sometimes with objects held under arms; deprivation of sleep, 
     food or water; prolonged solitary confinement; denial of 
     medical treatment and medication; hard labour; and suspension 
     from overhead fixtures from handcuffs. In several cases, the 
     techniques employed have been given particular terminologies, 
     such as the ``tiger bench'', where one is forced to sit 
     motionless on a tiny stool a few centimeters off the ground; 
     ``reversing an airplane'', where one is forced to bend over 
     while holding legs straight, feet close together and arms 
     lifted high; or ``exhausting an eagle'', where one is forced 
     to stand on a tall stool and subjected to beatings until 
     exhaustion. On the basis of the information he received 
     during his mission, the Special Rapporteur confirms that many 
     of these methods of torture have been used in China.
       Although he cannot make a detailed determination as to the 
     current scale of these abuses, the Special Rapporteur 
     believes that the practice of torture, though on the 
     decline--particularly in urban areas--remains widespread in 
     China. Indeed, this is increasingly recognized by Government 
     officials and reports. According to the 2005 Supreme People's 
     Procuratorate's (SPP) report to the National People's 
     Congress presented on 9 March 2005, covering the year 2004), 
     1595 civil servants had been investigated for suspected 
     criminal activity in cases involving ``illegal detention, 
     coercion of confessions, using violence to obtain evidence, 
     abuse of detainees, sabotaging elections, and serious 
     dereliction of duty resulting in serious loss of life or 
     property.'' The report goes on to note that this is a 13.3 
     percent increase over the previous year's totals and that the 
     SPP personally investigated 82 of the most serious

[[Page 28397]]

     cases. When compared with other national statistics, these 
     official figures are clearly the tip of the iceberg in a 
     country the size of China and demonstrate that most victims 
     and their families are reluctant to file complaints for fear 
     of reprisal or lack of confidence that their complaints will 
     be addressed effectively.


              efforts by the government to combat torture

       In recognizing the problem, the Government has undertaken a 
     number of measures to tackle torture. In August 2003, the 
     Minister of Public Security, Zhou Yongkang, issued a set of 
     unified regulations on the standardization of law-enforcement 
     procedures for public security institutions entitled, 
     ``Regulations on the Procedures for Handling Administrative 
     Cases'', including procedures defining police powers in 
     respect of time limits for confiscation of property, legal 
     means for gathering evidence, time limits on investigation 
     and examination of suspects, etc. In 2004, the Ministry 
     issued regulations prohibiting the use of torture and threats 
     to gain confessions. The Supreme People's Procurotorate 
     announced that eliminating interrogation through torture 
     would be a priority of their work agenda and has instructed 
     procurators that confessions obtained as a result of torture 
     cannot form a basis for the formal approval of arrests and 
     that prosecutors must work to eliminate illegally obtained 
     evidence.
       In addition to initiatives at the central level, the 
     Zhejiang provincial Public Security Department issued 
     regulations on forced confessions stating that local police 
     chiefs will be expected to resign in any district where there 
     are more than two cases of forced confessions resulting in 
     injuries, miscarriages of justice or public order problems. 
     In mid-April 2005, Sichuan law enforcement and judicial 
     authorities issued a joint opinion that prohibits the use of 
     illegally obtained evidence, such as coerced confessions in 
     criminal trials, and requires courts to exclude coerced 
     statements and confessions if police cannot provide a 
     rational explanation of the alleged coercion or refuse to 
     investigate allegations of abuse.
       Practical measures to combat torture have included piloting 
     systems of audio and video recording in interrogation rooms, 
     strengthening representation during the investigative and 
     pre-trial phase of the criminal process by placing lawyers on 
     a 24-hour basis in pilot police stations, designing 
     interrogation rooms which separate suspects from 
     interrogators, and placing resident procurators in places of 
     detention and near public security bureaux to supervise law 
     enforcement personnel.
       The Special Rapporteur also observes positive developments 
     at the legislative level including the planned reform of 
     several laws relevant to the criminal procedure, which he 
     hopes will bring Chinese legislation into greater conformity 
     with international norms, particularly the fair trial 
     standards contained in the International Covenant on Civil 
     and Political Rights (CCPR) which China signed in 1998 and is 
     preparing to ratify. He also welcomes the resumption by the 
     Supreme People's Court (SPC) of its authority to review all 
     death penalty cases, particularly given the fact that the 
     quality of the judiciary increases as one ascends the 
     hierarchy. The Special Rapporteur suggests that China might 
     use the opportunity of this important event to increase 
     transparency regarding the number of death sentences in the 
     country, as well as to consider legislation that would allow 
     direct petitioning to the SPC in cases where individuals do 
     not feel that they were provided with adequate relief by 
     lower courts in cases involving the use of torture, access to 
     counsel, etc.


        Need for further efforts to prevent and address torture

       The Special Rapporteur notes that China was among the first 
     States to ratify the UN Convention against Torture (CAT) in 
     1988, which requires States parties to take measures for the 
     prevention of torture and to punish every act of torture with 
     appropriately serious penalties. Although Chinese law 
     prohibits gathering evidence through torture and provides for 
     punishment of those guilty of torture, the Chinese definition 
     of torture does not fully correspond to the international 
     standard contained in CAT. In particular, physical or 
     psychological torture that leaves no physical trace is 
     difficult if not impossible to punish with appropriate 
     penalties in China (indeed, the Chinese word for torture, 
     ``kuxing,'' principally connotes physical torture).
       Combating torture in China is further impeded by the 
     absence of essential procedural safeguards necessary to make 
     its prohibition effective, including: the effective exclusion 
     of evidence from statements established to be made as a 
     result of torture; the presumption of innocence; the 
     privilege against self-incrimination; timely notice of 
     reasons for detention or arrest; prompt external review of 
     detention or arrest; granting of non-custodial measures, such 
     as bail; the right of habeas corpus; and timely access to 
     counsel and adequate time and facilities to prepare a 
     defence.
       Other serious shortcomings are the lack of an independent 
     monitoring mechanism of all places of detention and a 
     functional complaints mechanism. A number of authorities have 
     pointed out that mechanisms exist in China for individuals to 
     report instances of torture, particularly procurators, some 
     of which are resident in prisons and near police stations. 
     However, the Special Rapporteur believes that it is difficult 
     to rely on the vigilance of procurators whose interest in 
     convicting suspects as charged might compromise their ability 
     to oversee the police and prison guards. In addition, 
     procurators encounter many difficulties in practice to 
     exercise their supervisory role, including because detainees 
     are afraid to report instances of torture to them.
       During his mission, the Special Rapporteur noted the 
     inefficiency of current complaint mechanisms. He was 
     informed, for example, that in Prison No. 4 in Urumqi, the 
     procurators have not received a single torture complaint 
     during the last decade. In the Tibetan Autonomous Region, he 
     was told that no complaint had been received since 2003 and 
     in the Beijing Municipal Detention Centre, none were received 
     since its establishment in June 2004. In the Xinjiang Uighur 
     Autonomous Region, two cases of torture were established by 
     the courts since 2000, and in the Tibet Autonomous Region one 
     such case had been confirmed. The Deputy Procurator-General 
     of the PRC informed the Special Rapporteur that only 33 law 
     enforcement officials had been prosecuted for torture 
     throughout the country during the first nine months of 2005.
       Indeed, an important element in combating torture is 
     judicial oversight. However, China lacks an independent 
     judiciary, and the judiciary suffers from relatively low 
     status in comparison to other State organs. Without a court 
     system that judges cases fairly and independently according 
     to law, thereby redressing grievances in a timely manner, the 
     problem of torture cannot be brought under effective control, 
     particularly in a context where police exercise wide 
     discretion in matters of arrest and detention and are under 
     great pressure to solve cases.


    Forced re-education as a form of inhuman and degrading treatment

       The Special Rapporteur also pointed to conceptual or 
     ideological constraints to the effective implementation of 
     the prohibition of torture. The criminal justice system is 
     focused on admission of culpability, and the role of 
     obtaining confessions continues to be central to successful 
     prosecutions. In fact even after persons, who have not 
     confessed to an offence, have been convicted and sentenced, 
     these persons are subject to restrictions within prison, such 
     as limited restricted access to telephone or visiting 
     privileges until they confess, or are provided the incentive 
     of a reduced sentence if they confess. Moreover, the system 
     as such places a strong emphasis on change and re-education 
     of the criminal, and the acceptance of punishment.
       Societies that have been successful in establishing a human 
     rights culture differ from others in the degree of tolerance 
     of the majority towards those whose behavior deviates from 
     standard moral and social norms. This right to be different, 
     which finds its legal expression in the human rights to 
     privacy, freedom of expression, religion, assembly and 
     association, lies at the very heart of any democratic 
     society. These freedoms and political rights were not enacted 
     to protect conformist behavior, but non-conformist behavior.
       Under international human rights law, Governments are only 
     permitted to interfere with the expression of political 
     opinions, religious convictions, moral values or minority 
     views when they constitute incitement to hatred or violence 
     or a direct threat to national security or public safety in 
     the country. A system of State surveillance of citizens with 
     non-conformist views and with severe punishments for such 
     ``deviant behavior'', such as Re-Education through Labour 
     (RTL), seems to be incompatible with the core values of a 
     society based upon a culture of human rights and leads to 
     intimidation, submissiveness, self-censorship and a ``culture 
     of fear'', which interferes with the right not to be 
     subjected to inhuman and degrading treatment or punishment.
       Every society has the right, and indeed is required by 
     article 10 of the CCPR, to assist convicted criminals during 
     their prison term through vocational training, education, and 
     measures aimed at ensuring their equal access to the labour 
     market in order to become law-abiding citizens. However, 
     efforts aimed at the rehabilitation and re-socialisation of 
     persons who committed crimes should be clearly distinguished 
     from forms of deprivation of liberty aimed at the forceful 
     re-education of human beings with deviant behaviour through 
     labour and coercion.
       The system of RTL in China and similar methods of re-
     education in prisons and even in pre-trial detention centres 
     go well beyond legitimate rehabilitation measures and aim at 
     breaking the will of detainees and altering their 
     personality. Such measures strike at the very core of the 
     human right to personal integrity, dignity and humanity, as 
     protected by Articles 7 and 10 of the CCPR, as well as 
     articles 1 and 16 of the CAT. RTL constitutes not only a 
     serious violation of the human right to personal liberty, but 
     must also be considered as a systematic form of inhuman and 
     degrading treatment or punishment, if not torture. RTL and 
     similar

[[Page 28398]]

     measures of forced re-education in prisons, pre-trial 
     detention centres and psychiatric hospitals should therefore 
     be abolished.


              circumstances surrounding capital punishment

       The Special Rapporteur also expressed concern about the 
     circumstances surrounding the death penalty, including the 
     situation of prisoners on death row. At the Beijing 
     Municipality Detention Centre, where the Rapporteur spoke 
     with prisoners sentenced to death at first instance and 
     awaiting appeal, he noted that these prisoners were 
     handcuffed and shackled with leg-irons weighing approximately 
     3kg, 24 hours per day and in all circumstances (Le. including 
     during meals, visits to the toilet, etc). Prison officials 
     indicated that the average length of appeal was two months. 
     This practice is reportedly based on a nation-wide regulation 
     for detention facilities. When questioned by the Special 
     Rapporteur on the reasons for the handcuffs and shackles 
     around the clock, prison officials indicated that this was 
     necessary for their own safety, the security of others, to 
     prevent them from fleeing, and to prevent suicide. However, 
     in the Liu Dao Wan Detention Centre in Urumqi, death row 
     prisoners were ``only'' shackled and not handcuffed. In the 
     opinion of the Special Rapporteur this practice is inhuman 
     and degrading and serves only as an additional form of 
     punishment of someone already subjected to the stress and 
     grievance associated with having been sentenced to death. The 
     Special Rapporteur also expressed concern at the high number 
     of crimes for which the death penalty can be applied. He 
     encouraged the Government to both narrow its scope and to be 
     more transparent towards family members and the public at 
     large regarding its use; including by making statistics on 
     the death penalty public information.


              Recommendations to the Government of the PRC

       Among his key preliminary recommendations to the 
     Government, the Special Rapporteur recommended:
       Reform the criminal law by adding the crime of torture in 
     accordance with the definition contained in CAT (Art. 1) with 
     appropriate penalties.
       Ensure that the reform of the criminal procedure law 
     conforms to ICCPR fair trial provisions, including by 
     providing for the following: the right to remain silent and 
     the privilege against self-incrimination; the right to cross-
     examine witnesses and the effective exclusion of evidence 
     extracted through torture.
       Reform the criminal justice system by transferring several 
     functions of the procurators to the courts, for example, 
     authorization of detention and supervision of the police.
       Allow lawyers--particularly criminal defense lawyers--to be 
     more effective in representing the rights and interest of 
     their clients including through involvement at the earliest 
     stages of police custody and pre-trial detention.
       Abolish Section 306 of the Criminal Law, according to which 
     any lawyer who counsels a client to repudiate a forced 
     confession, for example, could risk prosecution.
       Take measures to enhance the professionalism, efficiency, 
     transparency, and fairness of legal proceedings; and raise 
     the status and independence of judges and courts within the 
     Chinese legal system.
       Reduce the number of pre-trial detainees by enlarging the 
     use of noncustodial measures such as bail.
       Establish an independent complaints mechanism for detainees 
     subject to torture and ill-treatment.
       Accept the right of individual petition to the Committee 
     against Torture and its competence to initiate an inquiry 
     procedure in accordance with Articles 20 and 22.
       Abolish imprecise and sweeping definitions of crimes that 
     leave large discretion to law enforcement and prosecution 
     authorities such as ``endangering national security'', 
     ``disrupting social order'', ``subverting public order,'' 
     etc.
       Abolish ``Re-Education through Labour'' and similar forms 
     of forced reeducation of detainees in prisons and pre-trial 
     detention centres and psychiatric hospitals.
       Bring conditions on death row into conformity with the 
     right of detainees with humane treatment.
       Limit the scope of the death penalty by abolishing it for 
     economic and nonviolent crimes.
       Utilize the opportunity of the planned restoration of 
     Supreme Court review for all death sentences to publish 
     national statistics on the application of the death penalty.
       Establish a national human rights institution in accordance 
     with the Paris Principles. The United Nations Commission on 
     Human Rights and General Assembly have adopted a set of 
     guiding principles on the role, composition, status and 
     functions of national human rights institutions commonly 
     known as the Paris Principles. Commission on Human Rights 
     Resolution 1992/54 of March 1992 and General Assembly 
     Resolution A/RES/48/134 of 20 December 1993. With the 
     authority to carry out unannounced visits to all places of 
     detention.
       Ratify the Optional Protocol to the UN Convention against 
     Torture.
       Ratify the UN Covenant on Civil and Political Rights.
       That OHCHR provide support to the above through its 
     technical cooperation programme within the framework of the 
     recent MOU signed between the High Commissioner for Human 
     Rights and the Chinese Government.
       The Special Rapporteur expresses his appreciation to the 
     Government for inviting him to visit the country and looks 
     forward to a long-term process of cooperation with the 
     Government to combat torture and ill- treatment. He also 
     expresses his appreciation for the support of the UN Country 
     Team in China, and the Office of the High Commissioner for 
     Human Rights.
       The Special Rapporteur will submit a comprehensive written 
     report on the visit to the UN Commission on Human Rights at 
     its sixty-second session in 2006.

  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker I rise in strong support of this resolution. Mr. Speaker, 
at the outset, I want to commend my friend from New Jersey for his 
eloquent and powerful statement.
  It was my great pleasure, Mr. Speaker, to join my good friend and 
colleague, my co-chairman of the Congressional Human Rights Caucus, the 
gentleman from Virginia (Mr. Wolf) in introducing this important 
measure regarding China's continued use of forced labor.

                              {time}  2230

  Mr. Speaker, the horrendous treatment of prisoners of conscience in 
China's legal system is legendary. Courtrooms are closed to families. 
Defense lawyers are imprisoned if they defend their clients vigorously. 
And the judges themselves make their decisions based on orders from the 
Communist Party, not based upon the law or the facts of the case.
  The other failure of the Chinese State to allow freedom of expression 
and religion is only exacerbated by the treatment of prisoners upon 
their arrival in forced labor camps. Prisoners of conscience are forced 
to work under horrendous, life-threatening conditions for years on end, 
often with little or no contact with their families.
  Thanks to the groundbreaking work of former political prisoner, our 
friend Harry Wu, we now have documentation that political prisoners 
have been forced to labor in dangerous mines and in toxic chemical 
factories with no protective clothing. Other prisoners of conscience 
are forced to work on assembly lines for up to 18 hours a day, 
generating cheap clothing and other products destined for sale in the 
United States and other developed Nations.
  Despite two different agreements between the United States and China 
on the forced labor issue in the early 1990s, prison labor products 
continue to flow into our Nation and are sold by some of America's 
largest retailers.
  It is also important to remember, Mr. Speaker, that many people are 
dispatched to the Laogai prison labor system without any trial 
whatsoever. Tens of thousands of Falun Gong members have been sent 
involuntarily to psychiatric institutions and other labor camps. Upon 
arrival, they have been subjected to forced labor, cruel beatings, 
violent torture, and even death.
  Mr. Speaker, our resolution once again puts Congress firmly on record 
against the Laogai prison labor system, and it demands that the Chinese 
open up their prisons and work camps to international inspectors. Our 
resolution also calls on the United States to aggressively implement 
laws prohibiting the importation of forced labor products.
  Mr. Speaker, the existence of the Soviet Gulag is now acknowledged as 
one of the darkest chapters of modern Russian history. When the history 
of Communist rule in China will be written, maybe 50 years from now, 
China's Laogai prison labor system will undoubtedly be treated as a 
tragic and despicable act perpetrated by the Chinese leadership upon 
the people of China.
  Mr. Speaker, I urge all of my colleagues to support this resolution.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank my good friend the gentleman from California (Mr. Lantos)

[[Page 28399]]

for his very eloquent statement. This is an issue that very few 
Americans, very few lawmakers are really aware of, and it is about time 
the gross cruelty of the Laogai become much more well-known and action 
needs to be taken.
  Mr. WOLF. Mr. Speaker, I would like to thank Chairman Hyde and 
Ranking Member Lantos for expediting the consideration of H. Con. Res. 
294, which condemns the Laogai prison system in China. I would also 
like to thank the 44 cosponsors of this resolution.
  This system of over 1,000 prisons, camps and mental institutions 
serves as one of the Chinese Communist Party's main tools of political 
and religious repression. Chinese citizens held in these prisons have 
no right to due process, no trial, and are often arrested because of 
their political or religious views. Thousands of pro-democracy 
activists, Internet dissidents, labor activists, and religious and 
spiritual believers, including Han Chinese, Tibetans, Uyghurs, 
Mongolians, and ``house church'' Christians are languishing in the 
Laogai today.
  The conditions in the Laogai prisons are abysmal. The system is based 
on a philosophy of reform through labor. Prisoners are forced to work 
extremely long hours in shocking conditions that often result in 
serious injury and even death.
  In direct violation of several international treaties of which China 
is part, the Laogai prisoners are used as free labor to generate 
products sold on the international market. Next time you buy a product 
made in China, know that it may have been made by a Laogai prisoner in 
slave-like conditions.
  Even more horrifying is the regular organ harvesting conducted in the 
prisons. Last week the deputy health minister of China even admitted to 
this horrific practice. Thousands of foreign patients and Chinese 
citizens receive organs harvested from Laogai prisoners. Can you 
imagine receiving an organ cut from someone arrested and killed because 
of their religious faith?
  The Laogai prisons are truly modern day gulags.
  I especially want to thank Harry Wu for his work in raising awareness 
about the Laogai system. Harry knows the system all too well, after 
spending 19 years behind bars in the Laogai after he was arrested 
because of his political beliefs. Harry has been courageous and 
relentless in his advocacy for human rights in China.
  I am hopeful that this resolution will bring light to this abysmal 
system and urge a unanimous vote in support.
  Mr. SMITH of New Jersey. Mr. Speaker. I am attaching an exchange of 
letters between Chairman Hyde and Chairman Thomas concerning H. Con. 
Res. 294 ``Calling on the international community to condemn the 
Laogai, the system of forced labor prison camps in the People's 
Republic of China, as a tool for suppression maintained by the Chinese 
Government'' for insertion into the Congressional Record.

                                      Committee on Ways and Means,


                                     House of Representatives,

                                Washington, DC, December 13, 2005.
     Hon. Henry J. Hyde,
     Chairman, Committee on International Relations, Rayburn House 
         Office Building, Washington, DC.
       Dear Chairman Hyde: I am writing in regard to H. Con. Res. 
     294, which is scheduled for floor consideration on Wednesday, 
     December 14, 2005. The second clause of the resolution 
     relates to the use of prison labor in China.
       As you know, the Committee on Ways and Means has 
     jurisdiction over matters concerning imports. The second 
     resolved clause calls on the Government of the United States 
     to fully implement its laws prohibiting the importation of 
     products made in Chinese forced labor camps, and thus falls 
     within the jurisdiction of the Committee on Ways and Means. 
     However, in order to expedite this resolution for floor 
     consideration, the Committee will forgo action on this 
     resolution. This is being done with the understanding that it 
     does not in any way prejudice the Committee with respect to 
     the appointment of conferees or its jurisdictional 
     prerogatives on this or similar legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H. Con. Res. 294, and 
     would ask that a copy of our exchange of letters on this 
     matter be included in the Congressional Record during floor 
     consideration.
           Best regards,
                                                      Bill Thomas,
     Chairman.
                                  ____

         Committee on International Relations, House of 
           Representatives,
                                Washington, DC, December 13, 2005.
     Hon. William M. Thomas,
     Chairman, Committee on Ways and Means,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter concerning H. 
     Con. Res. 294, calling on the international community to 
     condemn the Laogai, the system of forced labor prison camps 
     in the People's Republic of China, as a tool for suppression 
     maintained by the Chinese Government. The bill has been 
     referred to the Committee on International Relations.
       I concur with your statement concerning the jurisdiction of 
     the Ways and Means Committee over the second resolved clause 
     of the resolution, which refers to United States laws 
     prohibiting the importation of products made in Chinese 
     forced labor camps. I appreciate your willingness to forgo 
     consideration of the bill.
       I also understand that this action on your part does not in 
     any way prejudice your Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this or similar legislation. I will insert this exchange 
     of letters into the Congressional Record during the debate of 
     this bill.
       With best wishes,
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

  Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of our time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
294, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




                             GENERAL LEAVE

  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H. Con. Res. 
294, the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2830, PENSION 
                         PROTECTION ACT OF 2005

  Mr. HASTINGS of Washington, from the Committee on Rules, submitted a 
privileged report (Rept. No. 109-346) on the resolution (H. Res. 602) 
providing for consideration of the bill (H.R. 2830) to amend the 
Employee Retirement Income Security Act of 1974 and the Internal 
Revenue Code of 1986 to reform the pension funding rules, and for other 
purposes, which was referred to the House Calendar and ordered to be 
printed.

                          ____________________




             HONORING THE VICTIMS OF THE CAMBODIAN GENOCIDE

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the concurrent resolution (H. Con. Res. 238) honoring the 
victims of the Cambodian genocide that took place from April 1975 to 
January 1979, as amended.
  The Clerk read as follows:

                            H. Con. Res. 238

       Whereas beginning in April 1975, Pol Pot led the Communist 
     guerilla group, the Khmer Rouge, in a large-scale insurgency 
     in Cambodia that forcibly removed Cambodians from their homes 
     and into labor camps in an attempt to restructure Khmer 
     society;
       Whereas traditional Khmer culture and society were 
     systematically destroyed, including the destruction of 
     temples, schools, hospitals, homes, and historic buildings;
       Whereas the Khmer Rouge separated and destroyed families 
     and punished and killed innocent civilians, including women, 
     children, doctors, nurses, clergy, teachers, business owners, 
     intellectuals and artisans;

[[Page 28400]]

       Whereas more than 1.7 million Cambodians, or approximately 
     21 percent of the population, were killed in one of the worst 
     atrocities of the last century;
       Whereas many people were executed simply for being 
     educated, wealthy, or even for wearing glasses as they were 
     seen as bourgeois or contaminated with Western influence;
       Whereas after the Khmer Rouge regime was overthrown in 
     1979, thousands of Cambodians fled on foot to refugee camps 
     in Thailand and many refugees were processed again in other 
     camps in the Philippines and Indonesia;
       Whereas from these refugee camps approximately 145,149 
     Cambodians made their way to the United States, with the 
     majority arriving in the early 1980s and settling in 
     communities across the United States;
       Whereas despite the tremendous loss of family members, 
     homes, and even parts of their heritage during the Khmer 
     Rouge regime, Cambodians have shown courage and enormous 
     resiliency;
       Whereas, according to United States Census Bureau figures, 
     there are approximately 206,053 Cambodians currently living 
     in the United States;
       Whereas the new generation of Cambodian-Americans continues 
     to contribute to all aspects of American society as writers, 
     doctors, professors, and community leaders; and
       Whereas the United Nations has taken affirmative steps to 
     establish an international criminal tribunal to bring to 
     justice the perpetrators of the Cambodian genocide: Now, 
     therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) honors the victims of the genocide in Cambodia that 
     took place beginning in April 1975 and ending in January 
     1979; and
       (2) welcomes the establishment of an international criminal 
     tribunal to bring to justice the perpetrators of the 
     Cambodian genocide, with the hope that proceedings of the 
     tribunal will meet international standards of justice.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Thirty years ago, as we all know, Cambodia was thrust into 4-years of 
hellish chaos that claimed the lives of one-fifth of that country's 
population. Pol Pot and the Khmer Rouge regime attempted a radical 
restructuring of Cambodia, systematically destroying traditional Khmer 
society, forcibly relocating large portions of the population, and 
purging those whom it regarded as bourgeois, or culturally 
contaminated. Their movement, which claimed to be a Communist effort to 
create a classless, utopian state, was, in fact, a genocide.
  By the time it ended, 1.7 million Cambodians were dead. It stands as 
one of the worst crimes of the 20th century and a shocking example of 
what becomes possible when the dignity of the human person is 
subordinated to political ideology.
  Faced with the terror of the Khmer Rouge, many thousands of 
Cambodians did what you and I would do in that situation. They and 
their families fled their homeland, becoming refugees. Of those 
numbers, more than 145,000 resettled in the U.S. where they have 
contributed to the strength of communities throughout our Nation. We 
are proud of our Cambodian American population, which has demonstrated 
such resilience and industry.
  We also are hopeful that there may be yet justice and accountability 
for the Cambodian genocide. We welcome the steps that the U.N. has 
taken toward establishing an international criminal tribunal for that 
purpose. Although that body has yet to become operational, we hope 
that, when it does, its proceedings will be substantive, transparent 
and credible.
  In light of its history, I am proud that this body is taking up H. 
Con. Res. 238 which honors the victims of the genocide in Cambodia and 
welcomes the prospect of justice for that great crime. I want to 
especially thank the gentlewoman from California (Ms. Millender-
McDonald) for introducing this resolution and urge its unanimous 
adoption.
  Mr. Speaker, I reserve the balance of our time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would first like to commend my good friend and 
colleague, Juanita Millender-McDonald, for introducing this important 
resolution. Her leadership on behalf of all Cambodian-Americans is 
greatly appreciated.
  Mr. Speaker, 30 years ago, one of the saddest chapters in world 
history began to unfold in the nation of Cambodia. With the victory of 
the Khmer Rouge, millions of men, women and children were forced from 
their homes into the countryside and prison labor camps throughout the 
nation.
  They were told they faced ``reeducation.'' Instead they suffered 
crimes against humanity that became a genocide.
  Entire categories of Cambodians were immediately marked for torture 
and execution by the Khmer Rouge--educated Cambodians, wealthy 
Cambodians, individuals associated with the previous government, even 
Cambodians who wore glasses.
  Thousands of innocent people were herded into Phnom Penh's infamous 
S-21 prison. Once behind bars, they were tortured by the Khmer Rouge 
until they confessed to their so-called crimes. After the confessions 
were duly recorded and the photos of the doomed were taken and filed 
away, the imprisoned individuals were summarily executed.
  When the killing was over 4 years later, over 1.7 million Cambodians 
were dead. Many had been executed, hundreds of thousands more were 
victims of starvation and malnutrition.
  Some Cambodians were fortunate enough to escape the madness and 
brutality of the Cambodian Genocide, making their way as refugees to 
various Southeast Asian nations. Nearly 150,000 Cambodians ultimately 
resettled in the United States, and today, there are more than 200,000 
Americans of Cambodian descent.
  As Cambodians build new lives in the United States, it is appropriate 
and timely for the Congress to recognize the victims of the Cambodian 
Genocide, and to welcome the establishment of an international criminal 
tribunal to bring long-overdue justice to the perpetrators of the 
Cambodian genocide.
  Mr. Speaker, the international tribunal established for Cambodia is 
not a perfect institution, and only time will tell if those who carried 
out the genocide will be brought to justice. It remains our profound 
hope that the work of the tribunal will be carried out according to 
international standards of justice.
  Mr. Speaker, nearly 1 in 7 Cambodians lost their lives during the 
horrible 4 years of Khmer Rouge rule. With passage of this resolution, 
we remember the innocent victims of the genocide, and hope that justice 
prevails.
  Mr. Speaker, I urge my colleagues to support this resolution.
  Mr. Speaker, I yield as much time as she might consume to the 
gentlewoman from California (Ms. Millender-McDonald), my dear friend 
and distinguished colleague, the author of this important piece of 
legislation.
  Ms. MILLENDER-McDONALD. Mr. Speaker, I would like to thank the 
gentleman from New Jersey (Mr. Smith), the chairman, for his dedication 
and commitment to this issue, along with my friend the gentleman from 
California (Mr. Lantos), the ranking member, for his ongoing support of 
this piece of legislation, and Mr. Speaker, I thank you for the 
opportunity to address this issue that is incredibly important to all 
Cambodian Americans.
  The tragic history of over 1.7 million Cambodian men, women and 
children who died during the Khmer Rouge rule in Cambodia from 1975 to 
1979 is unconscionable. The inhumanity of the Khmer Rouge regime and 
the harrowing events of the killing fields there still touch every 
Cambodian American family. They live each day with the indelible scars 
of lost mothers and fathers, brothers and sisters, and other loved 
ones.
  While the tragedy can never be reversed, America's recognition of the 
1.7 million lives lost is important to the hundred of thousands of 
survivors that now call America home.
  My legislation, H. Con. Res. 238, commemorates the victims of the 
Khmer Rouge genocide.
  In 1975, a large-scale insurgency took place, resulting in the forced 
removal of local Cambodians from their villages and into labor camps in 
an attempt by the Khmer Rouge to restructure society.
  The Khmer Rouge maintained control by mass public tortures and 
executions. Families were separated by sending men, women and children 
into various labor camps, scattered throughout that country. Famine and 
disease were

[[Page 28401]]

epidemic between April of 1975 and January of 1979. Cambodians watched 
hundreds of thousands of their loved ones die by starvation and 
thousands more by torture.
  When the Khmer Rouge was overthrown in 1979 by Vietnamese troops, 
thousands of Cambodians fled to nearby refugee camps in Thailand and to 
camps in the Philippines and Indonesia. As many as 145,000-plus 
courageous Cambodians made their way to the United States.
  With the assistance of the Federal Government, State, local and 
voluntary agencies, Cambodians were resettled in communities across 
America. Despite the tremendous loss of family members, homes and parts 
of their heritage, Cambodians have shown enormous resiliency.
  Their culture and contributions to America continue each day to 
enrich our society, and I am immensely proud that the largest Cambodian 
presence in the United States resides in my district.
  Cambodians have been awaiting justice for over a quarter of a 
century, and it now seems that the opportunity will soon arise. The 
United Nations has taken steps to establish an international tribunal 
in 2007 to bring justice to the perpetrators of the Cambodian genocide. 
The government of Cambodia seems poised to proceed.
  It is my sincere hope that the Cambodian tribunal, once it is up and 
running, will ensure that justice is finally served, and that those who 
perpetrated the genocide against innocent Cambodians will finally be 
punished for their heinous acts. Mr. Speaker, the 10s of thousands of 
Cambodian Americans who lost loved ones to the killing fields deserve 
no less.
  So I urge all of my colleagues to support this resolution, and again, 
I thank both the chairman and the ranking member.
  Mr. LANTOS. Mr. Speaker, I again want to commend my friend from 
California for taking up this most important issue. We have no further 
requests for time, and I yield back the balance of our time.
  Mr. SMITH of New Jersey. Mr. Speaker, we have no further requests for 
time, and I yield back the balance of our time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Smith) that the House suspend the rules 
and agree to the concurrent resolution, H. Con. Res. 238, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




  CONDEMNING THE GOVERNMENT OF ZIMBABWE'S ``OPERATION MURAMBATSVINA''

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 409) condemning the Government of 
Zimbabwe's ``Operation Murambatsvina'' under which homes, businesses, 
religious structures, and other buildings and facilities were 
demolished in an effort characterized by the Government of Zimbabwe as 
an operation to ``restore order'' to the country, as amended.
  The Clerk read as follows:

                              H. Res. 409

       Whereas on May 19, 2005, the Government of Zimbabwe 
     launched ``Operation Murambatsvina'', translated from the 
     Shona language as ``Operation Drive Out the Trash'', in major 
     cities and suburbs throughout Zimbabwe in an effort that it 
     characterized as an operation to ``restore order'' to the 
     country;
       Whereas hours after the Governor of the Reserve Bank of 
     Zimbabwe called for an end to the parallel market, Operation 
     Murambatsvina began in the city of Harare and subsequently in 
     other urban areas, such as the city of Bulawayo, ostensibly 
     to oust illegal vendors and eliminate illegal structures;
       Whereas Operation Murambatsvina was carried out as an 
     indiscriminate demolition of the homes and livelihood of 
     thousands of Zimbabwean citizens already suffering from a 
     protracted economic and political crisis brought on by poor 
     policy directives by the Government of Zimbabwe that forced 
     masses of rural dwellers to urban areas of the country for 
     survival;
       Whereas in some communities that were victimized by the 
     forced demolitions, including Cheru Farm and Killarney Farm 
     where more than 20,000 people lived, Zimbabweans had lived in 
     residences for over 20 years and had well-functioning 
     schools, health and HIV/AIDS clinics, orphanages for AIDS-
     affected children, viable businesses, places of worship, and 
     other amenities;
       Whereas in 1993, the Government of Zimbabwe moved families 
     from Cheru Farms to a new location, Porto Farm, which during 
     Operation Murambatsvina was demolished by Zimbabwean 
     Government forces;
       Whereas government security forces carried out Operation 
     Murambatsvina, and in doing so, beat residents and forced 
     them to destroy their own homes and places of business, 
     though many residents provided permits from municipal 
     authorities granting permission to build their structures;
       Whereas Operation Murambatsvina resulted in the demolition 
     throughout the country of homes, businesses, and religious 
     structures, including a mosque, and an AIDS orphanage and in 
     the intimidation, harassment, and arrest of tens of thousands 
     of people;
       Whereas Operation Murambatsvina cut off many AIDS patients 
     from anti-retroviral medicines which will likely lead to a 
     reversal of their health, resistance to the drugs, and a more 
     virulent form of AIDS in Zimbabwe with potential for 
     spreading throughout the region and worldwide;
       Whereas churches and private citizens sheltering the 
     victims of Operation Murambatsvina were also intimidated, 
     harassed, and arrested for their efforts to provide a safe 
     haven for the victims during Zimbabwe's harsh winter;
       Whereas armed soldiers and police forcibly removed hundreds 
     of homeless people from churches in the city of Bulawayo and 
     banned religious groups from providing humanitarian 
     assistance to those seeking shelter at Hellensvale, a transit 
     camp north of Zimbabwe's second city, and where police 
     arrested and detained religious leaders;
       Whereas a strongly worded statement issued by the Bulawayo 
     clergy stated: ``The removal of the poor, innocent, weak, 
     voiceless and vulnerable members of society by riot police in 
     the middle of the night was uncalled for and unnecessary. It 
     is inhumane, brutal and insensitive, and in total disregard 
     of human rights and dignity. These people are not criminals 
     but bona fide citizens of this nation. It seems the crime 
     they committed is that they are poor.'';
       Whereas the African Commission for Peoples' and Human 
     Rights dispatched an African Union envoy, Bahame Tom 
     Nyanduga, Special Rapporteur on Refugees, Internally 
     Displaced Persons, and Asylum Seekers in Africa to 
     investigate the ongoing demolitions;
       Whereas the Government of Zimbabwe refused to allow the 
     African Union envoy an opportunity to conduct his mission 
     after being accused by the Government of Zimbabwe through its 
     government-controlled media of ``following the agenda of 
     western countries'';
       Whereas the decision to block access to the African Union 
     envoy is representative of a larger pattern of behavior, 
     whereby the Government of Zimbabwe uses violence, 
     intimidation, and demagoguery to subjugate its people, relies 
     on scapegoats to justify the economic, political, and social 
     crises in Zimbabwe, and detains and slanders United States 
     diplomats who challenge the ruinous policies of that 
     government;
       Whereas in response to the crisis, the Secretary-General of 
     the United Nations dispatched a special envoy, Ms. Anna 
     Kajumulo Tibaijuka, Deputy Secretary General, United Nations 
     Human Settlements Program (UN-HABITAT), on a factfinding 
     mission to assess the scope and impact of Operation 
     Murambatsvina on the people of Zimbabwe and its consequences 
     for the Zimbabwean Government;
       Whereas the mission of the United Nations special envoy was 
     undertaken between June 26 and July 8, 2005, where she 
     visited the cities of Harare, Headlands, Rusape, Mutare, 
     Gweru, Bulawayo, Hwange, and Victoria Falls and met with 
     victims of Operation Murambatsvina, heard personal testimony 
     from victims, and met with members of the diplomatic 
     community, the Government of Zimbabwe, and international 
     nongovernmental organizations;
       Whereas the United Nations special envoy estimated that 
     approximately 700,000 people in cities across the country 
     have lost either their homes, their source of livelihood, or 
     both, and that a total of 2.4 million people or 18 percent of 
     the population was directly or indirectly affected by 
     Operation Murambatsvina and that the operation would have 
     considerable short-term and long-term impact on social and 
     economic conditions in the country;
       Whereas 40,800 families directly affected by Operation 
     Murambatsvina were headed by women, and 83,530 children under 
     the age of four and 26,600 people age 60 and older were 
     directly affected;
       Whereas President Robert Mugabe described this sudden and 
     extensive operation

[[Page 28402]]

     against thousands of families and business persons in the 
     dead of winter as necessary ``to eliminate hideouts of crime 
     and grime'';
       Whereas the United Nations special envoy is quoted as 
     saying ``the poor are not criminals . . . [t]hey work hard to 
     obtain the little which they have and they should not thus be 
     treated like criminals'';
       Whereas the United Nations special envoy assessed the 
     negative impact of Operation Murambatsvina on shelter, water 
     and sanitation, food and nutrition, basic health services, 
     HIV/AIDS, education, women and girls, refugees and other 
     vulnerable groups;
       Whereas the special envoy concluded that Operation 
     Murambatsvina ``has rendered people homeless and economically 
     destitute on an unprecedented scale; most of the victims were 
     already among the most economically disadvantaged groups in 
     society; and they have now been pushed deeper into poverty 
     and have become even more vulnerable; and the scale of 
     suffering is immense, particularly among widows, single 
     mothers, children, orphans, the elderly and the disabled 
     persons'';
       Whereas at the time of independence, President Robert 
     Mugabe was hailed as a liberator and Zimbabwe showed bright 
     prospects for democracy, economic development, domestic 
     reconciliation, and prosperity;
       Whereas President Mugabe and his ZANU-PF party in recent 
     years have turned away from the promises of liberation and 
     become a party that uses state power to deny the people of 
     Zimbabwe the freedoms and prosperity for which they fought 
     and deserve;
       Whereas the rise of urbanization and the informal sector in 
     Zimbabwe has been the direct result of failed economic 
     policies, a bitterly disputed fast track land reform program, 
     unplanned cash handouts to appease war veterans, the costly 
     military intervention in Congo, and persistent drought;
       Whereas before Operation Murambatsvina, unemployment in 
     Zimbabwe was between 70 and 80 percent, the HIV/AIDS 
     prevalence rate was 24 percent, and the inflation rate was 
     164.4 percent (but was as high as 522.8 percent), and 
     currently Zimbabwe has the world's fastest shrinking economy, 
     there is an ongoing fuel crisis in the country, and the 
     Zimbabwean economy had contracted 7 percent; and
       Whereas the staggering suffering brought on by Operation 
     Murambatsvina has been added to the already large-scale 
     humanitarian crisis in Zimbabwe: Now, therefore, be it
       Resolved,  That--
       (1) it is the sense of the House of Representatives that--
       (A) through Operation Murambatsvina, the Government of 
     Zimbabwe has created a humanitarian disaster that has 
     compounded the already existing humanitarian food and 
     economic crises in the country, and the Government of 
     Zimbabwe has insufficient resources to address such crises;
       (B) the Government of Zimbabwe has a duty to protect the 
     economic, social, and political rights of its citizens as 
     guaranteed by the Constitution of Zimbabwe and the African 
     Charter on Human and Peoples' Rights; and
       (C) the Government of Zimbabwe also is subject to the 
     International Covenant on Economic, Social and Cultural 
     Rights, to which Zimbabwe is a party, which states in part 
     that ``forced evictions are prima facie incompatible with the 
     provisions of the Covenant and can only be carried out under 
     specific circumstances''; and
       (2) the House of Representatives--
       (A) condemns Operation Murambatsvina as a major 
     humanitarian catastrophe caused by the Government of 
     Zimbabwe's callousness toward its own people, disregard for 
     the rule of law, and lack of planning to move families and 
     businesses to more desirable locations;
       (B) calls on the United Nations, the African Commission for 
     Peoples' and Human Rights, and the African Union to continue 
     efforts to investigate the impact of the demolitions of 
     housing structures and premises from which informal 
     businesses operated and to provide the international 
     community with a viable strategy to address the problems;
       (C) calls on the Government of Zimbabwe to allow 
     international humanitarian organizations access to those 
     affected by the operation who are in need of food, medicine, 
     shelter, sanitation, and water;
       (D) calls on the Government of Zimbabwe to hold accountable 
     those responsible for this egregious injury to the Zimbabwean 
     people, both the decisionmakers of the operation and those 
     who carried out the operation;
       (E) calls on the Government of Zimbabwe to immediately and 
     aggressively implement policies to promote the private sector 
     and create jobs and build housing to accommodate those 
     displaced by the operation;
       (F) calls on the United Nations and the international 
     community to stand by the people of Zimbabwe who have been 
     victimized by their government in this operation and to help 
     them with relief and reconstruction of their lives;
       (G) calls on the Secretary of the Treasury to instruct the 
     United States Executive Director at the International 
     Monetary Fund (IMF) to use the voice, vote, and influence of 
     the United States to continue to advocate for further action 
     at the IMF should the Government of Zimbabwe continue to fail 
     to meet its obligations to the IMF;
       (H) condemns President Mugabe's harassment of the United 
     States Ambassador to Zimbabwe, including by threatening the 
     Ambassador's expulsion from the country and asserting that he 
     could ``go to Hell''; and
       (I) calls on President Mugabe to recognize that absent 
     meaningful corrective actions on his part, President Mugabe's 
     legacy will be defined by his responsibility for the ruinous 
     policies and draconian laws that brought untold suffering of 
     his people and the near collapse of Zimbabwe as a nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.

                              {time}  2245

  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  I begin by commending the gentleman from California (Mr. Lantos) for 
crafting and authoring this resolution. It is very timely and extremely 
important, given the events in Zimbabwe. I would like to point out that 
H. Res. 409 condemns the government of Zimbabwe for its horrendous 
abuses of civil and human rights of its citizens.
  Zimbabwe is a Nation that even recently was an economic success, an 
example to other nations in Africa. However, the serious mismanagement 
of that country's economy has reduced the gross national income to 
levels last seen in 1953. Inflation in Zimbabwe today exceeds 500 
percent.
  When the government of Zimbabwe began its so-called Operation 
Murambatsvina on May 19, it was supposed to be a limited operation to 
end the parallel market but developed into the most destructive 
campaign that country has seen in its post-independence history. Months 
after this vicious campaign, there are estimates of as many as 700,000 
displaced persons, many of whom are living without food, water or 
shelter.
  By all accounts, this operation has made existing social problems 
much worse. Nongovernmental organization representatives have told us 
that now there are 2 million widows, 1.5 million orphans, 500,000 
children with only one surviving parent and 8,000 households headed by 
children.
  While many still recall Zimbabwe President Robert Mugabe's critical 
role in winning independence for his country, we must hold him 
accountable for the devastation he has more recently brought upon his 
country's citizens, serious, serious crimes and human rights abuses. 
Whatever he has achieved in the past, he is furiously undoing his 
legacy in the present.
  House Resolution 409, which received its due consideration by the 
House International Relations Committee, seeks to shed light on the 
profound suffering that this operation has brought and inflicted upon 
the people of Zimbabwe. It notes that, through this operation, the 
government of Mugabe has created a manmade humanitarian disaster of 
epic proportions, which has only compounded the existing human rights 
and economic crises in Zimbabwe.
  It condemns President Mugabe's harassment of the United States 
Ambassador to Zimbabwe most recently by threatening his expulsion from 
the country and asserting that he could ``go to hell'' in response to 
the Ambassador's efforts to draw attention to the crisis in Zimbabwe.
  H. Con. Res. 409 also states that the government of Zimbabwe has a 
duty to protect its people and calls on that government to immediately 
and aggressively implement policies to promote private sector 
development, create jobs and build housing to benefit those displaced 
by this operation.
  It further asserts that, absent such meaningful corrective measures, 
President Mugabe's legacy will be defined by his responsibility for the 
ruinous policies and draconian laws that have brought untold suffering 
to his people and the near collapse of Zimbabwe as a nation.
  Finally, the resolution calls on the International Monetary Fund to 
take

[[Page 28403]]

further action against the government of Zimbabwe should it continue to 
fail to meet its obligations to the international community.
  My subcommittee held a hearing on Zimbabwe's situation and the U.S. 
policy toward that country last April. We were dissatisfied with the 
state of U.S. engagement. Despite diligent State Department efforts, we 
still lack creative ways to address and resolve this crisis.
  One of the problems in engaging the government is the failure to 
speak with a consistent voice. This resolution may seem harsh to some, 
but it does not even begin to touch what is really going on in that 
once prosperous nation.
  Mr. Speaker, Greg Simpkins is the leader on the subcommittee of our 
Professional Staff, and he led a staff CODEL to Zimbabwe on July 1 
through the 10th. He was joined by Dr. Pearl-Alice Marsh, Senior 
Professional Staff Member for the Committee, and they did an 
extraordinary job in gathering a tremendous amount of information about 
what has really gone on and what the crisis is all about. I submit 
herewith their staff report for inclusion in the Record.

        Staffdel Simpkins Trip Report: Zimbabwe and South Africa

                         (By Gregory Simpkins)


                                SUMMARY

       Staff delegation Simpkins, consisting of myself and Dr. 
     Pearl-Alice Marsh, Senior Professional Staff Member for the 
     House Committee on International Relations, traveled to 
     Zimbabwe and South Africa from 1-10 July 2005. The purpose of 
     this mission was to investigate the situation on the ground 
     in Zimbabwe, especially in light of the recent government 
     actions to destroy allegedly illegal housing and vending 
     operations. The visit to South Africa was to examine programs 
     involving Zimbabwe refugees, speak with members of the 
     Zimbabwe expatriate community and discuss Zimbabwe with 
     members of the South African government, the ruling African 
     National Congress, the Congress of South African Trade Unions 
     and think tanks.
       We thank Ambassador Christopher Dell and his staff in 
     Harare and Ambassador Jendayi Frazer and her staff in 
     Pretoria for their assistance in making our visit productive.
       The report on this operation is the result of our 
     discussions with a wide variety of people in and around 
     Harare and Bulawayo in Zimbabwe and in Pretoria and 
     Johannesburg in South Africa (see appendix for list); a 27 
     June 2005 report by the Solidarity Peace Trust, a non-
     governmental organization registered in South Africa, and 
     various published reports and subsequent contacts with 
     sources in Zimbabwe.


                        OPERATION MURAMBATSVINA

       On 19 May 2005, the Government of Zimbabwe commenced 
     Operation Murambatsvina. While the Zimbabwean government 
     refers to it as ``Operation Restore Order,'' a literal 
     translation from the Shona language reveals that 
     ``Murambatsvina'' more closely means ``discarding the 
     filth.'' This places the operation in a more accurate 
     context.
       Gideon Gono, Governor of the Reserve Bank of Zimbabwe, 
     called for an end to the parallel market, and hours later the 
     operation began in Harare and subsequently other urban areas, 
     such as Bulawayo, ostensibly to oust illegal vendors and 
     eliminate illegal structures. Very early on, it became clear 
     that this operation would clean out all vendors and non-
     standard and additional structures whether legal or not. In 
     locations where dozens of vendors had populated longstanding 
     markets that attracted tourists and local people alike, we 
     saw empty spaces. But Operation Murambatsvina did not stop 
     with its urban renewal objective. The operation spread to so-
     called squatters' camps and other rural areas, tearing down 
     structures in which residents had in some cases invested 
     their life savings in order to construct a substantial house 
     with electricity and water.
       Spreading from central business districts to suburbs to 
     farms, this operation eventually evicted even supporters of 
     the ruling Zimbabwe African National Union--Patriotic Front 
     (ZANU-PF) who had seized white-owned commercial farms since 
     2000. Not even membership in the ruling party could save 
     homes from destruction, as police took down houses despite 
     the pleas of residents wearing ZANU-PF t-shirts. As for the 
     veterans of the liberation war, who had claimed credit for 
     assisting the government's land reform process that has so 
     transformed Zimbabwe's economy, they appear to have been 
     wiped out. Now landless and homeless, they apparently have 
     outlived their usefulness to the ruling party. One war 
     veteran reportedly stood in front of a police bulldozer that 
     had torn down his home and pleaded for police to take his 
     life.
       A Zimbabwean employee at the U.S. embassy in Harare told us 
     his supplementary dwelling in the backyard of his property 
     had been built to house some of his children to relieve 
     overcrowding in the main house. Nevertheless, authorities 
     forced him to tear the structure down, despite his holding a 
     legal permit from local authorities. His experience 
     apparently was shared by many other homeowners whose homes 
     were not shacks or shanties and who had locally-provided 
     permits for their construction.
       On June 2nd, BBC News quoted a cobbler (who identified 
     himself as ``Edson'') on his encounter with police who 
     arrived to force him and his fellow vendors from their 
     standard locations in Harare. He told the BBC that the 
     authorities were uninterested in his legal status as a 
     vendor: ``They were very firm and just kept saying: `We don't 
     want you; we don't want you here; we want you to go from this 
     place.'''
       Clearly, this operation was not restricted to illegal 
     vendors or dwellings. We were told that police and supporting 
     forces from youth militias and soldiers were not interested 
     in differentiating between what was legal or illegal. One 
     opposition politician showed us a truck load of youth militia 
     and explained that they had been in government camps and 
     prepared to take actions such as those associated with 
     Operation Murambatsvina. Eyewitnesses reported seeing police 
     looting stalls from which vendors were evicted. Others 
     reported to us that police confiscated property for which 
     residents of homes or shops could not produce satisfactory 
     receipts, even if the goods were personal property and not 
     for sale.
       This operation was cruelly executed. In Bulawayo, Ms. 
     Shingirai Mmpa told us she had been a vendor for nearly 20 
     years in the same location. She recounted how police one day 
     suddenly seized the vegetables she and other women were 
     selling as usual. Police came to her home and tried to make 
     her tear it down. She protested unsuccessfully that she was a 
     renter and did not own the house, and when she proved unable 
     to tear the house down, police got her neighbors to help her 
     do so. They then threatened to fine her 1.5 million Zimbabwe 
     dollars if she didn't dispose of the rubble. Her experience 
     was not unique.
       In Harare, we were told about a grandmother who had been 
     taking care of her grandchildren and other orphans. They 
     lived in a cottage that had been declared illegal and was 
     destroyed. She now faces a bill of five million Zimbabwe 
     dollars for back rent for a cottage that no longer exists and 
     another substantial bill for removing the rubble from the 
     destroyed cottage.
       We witnessed families at the Porta Farms camp whose homes 
     had been utterly destroyed, leaving them to seek refuge, 
     first in the bushes surrounding their former dwellings and 
     then in the ruins on which their homes had stood. We saw beds 
     and furniture sitting in the open, and families living with 
     no food, running water or sanitation facilities. We saw a 
     baby who had been born since the demolition, who had to 
     survive in temperatures that might reach 32 deg. at night. 
     The baby's mother, who had an obvious infection, had to 
     manage without medication from the local clinic that had been 
     managed by New Life Church. It was destroyed along with the 
     other structures.
       The evictions at Porta Farms involved more than a little 
     irony. Most residents of Porta Farms had been moved from 
     Chiuru Farm to keep them out of sight of Queen Elizabeth and 
     other world leaders who attended the 1991 Commonwealth Heads 
     of Government meeting in Harare. Some reportedly had been 
     told that if they paid to install electricity and water that 
     they would be given permits for their homes. Operation 
     Murambatsvina abrogated whatever agreement they may have had 
     with the government.
       We witnessed a similar situation at Kilarney squatters' 
     camp outside Bulawayo. The camp had been established by the 
     white minority Rhodesian government to move poor blacks out 
     of Bulawayo during colonial times. More residents of the camp 
     had been moved by the government of Robert Mugabe in the 
     1980s in the aftermath of the government massacre of Ndebele 
     people in Matabeleland. Now residents were on the move again. 
     This time, the camp was completely razed. Where once 
     thousands of people lived in houses often made of brick and 
     mortar, only ruins remained.
       Porta Farm residents told us that four people died in the 
     destruction of that camp: a child who was run over by a 
     bulldozer, a pregnant woman who died after being thrown into 
     a truck for transport elsewhere and two critically ill people 
     whose treatment was interrupted by the destruction. They were 
     not the only people who did not survive this operation. A 
     policeman was killed in Bulawayo when the wall of a building 
     he was helping to tear down fell on him. He died in the 
     United Bulawayo Hospital. An unknown number of people have 
     died of exposure or starvation or succumbed to untreated 
     medical conditions since Operation Murambatsvina began.
       Estimates range from 300,000 (U.S. embassy) to 700,000 
     (United Nations) displaced persons. An estimated 46,000 
     people have been arrested. More than 300,000 children are 
     unable to attend school due to being displaced or because 
     they have to care for siblings or older relatives in 
     distress. By all accounts, Operation Murambatsvina has 
     exacerbated existing social problems. Non-governmental 
     organization representatives told

[[Page 28404]]

     us there are now two million widows, 1.5 million orphans, 
     500,000 children with only one surviving parent and 8,000 
     households headed by children.
       The official rate of HIV-AIDS in Zimbabwe is 25%, although 
     it could actually be much higher. The way in which Operation 
     Murambatsvina has been applied is certain to ratchet that 
     percentage up much higher. Some women vendors have reported 
     being required to give sexual favors to get licenses to sell 
     goods. Moreover, with so many women vendors now unable to get 
     a license due to being arrested for having an illegal vending 
     operation, prostitution is likely to soar in coming weeks and 
     months. Heretofore, prostitution was not seen as a major 
     contributor to the rate of HIV-AIDS in Zimbabwe. A higher 
     HIV-AIDS rate also will affect those countries to which 
     Zimbabweans are fleeing.
       The threat of hunger, estimated by the U.S. embassy to be 
     greater than at any time in Zimbabwe's history, will be 
     exacerbated by Operation Murambatsvina. The food deficit was 
     believed to be 1.6 million metric tons prior to the removals 
     and now will rise dramatically. In the face of rising hunger, 
     the government outlawed ``urban farming'' and destroyed 
     gardens in and around cities, despite the fact that many 
     people were growing crops to make up for the lack of 
     available produce in Zimbabwe markets.
       This operation especially is having an ill effect on 
     Zimbabwe's economy. Early into Operation Murambatsvina, the 
     International Monetary Fund was predicting that Zimbabwe's 
     Gross Domestic Product would fall by 7% this year and that 
     inflation would rise to 200%. The country's Central 
     Statistical Office reported in mid-July that inflation had 
     risen nearly 20 percentage points in June to 164.3%. With the 
     almost utter destruction of the informal economy in this 
     operation and no coherent plan on how to restore the 
     thousands of microenterprises that were shut down, the 
     contraction of GDP could more than double. In fact, Center 
     for Global Development researcher Todd Moss is estimating 
     that Zimbabwe's Gross National Income is now down to its 1953 
     level.


                      the destruction's aftermath

       When we spoke to Didymus Mutasa, Minister of National 
     Security, he virtually bragged of having been part of the 
     decision to commence Operation Murambatsvina. He echoed the 
     government position that there were a lot of robberies, 
     prostitution and illegal money changing involved in the 
     informal markets that needed to be curbed. Minister Mutasa 
     added that crime was down significantly (20% by some 
     government estimates) since the operation began. He was 
     adamant that only 40,000 people were involved and that they 
     did not deserve sympathy.
       In fact, the government has told diplomatic missions who 
     had been providing food, blankets and medicines to displaced 
     people to stop. In a June 17th article in the Zimbabwe 
     Independent, senior officials at Zimbabwe's Ministry of 
     Social Welfare were reported to have ordered governors of 
     provinces to block donor groups from distributing food and 
     clothing to displaced people since the article noted that it 
     would ``expose the shortcomings of the controversial 
     campaign.''
       There is opposition within the government to requesting 
     food assistance, despite the estimated 4.5 million 
     Zimbabweans believed to need food this year. Discussions with 
     the World Food Program revolved around the government 
     allowing assistance while not requesting it and limiting the 
     supply of food resources to school feeding programs or 
     through the Grain Marketing Board, which has in the past 
     distributed food using political considerations.
       The government was said to be formulating its own response. 
     One such response is the establishment of several transit 
     camps, such as the one at Caledonia Farm. The conditions at 
     these camps are widely considered to be squalid. According to 
     a July 3rd report in the Times of London, aid workers say an 
     epidemic of diarrhea has broken out at the camp. Conditions 
     were so poor that church leaders we met with refused to allow 
     the displaced people they were caring for to be taken to the 
     camp.
       This concern was confirmed by Lucy Mwanza, a former 
     resident of the Harare suburb of Mbare now living at 
     Caledonia Farm, who told the United Nations Integrated 
     Regional Information Networks, as reported on June 14th: 
     ``All they (the government) did was just to come and dump us 
     here, and we have not heard from them since then. Just like 
     the other families that were brought here, my five children 
     and I were forced to set up two shacks using plastic and 
     cardboard boxes, but the cold is unbearable at night.''
       Father Barnabas Nqindi of the Church of the Ascension in 
     Bulawayo told us he was keeping the more than 100 displaced 
     persons at his church where the community has been generous 
     in helping to provide food and other supplies. Father Nqindi 
     said the transit camps, were too open, lacking proper shelter 
     and the necessary infrastructure to care for residents. He 
     said they were established hastily and remain unorganized. He 
     believes churches will play a major role in ensuring that 
     such camps are ready before people are transferred. Father 
     Nqindi said the churches are concerned about maintaining 
     access to the people once transferred so that they can 
     continue to ensure the necessary services are provided and 
     that eventual settlement of people in the camps is handled 
     humanely.
       Subsequent to our visit to Zimbabwe, baton wielding police 
     in full anti-riot gear reportedly stormed Father Nqindi's 
     church and other Bulawayo area churches, rounded up about 500 
     displaced people and took them to a transit camp about 35 
     kilometers outside the city. According to various reports, 
     the next morning, the people were dispersed, and the camp was 
     dismantled. WorldVision staff members were prevented from 
     distributing food. Only the Red Cross was allowed to provide 
     any assistance. Father Nqindi was briefly arrested, but has 
     been released for now.
       It is the government's intention to transfer many of the 
     people displaced from urban areas to their rural home, if 
     they have one. We saw many trucks carrying furniture leaving 
     cities, presumably on the way back to the original family 
     home. This exodus has been stymied, however, by the lack of 
     fuel in the country. Lacking foreign exchange with which to 
     buy sufficient fuel, the government has been unable to 
     prevent the rapid increase in gasoline prices, which have 
     risen 300% just due to higher world oil prices. In cities, 
     suburbs and more rural areas, lines of empty cars are parked 
     at gasoline stations awaiting word that fuel has arrived.
       The government also intends to build housing for the 
     displaced persons more consistent with reasonable urban 
     planning. Governor Gono told us he is confident that the 
     government can find one trillion Zimbabwe dollars to add to 
     three trillion in funding already identified to begin 
     construction of housing soon. However, the shortage of 
     foreign exchange currently is forcing the government to 
     choose between importing food or fuel, and the level of 
     funding necessary for such a major construction project is 
     far beyond known government revenues. Furthermore, to 
     adequately meet the needs of the many displaced people in a 
     timely manner, the rate of construction would have to exceed 
     any known rate for such a project anywhere in the world.
       The lack of housing, already a problem even for middle-
     class Zimbabweans, is now more acute. Housing prices have now 
     doubled and tripled, outpacing the ability to pay of working 
     families, even households headed by professionals. Some 
     middle-class people were among those whose homes were 
     demolished, and with this worsened housing crisis, the 
     homeless in Zimbabwe now include those who make a good 
     living, but who had the misfortune of losing their homes at 
     the worst possible time.
       One Zimbabwe businessman, who allegedly has a source within 
     President Robert Mugabe's inner circle, told us that the 
     Zimbabwe president, commenting on the results of Operation 
     Murambatsvina reportedly said: ``What a mess!''
       Indeed, many of his countrymen would agree, as they are 
     calling this situation ``the Mugabe tsunami.''


                 RATIONALE FOR OPERATION MURAMBATASVINA

       With such devastation to the Zimbabwe population and to the 
     country's economy, one wonders why Operation Murambatsvina 
     was undertaken in the first place. Of the many reasons 
     offered by sources to whom we spoke, opposition party Member 
     of Parliament David Coltart offered four reasons that 
     encompass what others have suggested as well.
       The ZANU-PF government used Operation Murambatsvina as a 
     tool to punish its political opponents. There certainly seems 
     to be some truth to this contention since this operation 
     began in urban areas that had not traditionally voted for 
     President Mugabe or his party. In the March 2005 elections, 
     ZANU-PF won only one urban seat. Mr. Coltart and others see 
     the government's actions as purely retribution for the 
     communities that did not vote for the ruling party. However, 
     as mentioned earlier, this operation spread from the urban to 
     the suburban to the rural areas and punished even ZANU-PF 
     supporters. Whatever the initial rationale for this 
     operation, it seems to have gotten out of hand and fallen 
     victim to a melange of agendas. Some ZANU-PF communities 
     apparently didn't vote in appropriate numbers in March, and 
     the so-called war veterans had served their purpose. Still, 
     the response of many ZANU-PF officials indicated that whoever 
     was targeted by this operation was not to be pitied or 
     helped.
       The ZANU-PF government feared an urban uprising and used 
     Operation Murambatsvina to clean out potential armed 
     opponents. Mr. Coltart and others pointed out that the ZANU-
     PF government has mishandled the economy so badly that unrest 
     is growing, especially with a 70% unemployment rate. The 
     financial crisis is deep and becoming insurmountable without 
     outside help that may not be forthcoming. Some sources 
     reported that youth, whose unemployment is near universal, 
     were becoming particularly restive, and some have said there 
     were efforts to obtain weapons by urban youth. I must 
     emphasize that this report is not broadly corroborated. 
     Nevertheless, the Central Intelligence Organization is aware 
     of sentiments, and due to their widespread infiltration of 
     organizations and movements throughout Zimbabwe, they are 
     aware of the

[[Page 28405]]

     so-called ``pub talk.'' Depopulating urban poor areas and 
     destroying the dissatisfied war veterans likely does provide 
     some protection against those willing and able to rise up in 
     armed opposition to the government.
       The ZANU-PF government was convinced that a vast pool of 
     foreign exchange was tied up in the parallel market and used 
     Operation Murambatsvina to obtain this currency. As discussed 
     earlier, the government has mishandled the economy to a 
     disastrous extent, and according to Dr. Tony Hawkins, 
     economics professor at the University of Zimbabwe's School of 
     Business, there is no turnaround in sight. Dr. Hawkins said 
     the central bank is printing money and distributing it, but 
     this is only exacerbating the inflationary spiral the country 
     is experiencing. The government was widely reported to have 
     raided hotels in search of significant amounts of foreign 
     currency, which was not found in the expected amounts. 
     Businesspeople confirmed that their successful Indian 
     colleagues had their homes and businesses raided--again in 
     search of supposed foreign exchange pools that for the most 
     part were not found. The effort to locate and seize large 
     amounts of foreign exchange from the informal sector also has 
     generally failed to turn up enough foreign exchange to 
     justify the raids.
       The ZANU-PF government used Operation Murambatsvina as a 
     tool of social engineering to turn the country into a feudal 
     society that is easier to control. With its continual call 
     for displaced people to return to their rural roots, the 
     government seems to want to bring people back to the rural 
     areas where they rule through appointed headmen. Many of the 
     dispersed people no longer have a home in the rural area, 
     never came from the rural areas or are foreign-born. Given 
     the control headmen have in these areas, the displaced who 
     relocate to rural areas will have to be ``vetted,'' meaning 
     that they will have to pass a political litmus test to get 
     land, work or food assistance until they can get established. 
     At the Fountain of Hope Church we visited in Harare, young 
     men were told to keep all the necessary identification on 
     them because if they got picked up by police without it, they 
     could be shipped off to work on a farm. If the commercial 
     farming industry is to be revived, Zimbabwe will need an 
     infusion of farm workers, and the displaced (and possibly 
     forced) could provide a pliable rural workforce.


                      INTERNAL AND EXTERNAL FORCES

       In considering how to deal with this complex and troubling 
     situation in Zimbabwe, it is useful to consider those actors 
     who could be of use in addressing this crisis. They consist 
     of internal and external forces.

                            Internal Forces

       There are four primary domestic actors in Zimbabwe:
       ZANU-PF: The ruling party is home to competing interests 
     that are becoming increasingly restive. There are the 
     loyalists, such as Didymus Mutasa; the pragmatists, such as 
     Vice President Joyce Mujuru and her influential husband 
     Simon, and the potential reformers, such as Speaker of 
     Parliament John Nkomo and Gideon Gono. Make no mistake about 
     it: all these figures and those allied with them arrive at 
     decisions based on how they are personally affected. 
     Independent Member of Parliament Jonathan Moyo was once a 
     member of Mugabe's inner circle, but he is now a proclaimed 
     reformer, likely based on his ouster from the ruling party as 
     much as his natural pragmatism.
       The hardliners in ZANU-PF are just about unreachable. 
     However, there are elements within the ruling party who might 
     be amenable to working toward a better path for Zimbabwe's 
     future if discussions were initiated through all available 
     channels. ZANU-PF central committee member and former Member 
     of Parliament Pearson Mbalekwa publicly split from the party, 
     and at least 10 other party MPs are said to be considering a 
     similar move. Of course, the rapid seizure of Mbalekwa's 
     assets is a reminder to potential defectors of what is in 
     store if they leave the party. Mr. Moyo has managed to 
     survive life after ZANU-PF, so it is not impossible to carry 
     on successfully after leaving the party if one is as clever 
     as he is. One also must keep in mind that those loyal ZANU-PF 
     leaders involved in business ventures know they cannot 
     withstand the growing isolationism Mugabe's policies are 
     bringing on Zimbabwe.
       MDC: The opposition Movement for Democratic Change (MDC) 
     has been almost absent from the fray involving Operation 
     Murambatsvina. When we spoke with top officials from the 
     party, they seemed not to fully understand the political 
     necessity of identifying with their constituents by spending 
     time with them in their misery, helping to bring shelter or 
     food or just helping them clean up the rubble that had been 
     their homes. While thousands were suffering the after-effects 
     of Operation Murambatsvina, MDC leader Morgan Tsvangirai was 
     in South Africa for the release of his autobiography.
       This party also is in some turmoil. Mr. Tsvangirai has been 
     quoted as wanting to get rid of his fellow top party leaders, 
     although he has denied this. He would have some reason to 
     question their loyalty, though, since party Vice President 
     Gibson Sibanda and Secretary-General Welshman Ncube met with 
     Mugabe while Mr. Tsvangirai was in Nigeria meeting with 
     Nigerian President Olusegun Obasanjo. There are some who 
     believe this party could split between the so-called activist 
     wing, led by former labor leader Tsvangirai and the 
     parliamentary wing, led by Mr. Ncube and Mr. Sibanda. The 
     party lacks a strong base among civil society, labor or the 
     churches because of its failure to bring all these 
     stakeholders into their political calculations, and MDC has 
     not adequately supported those civil actions that have taken 
     place. With a tarnished reputation abroad caused by their 
     past linkages to white farmers providing their funding, this 
     party needs to reconceptualize its approach if it is to live 
     up to its potential and plays significant role in Zimbabwe.
       Civil society: We met with a number of NGOs, and the most 
     impressive was Women of Zimbabwe Arise (WOZA). While much of 
     the population seems unwilling or unable to respond pro 
     actively to the crisis in their country, the members of WOZA 
     put themselves on the line by protesting peacefully against 
     government repression. Other NGOs are trying to respond in 
     their own way, monitoring the political process, providing 
     help for the homeless, offering services to victims of HIV-
     AIDS and defending the rights of Zimbabweans in court. 
     However, other Africans who have fought for their freedom, 
     particularly in South Africa, look down on Zimbabweans, who 
     are seen as too passive in the struggle for their freedom. 
     WOZA members have suffered beatings and arrests to stand up 
     for the rights of all Zimbabweans.
       Despite the fact that the Congress of South African Trade 
     Unions (COSATU) reached out to labor in Zimbabwe and even 
     continued to reach out in the face of repeated expulsions 
     from the country, the Zimbabwe Congress of Trade Unions 
     (formerly headed by Mr. Tsvangirai) has not played a strong 
     role in the battle for Zimbabwe's future. Strikes have 
     fizzled because of a lack of commitment by either civil 
     society leaders or opposition party leaders. The prospect of 
     facing a brutal police reaction seems to have frozen efforts 
     to legally, peacefully oppose government actions.
       Churches: I have separated churches out from civil society 
     because until quite recently, most churches have declined to 
     get involved in issues of political rights in favor of 
     sticking with a focus on spiritual needs. Operation 
     Murambatsvina led many churches and church leaders to alter 
     their focus to include feeding and sheltering people. The 
     government's heavy-handed evacuation of displaced people from 
     churches and removal to an uncertain fate may spark a more 
     activist role by churches. The accompanying arrests of 
     ministers merely trying to meet the needs of people may cause 
     more churches to challenge the political status quo and 
     sharpen their criticism in sermons. Even some of the 
     hardliners, such as Minister Mutasa, have demonstrated 
     concerns about their spiritual future, and stronger preaching 
     against cruel and undemocratic government actions could help 
     wear them down as similar tactics began to do with white 
     racists in the American south during the civil rights 
     movement.

                            External forces

       There are four categories of external forces that could 
     impact the situation in Zimbabwe:
       International community: Thus far, neither the United 
     States nor the United Kingdom has been effective in making a 
     positive impact on the situation in Zimbabwe since 
     independence. The British, as the former colonial power, have 
     had to work through the resentment of a government to which 
     it ceded power. The United States has had to deal with the 
     resentment of former guerillas who were never supported in 
     the struggle against white minority rule. President Mugabe 
     and his loyalists have a long memory for resentment, and in 
     many ways, they live in the past, fixated on the wrongs they 
     feel were done to them in the 1960s, 1970s and even since 
     independence.
       The European Union and nations such as Australia have 
     placed sanctions on Zimbabwe, but much of the rest of the 
     international community apparently has felt that the problems 
     of Zimbabwe are the responsibility of the former colonial 
     power and have shown little patience for engagement with a 
     difficult Zimbabwe regime that has too often fashioned its 
     own reality in its interactions with the rest of the world. 
     Of late, the Mugabe government has ``looked East'' to 
     Malaysia and China for salvation from an international 
     community that has pressed that government to respect the 
     rule of law and make governance and economic reforms. Even 
     now, the Zimbabwe government is appealing to China and 
     Malaysia to save it from an international community that has 
     no faith in its willingness to reform and has lost patience 
     with its cavalier attitude toward the rights and welfare of 
     its people.
       International institutions: The United Nations has 
     condemned various actions by the Government of Zimbabwe over 
     the years, but has done so seemingly reluctantly and 
     ineffectively. It's most recent efforts in Zimbabwe, however, 
     were handled carefully, and hopefully will be its most 
     important contribution to Zimbabwe ever. By sending an envoy 
     whose portfolio was resettlement, the UN appeared to accept 
     the government's rationale that Operation Murambatsvina was

[[Page 28406]]

     a legitimate, if clumsy, exercise. That allowed Ms. Anna 
     Tibaijuka to not only enter the country, but examine the 
     situation at length with few restrictions. Her report accused 
     excoriated Operation Murambatsvina as a ``disastrous 
     venture'' and accused the ZANU-PF government of creating a 
     ``humanitarian crisis of immense proportions.''
       In contrast, the African Union's initial reaction to the 
     growing Zimbabwe crisis was to reflexively reject calls to 
     pressure the Zimbabwe government to end its evictions, 
     destruction and arrests. AU spokesman Desmond Orjiako told 
     BBC News on June 6th that ``If the government that they 
     elected says they are restoring order by their actions, I 
     don't think it would be proper for us to go interfering in 
     their internal legislation.'' Evidently, the enormity of this 
     operation finally convinced AU leaders to take action, but it 
     was so hastily put together that it failed to appropriately 
     prepare the way for its envoy. As a result, Mr. Bahamas Tom 
     Nyandunga, a member of the AU Commission on Human and 
     People's Rights, was confined to his hotel for several days 
     before being expelled from Zimbabwe during Ms. Tibaijuka's 
     mission. Meanwhile, the International Monetary Fund will 
     consider expelling Zimbabwe at an August meeting for failing 
     to make any reasonable attempt to honor its loan obligations.
       African community: The AU, as of this writing, has not 
     reacted publicly to the rejection of its envoy. The 
     organization's bureaucrats are likely lamenting the failure 
     to follow protocols in dispatching their envoy and accepting 
     Zimbabwe's right to reject an envoy forced on them in 
     violation of the government's sovereignty. African housing 
     ministers, meeting during our visit, accepted Zimbabwe's 
     explanation of the reason or Operation Murambatsvina. 
     Moreover, African government have been known to engage in 
     similar mass evictions, such as Kenya's recent eviction of as 
     many as 30,000 people from homes they constructed in the Mau 
     Forest.
       South Africa's quiet diplomacy has failed to move either 
     the Zimbabweans or their fellow Southern African Development 
     Community nations. Tanzania, Namibia and Zambia have even 
     complimented the Zimbabwe government and dismissed criticism. 
     Meanwhile, an African coalition of civil society groups, in 
     five news conferences held across the continent, has appealed 
     to the AU and the UN to stop Operation Murambatsvina. Mr. 
     Reuel Khoza, chairman of the New Partnership for Africa's 
     Development (NEPAD) has criticized the AU for ``shirking its 
     responsibility'' in comments to Business Day on June 29th, 
     calling on the AU to be ``more outspoken'' in condemning the 
     actions of the Mugabe government. The South Africans seem to 
     have heard the message. In its conditions for funding a 
     financial bailout of the Zimbabwe government, it is requiring 
     a resumption of discussions on cooperation between ZANUPF and 
     MDC, economic and governance reforms and renewed respect for 
     rule of law. South African government officials told us 
     Africans were waiting for the UN report. Now that it has 
     blasted the Zimbabwe government's actions, all eyes are on 
     Africa for its reaction.
       African Diaspora: People of African descent throughout the 
     world are often overlooked as regards the influence they 
     could have in bringing to an end the cover under which 
     African despots often operate. By invoking colonialism, neo-
     colonialism and racism, Zimbabwe and other African nations 
     deflect criticism as efforts by the white international power 
     structure to either diminish their authority or impugn the 
     capability of black leadership. In reality, however, African 
     leaders such as President Mugabe have shown repeatedly that 
     they do not rule in the interest of their countrymen. When 
     Mugabe had the white commercial farms seized, he did not turn 
     the land over to the black farm workers who knew how to till 
     the land. When black professionals merely tried to defend the 
     legal rights of the average Zimbabwean, they were beaten and 
     jailed. When poor black workers tried to create acceptable 
     shelter until they could afford better dwellings, the 
     government destroyed their homes and put their lives in 
     limbo.
       African-Americans have a long history of trying to defend 
     the interests of African people. In the 1930s, African-
     Americans were the leading edge of the movement to save 
     Ethiopia from Italian conquest. Through the 1940s, 1950s and 
     1960s, African-Americans led the liberation struggle for 
     African nations struggling to break free from colonial rule. 
     Many African-Americans, including members of the 
     Congressional Black Caucus, supported Zimbabwe's liberation 
     struggle even when the U.S. government did not. Caucus 
     members and African-American opinion leaders have shown 
     interest in positively intervening in the Zimbabwe crisis to 
     benefit that country's people. This is an untapped resource 
     that should be utilized for the benefit of Zimbabweans and 
     other African people who need all the help they can get.


                            RECOMMENDATIONS

       American policy toward Zimbabwe has been unable to make any 
     significant impact on that country's government and has had a 
     hostile relationship with the Mugabe government since 
     independence. Given the factors as presented earlier, I would 
     suggest the following coordinated strategy to restructure 
     U.S. policy:
       (1) Provide humanitarian assistance to the fullest extent 
     possible to the many displaced people. Even though the Mugabe 
     government would be unlikely to receive humanitarian 
     assistance directly from the United States, it is in the 
     interest of the people of Zimbabwe to funnel such help 
     through the World Food Programme or any other available 
     conduit to meet the housing, food, medical and other needs of 
     the people of Zimbabwe. This assistance must be provided as 
     swiftly as possible, and revulsion as bailing the Zimbabwe 
     government out of the crisis it has created must not prevent 
     a rapid response to this crisis.
       (2) Maintain civil society throughout the current crisis 
     and enhance their ability to serve the needs of the people. 
     President Mugabe last year declined to sign a restrictive law 
     that would virtually tie the hands of NGOs by restricting 
     their international funding, but the law is expected to be 
     revived. Therefore, all U.S. efforts to maintain Zimbabwe 
     civil society must be undertaken to build their capacity to 
     defend the rights and interests of Zimbabwe's people. This 
     should take the form of increased funding, as possible, for 
     Zimbabwe NGOs, as well as technical assistance. As for labor 
     and the churches, facilitating ongoing contacts with 
     counterparts in other countries will be vital in enhancing 
     their ability to carry out the increasingly necessary task of 
     safeguarding the welfare of Zimbabwe's people. Funding is 
     included in current authorization and appropriations bills.
       (3) Provide support for efforts to inform the Zimbabwean 
     people and the world community about events in Zimbabwe. The 
     established media has been hampered in the effort to film and 
     report on what happens in Zimbabwe. To offset this 
     limitation, the U.S. government has funded ``guerilla media'' 
     to film and report on Operation Murambatsvina and other 
     actions taken against Zimbabwe's people. Such support must 
     not only continue, but be expanded. In addition to equipment 
     and funding to support guerilla media inside Zimbabwe, 
     support must be extended to SW Radio, which has broadcast by 
     shortwave (now medium wave) into Zimbabwe from London. 
     Moreover, the popular and effective Voice of American 
     broadcasts must continue and expand as needed.
       (4) Work with the Zimbabwe business community at home and 
     abroad to build their capacity to survive the economic crisis 
     and strive toward improving the country's economic situation. 
     With the dismantling of the formal economy and the recent 
     destruction of the informal sector, efforts to rebuild both 
     the agriculture and manufacturing sectors, as well as a 
     legalized small and micro-business sector, will be vital in 
     enabling Zimbabweans to survive beyond what aid can provide, 
     accumulate wealth sufficient to escape poverty and produce 
     tax revenues for a reformed public sector. That will mean 
     encouraging the legalization of vendors under a rational, 
     equitable policy, in addition to the reform of the country's 
     investment policies so that expatriate Zimbabweans, South 
     Africans and other investors will feel more certain about the 
     commercial environment. Such investment would be an 
     encouragement to reformist and pragmatic elements of ZANU-PF.
       (5) Help legislators in the ruling party and the opposition 
     party engage on issues of mutual concern. South Africa is 
     encouraging talks between the ruling and opposition parties. 
     The most likely basis for commonality now is in finding ways 
     to rebuild the country's economy. Rather than tackling 
     controversial political issues initially, working together to 
     save the economy could build a basis for broader cooperation, 
     especially since governance and economic reforms will be 
     inevitable if Zimbabwe's economy is to be revived. U.S. 
     resumption of USAID-funded programs to facilitate such 
     parliamentary working relationships would be a helpful 
     contribution to this process.
       (6) Engage African nations, through their governments and 
     people, to stimulate African efforts to help resolve the 
     Zimbabwe crisis. African leaders are loathe be seen as being 
     forced by the developed world to castigate one of their own. 
     However, with the help of the Diaspora, especially African- 
     Americans, a successful way forward may be found to support 
     good governance and economic policies that build the capacity 
     of all Zimbabweans to escape poverty and not just make 
     selected citizens wealthy. This effort could include 
     encouragement of a team of respected African elders who could 
     speak with President Mugabe about necessary changes, 
     including his retirement. It also should include an effort to 
     work through the African Union and civil society across the 
     continent to promote a just solution to the current crisis.
       (7) Selectively engage government officials and ruling 
     party legislators to find ways to end the current crisis and 
     move the country toward true democracy and economic freedom. 
     By lumping all of Zimbabwe's leaders in the same category, 
     there are no channels for discussions about how to use the 
     levers of power to reverse Zimbabwe's current slide. The 
     Zimbabwe Democracy Economic Recovery Act of 2001 allows for a 
     selective waiver of the visa sanctions such that cooperative

[[Page 28407]]

     elements of ZANU-PF could be allowed into the United States 
     for discussions, or if a visit to the U.S. would pose a 
     problem for such ZANU-PF officials, then meetings could and 
     should be arranged in more neutral settings. However and 
     wherever these talks take place, they must be held if a way 
     forward is to be found. Isolating the entire ruling party and 
     government gives no encouragement for any officials to change 
     their behavior or the direction of the country.
       Zimbabwe has been a persistent problem for U.S. 
     policymakers. It is time for the executive and legislative 
     branches to devise a mutually agreeable, coordinated policy 
     to bring Zimbabwe into ranks of African nations who have 
     developed political and economic stability and help that 
     nation avoid the certain fate of becoming a failed state if 
     its course is not changed soon. Such an eventuality will not 
     only have a tragically negative impact on that nation's 
     population, but also will be a tremendous burden for the 
     entire southern African region. It also will represent yet 
     another missed opportunity for Africa to seize available 
     opportunities to make advancements in the global economy.


                                APPENDIX

       The following are the people we met during the staff 
     delegation visit.

                                Zimbabwe

       Hon. Tendai Biti--MDC Member of Parliament
       Nikki Blythe-Wood--The Travel Company
       Norberto Celestino--International Organization for 
     Migration
       Nigel Chanakira--Success Motivation Institute
       Hon. David Coltart--MDC Member of Parliament
       Lynde Frances--The Centre
       Dr. Gideon Gono--Governor, Reserve Bank of Zimbabwe
       Valerie Guarnieri--United Nations World Food Programme
       Dr. Tony Hawkins--University of Zimbabwe School of Business
       Munyaradzi Kereke--Reserve Bank of Zimbabwe
       Bishop Trevor Manhanga, Bishop of the Pentacostal 
     Assemblies of Zimbabwe
       Isabella Matambandzo--Open Society Initiative for Southern 
     Africa
       Dr. Reginald Matchaba-Hove--Zimbabwe Election Support 
     Network
       Hon. Priscilla Mishairambwi--MDC Member of Parliament
       Shingirai Mmpa--Women of Zimbabwe Arise
       Hon. Jonathan Moyo--Independent Member of Parliament
       Kilton Moyo--WorldVision
       Jonah Mudehwe--National Association of Non-Governmental 
     Organizations
       Bishop Patrick Mutume, Auxiliary Bishop for the Catholic 
     Diocese of Mutare
       Hon. Didymus Mutasa--Minister for State Security
       Priscilla Mutembwa--Zimbabwe Allied Banking Group
       Welshman Ncube--MDC Secretary General and Member of 
     Parliament
       Fr. Barnabas Nqindi--Pastor, Church of the Ascension
       Yvonne Nxumalo--Western Union
       Florence Sachikonye--Sachara (clothing manufacturer)
       Otto Saki--Zimbabwe Lawyers for Human Rights
       Dr. Peter Kagwanja--International Crisis Group
       Dr. Anna Tibaijuka--UN Habitat--Special Envoy
       Daniel Wang'ang'a--WorldVision
       Jenny Williams--Women of Zimbabwe Arise
       Mari Yamashita--United Nations--Africa Division

                              South Africa

       Simon Boshielo--COSATU
       Richard Cornwell--Institute for Security Studies
       Ross Herbert--South African Institute of International 
     Affairs
       Paul Fagan--International Republican Institute
       Tim Hughes--South African Institute of International 
     Affairs
       Dr. Peter Kagwanja--International Crisis Group
       Dr. Bane Maleke--Development Bank of Southern Africa
       Chris Maroleng--Institute for Security Studies
       Strive Masiyiwa--ECONET Wireless
       Andrew Meldrum--The Guardian/The Observer
       Fr. Richard Menatsi--Southern African Catholic Bishops' 
     Conference
       Kgalema Motlanthe--ANC Secretary General
       Piers Pigou--Zimbabwe Torture Victims/Survivors Project
       Matshidoso Raphadu--South Africa Department of Foreign 
     Affairs
       Dr. Piet Viljoen--Development Bank of Southern Africa

  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution.
  Mr. Speaker, as the sponsor of this resolution, I would first like to 
express my appreciation to Chairman Henry Hyde for his strong support 
for this measure and for his help in getting it to the floor. I also 
wish to thank my colleagues for their cosponsorship and concerns 
expressed for the people of Zimbabwe.
  Mr. Speaker, for over two decades, the United States has tried to 
influence the government of Zimbabwe in the right direction. Many in 
this body supported the liberation of Zimbabwe from the oppressive, 
colonial rule of Ian Smith's Rhodesia.
  And for years after independence, Zimbabwe's political leaders made 
great progress for their people in education, economic development, and 
agricultural production. Until a few years ago, Zimbabwe was considered 
the breadbasket of southern Africa.
  But, Mr. Speaker, all of that changed in 2000 when President Robert 
Mugabe and his party realized they were losing their monopoly on 
political power, and changed from being a government of liberation to 
one of tyranny and ruthless oppression.
  In 2001, Congress passed the Zimbabwe Democracy and Economic Recovery 
Act establishing sanctions on specific individuals who had grossly 
mismanaged the Zimbabwean economy, instituted draconian legislation in 
opposition to the rule of law, and used violence to suppress civil 
society and political opponents during their elections.
  In that legislation, Mr. Speaker, we also provided incentives for 
Zimbabwe's leaders to return to the rule of law, to create new 
political space, and to pursue economic policies that would benefit 
their citizens.
  Instead of responding to our incentives, conditioned only on their 
respect for the rule of law and economic common sense, Zimbabwe's 
leadership lashed out even more strongly against its own citizens.
  Mr. Speaker, the event this past spring, called ``Operation `Throw 
Out the Trash','' by the Mugabe regime, has taken the government of 
Zimbabwe to a new low. When a government begins to describe its own 
citizens as ``trash,'' it has lost its sense of purpose and become an 
enemy to its people.
  Mr. Speaker, I have monitored carefully the situation in Zimbabwe and 
want to share with you some of the devastation documented by the United 
Nations, our own Agency for International Development, and Zimbabwean 
human rights organizations.
  First, Operation ``Throw Out the Trash'' occurred as the Zimbabwean 
economy is in a chronic state of decline. Inflation is well over 300 
percent. At a time when 70 percent of Zimbabweans are unemployed, food 
for a family of six can increase by 160 percent in one month alone. 
Compounding these economic woes is the HIV/AIDS crisis. Mr. Speaker, 
one-quarter of Zimbabweans is infected with HIV/AIDS.
  With complete disregard for the suffering of its people, the Mugabe's 
regime launched ``Operation Throw Out the Trash'' on May 25, 2005, and 
within a few weeks, displaced 700,000 individuals from their homes or 
businesses or both, and indirectly affected 2.4 million people. Of the 
700,000 directly displaced, an estimated 172,200 were living with HIV/
AIDS.
  To carry-out the Operation, the government ordered individuals to 
tear down their own homes and businesses, then loaded men, women and 
children onto trucks, and dumped them in transit camps outside the 
cities with no shelter, food, clothing, medicine, or sanitation.
  This occurred during the dead of Zimbabwe's winter where night 
temperatures can fall to freezing. During the Operation, babies were 
born in the cold winter air and the weak and frail died from exposure.
  Mr. Speaker, ``Operation Throw Out the Trash'' devastated the most 
vulnerable in Zimbabwean society including the elderly, the mentally 
ill, the physically challenged, malnourished children, and the 
chronically ill.
  Most devastated, perhaps, were individuals living with HIV/AIDS. The 
Operation indiscriminately tore down health clinics where individual 
received voluntary counseling and testing. Patients on antiretroviral 
treatment were cut off from their doctors and medicines, while home-
based care programs for HIV/AIDS patients were decimated.
  Most shocking, the Operation destroyed several HIV/AIDS orphanages 
where the children, who had lost both parents and had no family 
caretakers, also were living with HIV/AIDS.
  In response to an international outcry, the U.N. Secretary General 
appointed a Special Envoy to assess the situation and report on ways to 
address the conditions of those affected.
  The Special Envoy reported that the Zimbabwe government's purported 
effort to clamp down on illegal dwellings and illicit activities, was 
carried out in an indiscriminate

[[Page 28408]]

and unjustified manner and with disregard for national and 
international law.
  She called for bringing those immediately responsible to account and 
for immediate reparations to those who had lost property and their 
livelihood.
  Mr. Speaker, on top of this grave injury to his people, Mugabe lashed 
out recently at U.S. Ambassador Christopher Dell, who simply told the 
truth about the regime in power. Ambassador Dell stated the simple fact 
that Zimbabwe's current crisis is due to economic mismanagement and 
corrupt rule.
  Mr. Speaker, we must reinforce Ambassador Dell's message by passing 
this resolution today.
  This resolution sends a clear message to President Mugabe and his 
tyrannical government that we will speak out against his ruling party's 
harsh abuse of its citizens and condemn any actions that harm innocent 
people.
  Mr. Speaker, before I close, I want to commend our U.S. AID staff 
members for their efforts to provide emergency shelter, food, clothing, 
blankets, and medicine to Mugabe's victims of ``Operation Throw out the 
Trash.'' The Mission Director, Paul Weisenfeld, and his team, worked 
around the clock with local partners to provide relief for the affected 
people.
  Mr. Speaker, I urge my colleagues to support this resolution.
  Mr. Speaker, I want to express my deep appreciation to my good friend 
and distinguished colleague, Pearl-Alice Marsh, for the extraordinary 
job she has done in connection with this issue.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and agree to the resolution, H. Res. 409, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




   PROVIDING THAT HAMAS AND OTHER TERRORIST ORGANIZATIONS SHOULD NOT 
         PARTICIPATE IN ELECTIONS HELD BY PALESTINIAN AUTHORITY

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 575), providing that Hamas and other 
terrorist organizations should not participate in elections held by the 
Palestinian Authority, and for other purposes, as amended.
  The Clerk read as follows:

                              H. Res. 575

       Whereas the foundation for the Israeli-Palestinian peace 
     process was Palestinian recognition of Israel's right to 
     exist and a solemn obligation to end terrorism and violence;
       Whereas the removal of all Israeli presence in Gaza 
     signifies an end to Israeli responsibility there and a shift 
     in security responsibility of Gaza to the Palestinian 
     Authority;
       Whereas Israel's evacuation of Gaza affords the Palestinian 
     Authority, now the responsible governing authority in Gaza, 
     the opportunity to demonstrate its ability to govern, to 
     establish the rule of law, to end corruption, and thereby to 
     demonstrate that it is a partner for peace;
       Whereas Palestinian Authority President Mahmoud Abbas has 
     repeatedly called for the establishment of ``One Authority, 
     One Law, and One Gun'';
       Whereas since the withdrawal of Israeli military forces, 
     the Palestinian Authority has taken few steps to establish 
     rule of law in Gaza;
       Whereas Hamas, Islamic Jihad, the al-Aqsa Martyrs' Brigade, 
     and other terrorist organizations have vowed to continue 
     terrorism against Israeli civilians, seek the destruction of 
     the State of Israel, and employ violence and terror in 
     fulfillment of that aim;
        Whereas the inclusion of Hamas, or any other terrorist 
     group on the State Department list of foreign terrorist 
     organizations, into the Palestinian structure could be 
     construed as an implicit endorsement of their anti-American 
     and anti-Israeli terrorist ideology;
       Whereas the first provision of the Road Map to Middle East 
     Peace calls for the Palestinians to dismantle the terrorist 
     infrastructure;
       Whereas these terrorist organizations, including Hamas and 
     Islamic Jihad, operate virtually without interference from 
     the Palestinian Authority;
       Whereas Hamas has announced its intention to run in 
     Palestinian legislative elections scheduled for January 2006;
       Whereas Abbas has indicated his willingness to see Hamas 
     participate in the elections without first calling for it to 
     disband its militia or for it to renounce its goal of 
     destroying the State of Israel;
       Whereas the United States has clearly stated that armed 
     militias attached to political parties are incompatible with 
     democratic societies;
       Whereas President Bush has stated that Hamas ``seeks to end 
     dissent in every form, to control every aspect of life . . . 
     the terrorists are preparing a future of oppression and 
     misery'';
       Whereas the forces of freedom must continue to keep an 
     untiring vigil against the enemies of rising democracies; and
       Whereas the United States has a longstanding policy of not 
     dealing or negotiating with terrorists: Now, therefore, be it
       Resolved,  That the House of Representatives--
       (1) reaffirms its commitment to the safety and security of 
     the democratic State of Israel;
       (2) asserts that terrorist organizations, such as Hamas, 
     should not be permitted to participate in Palestinian 
     elections until such organizations recognize Israel's right 
     to exist as a Jewish state, cease incitement, condemn 
     terrorism, and permanently disarm and dismantle their 
     terrorist infrastructure;
       (3) calls on the Palestinian Authority President Abbas 
     before the election to declare openly his intention to take 
     action to dismantle the terrorist organizations;
       (4) asserts that the inclusion of Hamas, or any other 
     terrorist group on the Department of State's list of foreign 
     terrorist organizations, in the Palestinian Authority's 
     government will inevitably raise serious questions for the 
     United States about the commitment of the Palestinian 
     Authority and its leadership to making peace with Israel and 
     will potentially undermine the ability of the United States 
     to have a constructive relationship with, or provide further 
     assistance to, the Palestinian Authority; and
       (5) states its strong belief that, as underlined in every 
     recent Israeli-Palestinian peace agreement, progress in the 
     peace process requires sustained Palestinian effort to 
     dismantle the terrorist infrastructure, and that delay in 
     confronting that principal obligation only emboldens the 
     opponents of peace and threatens its realization.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume. I rise in strong support of House Resolution 575, and I 
commend my distinguished colleague and friend, Congressman Cantor, for 
introducing this resolution and Congressman McCaul for his efforts on 
this measure. I thank also the House leadership, Chairman Hyde and 
Ranking Member Lantos of the International Relations Committee for 
helping to bring House Resolution 575 to the House floor today.
  This resolution takes a united stand against the attempts of the 
murderous Islamic extremist organizations to hijack the elections that 
will be taking place within the Palestinian Authority.
  Hamas, in particular, is inserting itself in the political process 
while fully maintaining and reportedly expanding its militant 
activities. That organization's continuing violence against Israel and 
its refusal to disarm has been a constant and incendiary impediment in 
the U.S. efforts to promote peace and security in the region.
  Allowing a group with a track record like Hamas to obtain significant 
influence and legitimacy within the Palestinian Authority severely 
jeopardizes our goal of eliminating jihadist safe havens through 
preemptive democratic reform. Conversely, allowing these organizations 
to masquerade as political

[[Page 28409]]

parties and abuse the political process would be a triumph for those 
who wish to spread fear and violence throughout the region.
  The participation of Islamist jihadist organizations, such as Hamas, 
in Palestinian elections will destroy any hope for peace and security 
for Israel, or for peace, democratic governance, and economic growth 
and prosperity for the Palestinian people.
  A mistake was already made this summer, my colleagues, by allowing 
Hezbollah, another military jihadist entity, to participate in the 
Lebanese elections. Despite Hezbollah's refusal to disarm their 
militias and dismantle their terrorist infrastructure in violation of 
U.N. Security Council Resolution 1559.
  Hezbollah's participation this summer in Lebanon's first elections 
after Syrian military withdrawal was allowed despite its continued 
targeting of Israelis, including the recent violence on Israel's 
northern border. The U.S. must not allow a similar error with respect 
to Hamas in the upcoming Palestinian elections. The stakes are too 
high, and the negative consequences are far too ominous.
  We must continue to raise our strong opposition to the participation 
of jihadist organizations in Palestinian elections. Their participation 
will run counter to both U.S. policy priorities and statements from the 
Palestinian leadership regarding political reform and the fight against 
worldwide terrorism.
  For the sake of peace and security, and for the benefit of both the 
Palestinian and the Israeli people, we must leverage our influence to 
promote and support positive change within the Palestinian Authority 
and prevent Islamist extremist organizations like Hamas from hijacking 
the process.
  Mr. Speaker, I yield the balance of my time to the gentleman from 
Texas (Mr. McCaul), and I ask unanimous consent that he be permitted to 
control the time as the author of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Mr. LANTOS. Mr. Speaker, I rise in strong support of this resolution, 
and I yield myself such time as I may consume.
  I want to commend my colleagues and friends, Mr. Cantor and Mr. 
Menendez, for introducing this important resolution.
  Mr. Speaker, I would like to ask my colleagues on both sides to 
suspend disbelief for a moment and imagine that this body included not 
just Democrats and Republicans but also representatives of an armed 
terrorist militia. Imagine that colleagues knew that those who opposed 
the militia's proposals might be killed as a result. It would certainly 
change the dynamics of this body just a bit, would it not, Mr. Speaker?
  Well, that is exactly the circumstance that the Palestinian 
Legislative Council will face when it convenes after the January 25 
elections, when Hamas, by current projections, is likely to hold over a 
quarter of the council seats.
  Mr. Speaker, corruption of the legislative process is just one of 
many reasons that parties, so-called parties representing militias have 
no place in a Democratic system. When terrorist militias participate in 
elections, voters are intimidated. The concepts of the will of the 
majority and the rights of the minority are rendered meaningless.
  Mr. Speaker, terrorist Hamas has no business participating in a 
Palestinian election that is supposed to advance the cause of peace; 
indeed, in a Palestinian election for a legislative body whose very 
basis is an Israeli-Palestinian agreement in which the Palestinians 
agreed to foreswear all violence.
  In fact, Hamas should be disqualified on two grounds: as a terrorist 
group and as a group that denies Israel's right to exist. And there is 
a third reason as well: Hamas is a fundamentalist jihadist organization 
that has nothing but contempt for democracy, though it is more than 
happy to exploit democracy for its own nefarious ends.
  Mr. Speaker, the participation of Hamas in the January 25 Palestinian 
election now appears likely. Just today, Hamas submitted its list of 
candidates. But Hamas participation will be a mistake of historic 
proportions for the cause of Israeli Palestinian peace. The very first 
clause of the Middle East roadmap requires that the Palestinians 
dismantle all terrorist infrastructure.
  If that is what Abu Mazen wants to do, he is going about it in an 
entirely wrong way. With Hamas inside the legislative chicken coop in 
huge numbers, supported there in the cause of violence and gun-bearing 
by numerous other factions from Abu Mazen's own Fatah party, it will be 
more difficult than ever for Abu Mazen and the Palestinian authority to 
take the necessary action to dismantle Hamas' terrorist infrastructure, 
much less to convince it and other terrorist groups to disarm 
peacefully.
  I deeply regret that Abu Mazen has welcomed Hamas' unconditional 
participation in the upcoming Palestinian elections. In passing this 
resolution, we will call on Abu Mazen to reverse course at the eleventh 
hour to prevent Hamas from participating and thereby try to help these 
elections prepare the ground for meaningful post-election peacemaking.
  But, Mr. Speaker, even if Abu Mazen does not heed our advice, this 
resolution sends a powerful message to all the Palestinian people. The 
United States will have no interest in dealing with a Palestinian 
government that includes Hamas. Abu Mazen and his colleagues will have 
to keep that in mind when they form their cabinet.
  Moreover, the inclusion of Hamas representatives in the government of 
the Palestinian Authority will have a profound effect on the attitude 
of the United States, both our government and the American people, 
toward Palestinians.

                              {time}  2300

  It will inform every decision that this body makes regarding any 
issue related to the Palestinians, including economic assistance. I 
urge Abu Mazen in the strongest terms to reconsider his decision to 
welcome Hamas participation in Palestinian elections. I urge all of my 
colleagues to support Middle East peace and to fight terrorism by 
voting for this important resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of this resolution to express 
the idea that democracy and terrorism are not compatible and that 
statesmen and terrorists cannot coexist. I want to thank Mr. Cantor and 
Ms. Ros-Lehtinen for their assistance and hard work in bringing this 
important resolution to the floor. I would also like to thank Mr. 
Menendez, Mr. Lantos, Ms. Berkley, and Mr. Wexler for their partnership 
on this issue.
  We have come here today in a very bipartisan fashion in order to 
deliver a message to Mr. Abbas and to all other developing democracies 
in the rest of the world.
  The future of Palestinian democracy cannot include terrorists and 
religious fanatics. The first step of President Bush's road map to 
peace calls for the disarming of Hamas and other terrorist 
organizations, as well as the dismantling of the terrorist 
infrastructure. The Palestinian people will have a future only if their 
leaders begin to take responsibility for the well-being of their 
citizens, and they must end their obsession with the destruction of the 
State of Israel.
  Democratic parties cannot control armed militias. If the Palestinians 
wish to have a democratic country, Hamas must lay down its arms, and it 
must renounce the use of terrorism and violence, and it must recognize 
Israel's right to exist; or they must know that this Congress will not 
be a friend to their government. Terrorist organizations do not have a 
place in a peaceful political process.
  It is not unprecedented in recent history for a terrorist 
organization to lay down its arms, to renounce its violent ways, and 
then to be accepted into a legitimate democratic government. The

[[Page 28410]]

IRA has accomplished this, and Hamas has had the opportunity to do 
this. But instead, they have repeatedly vowed to continue bloody 
terrorist acts against innocent Israeli citizens and stated their 
intentions to seek the destruction of the State of Israel.
  President Abbas himself has called for the Palestinian Authority to 
act with one authority, one law, and one gun. But actions speak louder 
than words, and this upcoming election is the test for him and for 
Palestinian democracy.
  The Palestinian government has not taken the necessary steps to 
accomplish this goal, and President Abbas' apparent willingness to 
allow Hamas to participate without preconditions is disheartening.
  The United States has a longstanding policy of not dealing with or 
making concessions to terrorists. We do not negotiate, we do not trade 
with, and we do not fund terrorists. Therefore, there is no diplomacy 
to be had with terrorists, and the Palestinian Authority will be a 
terrorist government if Hamas candidates are elected.
  And what if members of terrorist organizations are elected? Should 
American taxpayers be forced to send foreign aid to the hands of these 
terrorists? Should we be giving them an opportunity to divert American 
foreign aid directly into the hands of terrorists who have pledged to 
kill innocent civilians? The answer is no.
  This resolution is a message to President Abbas. If the Palestinian 
Authority is determined to continue and allow Hamas to participate as 
planned, then this government will have to take a new look at our 
relationship with the Palestinian government.
  I urge my colleagues to support emerging democracies in the Middle 
East and to support this important resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Nevada (Ms. Berkley), a co-author of this resolution, my dear friend 
and distinguished colleague.
  Ms. BERKLEY. Mr. Speaker, I thank Mr. Lantos for his leadership on 
this and so many other issues.
  I rise tonight in strong support of H. Res. 575, a resolution that 
expresses the sense of the House that Hamas should not be permitted to 
participate in Palestinian elections, and I urge its immediate passage.
  I would also like to thank my colleagues who helped author this 
resolution and move it expeditiously to the floor: Mr. Cantor, Mr. 
Menendez, Ms. Ros-Lehtinen, Mr. McCaul, and Mr. Wexler.
  The goal of this resolution is to send a strong and unambiguous 
message to Abu Mazen that Hamas and the other terrorist groups should 
not be allowed to participate in the upcoming Palestinian elections. 
They should be prohibited from participating in the government and the 
Palestinian Authority should take affirmative steps to disarm and 
dismantle them. When Abu Mazen was elected, he pledged to root out 
terrorism and end corruption in the Palestinian Authority. To say he 
has not lived up to his pledge would be a decided understatement.
  I believe Yasser Arafat did a tremendous disservice to the 
Palestinian people; and I believe that if Abu Mazen does not step up 
soon, lead his people and do what he has promised to do, that he will 
also be doing a tremendous disservice to the Palestinian people.
  The very first step of the road map to peace is not only the 
denunciation of terrorism. That is the easy part. It is the dismantling 
and the disarming of the terrorist infrastructure and terrorist 
organizations. Abu Mazen has yet to take this essential first step.
  No one disputes that Hamas is a terrorist organization. It has 
conducted numerous suicide bombings inside Israel and is responsible 
for the death of countless innocent people. Hamas does not accept 
Israel's right to exist and has never accepted the peace process. They 
this week announced, I am sorry to say, they vowed to end the truce 
they negotiated with Israel and vowed it will end by the end of this 
year.
  Instead of striking out against Hamas and instead of stepping up to 
the plate and disarming the terrorists and dismantling their terrorist 
organizations, Abu Mazen's latest strategy is to try to co-opt them and 
bring the terrorist organization Hamas into his government. Allowing 
terrorist organizations to participate in the election process will not 
see them wake up the day after the election, embrace each other, sing 
Kumbaya and strive for peace and recognition of Israel. Instead, it 
will give them a dangerous foothold in the Palestinian Authority within 
which they can operate and further embolden those who support terrorism 
and the destruction of the State of Israel.
  Hamas' participation in the election can only continue a long-running 
cycle of violence and terror. It undercuts the ability of the 
Palestinian government to engage in true democratic reforms and further 
strengthens the enemies of Israel and those who oppose peace. Hamas and 
other terrorist groups should be banned from the upcoming elections and 
from any future role in government until and unless they recognize 
Israel's right to exist as a Jewish state, cease all forms of 
incitement and violence, condemn terrorism, and dismantle their 
terrorist infrastructures.
  Mr. McCAUL of Texas. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Virginia (Mr. Cantor).
  Mr. CANTOR. Mr. Speaker, I thank the gentleman from Texas for his 
leadership on this issue, as well as the leadership of the gentleman 
from Florida, the chairwoman of the Middle East Subcommittee. And I 
also want to recognize the continued leadership on so many issues of 
import that the gentleman from California (Mr. Lantos) has displayed. I 
also thank the cosponsor of the resolution, the gentleman from New 
Jersey (Mr. Menendez), as well as the gentlewoman from Nevada who just 
spoke, and Mr. Wexler.
  I believe that this bipartisan display of support here for H. Res. 
575 is no accident. It is an important resolution that demonstrates the 
unity of this House against what is going on currently in the 
Palestinian Authority vis-a-vis Hamas and other terrorist 
organizations.
  The Palestinian people will elect a new parliament on January 25, 
2006. But even before they choose their elected representatives, they 
must make another choice. That choice is whether to keep their 
allegiance with a terrorist past or to begin a new path towards peace.
  When he was elected president, Abu Mazen was presented with a 
historic opportunity to change the direction of the Palestinian 
Authority from one of terror that existed under Yasser Arafat to one of 
peace.
  But at every turn, he has refused to take the necessary steps to 
eliminate the terrorist infrastructure that results in the killing of 
so many innocent men, women and children on the streets of Israel. Now, 
with an election around the corner, rather than use all of the force he 
has at his disposal to get rid of the terrorists, Abu Mazen is giving 
Hamas and other terrorist groups legitimacy by allowing them to 
participate in the Palestinian elections.
  Mr. Abbas has an opportunity right now to make a genuine gesture for 
peace, ban Hamas and other terrorist groups once and for all from the 
electoral process in the Palestinian Authority.
  To understand the true nature of Hamas, one only needs to look at 
recent headlines. On Sunday, it was reported in the media that Hamas 
leaders and leaders from other terrorist groups met with Iran's foreign 
minister and in the resulting days escalated their terrorist attacks 
against Israel. Let us not forget that Iran's president recently called 
for Israel to be wiped off the map. Later he suggested that Israel be 
moved to Europe and called the Holocaust a myth.
  Let us not forget that Hamas is on the State Department's list of 
terrorist organizations. It has never recognized Israel's right to 
exist, and it has now displayed an alliance with murderers, thugs, and 
developers of weapons of mass destruction. The bottom line:

[[Page 28411]]

Hamas' entry into a Palestinian government would provide a veil of 
legitimacy to the terrorists.
  As President Bush has said so often to the nations of the world, you 
are either with us or you are against us. In the United States we do 
not tolerate the terrorists or those who support them. This standard 
should and does apply to the Palestinian Authority.
  It is an understatement to say there is nothing constructive that can 
come from Hamas' participation in Palestinian elections. In the 
strongest way possible, this Congress will speak out; and I urge my 
colleagues to insist that Hamas and other terrorists be banned from the 
Palestinian elections.
  Mr. LANTOS. Mr. Speaker, I am very pleased to yield 6 minutes to the 
gentleman from New Jersey (Mr. Menendez), the distinguished chairman of 
the Democratic Caucus, who will soon move over to the other body to 
continue his good works.
  Mr. MENENDEZ. Mr. Speaker, I thank my distinguished friend from 
California who I have had the privilege of serving with on the 
International Relations Committee.

                              {time}  2315

  Mr. Speaker, first I want to thank Mr. Cantor for his work on this 
resolution, my counterpart on it, and his efforts to bring the 
resolution to the floor. I also want to thank Mr. Lantos, Mr. McCaul, 
Ms. Ros-Lehtinen and Mr. Wexler, among all the others. There is an 
enormous number of bipartisan supporters of this resolution which 
speaks volumes, I think, about where the Congress stands.
  We are here today to send a clear message to the Palestinian 
Authority that terrorism and democracy do not mix. Today we are here to 
send a clear message to President Abbas and to Hamas before the 
Palestinian elections on January 25. If Hamas and other terrorist 
organizations participate in the upcoming legislative elections, 
without first disarming and renouncing terrorism and their goal of 
eliminating the State of Israel, they will undermine Palestinian 
democracy and the Palestinian Authority's relationship with the United 
States of America.
  As Mahatma Gandhi once said, ``The spirit of democracy cannot be 
established in the midst of terrorism, whether governmental or 
popular.''
  That is why we are simply asking the Palestinians to join democracies 
around the world in taking a stand against hatred and terrorism. In 
fact, the Palestinian Authority's own election law would disqualify 
groups like Hamas from participating. These groups, who espouse racism, 
terrorism, intolerance and hatred, have no place in democratic 
elections.
  When I met with President Abbas a few months ago, I made it clear to 
him that we hoped that he would deal with this issue before the 
elections. I gave him a letter signed by nearly 300 Members of the 
House of Representatives, which I wrote with Representative Pryce, from 
the House leadership and the International Relations Committee, urging 
him to take immediate action. Yet we have only to look at the recent 
suicide bombing in Netanya, which killed five people and wounded at 
least 30 others, to see that President Abbas has not taken the 
necessary steps to dismantle the terrorist organizations.
  And while President Abbas has taken some steps to quell incitement 
and has condemned terrorist attacks, I believe that his failure to 
fully confront Hamas will only hurt him in the future and will threaten 
Palestinian democracy.
  Let me be clear, I simply do not believe that Hamas should be given 
the ability to use democracy to carry out terrorism.
  President Abbas has asked Hamas to respect one authority, one law and 
one gun. But Hamas has refused to accept that policy. Hamas leaders 
have even vowed to turn the Palestinian Authority forces into a 
``resistance force'' against Israel.
  That is why I am deeply concerned that President Abbas is allowing 
Hamas to participate in elections. Perhaps he is hoping that, by buying 
time now, he will be able to disarm them later. But a policy of hoping 
will not work.
  Look at Hezbollah. Hezbollah, a terrorist group funded by Iran and 
waiting right across Israel's northern border, took part in elections 
in Lebanon. Now they are armed with political power, as well as guns, 
and they have used their seats in parliament to avoid disarming.
  I can think of no clearer example of the danger of a state run by 
those who support terrorism and espouse violence and anti-Semitism than 
the country of Iran. The Iranian president has spewed anti-Semitism and 
hatred in his calls for the destruction of the state of Israel and his 
denial of the Holocaust. Meanwhile, his government continues to defy 
the world with its dangerous nuclear programs.
  It is all too clear what President Abbas must do: He should take 
responsibility as leader of the Palestinian people and demonstrate that 
the Palestinian Authority can establish the rule of law. That is why we 
are urging Mr. Abbas to confront Hamas and fully dismantle the 
terrorist network. Otherwise, we risk more violence, more terror and 
more Israeli and Palestinian blood. We risk jeopardizing a nascent 
Palestinian democracy. We risk too much.
  Today this Congress needs to send a clear message to Hamas that you 
cannot manipulate democracy to carry out terrorism.
  Today this Congress sends a clear message to President Abbas that we 
support true democracy for the Palestinian people. Today this Congress 
needs to send a clear message to Israel that the United States will 
never waiver, and we will never falter in our support for our historic 
ally. We will never waiver nor falter in our support for Israeli 
democracy, and we will never waiver or falter in our fight against 
terrorism, anti-Semitism, hatred and violence.
  As we vote for this resolution, the United States is proud to stand 
with Israel and the Israeli people.
  Mr. LANTOS. Mr. Speaker I yield 2 minutes to the gentleman from Ohio 
(Mr. Kucinich).
  Mr. KUCINICH. Mr. Speaker, I want to join with my colleagues in 
standing up in support of the state of Israel and in demanding that the 
Palestinian Authority do everything it can to set aside all the 
statements made by people within its sphere that would call for the 
destruction of Israel. And they must take action to stop terrorists and 
their infrastructure.
  I would just like to respectfully suggest, however, that this 
resolution, as well intended as it is, has the potential to have an 
impact that would be contrary to what you are hoping for. Let me state 
how, that Congress passing this resolution could actually have a 
reverse effect in the streets of the Palestinian Authority and end up 
actually engendering more support for Hamas. I think that, as we are 
approaching the midnight hour and coming close to the 15th of December, 
the date when the elections are taking place in Iraq, it is kind of 
ironic that we are in this situation of, on one hand, encouraging the 
broadest participation in the Iraqi elections of people in some cases 
who have been shooting at our own soldiers and, on the other hand, 
saying that, in the Palestinian Authority, we are going to start to 
say, well, these groups cannot participate. No matter how much we 
object, and I do object, to their attacks on Israel; I would just again 
like to respectfully suggest that all of us who are here in support of 
a peaceful resolution of the conflict that is taking place in the 
Middle East, that maybe have a third way that we could proceed other 
than this resolution.

       Letter From Americans for Peace Now:
       Later today H. Res. 575 is scheduled to come to a vote on 
     the House floor. This resolution deals with the participation 
     of Hamas in the upcoming Palestinian parliamentary elections, 
     scheduled for January 25, 2006. Americans for Peace Now (APN) 
     rejects terror and has consistently called on President Abbas 
     and the Palestinian Authority to undertake meaningful, 
     sustained action to stop terrorists and destroy terrorist 
     infrastructure. APN agrees that the Palestinian Authority 
     must establish ``One Authority, One Law, and One Gun.''
       However, APN believes that this resolution misses the point 
     on both democracy and Hamas.
       APN urges Members, whether or not they vote for the 
     resolution, to speak out during

[[Page 28412]]

     the floor debate and to submit statements for the record 
     drawing attention to the problems with this resolution.
       Nobody (except the terrorists) is happy with the prospect 
     of Hamas and other terrorist organizations participating in 
     Palestinian elections. Likewise, few people are happy that 
     Hizballah is an active participant in Lebanon's political 
     process, including a longstanding presence in its parliament 
     and government. Likewise, few people are happy with the 
     participation of armed militias in elections in Iraq.
       In the cases of Lebanon and Iraq, however, the decision has 
     been to ``not allow the perfect to be the enemy of the 
     good.'' The goal of eradicating terror and consolidating 
     weapons in the hands of the legal government remains, but the 
     elections were applauded and the process of democratization 
     was not put on hold. Nobody argued that eradicating terror 
     and establishing ``one gun'' should, in these cases, be a 
     prerequisite for democratic elections, or threatened that if 
     it was not made a prerequisite, the U.S. relationship with 
     the resulting democratically elected body--and U.S. 
     assistance to its people--would suffer.
       President Abbas is trying to do in the territories what the 
     U.S. has encouraged the government to do in Iraq: absorb 
     militias into the official armed forces in order to make them 
     accountable to official command and control.
       Israel spent nearly three decades trying to defeat Hamas 
     through military means alone, and failed. Since coming to 
     power less than a year ago, President Abbas has made a very 
     public commitment to take on Hamas and other terrorist 
     organizations after elections--a strategy based on the 
     reasonable assertion that, backed by a democratically-elected 
     parliament, he will have the strength and credibility to move 
     forward with this difficult task. He should be held to this 
     commitment.
       The reduction of terror against Israeli citizens requires 
     the containment and eventual dismantling of militias, 
     including Hamas. Israeli General (Ret.) Ephraim Sneh, who 
     served as military governor of the West Bank and Deputy 
     Defense Minister of Israel, recently stated:

     ``Under current conditions in the Palestinian territories, 
     especially given the Palestinian government's weakness, 
     political containment should precede the dismantling of 
     Hamas's military infrastructure. The urgent objective is to 
     defeat it in the next parliamentary elections. Steps that 
     could strengthen it in the elections should be strictly 
     avoided. Attempts to postpone the elections yet again, or to 
     prevent Hamas's participation, or Israeli disruption of the 
     elections as `punishment' for the participation of Hamas, 
     will strengthen Hamas in the Palestinian street instead of 
     weakening it. The short time left before the elections must 
     be used to empower all who oppose Hamas, first and foremost 
     the supporters of the elected Palestinian president, Mahmoud 
     Abbas.'' (Washington Post, October 19, 2005)

       In the countdown to the elections, for the sake of 
     democracy and peace in the Middle East--vital components to 
     Israel's security--the focus should be on strengthening 
     Palestinian moderates, including President Abbas. Actions 
     that risk elevating the status of Hamas and other extremists 
     should be avoided.
       After the January 25th election, Israel, the Bush 
     Administration, and the international community--as well as 
     the Palestinian people--should hold President Abbas to his 
     commitment, and hold him accountable if he fails to take 
     action.

  Mr. LANTOS. Mr. Speaker, I have no additional requests for time, and 
I yield back the balance of my time.
  Mr. McCAUL of Texas. Mr. Speaker, I yield myself as much time as I 
may consume.
  In closing, I would submit that we all would like to see a peaceful 
resolution to this. There are many ways to build a democracy. We 
encourage statesmen to explore all of them and to find the one that 
will benefit their people the most. However, to allow terrorists and 
murderers to participate and allowing political parties who control 
armed militias to gain phony legitimacy through elections is not 
productive and will ultimately lead their country off the path to 
democracy. Furthermore, it will force us to reassess our relationship 
with the Palestinian Authority.
  I strongly urge President Abbas to heed this warning, and I strongly 
urge my colleagues to vote for this resolution.
  Mr. HIGGINS. Mr. Speaker, I rise today in support of H. Res. 575, a 
resolution that renews our commitment to the security of the State of 
Israel. Israel has long been a friend and ally to the United States. As 
our two nations enter the 21st century, we must continue to work 
together against violence and terrorism and in support of peace. A 
crucial part of the peace process is the emergence of a democratic 
Palestinian Government that denounces and combats terrorism, and 
respects the boundaries and sovereignty of all of its neighbors, 
including Israel.
  This cannot happen if Hamas participates in the January 25, 2006 
elections held by the Palestinian Authority, PA. H. Res. 575 would make 
it clear to PA President Abbas that Congress strongly disapproves of 
Hamas's inclusion in the elections and would have a difficult time 
working with the PA should Hamas delegates be elected.
  In December 2003, Israeli Prime Minister Ariel Sharon announced that 
Israel would unilaterally withdraw from the Gaza Strip; that evacuation 
was completed on August 23, 2005. Prime Minister Sharon has taken 
tremendous steps, and incurred great risk, to encourage peace through 
the disengagement plan.
  PA President Abbas, however, has not followed up on his role in 
disarming terrorist groups and helping to secure peace. Additionally, 
Hamas, a U.S. designated terrorist organization that calls for the 
destruction of Israel, wants to participate in Palestinian 
parliamentary elections. Hamas is directly responsible for over 200 
attacks in Israel and the killing of American citizens. Hamas 
participation in PA elections violates existing Israeli-Palestinian 
agreements and undermines internationally supported efforts to 
establish a stable, democratic and non-violent Palestinian state.
  There is wide international precedent for democratic countries to ban 
extremist and violent political parties from participating in elections 
until they have disavowed such views or renounced violence. Under the 
road map peace plan, backed by the quartet--the United States, Russia, 
the European Union and the United Nations--the PA is required to launch 
``sustained, targeted, and effective operations aimed at confronting 
all those engaged in terror'' and to begin the ``dismantlement of 
terrorist capabilities and infrastructure.'' Instead of taking such 
action, the PA has invited Hamas to participate in the elections with 
no requirement to disarm. This poses a direct threat to establishing a 
stable Palestinian state and a peaceful Middle East.
  Mr. Speaker, Secretary of State Condoleezza Rice has said ``Hamas is 
a terror organization and it has to be disbanded, both for the sake of 
peace and security in the Middle East and for the sake of the proper 
functioning of the Palestinian Authority.'' I oppose Hamas's 
participation in the upcoming election as it would legitimize a known 
terror network. The PA leadership needs to disarm and gain control of 
Hamas and other terror networks. A party running on a platform calling 
for Israel's destruction is innately an advocate of violence. Further, 
a party that would use force for political leverage is a threat to the 
democratic process. That is why, Mr. Speaker, I will vote in favor of 
H. Res. 575 today and I urge my colleagues to join me in this front of 
the war on terror.
  Mr. CARDIN. Mr. Speaker, I rise in support and as a cosponsor of H. 
Res. 575, which states that Hamas and other terrorist organizations 
should not participate in upcoming January 2006 legislative elections 
held by the Palestinian Authority. The aims and principles of Hamas, 
Palestinian Islamic Jihad, and other terrorist groups are incompatible 
with the democratic process. Hamas has continually called for the 
destruction of Israel by any means, and their involvement in elections 
puts the road map process for peace in the Middle East in jeopardy.
  The foundation of the peace process was based upon the Palestinian 
Authority's acknowledgment of Israel's right to exist as a sovereign 
nation and their duty to end terrorist attacks from Palestinian soil. 
The first stage of the road map process calls on the Palestinian 
Authority to disarm all terrorist groups and their infrastructure. I am 
extremely disappointed that Palestinian President Mahmoud Abbas has 
made such limited progress in dismantling the terrorist infrastructure 
in the Palestinian territories.
  The Palestinian Authority has the ability to dismantle terrorist 
groups, as their security forces dwarf the size of the Hamas militia by 
nearly 10 times. A recent survey indicates that the vast majority of 
the Palestinian people support an immediate end to all forms of 
violence. The Palestinian Authority has a unique opportunity under a 
new President to renounce all forms of terrorism, and move towards 
securing a lasting peace settlement in the Middle East.
  Just as the United States will not negotiate with terrorists, neither 
will Israel. Should members of Hamas become part of the Palestinian 
Government, the United States would have to reassess its financial 
assistance to, and its diplomatic relations with, the Palestinians.
  I welcome competitive elections in the Palestinian Authority. 
However, no functioning democracies permit terrorist organizations to 
participate in elections. Germany, Italy, Turkey

[[Page 28413]]

and many other nations all prohibit any terrorist groups from 
participating in elections. In Iraq and Afghanistan, members of the 
former Ba'ath Party and the Taliban must renounce any links or support 
for the former regimes. Egypt and Jordan do not support the existence 
of Hamas or other terrorist organizations. I call for President Abbas 
to dismantle the terrorist organizations in the Palestinian territories 
and to meet his obligations under the Israeli-Palestinian peace 
process.
  Mr. SHAYS. Mr. Speaker, I rise as a cosponsor and strong supporter of 
this resolution and urge its swift passage.
  Some will argue violence perpetrated by Hamas is only undertaken by 
the militant wing of the organization and that its political arm can 
otherwise be a legitimate player in Palestinian politics. I reject that 
argument. We have seen nations throughout recent history require 
organizations that formerly endorsed violence to formally renounce such 
tactics before participating in electoral politics. President Abbas 
should insist upon such action before allowing Hamas to participate in 
the upcoming legislative elections.
  Secretary Rice stated recently that participants in a democratic 
political process cannot simultaneously keep an option on politics and 
an option on violence. Unfortunately, that is the case we now see 
unfolding in the Palestinian territories.
  I support the establishment of a Palestinian state that can live side 
by side in peace and security with Israel and its other neighbors in 
the Middle East. How, though, will the United States be able to deal 
honestly and in good faith with a government composed of unrepentant 
members of an organization that advocates terror and the dissolution of 
our greatest ally in the Middle East--Israel? And perhaps more 
importantly, how will the Palestinian Government ever be able to 
negotiate with Israel?
  This is of profound concern to me because the United States should 
help the Palestinian Government get on its feet and should help it 
develop an infrastructure that well serves its people. Certainly the 
Israelis need a legitimate body with which they can negotiate. The 
bottom line is a Palestinian legislature with members representing 
Hamas is a weakened body that will be stymied by serious questions 
about its legitimacy.
  The peace process requires a sustained Palestinian effort to 
dismantle the terrorist infrastructure. President Abbas can take a bold 
stand by insisting Hamas cease incitement, condemn terrorism, and 
permanently disarm and dismantle their terrorist infrastructure before 
participating in the January elections.
  Mr. WEXLER. Mr. Speaker, I want to thank my colleagues for joining me 
in introducing this critical resolution, which states unequivocally 
that Hamas should not be permitted to participate in the upcoming 
Palestinian elections unless it disarms, renounces terrorism, ceases 
incitement and recognizes Israel's right to exist as a Jewish state.
  Since its establishment in 1987, Hamas has used terrorism as a means 
of achieving its primary political goal--that is, the destruction of 
Israel. Hamas has masterminded and carried-out numerous terrorist 
attacks, and are responsible for maiming thousands and killing hundreds 
of innocent Israelis in addition to 26 Americans.
  As we approach the Palestinian parliamentary election on January 25, 
Hamas has opted to participate--for the first time--in the political 
process. While this presents a unique opportunity for the Palestinian 
Authority to delineate red lines for political participation--including 
the denunciation of terror and disarming of militant groups--no 
preconditions have been set. Instead, the Palestinian Authority has sat 
by as Hamas continues to assert its right to run for the parliament as 
a means of promoting its unconscionable agenda of incitement and terror 
against Israel.
  The upcoming Palestinian election presents a critical test for 
President Mahmoud Abbas, who has, thus far, failed to dismantle 
terrorist organizations such as the Palestinian Islamic Jihad and 
Hamas. The recent suicide bombing in Netanya served as a painful 
reminder that Mr. Abbas's plan for ``one authority, one gun'' has yet 
to be realized, and this resolution is intended to send him a message 
that he must translate empty rhetoric into concrete action on the 
ground.
  The disarmament of Hamas and the true implementation of ``one 
authority, one gun'' is in the best interest of the Palestinian people, 
and the essential first step toward creating an atmosphere conducive to 
peace.
  Ms. LEE. Mr. Speaker, today, the House voted on H. Res. 575, a 
resolution stating that Hamas should not be permitted to participate in 
Palestinian elections. I voted ``no'' because this resolution is based 
on a faulty premise; that democracies should limit who participates in 
elections.
  First, I want to be clear: I unequivocally denounce and condemn any 
and all terrorist acts, whether committed by Hamas or any other 
terrorist group. I believe that the United States should do everything 
within its power to strengthen President Abbas's ability to establish 
and ensure respect for the rule of law, to demand that all individuals 
renounce violence, and to successfully disarm all militant groups.
  Participation of Hamas in elections and integration of Hamas into 
mainstream Palestinian politics is a risky strategy. However, demanding 
that President Abbas exclude Hamas from participation--and threatening 
consequences if he does not meet this demand--also involves risks, 
including undermining the nascent Palestinian democracy and sparking 
more bloodshed and possibly even civil war.
  There is no question that Hamas can and must be disarmed. However, I 
do not believe the best way to achieve this is necessarily through 
ultimatums. I believe that the administration and Congress should be 
working with President Abbas to strengthen his authority, bolster 
moderates, and ensure that his own strategy for taking on militants--
from Hamas and from other parties, including his own Fatah--succeeds. 
Our shared vision is for a stable and democratic Palestinian state 
where views are expressed through legitimate political channels rather 
than violence--a state where there is, as President Abbas has 
repeatedly stated, one authority and one gun. Our goal must be to find 
ways to make this happen.
  As the former military governor of the West Bank and Israeli Deputy 
Defense Minister, Ephraim Sneh, wrote in the Washington Post on October 
19, 2005: ``Attempts to postpone the elections yet again, or to prevent 
Hamas's participation, or Israeli disruption of the elections as 
`punishment' for the participation of Hamas, will strengthen Hamas in 
the Palestinian street instead of weakening it. The short time left 
before the elections must be used to empower all who oppose Hamas, 
first and foremost the supporters of the elected Palestinian president, 
Mahmoud Abbas.''
  Mr. Speaker, I am committed to doing all we can to support the 
fragile peace in the Mideast. Sabre-rattling resolutions like this are 
only counterproductive.
  Mr. DINGELL. Mr. Speaker, I rise in opposition to H. Res. 575, 
expressing the sense of Congress that Hamas should not participate in 
elections held by the Palestinian Authority.
  Now, many of my colleagues might suggest that my opposition to this 
non-binding resolution means that I stand with the terrorists. I would 
argue that it means exactly the opposite.
  You see, Mr. Speaker, like many of my colleagues, I want to see peace 
between the Israelis and the Palestinians. I want a free and democratic 
Palestinian state to stand side by side with the free and democratic 
Israeli state. And most importantly, I want both states and their 
peoples to be safe and secure.
  For the first time, the Palestinians are engaging in a truly 
democratic process. I would defer to Palestinian Authority President 
Mahmoud Abbas and the Palestinian people on how to do this. Mr. 
Speaker, I have to be honest with you, I do not want foreign leaders 
telling the United States how to conduct our elections and I think we 
owe President Abbas and the Palestinian people the same courtesy.
  In fact, this is one of the rare occasions that I actually agree with 
the Bush Administration. On September 20th, Secretary of State 
Condoleezza Rice said in response to a question regarding Hamas being a 
part of the election, ``. . . we understand that the Palestinian 
political system is in transition, that it is in transition toward a 
democratic system, and that has to be a Palestinian process.'' 
Secretary Rice went on to say, ``This is going to be a Palestinian 
process and I think we have to give the Palestinians some room for the 
evolution of their political system.''
  We need to vest Hamas in the democratic process.
  I want to be clear, Mr. Speaker, terrorism is wrong and it should not 
be tolerated.
  However, if Hamas is brought into the process and given the 
opportunity to run for political office and become part of the 
political establishment, they will assume responsibility for 
governance--leading to moderation.
  I would submit for the Record a statement by Debra DeLee, President 
and CEO of Americans for Peace Now. Ms. DeLee nicely lays out the 
position that Palestinian Authority President Abbas is in and why it is 
important for the elections to go forward in a way that is inclusive in 
order to moderate those who traditionally turned to terrorism.
  Mr. Speaker, I find myself in the interesting position of voting 
against this resolution and agreeing with Secretary Rice: the United 
States must let the Palestinians find their way to a democratic state.


[[Page 28414]]



                       The Sharonization of Hamas

                            (By Debra DeLee)

       Israeli Prime Minister Ariel Sharon's recent statement that 
     he would withhold Israeli cooperation from Palestinian 
     legislative elections in January if Hamas candidates take 
     part flies in the face of his own experience with the 
     moderating influence that holding public responsibility can 
     have on extremist views. In explaining his 180 degree turn 
     from being a strong advocate of Israeli settlements in Gaza 
     to the driving force behind their evacuation, Sharon has 
     repeatedly observed that, ``what you see from here [in the 
     Prime Minister's Office], you don't see from there.'' In 
     other words, it was not until he obtained a position of 
     ultimate responsibility for Israel that Sharon began to 
     recognize the burden that the Gaza settlements imposed on the 
     state.
       There is no equivalence between the horrific terrorist acts 
     that Hamas has inflicted on Israelis and Sharon's passion for 
     settlement expansion.
       Yet it's clear that Palestinian President Mahmoud Abbas is 
     trying to rein in his Islamist opposition through the process 
     of Sharonization (i.e., co-opting the militants by 
     encouraging them to run for public office and to assume 
     responsibility for governance, in the hope that this process 
     will lead to their moderation. )
       In an ideal world, Abbas would decide to round up 
     Palestinian terrorists, place a call to his Interior 
     Minister, then sit back to watch the thugs put in prison or 
     die in attempting to evade arrest. But we do not live in an 
     ideal world. While Abbas deplores terrorism, he wants to 
     avoid a Palestinian civil war. And even if he was willing to 
     launch one, with Abbas already struggling to control events 
     on the ground, it's doubtful that the troops at his disposal 
     would win.
       Further, if defeating Palestinian terrorists with force 
     alone was so easy, Israel would have done it long ago. 
     Israel's military might has been vigorously applied to the 
     occupied territories for nearly 40 years. It's chalked up 
     some impressive tactical victories. But it has not succeeded 
     in drying out the swamp of terror. Hamas and its fellow 
     travelers are still around, which is why Sharon is busy 
     encouraging Abbas to fight them.
       Abbas deserves a chance to see if his way will work better, 
     with the caveat that he must be prepared after the 
     Palestinian legislative elections to forcefully confront 
     those individuals who continue to engage in terror. It is in 
     Israel's interest to see that Abbas is fortified with 
     development aid and encouraged to carry out internal reforms, 
     as well as to ensure that the Palestinian security forces 
     loyal to him are strengthened in order for him to be able to 
     carry out this task.
       It is also in Israel's interest to ensure that these 
     upcoming elections go as smoothly as possible. With its 
     departure from Gaza, Israel will not be able to impede the 
     contests in that region. But it could decide--as Sharon has 
     said--to make it impossible for Palestinian voters in East 
     Jerusalem to cast ballots or for candidates, campaign 
     workers, and voters to move from town to town in the West 
     Bank. If such Israeli impediments are put in place, they 
     would delegitimize any victory that secular nationalist 
     candidates might achieve over Hamas candidates, thereby 
     strengthening the hand of the very terrorists that Israel 
     seeks to weaken. They would also shatter the calm that 
     allowed Israel to withdraw quietly from Gaza.
       If the Bush Administration has been less than enthusiastic 
     about Sharon's views of the Palestinian elections, it's 
     because the White House has been pursuing the Sharonization 
     of militants operating in areas under American control. 
     Kurdish and Shiite militias have not been forced to disband 
     in Iraq, yet that hasn't stopped representatives of those 
     groups from running in elections and winning top positions in 
     the current government. If the U.S. demanded that the armed 
     supporters of these candidates lay down their weapons before 
     their leaders could assume power, it must have done so in a 
     whisper.
       Hamas candidates did well in two earlier rounds of 
     municipal elections. Lo and behold, they have found it 
     necessary to work with Israelis at the local level in order 
     to deal with mundane issues like sewage and water. And their 
     Israeli counterparts have been willing to talk to them. This 
     kind of practical contact is a long way from having 
     terrorists beat their spears into pruning hooks, but perhaps 
     it points to a way forward.
       The Bush Administration should encourage Sharon to let 
     Abbas see if he can duplicate this process at the national 
     level of Palestinian politics. If It succeeds, Israel will be 
     more secure, and Palestinian society will be more stable. If 
     it fails, Israel will still have ample military strength upon 
     which it can rely.

  Mr. GARRETT of New Jersey. Mr. Speaker; I rise in strong support of 
today's commonsense resolution condemning the participation of 
terrorist organizations in the Palestinian elections. It is 
disappointing that Congress even needs to make this statement, yet time 
and time again, history has proven it is necessary.
  The Middle East peace process requires that the Palestinian Authority 
recognize the right of Israel to exist and that it reject the terrorism 
and violence that have plagued the region since the 1940s. It stands to 
reason that this requirement can only be met if the very organizations 
which threaten peace in the Middle East, such as Hamas and Islamic 
Jihad, are removed from the official political process.
  As it is, these organizations currently operate with little 
interference or admonition from the Palestinian Authority. Were they to 
become a part of the governing authority, the integrity of the 
Palestinian government would be compromised. Clearly, the Authority 
cannot condemn the anti-Israel and anti-American bias of the same 
groups of which it is comprised.
  Mr. Speaker, I encourage my colleagues to reaffirm their support for 
our strong ally, Israel, and to support this resolution.
  Mr. McCAUL of Texas. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentlewoman from Florida (Ms. Ros-Lehtinen) that the 
House suspend the rules and agree to the resolution, H. Res. 575, as 
amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. McCAUL of Texas. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




  RECOGNIZING THE IMPORTANCE AND CREDIBILITY OF AN INDEPENDENT IRAQI 
                               JUDICIARY

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 534) recognizing the importance and 
credibility of an independent Iraqi judiciary in the formation of a new 
and democratic Iraq.
  The Clerk read as follows:

                              H. Res. 534

       Whereas the United States is supportive of a sovereign 
     governing body in Iraq, including the current government as 
     well as future duly elected governments and appointed 
     officials;
       Whereas Iraq, as do all sovereign nations, has the duty and 
     responsibility to indict, prosecute, and punish criminals 
     within its jurisdiction;
       Whereas the Iraqi Special Tribunal holds the sovereign 
     power to prosecute criminals;
       Whereas certain accused individuals have allegedly 
     committed egregious crimes against humanity, genocide, and 
     war crimes;
       Whereas the people of a free and democratic Iraq deserve 
     justice for the horrific crimes inflicted upon them; and
       Whereas the Iraqi Special Tribunal is empaneled to bring 
     swift and impartial justice for the people, victims, and the 
     nation of Iraq: Now, therefore, be it
       Resolved, That the House of Representatives fully supports 
     an independent Iraqi judiciary and its efforts to serve the 
     cause of justice in a free and democratic Iraq.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, an independent judiciary is one of the hallmarks of good 
government and is an essential check on the power of judicial and 
legislative branches of the modern state. Indeed, a requirement for 
evenhanded justice is an element of natural law and is called for in 
the Bible and the Koran which require equal justice for the poor and 
the rich.
  In the case of Iraq, it would have been simple for a kangaroo court 
of some sort to have convened, held a trial of such obvious violators 
as Saddam Hussein and then had them shot

[[Page 28415]]

immediately. This has been the case in some uprisings, both in the 
Middle East and elsewhere, such as when Romania's regime fell. This is 
not the path that the Iraqis have chosen, and we should honor them for 
this choice. The trial of Saddam as it is being carried out stands in 
sharp contrast to the actions of the Hussein regime against its 
dissenters who were usually executed after some paperwork was completed 
but where there was no semblance of a fair trial.
  The resolution before us expresses our support for an independent 
Iraqi judiciary. This judiciary may disappoint from time to time. That 
is the nature of independent judges, to make unpopular decisions based 
strictly on law. Adherence to the rule of law and the existence of an 
independent Iraqi judiciary will be a critical component to the 
consolidation of Iraqi sovereignty and democratic governance, and I 
appreciate the efforts of the gentleman from Texas (Mr. Burgess), the 
author of this resolution, who traveled to Iraq, met with the Iraqi 
judges and came away so deeply impressed that he decided to put forward 
this resolution tonight.
  I also thank the chairman and the ranking member of the Committee on 
International Relations, who expedited its consideration on the floor, 
and to the House leadership for including it among the matters 
scheduled this week as we move to the end of the House session.
  Mr. Speaker, with that, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this resolution.
  Mr. Speaker, as we meet today, Iraq has begun to conduct a historic 
election that will select a national government for the next four 
years. Under the Iraqi Constitution approved this past October, the 
government that emerges from these important elections will have 
tremendous responsibilities. It must fill in the many blanks left in 
the Constitution regarding a new social compact for the Iraqi people 
and the sharing of oil revenues among all ethnic groups.
  The creation of a truly independent judiciary is one of the greatest 
and most important challenges that will face the new Iraqi government.
  Mr. Speaker, as we all know, a political settlement that would create 
a stake by all ethnic groups in a unified, peaceful Iraq has to date 
eluded the major political factions in Iraq. In fact, Iraqi society is 
facing a convulsion of violent sectarian conflict and suffering from 
acts of desperate terrorism.
  While the elections now underway may lead to a consolidation of the 
political gains that were made in October, the establishment of an 
independent judiciary is a critical precondition for preserving those 
gains.
  Without an independent judiciary that all members of Iraqi society 
believe will adjudicate disputes fairly, there can be no real peace in 
Iraq.
  Without an independent judiciary that stands up to the rest of the 
national government and defends the new constitution, there can be no 
real new social compact in Iraq.
  And without an independent judiciary that respects the religious 
differences among its people, there can be no real trust of that 
compact.
  Mr. Speaker, as we speak, the nascent Iraqi judiciary is trying 
Saddam Hussein for the horrors of his regime. Based upon his dramatic 
court appearances, Saddam is clearly living under the delusion that he 
can orchestrate a triumphal return by manipulating the court for his 
own political ends.
  This effort will fail and we will see Saddam Hussein for what he is--
a mass murderer guilty of crimes against humanity who never should have 
been accorded respect by anyone in the international community.
  Let us hope that a successful prosecution of Saddam Hussein with all 
reasonable procedural protections will help launch the independent 
judiciary for which this resolution calls.
  Mr. Speaker, I urge my colleagues to support this important 
resolution.
  Mr. Speaker, I have no additional speakers, and I yield back the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 6 minutes to the gentleman 
from Texas (Mr. Burgess), the original sponsor of the resolution.
  Mr. BURGESS. Mr. Speaker, I thank the gentlewoman from Florida for 
helping us move this legislation expeditiously. Of course, I thank 
Chairman Hyde for his role in that. I thank the gentleman from 
California as well.
  Two years ago yesterday, December 13, 2003, Saddam Hussein was 
captured and his tortured reign was finally and officially and 
completely at an end.
  While that was a significant turning point in this war, we all knew 
the path to a free and democratic Iraq would not be easy. Yet after 
years of oppression and torture, the Iraqi people are growing closer to 
having a nation ruled by their people instead of a nation ruled by 
fear.
  Earlier this year, the passage of the Iraqi constitution marked a 
significant milestone in the recovery of the sovereign nation of Iraq. 
In excess of 60 percent of the people of Iraq braved the terrorists, 
braved the threats of violence to be able to cast their vote.
  Indeed, at 9 a.m. Eastern Standard Time tomorrow morning, the polls 
will close in Iraq and the Iraqi people will have reached another 
historic milestone. Iraqi men and women worldwide are going to the 
polls in droves to be able to democratically elect the nation's first 
permanent constitutional parliament in decades.

                              {time}  2330

  While there will still be hurdles for the Iraqi people to overcome 
today, we celebrate with our friends as they continue to take 
courageous steps in becoming their own sovereign nation.
  Mr. Speaker, a free and democratic Iraq will equal a safer world. And 
for the safety of our own Nation, I firmly believe that we must 
continue to support the sovereign endeavors of the Iraqi people and 
this developing nation. Tonight I rise to speak about an important 
House resolution, H. Res. 534, that enables this body to boldly support 
the governing efforts in Iraq.
  We are all well aware of the current trial of Saddam Hussein; and 
while this trial is important, a strong, independent Iraqi judicial 
system is of even greater importance.
  A crucial component to a free and democratic nation is its judicial 
system in which alleged criminals can be indicted; prosecuted; if 
convicted, punished in a fair and impartial manner. As Members of 
Congress, we have an obligation to uphold and support this principle 
especially in a land that has been inflicted with egregious crimes 
against humanity.
  The Iraqi Special Tribunal has been impaneled to bring swift and 
impartial justice to both the victims and the nation of Iraq, and I 
call on my colleagues to support H. Res. 534, which recognizes the 
importance and credibility of an independent Iraqi judiciary.
  The people of Iraq, the people of a sovereign nation, deserve true 
justice, which can only be obtained through a recognized and credible 
judicial system. The judges, the lawyers involved face daily peril for 
their courageous stand. And we have an opportunity to stand firmly with 
the Iraqi people and support the ongoing trials and efforts of the 
Iraqi Special Tribunal.
  Mr. Speaker, I have had the opportunity, the privilege, to travel to 
Iraq four times during the past 2 years. During every mission, I have 
been able to witness firsthand the progress that is being made by our 
troops on the ground and by the Iraqi Government. Mr. Speaker, I have a 
picture, a picture from my last trip to Iraq in August of this year, 
and I want to point out this was a picture, Mr. Speaker, that I took 
flying over in a Blackhawk helicopter. These helicopters are menacing 
vehicles. They travel low. They travel fast. They have guns sticking 
out the side. I stuck my camera out the window to take a picture, and 
mostly I wanted to take a picture of the satellite antennae that were 
on the rooftops. Of course, satellite television was prohibited under 
Saddam's regime, and, in fact, a year in prison was the punishment, as 
I understand. I took a picture because there were satellite antennae on 
a lot of the rooftops.
  But as I looked at this picture when I got home, I noticed that there 
were two figures on the rooftop. So I blew this picture up 
considerably. And, Mr. Speaker, as we look at this, we can see two 
apparently children standing on the rooftop. The larger child, who 
appears to be a girl, is waving; and a

[[Page 28416]]

smaller, more inquisitive child, which I think is a boy, is sort of 
leaning over and looking at this impressive Blackhawk helicopter going 
over.
  And the girl is waving. She has an expression of absolute joy of 
seeing the helicopter flying over her city. And why would this be? Why 
would she be happy about seeing a menacing Blackhawk helicopter with 
guns sticking out the side flying over her city? Well, Mr. Speaker, I 
submit the reason for her joy is the small boy at her side. The small 
boy at her side is the reason for her joy because this child knows that 
3 years ago, 3 years ago, there is probably a crawl space in this house 
somewhere where this small boy could be hidden if Saddam's 
conscriptionists came down the street trying to find people for his 
army. And that is the reason for her joy. That is the reason why this 
country should rejoice about what we have been able to do for the 
people of this long-suffering nation.
  Mr. Speaker, significant progress is being made, and it is imperative 
that they have our continued support. And today, tonight, we can 
continue to help provide that support through H. Res. 534.
  Throughout our efforts in providing continued support to Iraq, I 
would be remiss if I did not mention the determination, the skill of 
our Armed Forces and their resolution in continuing their mission in 
Iraq. It is due to the bravery and the perseverance of the U.S. 
military members and their coalition allies that the tyranny of Saddam 
is over, over forever. I applaud our troops and our leadership for 
their success.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield 5 minutes to the gentleman 
from Iowa (Mr. King).
  Mr. KING of Iowa. Mr. Speaker, I thank the gentlewoman for yielding 
me this time, and I particularly thank the gentleman from Texas for 
bringing and offering this resolution.
  I am going to include my prepared remarks, Mr. Speaker, because my 
remarks that are here reflect the remarks that have been made by the 
other Members here on this floor, and I wish to associate myself with 
those remarks, and I appreciate the gentleman from California's support 
as well for this resolution.
  And I would rather speak a little bit from the heart, then, about 
some of the things that I saw there having traveled over to Iraq a 
number of times and this last time with Mr. Burgess from Texas. And I 
saw some of that perspective from the Blackhawk as well. And as we flew 
into Baghdad, that was not a rare circumstance. It was not a unique 
circumstance. In fact, I saw numbers of children running out into the 
streets in twos and threes and waving. It did not happen in every 
block, but it happened in a number of the blocks that we saw as we came 
in.
  Not only have I seen that in Baghdad but I have seen that also in 
Mosul. I have seen it in Kirkuk, and I have seen it also in Fallujah, 
Mr. Speaker. And that endorsement of American power and influence and 
liberation and coalition power influence and liberation, that comes 
from the people. And I have watched those Blackhawk helicopters scatter 
their livestock, and the herdsman and women come out and wave with 
great joy to see that influence that has provided their freedom.
  And an essential component of freedom is to have an independent 
judiciary. And I asked for a meeting with the Iraqi Special Tribunal 
because I wanted to get a measure of the men that would be sitting in 
judgment of Saddam Hussein and the other alleged perpetrators of the 
crimes against humanity that we know took place in Iraq over the last 
couple of decades. As we sat in that very hot room and looked across 
that table and I gazed into the eyes of these men, there was a deep 
conviction, a significant amount of courage, a tremendous amount of 
patriotism that is there. They know that their lives are on the line. 
Since that time from about August 18, I believe that date was, we have 
seen this unfold to where we know that there have been already two 
attorneys that have been killed in the process of this trial.
  I stand here on the floor of the United States Congress, Mr. Speaker, 
standing in support and in solidarity of a free and independent 
judiciary for everyone in this world, but particularly those in Iraq 
where it will become the second place on the globe where an Arab can 
get a fair trial, second to Israel.
  And where they sit in judgment now of those alleged perpetrators of 
war crimes, we need to stand with them. We need to send a message 
across that says free and independent judiciary, rule of law are 
essential to freedom, and they have got to be independent of the 
politics that rule also in Iraq. The old Baathist Party, the people 
that are looking to try to bring leverage for one political reason or 
another, we have to hold them separate from that and encourage them to 
stand on that rule of law, which they quoted to me on that hot day in 
that building in Baghdad back last August.
  So I am proud this Congress stands with them, Mr. Speaker, and I 
appreciate the opportunity to present my argument in support of this 
resolution before this Congress.
  Mr. Speaker, I commend my colleague from Texas for bringing this 
legislation forward. As you may know, Iraq's march towards democracy 
has not been easy. They are just now emerging from 24 years of 
oppression and cruel torture under the rule of Saddam Hussein. Now 
thanks to the hard work and sacrifice of American and coalition forces, 
Saddam has been captured. Ironically, he is now receiving the benefits 
of the fair judicial process he denied to so many.
  Last night, I spoke to this House about benchmarks in the progress of 
the new country. In less than three years, Iraq has gone from a nation 
suffering under a ruthless dictator to one with a new constitution and 
only hours away from a democratically elected government. As I have 
heard from numerous American soldiers in and returning from Iraq, every 
day the nation is relying less and less on coalition forces for 
support. At the same time, Iraq is becoming increasingly more capable 
of providing independent government services.
  Mr. Speaker, America stands as a beacon for freedom and justice in 
the world. And the promising nation of Iraq is now demonstrating 
similar compassion and commitment to the rule of law. As such, the 
nation's unbiased judiciary is playing a critical role in its 
development as a democracy.
  Of course, there are those who would like to see Iraq resist freedom 
and return to brutal dictatorship. The terrorists know that the 
formation of a strong judiciary threatens their efforts. In turn, some 
of these terrorists wreak violence against those working to dispense 
justice in Iraq. The judges and other members of the Iraqi judiciary 
who carry on in spite of the terrorists' best efforts are incredibly 
courageous and need to be recognized for their bravery. Despite threats 
to their personal safety, members of the Iraqi judiciary remain 
dedicated to their convictions and continue working toward a better 
nation for all.
  This resolution sends a significant message, recognizing the 
importance and credibility of an unbiased Iraqi judiciary for a new and 
democratic Iraq. I am a co-sponsor of this legislation which will 
encourage our friends abroad who are working so hard to secure a free 
and democratic Iraq. I urge your support of this important resolution.
  Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentlewoman from Florida (Ms. Ros-Lehtinen) that the 
House suspend the rules and agree to the resolution, H. Res. 534.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. KING of Iowa. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________




CONDEMNING ACTIONS BY SYRIA REGARDING THE ASSASSINATION OF FORMER PRIME 
                          MINISTER OF LEBANON

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 598) condemning actions by the Government of 
Syria that have hindered the investigation of

[[Page 28417]]

the assassination of former Prime Minister of Lebanon Rafik Hariri 
conducted by the United Nations International Independent Investigation 
Commission (UNIIIC), expressing support for extending the UNIIIC's 
investigative mandate, and stating concern about similar assassination 
attempts apparently aimed at destabilizing Lebanon's security and 
undermining Lebanon's sovereignty, as amended.
  The Clerk read as follows:

                              H. Res. 598

       Whereas on September 2, 2004, United Nations Security 
     Council Resolution 1559 was adopted by the Security Council 
     to address Syria's continued interference in Lebanese 
     politics, reaffirming strict respect for Lebanon's 
     sovereignty, and stipulating the withdrawal of all non-
     Lebanese forces from Lebanon and the disbanding and 
     disarmament of all Lebanese and non-Lebanese militias;
       Whereas on February 14, 2005, former Prime Minister of 
     Lebanon Rafik Hariri and 22 others were killed in a terrorist 
     bombing orchestrated by unidentified assailants;
       Whereas on April 7, 2005, the United Nations Security 
     Council adopted Resolution 1595, under which the Security 
     Council decided to ``establish an international independent 
     investigation Commission [the UNIIIC] based in Lebanon to 
     assist the Lebanese authorities in their investigation of all 
     aspects of this terrorist act, including to help identify its 
     perpetrators, sponsors, organizers and accomplices'';
       Whereas on October 19, 2005, the first report of the United 
     Nations International Independent Investigation Commission 
     (UNIIIC), headed by former German prosecutor Detlev Mehlis, 
     found ``there is converging evidence pointing at both 
     Lebanese and Syrian involvement in this terrorist act'';
       Whereas the October 19, 2005, report also asserted that 
     ``[g]iven the infiltration of Lebanese institutions and 
     society by the Syrian and Lebanese intelligence services 
     working in tandem, it would be difficult to envisage a 
     scenario whereby such a complex assassination plot could have 
     been carried out without their knowledge'';
       Whereas on October 31, 2005, the United Nations Security 
     Council adopted Resolution 1636, which expressed extreme 
     concern that ``Syrian authorities have cooperated in form but 
     not in substance'' with the UNIIIC, that ``several Syrian 
     officials tried to mislead the investigation by giving false 
     or inaccurate statements'' and that ``Syria's continued lack 
     of cooperation with the inquiry would constitute a serious 
     violation of its obligations'';
       Whereas on December 12, 2005, the second report of the 
     UNIIIC noted that ``steady progress'' has been made in the 
     Lebanese portion of the investigation that ``remains to be 
     matched'' in the Syrian portion of the investigation and 
     recommended an extension of the UNIIIC's investigative 
     mandate by a ``minimum period of six months'' since 
     substantive lines of enquiry are far from being completed and 
     ``given the slow pace with which the Syrian authorities are 
     beginning to discharge their commitments to the [Security] 
     Council'';
       Whereas Syria's actions to hinder the UNIIIC's 
     investigative efforts include credible reports of the arrest 
     and threatening of close relatives of at least one crucial 
     witness, delay caused by procedural maneuvering, and the 
     report of two witnesses that all Syrian intelligence 
     documents concerning Lebanon have been burned;
       Whereas since the assassination of Rafik Hariri, 
     intimidation of the press in Lebanon has increased and a 
     series of attacks and explosions in Lebanon have occurred, 
     targeting political leaders and journalists who have 
     advocated Lebanese sovereignty, including Samir Qassir, May 
     Chidiac, and most recently on December 12, 2005, the 
     assassination of Gebran Tueni, a Member of the Lebanese 
     Parliament and the general manager of the Lebanese daily an-
     Nahar, which has been a vital editorial voice opposing Syrian 
     political control and influence in Lebanon; and
       Whereas Secretary of State Condoleeza Rice on December 12, 
     2005, expressed outrage at the assassination of Gebran Tueni 
     and stated: ``Syrian interference in Lebanon continues, and 
     it must end completely. The United States will work with its 
     partners on the Security Council and in the region to see 
     that Security Council Resolutions 1595 and 1636 are fully 
     implemented.'': Now, therefore, be it
       Resolved,  That the House of Representatives--
       (1) condemns the Government of Syria for hindering and 
     failing to cooperate fully in a timely and substantive manner 
     with the investigation of the assassination of former Prime 
     Minister of Lebanon Rafik Hariri conducted by the United 
     Nations International Independent Investigation Commission 
     (UNIIIC);
       (2) expresses support for extending the investigative 
     mandate of the UNIIIC for at a minimum an additional six-
     month period as recommended by the UNIIIC in order to fully 
     ascertain the responsibility for the assassination of former 
     Prime Minister of Lebanon Rafik Hariri;
       (3) states its concern that insecurity in Lebanon could 
     have a destabilizing effect on the region and harm the 
     ability of the people of Lebanon to strengthen democracy and 
     economic prosperity in their country;
       (4) expresses its gratitude to--
       (A) chief investigator Detlev Mehlis and the UNIIIC for 
     their continuing efforts to uncover evidence related to the 
     assassination of Rafik Hariri; and
       (B) those who have freely assisted the UNIIIC in its 
     investigation;
       (5) demands that Syria commit itself to expeditiously 
     fulfill all obligations to cooperate with the UNIIIC and to 
     meet all obligations of United Nations Security Council 
     Resolutions 1559, 1595, and 1636;
       (6) encourages the United States Permanent Representative 
     to the United Nations to use the voice, vote, and influence 
     of the United States in the United Nations Security Council 
     to advocate for the application of punitive measures against 
     Syria that target its leadership--including the enactment of 
     punitive sanctions against Syria under Chapter VII of the 
     Charter of the United Nations--if Syria further fails to 
     cooperate fully with the ongoing UNIIIC investigation and 
     continues to violate Security Council Resolutions 1559, 1595, 
     and 1636;
       (7) urges the Government of the United States to support 
     the extension of the jurisdiction of the UNIIIC to cover 
     assassinations and assassination attempts in Lebanon since 
     October 1, 2004; and
       (8) urges the President to implement further measures 
     against the Syrian leadership in accordance with the 
     requirements in the Syria Accountability and Lebanese 
     Sovereignty Restoration Act of 2003 (Public Law 108-175), 
     particularly if Syria further fails to cooperate fully with 
     the ongoing UNIIIC investigation and continues to violate 
     Security Council Resolutions 1559, 1595, and 1636.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I rise in support of House Resolution 598, which 
seeks to condemn the actions by the government of Syria that have 
hindered the investigation into the assassination of former Prime 
Minister Hariri, investigations led by Mr. Mehlis.
  Since the attempted assassination of Marwan Hamadeh in October 2004, 
Lebanon has suffered a series of attacks and assassinations that have 
targeted political leaders and journalists who have been critical of 
Syria. The assassination of former Prime Minister Hariri on February 
14, 2005, prompted the passage of United Nations Security Council 
Resolution 1595, which established an international independent 
investigation commission based in Lebanon to assist the Lebanese 
Government in finding those responsible for that terrorist attack.
  The first report of that commission was delivered on October 19, 
2005, and its findings point to Lebanese and Syrian involvement in the 
assassination of Prime Minister Hariri. The report states: ``Given the 
infiltration of Lebanese institutions and society by the Syrian and 
Lebanese intelligence services working in tandem, it would be difficult 
to see a scenario whereby such a complex assassination plot could have 
been carried out without their knowledge.''
  Furthermore, the commission reported on difficulties it was 
encountering with regard to the cooperation being extended by the 
Syrian authorities. United Nations Security Council Resolution 1636 
extended the mandate of the commission and addressed the urgency of 
Syria to cooperate with the investigation.
  On December 12, 2005, the second report of the commission was 
delivered. It presented the progress of the investigation, reinforced 
preliminary findings of Lebanese and Syrian cooperation in the 
assassination of Prime Minister Hariri, and outlined progress with 
regard to the form and content of Syrian cooperation with the 
commission.

[[Page 28418]]

  That same day, a member of parliament, who was also the publisher of 
a leading Lebanese newspaper known for its opposition to Syria's 
political control and influence in Lebanon, was savagely murdered in a 
car bomb.
  After the assassination of his colleague on June 2, 2005, the 
parliamentarian and the publisher said the following: ``The Lebanese 
security authorities and the remnants of the Syrian system in Lebanon, 
and directly the Syrian regime from top to bottom, is responsible for 
every crime and every drop of blood spilled.''
  As this resolution notes, Mr. Speaker, there has been a concerted 
effort to undermine Lebanon's security and sovereignty by targeting 
opinion leaders. The perpetrators of these evil attacks are attempting 
to silence Lebanon's most profound thinkers and voices of public 
opinion. The assassination of these two leaders and the attempted 
assassination of another one earlier this year indicate that Lebanon's 
press and freedom of expression are themselves targeted through the 
elimination of their leading figures.
  However, the people of Lebanon see through these cowardly and 
unjustified acts, and they will not be intimidated. The people of the 
United States of America stand with the people of Lebanon in their time 
of sorrow and support their demands to see international investigations 
into all the unjustified attacks since October 1, 2004.

                              {time}  2345

  The United States Government should do all that we can to win the 
support of the international community and to ensure that the 
international investigation into the assassination of Prime Minister 
Hariri is extended so that justice can be served.
  I support this resolution and its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I rise in strong support of this resolution, 
and yield myself such time as I might consume.
  Mr. Speaker, at the outset, I want to commend my friend and fellow 
Californian, Mr. Issa, for preparing a significant, important and well-
crafted piece of legislation.
  Mr. Speaker, Syrian brazenness knows no bounds. With his press 
conference and report to the U.N. Security Council this week, Detlev 
Mehlis has made clear that Syrian interference with his investigation 
into the assassination of former Lebanese Prime Minister Rafiq Hariri 
has only increased.
  We now know for certain what we previously only suspected, that Syria 
has ignored Security Council warnings and persisted in obstructing 
Mehlis's investigation, using delaying tactics, destroying documents, 
withholding witnesses and pressuring key individuals involved in these 
matters by threatening their families, all quite sickening, Mr. 
Speaker.
  But on Monday, Syria appears to have reached a new height of cynicism 
and treachery. The murder of Gebran Tueni, a parliamentarian and the 
publisher of the most respected Lebanese daily, an-Nahar, was a 
devastating response to Mehlis's report on the eve of its release. Of 
course, Mr. Speaker, Syria denies involvement in the assassination, 
but, like so many hit jobs before it, including the one on Hariri, it 
has all the hallmarks of a product ``made in Damascus.''
  Tueni is the latest of several courageous leaders to be the object of 
a murderous Syrian attack. All of these victims have had one thing in 
common: A strong commitment to Lebanese independence and sovereignty 
and the powerful opposition to Syria's control of Lebanon.
  Tueni is a special case. His newspaper emerged in recent years as the 
leading journalistic opponent to the Syrian occupation, and he is the 
second journalist of that newspaper to be killed in the past 6 months. 
The former occupiers bided their time, but they got their revenge just 
a few short months after Tueni prophetically and tragically told the 
world in August that he was on the top of Syria's list of those marked 
for assassination.
  I would ask, Mr. Speaker, for a moment of silence from this body for 
Mr. Tueni and all the others, including Prime Minister Hariri, who have 
lost their lives this year in Syria's murderous and shadowy war on 
Lebanese patriots. If my colleagues would join me in a moment of 
silence for these Lebanese heroes who gave their lives for their 
country's independence.
  Thank you.
  On October 31, the U.N. Security Council passed Resolution 1636 which 
warned that ``Syria's continued lack of cooperation with the U.N. 
inquiry would constitute a serious violation of its obligations.''
  Mr. Speaker, in my view, the clock has now run out on Syria. With its 
arrogant disregard for human life and all international norms, Damascus 
has now put the ball squarely in our court. I suggest that we respond, 
and do so forcefully.
  I fully support this resolution's call for the administration to use 
its influence in the Security Council to seek punitive measures against 
the Syrian leadership and to utilize all the tools made available in 
the Syria Accountability and Lebanese Sovereignty Restoration Act to 
convince the Assad regime in Damascus that its behavior carries a heavy 
price. We cannot let the cruel regime in Damascus escape unscathed. Its 
crimes in Lebanon are but one dimension of Syrian transgressions 
against all standards of decency.
  We could go on at length citing Syria's support for terrorists, 
including the Iraqi terrorists, and its internal repression of all 
peaceful dissent and its more than 2,000 political prisoners, including 
most recently the arrest last month of Dr. Kamal al-Labwani following 
his visit here as a guest of our Department of State's International 
Visitors Program.
  Mr. Speaker, I would be remiss were I not to make one additional 
observation: International pressure on Syria to withdraw from Lebanon 
began in a serious way in September 2004 with the passage of U.N. 
Security Council Resolution 1559, but that resolution not only called 
for Syrian withdrawal, it also called for the disarming and disbanding 
of Hezbollah and all other Lebanese militias. That latter point has 
been woefully neglected by the international community, as well as by 
the Lebanese government, which has even seen fit to include a Hezbollah 
representative in its cabinet. Now I fear international, and Lebanese, 
neglect is coming home to roost.
  The shadowy figures who are carrying out Syria's instructions to 
murder Lebanese patriots may or may not be Hezbollah operatives. But I 
do know that as long as Hezbollah remains armed, there will be 
thousands of killers available to carry out the Syrian regime's evil 
whims, thousands of jihadist killers who are loyal to Syria and care 
not a whit for Lebanese unity or Lebanese independence.
  Mr. Speaker, I strongly support this resolution, which sends a 
powerful message to the Assad regime. I urge all of my colleagues to do 
likewise.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from California (Mr. Issa), the author of this resolution.
  Mr. ISSA. Mr. Speaker, I would like to thank Madam Chairman for the 
time, but also as the subcommittee chairwoman, you were instrumental in 
our ability to be able to bring this legislation to the floor quickly.
  Mr. Lantos particularly not only aided in bringing this to the floor, 
but, Mr. Speaker, this was a piece of legislation that was drafted and 
then aid was given on a bipartisan basis to make it a better, more 
comprehensive piece of legislation, and I am grateful for that.
  Mr. Speaker, it is a difficult task to keep coming to the well and 
asking for Congress to help in a war of words, a war of diplomacy that 
now wages in Lebanon and in Syria, but it is a better war to fight than 
a war with tanks and blood. What we are doing here with this resolution 
is we are saying to Syria that we want to avoid war; we are saying to 
Lebanon that we want to avoid war; but with the help of the French, the 
Germans, the United Nations, the entire world, we will in fact

[[Page 28419]]

see that the murderers of Rafiq Hariri are brought to justice. But, 
more importantly, I think we send the message that diplomacy is in fact 
an alternative to war, but it is not an alternative to war forever.
  President Bush should be commended for the years of work that first 
Secretary Powell and now Secretary Rice have done in order to try to 
convince and cajole Syria to come in to the world of nations, to 
abandon its occupation of Lebanon, which it did not do without global 
pressure, and further to come clean about its support for Hezbollah, to 
certainly come clean for its support of various groups that have 
committed at least 12 separate bombings in Lebanon.
  I do not believe that Syria will hear this. I believe I am here 
tonight speaking, Mr. Speaker, to the American people and to the rest 
of the world in saying that, yes, we are using diplomacy to anyone who 
would possibly hear it. We are doing it with the United Nations, we are 
doing it in concert with every nation, every nation that rejects 
terrorism we are doing it with. But I think it is very clear that on a 
bipartisan basis, the House of Representatives in voting for this 
resolution is making it clear that we stand together against the kinds 
of activities that it is clear Syria has been implicated with.
  I have met with Bashar Assad. I met with him in 2001 and 2002 and 
2003 and 2004. My hope was that he would embrace the West. He had been 
educated in the West, he had all that it would take to understand the 
benefits that would come from that, and he said he wanted them.
  But at the same time I met with Prime Minister Rafiq Hariri, both 
here in the United States on his many trips and in Lebanon, and you 
could see how he was unable to enjoy the fruits of a democracy and a 
people that were able to bring an economy, even under adverse 
conditions, to more than twice the GDP of the region, and certainly far 
greater than Syria has ever had. In fact, Prime Minister Hariri had a 
model for Syria, but Syria would not follow it, and ultimately that 
schism between the two cultures led to people who were adverse to what 
Prime Minister Hariri stood for killing him.
  Today we do want to bring them to justice, but today, Mr. Speaker, it 
is very clear that we are using diplomacy. The Bush administration and 
this Congress is using diplomacy as an alternative to war, but as 
someone who recognizes that today, in President Bush's speech at about 
11 o'clock today, he talked about there being one democracy in the Arab 
world.
  Mr. Speaker, I do not normally correct the President, but there are 
two democracies in the Arab world. Clearly Lebanon is a democracy, with 
a long history of being a democracy. Mr. Speaker, it will not be a 
functional democracy, it will not be a democracy that people like our 
President will speak of in those terms, until the outside forces that 
have dominated their very ability to exercise that democracy are pushed 
out, by diplomacy, if possible, by greater measures of the UN and the 
rest of the world if necessary.
  Mr. Speaker, I call for all of my fellow Members to vote for this 
resolution and to stand tall in support of Lebanon's attempt to be a 
real democracy in the Arab world.
  Ms. ROS-LEHTINEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. LANTOS. Mr. Speaker, I am pleased to yield 1 minute to my friend 
the gentleman from Ohio (Mr. Kucinich).

                              {time}  0000

  Mr. KUCINICH. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, I would just like to say briefly that I think that our 
Nation would be much more persuasive in our attempts to try to change 
the behavior within Syria if we also acknowledged that there are the 
news reports about a covert war in Iraq that has expanded in recent 
months to Syria, and that bombing has been taking place along the 
Syrian border.
  I think it is going to be kind of difficult for us to engage Syria in 
discussions when they may be getting indications that we are attacking 
their country.

                  [From the New Yorker, Dec. 12, 2005]

               Annals of National Security, Up in the Air


                   Where is the Iraq war headed next?

                         (By Seymour M. Hersh)

       In recent weeks, there has been widespread speculation that 
     President George W. Bush, confronted by diminishing approval 
     ratings and dissent within his own party, will begin pulling 
     American troops out of Iraq next year. The Administration's 
     best-case scenario is that the parliamentary election 
     scheduled for December 15th will produce a coalition 
     government that will join the Administration in calling for a 
     withdrawal to begin in the spring. By then, the White House 
     hopes, the new government will be capable of handling the 
     insurgency. In a speech on November 19th, Bush repeated the 
     latest Administration catchphrase: ``As Iraqis stand up, we 
     will stand down.'' He added, ``When our commanders on the 
     ground tell me that Iraqi forces can defend their freedom, 
     our troops will come home with the honor they have earned.'' 
     One sign of the political pressure on the Administration to 
     prepare for a withdrawal came last week, when Secretary of 
     State Condoleezza Rice told Fox News that the current level 
     of American troops would not have to be maintained ``for very 
     much longer,'' because the Iraqis were getting better at 
     fighting the insurgency.
       A high-level Pentagon war planner told me, however, that he 
     has seen scant indication that the President would authorize 
     a significant pullout of American troops if he believed that 
     it would impede the war against the insurgency. There are 
     several proposals currently under review by the White House 
     and the Pentagon; the most ambitious calls for American 
     combat forces to be reduced from a hundred and fifty-five 
     thousand troops to fewer than eighty thousand by next fall, 
     with all American forces officially designated ``combat'' to 
     be pulled out of the area by the summer of 2008. In terms of 
     implementation, the planner said, ``the drawdown plans that 
     I'm familiar with are condition-based, event-driven, and not 
     in a specific time frame''--that is, they depend on the 
     ability of a new Iraqi government to defeat the insurgency. 
     (A Pentagon spokesman said that the Administration had not 
     made any decisions and had ``no plan to leave, only a plan to 
     complete the mission.'')
       A key element of the drawdown plans, not mentioned in the 
     President's public statements, is that the departing American 
     troops will be replaced by American airpower. Quick, deadly 
     strikes by U.S. warplanes are seen as a way to improve 
     dramatically the combat capability of even the weakest Iraqi 
     combat units. The danger, military experts have told me, is 
     that, while the number of American casualties would decrease 
     as ground troops are withdrawn, the over-all level of 
     violence and the number of Iraqi fatalities would increase 
     unless there are stringent controls over who bombs what.
       ``We're not planning to diminish the war,'' Patrick 
     Clawson, the deputy director of the Washington Institute for 
     Near East Policy, told me. Clawson's views often mirror the 
     thinking of the men and women around Vice-President Dick 
     Cheney and Defense Secretary Donald Rumsfeld. ``We just want 
     to change the mix of the forces doing the fighting--Iraqi 
     infantry with American support and greater use of airpower. 
     The rule now is to commit Iraqi forces into combat only in 
     places where they are sure to win. The pace of commitment, 
     and withdrawal, depends on their success in the 
     battlefield.''
       He continued, ``We want to draw down our forces, but the 
     President is prepared to tough this one out. There is a very 
     deep feeling on his part that the issue of Iraq was settled 
     by the American people at the polling places in 2004.'' The 
     war against the insurgency ``may end up being a nasty and 
     murderous civil war in Iraq, but we and our allies would 
     still win,'' he said. ``As long as the Kurds and the Shiites 
     stay on our side, we're set to go. There's no sense that the 
     world is caving in. We're in the middle of a seven-year slog 
     in Iraq, and eighty percent of the Iraqis are receptive to 
     our message.''
       One Pentagon adviser told me, ``There are always 
     contingency plans, but why withdraw and take a chance? I 
     don't think the President will go for it''--until the 
     insurgency is broken. ``He's not going to back off. This is 
     bigger than domestic politics.''
       Current and former military and intelligence officials have 
     told me that the President remains convinced that it is his 
     personal mission to bring democracy to Iraq, and that he is 
     impervious to political pressure, even from fellow 
     Republicans. They also say that he disparages any information 
     that conflicts with his view of how the war is proceeding.
       Bush's closest advisers have long been aware of the 
     religious nature of his policy commitments. In recent 
     interviews, one former senior official, who served in Bush's 
     first term, spoke extensively about the connection between 
     the President's religious faith and his view of the war in 
     Iraq. After the September 11, 2001, terrorist attacks, the 
     former official said, he was told that Bush felt that ``God 
     put me here'' to deal with the

[[Page 28420]]

     war on terror. The President's belief was fortified by the 
     Republican sweep in the 2002 congressional elections; Bush 
     saw the victory as a purposeful message from God that ``he's 
     the man,'' the former official said. Publicly, Bush depicted 
     his reelection as a referendum on the war; privately, he 
     spoke of it as another manifestation of divine purpose.
       The former senior official said that after the election he 
     made a lengthy inspection visit to Iraq and reported his 
     findings to Bush in the White House: ``I said to the 
     President, `We're not winning the war.' And he asked, `Are we 
     losing?' I said, `Not yet.'' The President, he said, 
     ``appeared displeased'' with that answer.
       ``I tried to tell him,'' the former senior official said. 
     ``And he couldn't hear it.''
       There are grave concerns within the military about the 
     capability of the U.S. Army to sustain two or three more 
     years of combat in Iraq. Michael O'Hanlon, a specialist on 
     military issues at the Brookings Institution, told me, ``The 
     people in the institutional Army feel they don't have the 
     luxury of deciding troop levels, or even participating in the 
     debate. They're planning on staying the course until 2009. I 
     can't believe the Army thinks that it will happen, because 
     there's no sustained drive to increase the size of the 
     regular Army.'' O'Hanlon noted that ``if the President 
     decides to stay the present course in Iraq some troops would 
     be compelled to serve fourth and fifth tours of combat by 
     2007 and 2008, which could have serious consequences for 
     morale and competency levels.''
       Many of the military's most senior generals are deeply 
     frustrated, but they say nothing in public, because they 
     don't want to jeopardize their careers. The Administration 
     has ``so terrified the generals that they know they won't go 
     public,'' a former defense official said. A retired senior 
     C.I.A. officer with knowledge of Iraq told me that one of his 
     colleagues recently participated in a congressional tour 
     there. The legislators were repeatedly told, in meetings with 
     enlisted men, junior officers, and generals that ``things 
     were fucked up.'' But in a subsequent teleconference with 
     Rumsfeld, he said, the generals kept those criticisms to 
     themselves.
       One person with whom the Pentagon's top commanders have 
     shared their private views for decades is Representative John 
     Murtha, of Pennsylvania, the senior Democrat on the House 
     Defense Appropriations Subcommittee. The President and his 
     key aides were enraged when, on November 17th, Murtha gave a 
     speech in the House calling for a withdrawal of troops within 
     six months. The speech was filled with devastating 
     information. For example, Murtha reported that the number of 
     attacks in Iraq has increased from a hundred and fifty a week 
     to more than seven hundred a week in the past year. He said 
     that an estimated fifty thousand American soldiers will 
     suffer ``from what I call battle fatigue'' in the war, and he 
     said that the Americans were seen as ``the common enemy'' in 
     Iraq. He also took issue with one of the White House's 
     claims--that foreign fighters were playing the major role in 
     the insurgency. Murtha said that American soldiers ``haven't 
     captured any in this latest activity''--the continuing battle 
     in western Anbar province, near the border with Syria. ``So 
     this idea that they're coming in from outside, we still think 
     there's only seven per cent.''
       Murtha's call for a speedy American pullout only seemed to 
     strengthen the White House's resolve. Administration 
     officials ``are beyond angry at him, because he is a serious 
     threat to their policy--both on substance and politically,'' 
     the former defense official said. Speaking at the Osan Air 
     Force base, in South Korea, two days after Murtha's speech, 
     Bush said, ``The terrorists regard Iraq as the central front 
     in their war against humanity. . . . If they're not stopped, 
     the terrorists will be able to advance their agenda to 
     develop weapons of mass destruction, to destroy Israel, to 
     intimidate Europe, and to break our will and blackmail our 
     government into isolation. I'm going to make you this 
     commitment: this is not going to happen on my watch.''
       ``The President is more determined than ever to stay the 
     course,'' the former defense official said. ``He doesn't feel 
     any pain. Bush is a believer in the adage `People may suffer 
     and die, but the Church advances.' ``He said that the 
     President had become more detached, leaving more issues to 
     Karl Rove and Vice President Cheney. ``They keep him in the 
     gray world of religious idealism, where he wants to be 
     anyway,'' the former defense official said. Bush's public 
     appearances, for example, are generally scheduled in front of 
     friendly audiences, most often at military bases. Four 
     decades ago, President Lyndon Johnson, who was also 
     confronted with an increasingly unpopular war, was limited to 
     similar public forums. ``Johnson knew he was a prisoner in 
     the White House,'' the former official said, ``but Bush has 
     no idea.''
       Within the military, the prospect of using airpower as a 
     substitute for American troops on the ground has caused great 
     unease. For one thing, Air Force commanders, in particular, 
     have deep-seated objections to the possibility that Iraqis 
     eventually will be responsible for target selection. ``Will 
     the Iraqis call in air strikes in order to snuff rivals, or 
     other warlords, or to snuff members of your own sect and 
     blame someone else?'' another senior military planner now on 
     assignment in the Pentagon asked. ``Will some Iraqis be 
     targeting on behalf of Al Qaeda, or the insurgency, or the 
     Iranians?''
       ``It's a serious business,'' retired Air Force General 
     Charles Homer, who was in charge of allied bombing during the 
     1991 Gulf War, said. ``The Air Force has always had concerns 
     about people ordering air strikes who are not Air Force 
     forward air controllers. We need people on active duty to 
     think it out, and they will. There has to be training to be 
     sure that somebody is not trying to get even with somebody 
     else.'' (Asked for a comment, the Pentagon spokesman said 
     there were plans in place for such training. He also noted 
     that Iraq had no offensive airpower of its own, and thus 
     would have to rely on the United States for some time.)
       The American air war inside Iraq today is perhaps the most 
     significant--and underreported--aspect of the fight against 
     the insurgency. The military authorities in Baghdad and 
     Washington do not provide the press with a daily accounting 
     of missions that Air Force, Navy, and Marine units fly or of 
     the tonnage they drop, as was routinely done during the 
     Vietnam War. One insight into the scope of the bombing in 
     Iraq was supplied by the Marine Corps during the height of 
     the siege of Falluja in the fall of 2004. ``With a massive 
     Marine air and ground offensive under way,'' a Marine press 
     release said, ``Marine close air support continues to put 
     high-tech steel on target. . . . Flying missions day and 
     night for weeks, the fixed wing aircraft of the 3rd Marine 
     Aircraft Wing are ensuring battlefield success on the front 
     line.'' Since the beginning of the war, the press release 
     said, the 3rd Marine Aircraft Wing alone had dropped more 
     than five hundred thousand tons of ordnance. ``This number is 
     likely to be much higher by the end of operations,'' Major 
     Mike Sexton said. In the battle for the city, more than seven 
     hundred Americans were killed or wounded; U.S. officials did 
     not release estimates of civilian dead, but press reports at 
     the time told of women and children killed in the 
     bombardments.
       In recent months, the tempo of American bombing seems to 
     have increased. Most of the targets appear to be in the 
     hostile, predominantly Sunni provinces that surround Baghdad 
     and along the Syrian border. As yet, neither Congress nor the 
     public has engaged in a significant discussion or debate 
     about the air war.
       The insurgency operates mainly in crowded urban areas, and 
     Air Force warplanes rely on sophisticated, laser-guided bombs 
     to avoid civilian casualties. These bombs home in on targets 
     that must be ``painted,'' or illuminated, by laser beams 
     directed by ground units. ``The pilot doesn't identify the 
     target as seen in the pre-brief''--the instructions provided 
     before takeoff--a former high-level intelligence official 
     told me. ``The guy with the laser is the targeteer. Not the 
     pilot. Often you get a `hotread'''--from a military unit on 
     the ground--``and you drop your bombs with no communication 
     with the guys on the ground. You don't want to break radio 
     silence. The people on the ground are calling in targets that 
     the pilots can't verify.'' He added, ``And we're going to 
     turn this process over to the Iraqis?''
       The second senior military planner told me that there are 
     essentially two types of targeting now being used in Iraq: a 
     deliberate siteselection process that works out of 
     airoperations centers in the region, and ``adaptive 
     targeting''--supportive bombing by prepositioned or loitering 
     warplanes that are suddenly alerted to firefights or targets 
     of opportunity by military units on the ground. ``The bulk of 
     what we do today is adaptive,'' the officer said, ``and it's 
     divorced from any operational air planning. Airpower can be 
     used as a tool of internal political coercion, and my 
     attitude is that I can't imagine that we will give that power 
     to the Iraqis.''
       This military planner added that even today, with Americans 
     doing the targeting, ``there is no sense of an air campaign, 
     or a strategic vision. We are just whacking targets--it's a 
     reversion to the Stone Age. There's no operational art. 
     That's what happens when you give targeting to the Army--they 
     hit what the local commander wants to hit.''
       One senior Pentagon consultant I spoke to said he was 
     optimistic that ``American air will immediately make the 
     Iraqi Army that much better.'' But he acknowledged that he, 
     too, had concerns about Iraqi targeting. ``We have the most 
     expensive eyes in the sky right now,'' the consultant said. 
     ``But a lot of Iraqis want to settle old scores. Who is going 
     to have authority to call in air strikes? There's got to be a 
     behavior-based rule.''
       General John Jumper, who retired last month after serving 
     four years as the Air Force chief of staff, was ``in favor of 
     certification of those Iraqis who will be allowed to call in 
     strikes,'' the Pentagon consultant told me. ``I don't know if 
     it will be approved. The regular Army generals were resisting 
     it to the last breath, despite the fact that they would 
     benefit the most from it.''
       A Pentagon consultant with close ties to the officials in 
     the Vice-President's office

[[Page 28421]]

     and the Pentagon who advocated the war said that the Iraqi 
     penchant for targeting tribal and personal enemies with 
     artillery and mortar fire had created ``impatience and 
     resentment'' inside the military. He believed that the Air 
     Force's problems with Iraqi targeting might be addressed by 
     the formation of U.S.-Iraqi transition teams, whose American 
     members would be drawn largely from Special Forces troops. 
     This consultant said that there were plans to integrate 
     between two hundred and three hundred Special Forces members 
     into Iraqi units, which was seen as a compromise aimed at 
     meeting the Air Force's demand to vet Iraqis who were 
     involved in targeting. But in practice, the consultant added, 
     it meant that ``the Special Ops people will soon allow Iraqis 
     to begin calling in the targets.''
       Robert Pape, a political-science professor at the 
     University of Chicago, who has written widely on American 
     airpower, and who taught for three years at the Air Force's 
     School of Advanced Airpower Studies, in Alabama, predicted 
     that the air war ``will get very ugly'' if targeting is 
     turned over to the Iraqis. This would be especially true, he 
     said, if the Iraqis continued to operate as the U.S. Army and 
     Marines have done--plowing through Sunni strongholds on 
     search-and-destroy missions. ``If we encourage the Iraqis to 
     clear and hold their own areas, and use airpower to stop the 
     insurgents from penetrating the cleared areas, it could be 
     useful,'' Pape said. ``The risk is that we will encourage the 
     Iraqis to do search-and-destroy, and they would be less 
     judicious about using airpower--and the violence would go up. 
     More civilians will be killed, which means more insurgents 
     will be created.''
       Even American bombing on behalf of an improved, well-
     trained Iraqi Army would not necessarily be any more 
     successful against the insurgency. ``It's not going to 
     work,'' said Andrew Brookes, the former director of airpower 
     studies at the Royal Air Force's advanced staff college, who 
     is now at the International Institute for Strategic Studies, 
     in London. ``Can you put a lid on the insurgency with 
     bombing?'' Brookes said. ``No. You can concentrate in one 
     area, but the guys will spring up in another town.'' The 
     inevitable reliance on Iraqi ground troops' targeting would 
     also create conflicts. ``I don't see your guys dancing to the 
     tune of someone else,'' Brookes said. He added that he and 
     many other experts ``don't believe that airpower is a 
     solution to the problems inside Iraq at all. Replacing boots 
     on the ground with airpower didn't work in Vietnam, did it?''
       The Air Force's worries have been subordinated, so far, to 
     the political needs of the White House. The Administration's 
     immediate political goal after the December elections is to 
     show that the day-to-day conduct of the war can be turned 
     over to the newly trained and equipped Iraqi military. It has 
     already planned heavily scripted change-of-command 
     ceremonies, complete with the lowering of American flags at 
     bases and the raising of Iraqi ones.
       Some officials in the State Department, the C.I.A., and 
     British Prime Minister Tony Blair's government have settled 
     on their candidate of choice for the December elections--Iyad 
     Allawi, the secular Shiite who served until this spring as 
     Iraq's interim Prime Minister. They believe that Allawi can 
     gather enough votes in the election to emerge, after a round 
     of political bargaining, as Prime Minister. A former senior 
     British adviser told me that Blair was convinced that Allawi 
     ``is the best hope.'' The fear is that a government dominated 
     by religious Shiites, many of whom are close to Iran, would 
     give Iran greater political and military influence inside 
     Iraq. Allawi could counter Iran's influence; also, he would 
     be far more supportive and cooperative if the Bush 
     Administration began a drawdown of American combat forces in 
     the coming year.
       Blair has assigned a small team of operatives to provide 
     political help to Allawi, the former adviser told me. He also 
     said that there was talk late this fall, with American 
     concurrence, of urging Ahmad Chalabi, a secular Shiite, to 
     join forces in a coalition with Allawi during the post-
     election negotiations to form a government. Chalabi, who is 
     notorious for his role in promoting flawed intelligence on 
     weapons of mass destruction before the war, is now a deputy 
     Prime Minister. He and Allawi were bitter rivals while in 
     exile.
       A senior United Nations diplomat told me that he was 
     puzzled by the high American and British hopes for Allawi. 
     ``I know a lot of people want Allawi, but I think he's been a 
     terrific disappointment,'' the diplomat said. ``He doesn't 
     seem to be building a strong alliance, and at the moment it 
     doesn't look like he will do very well in the election.''
       The second Pentagon consultant told me, ``If Allawi becomes 
     Prime Minister, we can say, 'There's a moderate, urban, 
     educated leader now in power who does not want to deprive 
     women of their rights.' He would ask us to leave, but he 
     would allow us to keep Special Forces operations inside 
     Iraq--to keep an American presence the right way. Mission 
     accomplished. A coup for Bush.''
       A former high-level intelligence official cautioned that it 
     was probably ``too late'' for any American withdrawal plan to 
     work without further bloodshed. The constitution approved by 
     Iraqi voters in October ``will be interpreted by the Kurds 
     and the Shiites to proceed with their plans for autonomy,'' 
     he said. ``The Sunnis will continue to believe that if they 
     can get rid of the Americans they can still win. And there 
     still is no credible way to establish security for American 
     troops.''
       The fear is that a precipitous U.S. withdrawal would 
     inevitably trigger a Sunni-Shiite civil war. In many areas, 
     that war has, in a sense, already begun, and the United 
     States military is being drawn into the sectarian violence. 
     An American Army officer who took part in the assault on Tal 
     Afar, in the north of Iraq, earlier this fall, said that an 
     American infantry brigade was placed in the position of 
     providing a cordon of security around the besieged city for 
     Iraqi forces, most of them Shiites, who were ``rounding up 
     any Sunnis on the basis of whatever a Shiite said to them.'' 
     The officer went on, ``They were killing Sunnis on behalf of 
     the Shiites,'' with the active participation of a militia 
     unit led by a retired American Special Forces soldier. 
     ``People like me have gotten so downhearted,'' the officer 
     added.
       Meanwhile, as the debate over troop reductions continues, 
     the covert war in Iraq has expanded in recent months to 
     Syria. A composite American Special Forces team, known as an 
     S.M.U., for ``special-mission unit,'' has been ordered, under 
     stringent cover, to target suspected supporters of the Iraqi 
     insurgency across the border. (The Pentagon had no comment.) 
     ``It's a powder keg,'' the Pentagon consultant said of the 
     tactic. ``But, if we hit an insurgent network in Iraq without 
     hitting the guys in Syria who are part of it, the guys in 
     Syria would get away. When you're fighting an insurgency, you 
     have to strike everywhere-and at once.''
  Mr. WEXLER. Mr. Speaker, I want to thank Mr. Issa and Mr. Lantos for 
joining me in introducing this critical resolution, which condemns 
Syrian efforts to hinder the investigation into the assassination of 
former Lebanese Prime Minister Hariri, expresses support for extending 
the mandate of the investigative commission, and supports punitive 
sanctions against Syria if it continues to fail to comply with the 
ongoing investigation.
  On February 14, 2005, former Lebanese Prime Minister Rafik Hariri was 
assassinated in a vicious terrorist attack in Beirut, Lebanon that 
killed 22 and injured more than 100. In response, the U.N. Security 
Council passed Resolution 1595, establishing an international 
commission to investigate this attack and demanding the full compliance 
of all U.N. member states with the investigation.
  This commission--led by German prosecutor Detlev Mehlis--released its 
initial findings in a report that implicated senior Syrian officials in 
the Hariri assassination. This past week, a second report was released 
that exposed Syrian efforts to impede and obstruct the investigation, 
including misleading the commission, providing falsified accounts and 
threatening those involved in the investigation. At this juncture, we 
must hold the Syrian regime accountable for their actions and demand 
Syrian compliance with the ongoing investigation.
  Since the assassination of Prime Minister Hariri, targeted 
assassinations aimed at intimidating Lebanese opponents of Syria have 
continued unabated. Just this past week, a prominent and well-respected 
journalist was killed in a car-bombing in Beirut. Make no mistake; this 
was a clear attempt to limit freedom of the press in Lebanon on the 
part of the Syrian regime.
  This resolution does just that. It supports the findings of the 
Mehlis report, condemns the Syrian Government for its apparent 
involvement in the assassination of former Prime Minister Hariri and 
others, and demands Syrian compliance. It also supports U.S.-led 
efforts to hold Syria accountable for its role in the Hariri 
assassination under Chapter 7 of the U.N. Charter, which leaves the 
door open for sanctions.
  As the U.N. considers the grave and far-reaching implications of the 
Mehlis report, I strongly support critical and timely resolution.
  Mr. LANTOS. Mr. Speaker, we have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Reichert). The question is on the motion 
offered by the gentlewoman from Florida (Ms. Ros-Lehtinen) that the 
House suspend the rules and agree to the resolution, H. Res. 598, as 
amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

[[Page 28422]]



                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess subject to the call of the Chair.
  Accordingly (at 12 o'clock and 2 minutes a.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  0815
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Sessions) at 8 o'clock and 15 minutes a.m.

                          ____________________




 REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 4437, BORDER 
 PROTECTION, ANTITERRORISM, AND ILLEGAL IMMIGRATION CONTROL ACT OF 2005

  Mr. GINGREY, from the Committee on Rules, submitted a privileged 
report (Rept. No. 109-347) on the resolution (H. Res. 610) providing 
for consideration of the bill (H.R. 4437) to amend the Immigration and 
Nationality Act to strengthen enforcement of the immigration laws, to 
enhance border security, and for other purposes, which was referred to 
the House Calendar and ordered to be printed.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mrs. Jo Ann Davis of Virginia (at the request of Mr. Blunt) for 
December 16 and 17 on account of a medical treatment.
  Mr. Mario Diaz-Balart of Florida (at the request of Mr. Blunt) for 
today on account of family reasons.
  Mr. Hyde (at the request of Mr. Blunt) for today on account of 
illness in the family.
  Mr. Poe (at the request of Mr. Blunt) for today on account of 
business in his district.

                          ____________________




                         SENATE BILLS REFERRED

  Bills of the Senate of the following titles were taken from the 
Speaker's table and, under the rule, referred as follows:

       S. 449. An act to facilitate shareholder consideration of 
     proposals to make Settlement Common Stock under the Alaska 
     Native Claims Settlement Act available to missed enrollees, 
     eligible elders, and eligible persons born after December 18, 
     1971, and for other purposes; to the Committee on Resources.
       S. 1231. An act to amend the Indian Self-Determination and 
     Education Assistance Act to modify provisions relating to the 
     National Fund for Excellence in American Indian Education; to 
     the Committee on Education and the Workforce; in addition to 
     the Committee on Resources for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.

                          ____________________




                      SENATE ENROLLED BILL SIGNED

  The SPEAKER announced his signature to an enrolled bill of the Senate 
of the following title:

       S. 1047. An act to require the Secretary of the Treasury to 
     mint coins in commemoration of each of the Nation's past 
     Presidents and their spouses, respectively, to improve 
     circulation of the $1 coin, to create a new bullion coin, and 
     for other purposes.

                          ____________________




                              ADJOURNMENT

  Mr. GINGREY. Mr. Speaker, I move that the House do now adjourn.
  The motion was agreed to; accordingly (at 8 o'clock and 16 minutes 
a.m.), the House adjourned until today, Thursday, December 15, 2005, at 
10 a.m.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       5661. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the twenty-fifth annual report 
     on the implementation of the Age Discrimination Act of 1975 
     by departments and agencies which administer programs of 
     Federal financial assistance, pursuant to 42 U.S.C. 6106a(b); 
     to the Committee on Education and the Workforce.
       5662. A letter from the Chairperson, National Council on 
     Disability, transmitting a copy of the NCD's ``National 
     Disability Policy: A Progress Report,'' as required by 
     Section 401(b)(1) of the Rehabilitation Act of 1973, as 
     amended, covering the period from December 2003 through 
     December 2004, pursuant to 29 U.S.C. 781(a)(8); to the 
     Committee on Education and the Workforce.
       5663. A letter from the Secretary, Department of Energy, 
     transmitting the semiannual report on the activities of the 
     Office of Inspector General for the period April 1, 2005 to 
     September 30, 2005, pursuant to 5 U.S.C. app. (Insp. Gen. 
     Act) section 5(b); to the Committee on Government Reform.
       5664. A letter from the Secretary, Department of Homeland 
     Security, transmitting the semiannual report of the Inspector 
     General for the period April 1, 2005 through September 30, 
     2005; to the Committee on Government Reform.
       5665. A letter from the Acting Director, Division of 
     Policy, Planning and Program Development, OFCCP, Department 
     of Labor, transmitting the Department's final rule -- 
     Obligation to Solicit Race and Gender Data for Agency 
     Enforcement Purposes (RIN: 1215-AB45) received October 14, 
     2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Government Reform.
       5666. A letter from the Director, Holocaust Memorial 
     Museum, transmitting the Museum's 2004 through 2005 Annual 
     Report and 2006 calendar; to the Committee on Government 
     Reform.
       5667. A letter from the Executive Director, Interstate 
     Commission on the Potomac River Basin, transmitting the 
     audited Sixty-Fourth Financial Statement for the period 
     October 1, 2003 to September 30, 2004, pursuant to 31 U.S.C. 
     3512(c)(3); to the Committee on Government Reform.
       5668. A letter from the Chairman, Merit Systems Protection 
     Board, transmitting the Board's Performance and 
     Accountability Report for FY 2005, required by the Government 
     Performance and Results Act, the Accountability of Tax 
     Dollars Act, and the Federal Managers Financial Integrity 
     Act; to the Committee on Government Reform.
       5669. A letter from the Chairman, National Endowment for 
     the Arts, transmitting pursuant to the ``Accountability of 
     Tax Dollars Act of 2002'' and related guidance from the 
     Office of Management and Budget, the Endowment's Performance 
     and Accountability Report for FY 2005; to the Committee on 
     Government Reform.
       5670. A letter from the Chairman, Railroad Retirement 
     Board, transmitting the semiannual report on activities of 
     the Office of Inspector General for the period April 1, 2005, 
     through September 30, 2005, pursuant to 5 U.S.C. app. (Insp. 
     Gen. Act) section 5(d); to the Committee on Government 
     Reform.
       5671. A letter from the Chairman, Securities and Exchange 
     Commission, transmitting the semiannual report on activities 
     of the Inspector General for the period of April 1, 2005 
     through September 30, 2005 and the Management Response for 
     the same period, pursuant to 5 U.S.C. app. (Insp. Gen. Act) 
     section 5(b); to the Committee on Government Reform.
       5672. A letter from the Administrator, Small Business 
     Administration, transmitting the semiannual report of the 
     Office of Inspector General for the period April 1, 2005 
     through September 30, 2005, pursuant to 5 U.S.C. app. (Insp. 
     Gen. Act) section 5(b); to the Committee on Government 
     Reform.
       5673. A letter from the Assistant Secretary for Fish, 
     Wildlife and Parks, Department of the Interior, transmitting 
     the Department's final rule -- Endangered and Threatened 
     Wildlife and Plants; Final Determination Concerning Critical 
     Habitat for the San Miguel Island Fox, Santa Rosa Island Fox, 
     Santa Cruz Island Fox, and Santa Catalina Island Fox (RIN: 
     1018-AT78) received November 14, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Resources.
       5674. A letter from the Assistant Secretary, Land and 
     Minerals Management, Department of the Interior, transmitting 
     the Department's final rule -- Application Procedures, 
     Execution and Filing of Forms: Correction of State Office 
     Address for Filings and Recordings, Proper Offices for 
     Recording of Mining Claims [WO 630-1610-EI-25-2Z] (RIN: 1004-
     AD77) received November 18, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Resources.
       5675. A letter from the Director, Office of Surface Mining, 
     Department of the Interior, transmitting the Department's 
     final rule -- Illinois Regulatory Program [Docket No. IL-103-
     FOR] received November 29, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Resources.
       5676. A letter from the Director, Office of Surface Mining, 
     Department of the Interior, transmitting the Department's 
     final rule -- Alaska Regulatory Program [SATS No. AK-006-FOR] 
     received November 29, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Resources.
       5677. A letter from the Director, Office of Surface Mining, 
     Department of the Interior, transmitting the Department's 
     final rule -- North Dakota Regulatory Program [ND-048-FOR, 
     Amendment No. XXXV] received November 22, 2005, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Resources.

[[Page 28423]]


       5678. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pacific Cod by Catcher/Processor Vessels Using Pot Gear in 
     the Bering Sea and Aleutian Islands Management Area [Docket 
     No. 041126332-5039-02; I.D. 111705A] received December 5, 
     2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Resources.
       5679. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Pollock in Statistical Area 630 of the Gulf of Alaska [Docket 
     No. 041126333-5040-02; I.D. 102605A] received December 5, 
     2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Resources.
       5680. A letter from the Assistant Attorney General, 
     Department of Justice, transmitting a copy of a report 
     required by Section 202(a)(1)(C) of Pub. L. 107-273, the 
     ``21st Century Department of Justice Appropriations 
     Authorization Act,'' related to certain settlements and 
     injunctive relief, pursuant to 28 U.S.C. 530D Public Law 
     107--273, section202; to the Committee on the Judiciary.
       5681. A letter from the Director, Office of Surface Mining, 
     Department of the Interior, transmitting the Department's 
     final rule -- Civil Penalty Adjustments (RIN: 1029-AC48) 
     received November 17, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on the Judiciary.
       5682. A letter from the Acting Director, FEMA, Department 
     of Homeland Security, transmitting notification that funding 
     under Title V, subsection 503(b)(3) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act, as amended, has 
     exceeded $5 million for the response to the emergency 
     declared as a result the influx of evacuees from areas struck 
     by Hurricane Katrina beginning on August 29, 2005 in the 
     State of Georgia, pursuant to 42 U.S.C. 5193; to the 
     Committee on Transportation and Infrastructure.
       5683. A letter from the Secretary, Department of Veterans 
     Affairs, transmitting a copy of an editorial entitled, ``US 
     Veterans Health Care Healed Itself -- So Can Our (Canadian) 
     Medicare System''; to the Committee on Veterans' Affairs.
       5684. A letter from the Acting Chief, Publications and 
     Regulations Branch, Internal Revenue Service, transmitting 
     the Service's final rule -- Health Savings Account 
     Eligibility During A Cafeteria Plan Grace Period [Notice 
     2005-86] received December 1, 2005, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.
       5685. A letter from the Acting Chief, Publications and 
     Regulations Branch, Internal Revenue Service, transmitting 
     the Service's final rule -- Withholding on Payments to 
     Partnerships, Trusts and Estates (Rev. Proc. 2005-77) 
     received December 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 
     to the Committee on Ways and Means.
       5686. A letter from the Acting Chief, Publications and 
     Regulations Branch, Internal Revenue Service, transmitting 
     the Service's final rule -- Gains Derived from Dealings in 
     Property (Rev. Rul. 2005-74) received December 5, 2005, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.
       5687. A letter from the Acting Chief, Publications and 
     Regulations Branch, Internal Revenue Service, transmitting 
     the Service's final rule -- Credit for Certain Foreign 
     Withholding Taxes [Notice 2005-90] received December 5, 2005, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways 
     and Means.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. HASTINGS of Washington: Committee on Rules. House 
     Resolution 602. Resolution providing for consideration of the 
     bill (H.R. 2830) to amend the Employee Retirement Income 
     Security Act of 1974 and the Internal Revenue Code of 1986 to 
     reform the pension funding rules, and for other purposes 
     (Rept. 109-346). Referred to the House Calendar.

     [Filed on December 15 (legislative day of December 14), 2005]

       Mr. GINGREY: Committee on Rules. House Resolution 610. 
     Resolution providing for consideration of the bill (H.R. 
     4437) to amend the Immigration and Nationality Act to 
     strengthen enforcement of the immigration laws, to enhance 
     border security, and for other purposes (Rept. 109-347). 
     Referred to the House Calendar.


                         discharge of committee

  Pursuant to clause 2 of rule XII the Committee on Education and the 
Workforce and Ways and Means discharged from further consideration. 
H.R. 4437 referred to the Committees of the Whole House on the State of 
the Union and ordered to be printed.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions were 
introduced and severally referred, as follows:

           By Mr. JONES of North Carolina (for himself and Mr. 
             Shimkus):
       H.R. 4524. A bill to amend title 5, United States Code, to 
     provide that if a Member of Congress is convicted of a 
     felony, such Member shall not be eligible for retirement 
     benefits, and for other purposes; to the Committee on House 
     Administration, and in addition to the Committee on 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. BOEHNER (for himself, Mr. McKeon, Mr. Tiberi, 
             Mr. George Miller of California, Mr. Kildee, and Mr. 
             Hinojosa):
       H.R. 4525. A bill to temporarily extend the programs under 
     the Higher Education Act of 1965, and for other purposes; to 
     the Committee on Education and the Workforce.
           By Mr. BARRETT of South Carolina (for himself, Mr. 
             Franks of Arizona, and Mr. Bishop of Utah):
       H.R. 4526. A bill to amend the Balanced Budget and 
     Emergency Deficit Control Act of 1985 to extend the 
     discretionary spending limits through fiscal year 2011, to 
     extend paygo for direct spending, and for other purposes; to 
     the Committee on the Budget, and in addition to the Committee 
     on Rules, for a period to be subsequently determined by the 
     Speaker, in each case for consideration of such provisions as 
     fall within the jurisdiction of the committee concerned.
           By Mr. BOSWELL (for himself and Mr. Osborne):
       H.R. 4527. A bill to amend the Internal Revenue Code of 
     1986 to provide tax incentives to encourage small business 
     health plans; to the Committee on Ways and Means.
           By Mr. BOYD:
       H.R. 4528. A bill to designate the Federal building and 
     United States courthouse located at 111 North Adams Street in 
     Tallahassee, Florida, as the ``William Stafford United States 
     Courthouse''; to the Committee on Transportation and 
     Infrastructure.
           By Mr. CASE (for himself and Mr. Abercrombie):
       H.R. 4529. A bill to provide for the establishment of a 
     memorial within Kalaupapa National Historical Park located on 
     the island of Molokai, in the State of Hawaii, to honor and 
     perpetuate the memory of those individuals who were forcibly 
     relocated to the Kalaupapa Peninsula from 1866 to 1969, and 
     for other purposes; to the Committee on Resources.
           By Mr. CHANDLER (for himself and Mr. Rogers of 
             Kentucky):
       H.R. 4530. A bill to designate the Federal building and 
     United States courthouse located at 101 Barr Street in 
     Lexington, Kentucky, as the ``Scott Reed Federal Building and 
     United States Courthouse''; to the Committee on 
     Transportation and Infrastructure.
           By Mr. CRAMER:
       H.R. 4531. A bill to authorize the Administrator of the 
     Small Business Administration to deem certain small business 
     concerns qualified HUBZone small business concerns; to the 
     Committee on Small Business.
           By Mr. CRAMER:
       H.R. 4532. A bill to amend the Internal Revenue Code of 
     1986 to allow employers a credit against income tax to 
     encourage them to have their employees provide volunteer 
     services that aid science, mathematics, and engineering 
     education in grades K-12; to the Committee on Ways and Means.
           By Mr. CUMMINGS:
       H.R. 4533. A bill to assist members of the Armed Forces in 
     obtaining United States citizenship, and for other purposes; 
     to the Committee on the Judiciary, and in addition to the 
     Committee on Armed Services, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. ENGLISH of Pennsylvania:
       H.R. 4534. A bill to amend the Internal Revenue Code of 
     1986 to reform the charitable contribution deduction rules on 
     contributions of certain easements on buildings in registered 
     historic districts, and for other purposes; to the Committee 
     on Ways and Means.
           By Mr. KIRK (for himself, Mr. Upton, Mr. Platts, Mr. 
             Pence, Mr. Bass, Mr. Terry, Mr. Shadegg, Mr. Price of 
             Georgia, Mrs. Myrick, Mr. Manzullo, Mr. Sodrel, Mr. 
             Hoekstra, Mr. Dent, Mr. Gerlach, Mr. Reichert, Mr. 
             Simmons, Mr. McCaul of Texas, Mr. Paul, Mr. Green of 
             Wisconsin, Mr. Bradley of New Hampshire, Mr. English 
             of Pennsylvania, Mr. Schwarz of Michigan, Mr. Shays, 
             and Mr. Shimkus):
       H.R. 4535. A bill to amend title 5, United States Code, to 
     provide that if a Member of Congress is convicted of a 
     felony, such Member shall not be eligible for retirement 
     benefits based on that individual's service as a

[[Page 28424]]

     Member, and for other purposes; to the Committee on House 
     Administration, and in addition to the Committee on 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Ms. ZOE LOFGREN of California (for herself, Mr. 
             Boucher, and Mr. Doolittle):
       H.R. 4536. A bill to amend title 17, United States Code, to 
     safeguard the rights and expectations of consumers who 
     lawfully obtain digital entertainment; to the Committee on 
     the Judiciary.
           By Mrs. MALONEY (for herself, Mr. Serrano, Mr. Owens, 
             Mr. Nadler, Mrs. McCarthy, Ms. Corrine Brown of 
             Florida, Mr. Pallone, Mr. Bishop of Georgia, Mr. 
             Kildee, Mr. Kind, Mr. Holden, Mr. Gutierrez, Mr. 
             Kucinich, Mr. Schiff, Mr. McDermott, Mr. Hastings of 
             Florida, and Mr. Faleomavaega):
       H.R. 4537. A bill to amend title 38, United States Code, to 
     provide housing loan benefits for the purchase of residential 
     cooperative apartment units; to the Committee on Veterans' 
     Affairs.
           By Mr. MATHESON (for himself, Ms. Berkley, Mr. Gibbons, 
             Mr. Bishop of Utah, Mr. Cannon, and Mr. Porter):
       H.R. 4538. A bill to amend the Nuclear Waste Policy Act of 
     1982 to require commercial nuclear utilities to transfer 
     spent nuclear fuel pools into spent nuclear fuel dry casks 
     and convey to the Secretary of Energy title to all spent 
     nuclear fuel thus safely stored; to the Committee on Energy 
     and Commerce.
           By Mrs. MUSGRAVE:
       H.R. 4539. A bill to amend the Cache La Poudre River 
     Corridor Act to designate a new management entity, make 
     certain technical and conforming amendments, enhance private 
     property protections, and for other purposes; to the 
     Committee on Resources.
           By Mr. NADLER (for himself, Mr. Wynn, Mr. Owens, Mr. 
             Van Hollen, Mr. Rangel, Mr. Hinojosa, Mr. Holden, Ms. 
             Jackson-Lee of Texas, Ms. Kaptur, Ms. Millender-
             McDonald, Mr. Hinchey, Mr. Sherman, Mr. Michaud, Ms. 
             Herseth, Ms. Carson, Mr. Pallone, Mr. Grijalva, Mr. 
             McIntyre, Mr. McDermott, Mr. Kucinich, Ms. Solis, Ms. 
             Norton, Mr. Gutierrez, Mr. Boucher, Mr. Ackerman, Mr. 
             Scott of Georgia, Mr. Frank of Massachusetts, Mr. 
             Payne, Mr. Cleaver, Mrs. Christensen, Mr. Conyers, 
             Mr. Crowley, Mr. Honda, Mr. Ryan of Ohio, Ms. Ros-
             Lehtinen, Mr. Stark, Ms. Matsui, Mr. Towns, Mr. 
             Lynch, Mr. McNulty, Mr. Lantos, Mr. Weiner, Mr. 
             Kildee, Ms. Woolsey, Mr. Langevin, and Mr. Meehan):
       H.R. 4540. A bill to amend the Public Health Service Act 
     and Employee Retirement Income Security Act of 1974 to 
     require that group and individual health insurance coverage 
     and group health plans provide coverage for annual screening 
     mammography for women 40 years of age or older if the 
     coverage or plans include coverage for diagnostic 
     mammography; to the Committee on Energy and Commerce, and in 
     addition to the Committee on Education and the Workforce, for 
     a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Mr. OBERSTAR (for himself, Mr. Filner, Mr. Van 
             Hollen, Mr. McDermott, Mr. Grijalva, Mr. Owens, Mr. 
             Kildee, Mr. Sabo, Mr. McGovern, Mr. Sanders, Mr. 
             Israel, Mr. Evans, Mr. Lewis of Georgia, Ms. McCollum 
             of Minnesota, and Mr. Pallone):
       H.R. 4541. A bill to amend the Federal Water Pollution 
     Control Act to improve the quality of the waters of the 
     United States in an equitable manner; to the Committee on 
     Transportation and Infrastructure.
           By Mr. OBERSTAR (for himself, Mr. Young of Alaska, Mr. 
             Costello, Mr. LoBiondo, Mr. DeFazio, Ms. Berkley, Mr. 
             Boswell, Mr. Graves, Mr. Smith of New Jersey, Ms. 
             Norton, Ms. Millender-McDonald, Ms. Woolsey, Mr. 
             Pascrell, Mr. Brady of Pennsylvania, Mr. Menendez, 
             Mr. Lynch, Mr. Evans, Mr. McHugh, Ms. Kilpatrick of 
             Michigan, Mr. Rothman, Mr. Visclosky, Mr. Hinchey, 
             Mr. Olver, Mr. Davis of Tennessee, Mr. Davis of 
             Alabama, Mr. Marshall, Mr. Rahall, Mrs. McCarthy, Mr. 
             LaTourette, Mr. Murphy, Mr. Simmons, Mr. Ferguson, 
             Mr. McIntyre, Mr. McNulty, Mr. Udall of New Mexico, 
             Mr. Baca, Mr. Payne, Mr. Andrews, Mr. Meek of 
             Florida, Mr. Michaud, Mr. Matheson, Mr. Ryan of Ohio, 
             Mr. Salazar, Mr. Engel, Mr. Costa, Mr. Holden, Mr. 
             Cummings, Mr. Ney, Mr. Dicks, Mr. Carnahan, Mr. 
             Bishop of New York, Mr. Gene Green of Texas, Mr. 
             Pastor, Mr. Langevin, Mr. Strickland, Mr. Cardin, Mr. 
             Duncan, Mr. Baird, Mr. Berry, Mr. Blumenauer, Mr. 
             Abercrombie, Mr. Carter, and Mr. Filner):
       H.R. 4542. A bill to direct the Secretary of Transportation 
     to report to Congress concerning proposed changes to long-
     standing policies that prohibit foreign interests from 
     exercising actual control over the economic, competitive, 
     safety, and security decisions of United States airlines, and 
     for other purposes; to the Committee on Transportation and 
     Infrastructure, and in addition to the Committee on Rules, 
     for a period to be subsequently determined by the Speaker, in 
     each case for consideration of such provisions as fall within 
     the jurisdiction of the committee concerned.
           By Ms. ROS-LEHTINEN (for herself and Ms. Berkley):
       H.R. 4543. A bill to express the policy of the United 
     States to ensure the divestiture of United States pension 
     plans or thrift savings plans and mutual funds sold or 
     distributed in the United States in any bank or financial 
     institution that directly or through a subsidiary has 
     outstanding loans to or financial activities in the Kingdom 
     of Saudi Arabia or its instrumentalities, and for other 
     purposes; to the Committee on Financial Services, and in 
     addition to the Committees on Government Reform, and 
     Education and the Workforce, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. RUSH:
       H.R. 4544. A bill to amend the Public Health Service Act to 
     revise and expand the section 340B program to improve the 
     provision of discounts on drug purchases for certain safety 
     net providers; to the Committee on Energy and Commerce.
           By Ms. LINDA T. SANCHEZ of California (for herself and 
             Mrs. Na-
             politano):
       H.R. 4545. A bill to amend the Reclamation Wastewater and 
     Groundwater Study and Facilities Act to authorize the 
     Secretary of the Interior to participate in the Los Angeles 
     County Water Supply Augmentation Demonstration Project, and 
     for other purposes; to the Committee on Resources.
           By Mr. SHADEGG (for himself, Mr. Akin, Mr. Bass, Mr. 
             Brady of Texas, Ms. Ginny Brown-Waite of Florida, 
             Mrs. Bono, Mr. Campbell of California, Mr. Chocola, 
             Mr. Culberson, Mr. Flake, Ms. Foxx, Mr. For-
             tenberry, Mr. Gingrey, Mr. Gohmert, Mr. Hensarling, 
             Mr. Herger, Mr. Hoekstra, Mr. Kennedy of Minnesota, 
             Mr. Kirk, Mr. McCaul of Texas, Mr. McCotter, Mr. 
             Moran of Kansas, Mrs. Myrick, Mr. Paul, Mr. 
             Neugebauer, Mr. Pence, Mr. Pitts, Mr. Reichert, Mr. 
             Ryan of Wisconsin, Mr. Souder, Mr. Terry, Mr. 
             Westmoreland, and Mrs. Wilson of New Mexico):
       H.R. 4546. A bill to amend title 5, United States Code, to 
     deny Federal retirement benefits to individuals convicted of 
     certain offenses, and for other purposes; to the Committee on 
     House Administration, and in addition to the Committee on 
     Government Reform, for a period to be subsequently determined 
     by the Speaker, in each case for consideration of such 
     provisions as fall within the jurisdiction of the committee 
     concerned.
           By Mr. STEARNS:
       H.R. 4547. A bill to amend title 18, United States Code, to 
     provide a national standard in accordance with which 
     nonresidents of a State may carry concealed firearms in the 
     State; to the Committee on the Judiciary.
           By Mr. TERRY (for himself, Mr. McCotter, Mr. Murphy, 
             Ms. Hart, Mr. Sullivan, Mr. Nunes, Mr. Fortenberry, 
             Mr. Walden of Oregon, Ms. Ginny Brown-Waite of 
             Florida, Mr. Barrett of South Carolina, Mr. Moran of 
             Kansas, Mr. Hoekstra, Mr. Shadegg, Mr. Kirk, Mr. 
             Rogers of Michigan, Mr. Akin, Mr. Hostettler, Mr. 
             Franks of Arizona, Mr. Culberson, Mr. Hayworth, Ms. 
             Foxx, Mr. McCaul of Texas, Mr. Hensarling, and Mr. 
             Pence):
       H.R. 4548. A bill to amend title 5, United States Code, to 
     deny Federal retirement benefits to individuals convicted of 
     certain offenses, and for other purposes; to the Committee on 
     Government Reform.
           By Mr. JENKINS:
       H.J. Res. 74. A joint resolution proposing a balanced 
     budget amendment to the Constitution of the United States; to 
     the Committee on the Judiciary.
           By Ms. WASSERMAN SCHULTZ (for herself, Mr. Hyde, Mr. 
             Abercrombie, Mr. Ackerman, Mr. Allen, Mr. Andrews, 
             Mr. Baca, Mr. Bachus, Mr. Baird, Mr. Baker, Ms. 
             Baldwin, Mr. Barrow, Ms. Bean, Mr. Becerra, Ms. 
             Berkley, Mr. Berman, Mr. Berry, Mrs. Biggert, Mr. 
             Bishop of Georgia, Mr. Bishop of New York, Mr. 
             Blumenauer, Mr. Blunt, Mrs. Bono, Mr. Boren, Mr. 
             Boswell, Mr. Boustany, Mr. Boyd, Mr. Brady of 
             Pennsylvania, Ms. Corrine Brown of Florida, Mr. Brown 
             of Ohio, Ms. Ginny Brown-Waite of Florida, Mr. Burton 
             of Indiana, Mr. Butterfield, Mr. Buyer, Mr. Cantor, 
             Mrs. Capps, Mr. Capuano, Mr. Cardin, Mr. Cardoza, Mr. 
             Carnahan, Mr. Case, Mr. Chabot, Mr. Chandler, Mr. 
             Cleaver, Mr. Clyburn, Mr. Conaway, Mr. Conyers, Mr. 
             Costa, Mr. Costello, Mr. Cooper, Mr.

[[Page 28425]]

             Cramer, Mr. Crowley, Mr. Cuellar, Mr. Cummings, Ms. 
             DeLauro, Mr. Davis of Alabama, Mr. Davis of Illinois, 
             Mr. Davis of Kentucky, Mr. Davis of Florida, Mr. 
             Davis of Tennessee, Mrs. Davis of California, Mr. 
             DeFazio, Ms. DeGette, Mr. Delahunt, Mr. DeLay, Mr. 
             Dent, Mr. Lincoln Diaz-Balart of Florida, Mr. Mario 
             Diaz-Balart of Florida, Mr. Dingell, Mr. Doyle, Mrs. 
             Drake, Mr. Dreier, Mr. Emanuel, Mr. Engel, Mr. 
             English of Pennsylvania, Ms. Eshoo, Mr. Etheridge, 
             Mr. Evans, Mr. Feeney, Mr. Filner, Mr. Fitzpatrick of 
             Pennsylvania, Mr. Foley, Mr. Ford, Mr. Fortenberry, 
             Mr. Fossella, Ms. Foxx, Mr. Frank of Massachusetts, 
             Mr. Gingrey, Mr. Gohmert, Mr. Gonzalez, Mr. Gordon, 
             Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. 
             Grijalva, Mr. Gutierrez, Ms. Harman, Ms. Harris, Mr. 
             Hastings of Florida, Mr. Hefley, Ms. Herseth, Mr. 
             Higgins, Mr. Hinchey, Mr. Hinojosa, Mr. Holden, Mr. 
             Holt, Mr. Honda, Ms. Hooley, Mr. Hoyer, Mr. Inslee, 
             Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee 
             of Texas, Mr. Jefferson, Ms. Eddie Bernice Johnson of 
             Texas, Mrs. Johnson of Connecticut, Mr. Kanjorski, 
             Ms. Kaptur, Mr. Keller, Mr. Kennedy of Rhode Island, 
             Mr. Kennedy of Minnesota, Mr. Kildee, Ms. Kilpatrick 
             of Michigan, Mr. Kind, Mr. King of New York, Mr. 
             Kingston, Mr. Kirk, Mr. Knollenberg, Mr. Kucinich, 
             Mr. Kuhl of New York, Mr. Lantos, Mr. Langevin, Mr. 
             Levin, Mr. Lewis of Georgia, Mr. Lipinski, Ms. Zoe 
             Lofgren of California, Mrs. Lowey, Mr. Daniel E. 
             Lungren of California, Mr. Mack, Mrs. Maloney, Mr. 
             Manzullo, Mr. Marchant, Mr. Marshall, Mr. Matheson, 
             Ms. Matsui, Mrs. McCarthy, Miss McMorris, Ms. 
             McCollum of Minnesota, Mr. McCotter, Mr. McDermott, 
             Mr. McNulty, Mr. Meek of Florida, Mr. Meeks of New 
             York, Mr. Melancon, Mr. Menendez, Mr. George Miller 
             of California, Mr. Miller of Florida, Mr. McCaul of 
             Texas, Mr. McHenry, Mr. McIntyre, Mr. Miller of North 
             Carolina, Ms. Millender-McDonald, Mr. McGovern, Mr. 
             Mollohan, Mrs. Capito, Mr. Moore of Kansas, Ms. Moore 
             of Wisconsin, Mr. Moran of Virginia, Mr. Murtha, Mrs. 
             Myrick, Mr. Nadler, Mrs. Napolitano, Mr. Neal of 
             Massachusetts, Ms. Norton, Mr. Norwood, Mr. Oberstar, 
             Mr. Obey, Mr. Olver, Mr. Ortiz, Mr. Owens, Mr. 
             Pallone, Mr. Pascrell, Ms. Pelosi, Mr. Peterson of 
             Minnesota, Mr. Platts, Mr. Poe, Mr. Pomeroy, Mr. 
             Porter, Mr. Price of Georgia, Ms. Pryce of Ohio, Mr. 
             Putnam, Mr. Rangel, Mr. Reynolds, Mr. Renzi, Ms. Ros-
             Lehtinen, Mr. Ross, Mr. Rothman, Ms. Roybal-Allard, 
             Mr. Ruppersberger, Mr. Ryan of Ohio, Mr. Sabo, Mr. 
             Salazar, Ms. Linda T. Sanchez of California, Ms. 
             Loretta Sanchez of California, Mr. Sanders, Mr. 
             Saxton, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz of 
             Pennsylvania, Mr. Scott of Georgia, Mr. Scott of 
             Virginia, Mr. Serrano, Mr. Shaw, Mr. Sherman, Mr. 
             Shimkus, Mr. Shuster, Mr. Simmons, Mr. Skelton, Ms. 
             Slaughter, Mr. Smith of New Jersey, Mr. Snyder, Mr. 
             Sodrel, Ms. Solis, Mr. Spratt, Mr. Stark, Mr. 
             Strickland, Mrs. Tauscher, Mr. Thompson of 
             Mississippi, Mr. Tiahrt, Mr. Tierney, Mrs. Jones of 
             Ohio, Mr. Towns, Mr. Udall of Colorado, Mr. Udall of 
             New Mexico, Mr. Van Hollen, Mr. Visclosky, Ms. 
             Velazquez, Mr. Walsh, Mr. Waxman, Ms. Watson, Mr. 
             Watt, Mr. Weiner, Mr. Weldon of Florida, Mr. Weller, 
             Mr. Westmoreland, Mr. Wexler, Mr. Wicker, Mr. Wolf, 
             Ms. Woolsey, Mr. Wu, Mr. Wynn, and Mr. Young of 
             Florida):
       H. Con. Res. 315. Concurrent resolution urging the 
     President to issue a proclamation for the observance of an 
     American Jewish History Month; to the Committee on Government 
     Reform.
           By Mr. CHABOT:
       H. Con. Res. 316. Concurrent resolution raising awareness 
     and encouraging prevention of stalking by establishing 
     January 2006 as ``National Stalking Awareness Month''; to the 
     Committee on the Judiciary.
           By Mr. ISSA (for himself, Mr. Wexler, Mr. Lantos, and 
             Mr. Ackerman):
       H. Res. 598. A resolution condemning actions by the 
     Government of Syria that have hindered the investigation of 
     the assassination of former Prime Minister of Lebanon Rafik 
     Hariri conducted by the United Nations International 
     Independent Investigation Commission (UNIIIC), expressing 
     support for extending the UNIIIC's investigative mandate, and 
     stating concern about similar assassination attempts 
     apparently aimed at destabilizing Lebanon's security and 
     undermining Lebanon's sovereignty; to the Committee on 
     International Relations.
           By Mr. GILCHREST (for himself, Mr. Case, and Mr. 
             Saxton):
       H. Res. 599. A resolution establishing the Task Force on 
     Ocean Policy; to the Committee on Rules.
           By Mr. ROTHMAN (for himself and Mr. Ramstad):
       H. Res. 600. A resolution calling on the Board of Directors 
     of the National High School Mock Trial Championship to 
     accommodate students of all religious faiths; to the 
     Committee on Education and the Workforce.
           By Mr. COLE of Oklahoma (for himself, Ms. Ros-Lehtinen, 
             Mr. Sullivan, Mr. Conaway, Mr. Keller, Mr. McCotter, 
             Mr. Green of Wisconsin, Mrs. Jo Ann Davis of 
             Virginia, Mr. Aderholt, Mr. Akin, Mr. Wilson of South 
             Carolina, Ms. Ginny Brown-Waite of Florida, Mr. 
             Ackerman, Mr. Saxton, Mr. Kennedy of Minnesota, Mr. 
             Norwood, Mr. Rogers of Alabama, Mr. Lewis of 
             Kentucky, Mr. Sensenbrenner, Mr. Boren, Mr. Marchant, 
             Mrs. Miller of Michigan, Mr. Cardoza, Mr. Simmons, 
             Mr. Murphy, Mr. Brown of South Carolina, Mr. Ney, Mr. 
             Fossella, Mrs. Bono, Mr. Tancredo, Mr. Ferguson, Mr. 
             Gerlach, Mr. Wexler, and Mr. Chandler):
       H. Res. 601. A resolution condemning in strongest terms 
     Iranian President Mahmoud Ahmadinejad's hateful rhetoric 
     directed toward Israel; to the Committee on International 
     Relations.
           By Mr. ANDREWS (for himself, Mr. Bilirakis, Mr. 
             Sherman, Mrs. Maloney, Ms. Lee, Mr. Pallone, Ms. 
             Berkley, Ms. Watson, Ms. Linda T. Sanchez of 
             California, and Mr. Kucinich):
       H. Res. 603. A resolution supporting the removal of Turkish 
     occupation troops from the Republic of Cyprus; to the 
     Committee on International Relations.
           By Mr. FOSSELLA:
       H. Res. 604. A resolution recognizing the 100th anniversary 
     of the establishment of the paid Fire Department of New York 
     on Staten Island, and for other purposes; to the Committee on 
     Government Reform.
           By Mr. FOSSELLA:
       H. Res. 605. A resolution recognizing the life of Preston 
     Robert Tisch and his outstanding contributions to New York 
     City, the New York Giants Football Club, the National 
     Football League, and the United States; to the Committee on 
     Government Reform.
           By Mr. HOYER (for himself, Mr. Cardin, Mr. Gilchrest, 
             Mr. Bartlett of Maryland, Mr. Wynn, Mr. Cummings, Mr. 
             Ruppersberger, and Mr. Van Hollen):
       H. Res. 606. A resolution congratulating the University of 
     Maryland Terrapins men's soccer team, the 2005 National 
     Collegiate Athletic Association Champions; to the Committee 
     on Education and the Workforce.
           By Mr. HOYER (for himself, Mr. Cardin, Mr. Gilchrest, 
             Mr. Bartlett of Maryland, Mr. Wynn, Mr. Cummings, Mr. 
             Ruppersberger, and Mr. Van Hollen):
       H. Res. 607. A resolution congratulating the University of 
     Maryland Terrapins women's field hockey team on winning the 
     2005 National College Athletic Association Championship; to 
     the Committee on Education and the Workforce.
           By Mr. McCOTTER:
       H. Res. 608. A resolution condemning the escalating levels 
     of religious persecution in the People's Republic of China; 
     to the Committee on International Relations.
           By Mr. NADLER:
       H. Res. 609. A resolution expressing the sense of the House 
     of Representatives in support of providing fair and up-to-
     date teaching in United States secondary schools of the 
     developments of modern day Russia; to the Committee on 
     Education and the Workforce.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 65: Mr. Conaway.
       H.R. 69: Mr. Conaway.
       H.R. 147: Ms. Foxx, and Mrs. Jones of Ohio.
       H.R. 282: Mr. Bishop of Utah.
       H.R. 284: Mr. Evans.
       H.R. 311: Mr. Meehan.
       H.R. 314: Mr. Price of Georgia.
       H.R. 414: Mr. Dicks, Mr. Andrews, Mr. Ford, Mr. Brown of 
     Ohio, Mr. Smith of Washington, and Ms. Ros-Lehtinen.
       H.R. 415: Mr. Kuhl of New York and Mr. Doyle.
       H.R. 517: Mr. Scott of Georgia, Mr. Smith of Washington, 
     and Mr. Marshall.
       H.R. 602: Ms. Norton.
       H.R. 651: Mr. Salazar.
       H.R. 783: Mr. Meehan and Mr. Case.
       H.R. 808: Mr. Boustany and Mr. Marchant.
       H.R. 817: Mr. Lynch, Mr. Costello, and Mr. Wolf.
       H.R. 874: Mr. Latham.
       H.R. 916: Mr. Weldon of Pennsylvania, Mr. Larson of 
     Connecticut, and Ms. Solis.
       H.R. 968: Mr. Boustany and Mr. Garrett of New Jersey.
       H.R. 995: Mr. Goode.

[[Page 28426]]


       H.R. 998: Mrs. Emerson.
       H.R. 1053: Mr. Gallegly, Mr. Mario Diaz-Balart of Florida, 
     and Mr. Fossella.
       H.R. 1081: Mrs. Maloney.
       H.R. 1120: Mr. Larsen of Washington and Mr. Otter.
       H.R. 1144: Mr. Abercrombie, Mr. Stark, Mr. Kildee, Ms. 
     McKinney, and Ms. Schakowsky.
       H.R. 1217: Mr. Fitzpatrick of Pennsylvania.
       H.R. 1249: Ms. Bean.
       H.R. 1259: Mrs. Drake, Mr. Honda, Ms. Zoe Lofgren of 
     California, Mr. Tiberi, Mr. Everett, Mr. Farr, Mr. Capuano, 
     Ms. Pelosi, Mrs. Lowey, Mr. McNulty, Ms. Baldwin, Mr. Obey, 
     Mr. Pastor, and Ms. Woolsey.
       H.R. 1264: Mr. Nadler, Ms. Eddie Bernice Johnson of Texas, 
     Mr. Payne, and Mr. Ney.
       H.R. 1277: Mr. Meehan.
       H.R. 1288: Mr. Higgins.
       H.R. 1356: Mr. Meehan.
       H.R. 1405: Mr. Beauprez.
       H.R. 1426: Mr. McHugh and Mr. Meehan.
       H.R. 1634: Mr. Holden.
       H.R. 1646: Mr. McGovern and Mr. English of Pennsylvania.
       H.R. 1704: Ms. Linda T. Sanchez of California and Mr. Lewis 
     of Georgia.
       H.R. 1806: Mr. Stupak.
       H.R. 1956: Mr. English of Pennsylvania, Ms. Herseth, Mr. 
     Murphy, and Mr. Bishop of Utah.
       H.R. 2012: Mr. Boehlert.
       H.R. 2072: Mr. Conyers.
       H.R. 2076: Mr. Souder.
       H.R. 2134: Mr. Foley.
       H.R. 2294: Ms. Ginny Brown-Waite of Florida.
       H.R. 2345: Mr. Higgins.
       H.R. 2378: Mr. Jenkins.
       H.R. 2498: Mr. Miller of North Carolina.
       H.R. 2553: Mr. Thompson of Mississippi, Mr. Conyers, Mr. 
     Hastings of Florida, Mr. Scott of Virginia, Mr. Davis of 
     Alabama, and Mr. Al Green of Texas.
       H.R. 2669: Mr. Weldon of Pennsylvania, Mr. DeFazio, Ms. 
     Kilpatrick of Michigan, Mrs. Davis of California, Mr. Wynn, 
     Mrs. Johnson of Connecticut, Ms. Linda T. Sanchez of 
     California, Ms. Solis, Ms. Matsui, Mr. McGovern, and Mr. 
     Gallegly.
       H.R. 2694: Mr. Baird.
       H.R. 2799: Mrs. Jo Ann Davis of Virginia.
       H.R. 2803: Mr. Knollenberg and Mr. Price of North Carolina.
       H.R. 2808: Mrs. Kelly and Mr. Gillmor.
       H.R. 2828: Mr. Weiner.
       H.R. 2835: Mr. Meehan.
       H.R. 2892: Ms. DeLauro and Mr. Shays.
       H.R. 2943: Mr. Keller and Ms. Hart.
       H.R. 3000: Ms. McKinney.
       H.R. 3005: Mrs. Johnson of Connecticut.
       H.R. 3042: Mr. Baca.
       H.R. 3072: Ms. Moore of Wisconsin.
       H.R. 3127: Mrs. Lowey, Ms. Berkley, and Mr. Frelinghuysen.
       H.R. 3313: Mr. Filner, Ms. Bean, Ms. Wasserman Schultz, and 
     Mr. Wexler.
       H.R. 3323: Mr. Shaw.
       H.R. 3406: Mr. Sherman.
       H.R. 3427: Mr. Bishop of New York.
       H.R. 3479: Mr. Andrews.
       H.R. 3547: Mr. Wexler.
       H.R. 3550: Mr. Udall of New Mexico, Mr. Kildee, Mr. Towns, 
     Mr. Berman, Mr. Price of North Carolina, Mr. McNulty, Mrs. 
     Christensen, Mr. Rangel, Ms. Schakowsky, Mr. Miller of North 
     Carolina, Mr. Rothman, Mr. McCotter, Mr. Waxman, Mr. Doyle, 
     Mr. Taylor of Mississippi, Mr. Etheridge, Mr. Grijalva, and 
     Mr. McGovern.
       H.R. 3561: Mr. Olver, Mr. Allen, Mr. Kennedy of Rhode 
     Island, and Mr. Rahall.
       H.R. 3599: Mr. Owens, Mr. Higgins, Mr. Israel, Mr. LaHood, 
     Ms. Slaughter, and Mr. Souder.
       H.R. 3640: Ms. McKinney.
       H.R. 3641: Ms. McKinney, Ms. Woolsey, Mr. Wexler, and Mr. 
     Foley.
       H.R. 3642: Ms. McKinney.
       H.R. 3717: Mr. Wilson of South Carolina.
       H.R. 3861: Mr. Pastor, Mr. Baird, Mr. Gordon, and Mr. Al 
     Green of Texas.
       H.R. 3925: Mr. Owens.
       H.R. 3931: Ms. Baldwin, Mr. Lynch, Ms. Millender-McDonald, 
     Mr. Fitzpatrick of Pennsylvania, Mr. Higgins, Ms. Matsui, and 
     Ms. Loretta Sanchez of California.
       H.R. 4025: Mr. Peterson of Minnesota, Mrs. Lowey, and Mr. 
     Garrett of New Jersey.
       H.R. 4033: Mr. Pallone.
       H.R. 4042: Mr. Thornberry.
       H.R. 4049: Ms. Loretta Sanchez of California and Mr. Stark.
       H.R. 4079: Mr. Poe.
       H.R. 4098: Mr. Holden and Mr. McHugh.
       H.R. 4120: Mr. Tancredo.
       H.R. 4167: Mr. Ryun of Kansas, Mr. Nussle, Mr. Jenkins, Mr. 
     Israel, Mr. Costello, Mr. Weldon of Pennsylvania, Mr. Poe, 
     Ms. Herseth, and Mr. McCrery.
       H.R. 4168: Mr. Akin.
       H.R. 4180: Mr. Lewis of Kentucky.
       H.R. 4190: Mr. Sherman.
       H.R. 4217: Mr. Sam Johnson of Texas and Mrs. Johnson of 
     Connecticut.
       H.R. 4223: Ms. Solis.
       H.R. 4236: Mr. Hastings of Washington.
       H.R. 4253: Mr. Foley.
       H.R. 4278: Mrs. Napolitano.
       H.R. 4300: Mr. Lipinski and Mr. Renzi.
       H.R. 4315: Mr. Camp of Michigan, Mr. Wilson of South 
     Carolina, Mr. Fitzpatrick of Pennsylvania, Mr. Sullivan, and 
     Mr. Westmoreland.
       H.R. 4330: Mr. Mack and Mr. Hastings of Florida.
       H.R. 4332: Mr. Berry and Mr. Filner.
       H.R. 4350: Mr. Smith of Washington, Mr. Kucinich, Mr. 
     Sanders, and Mr. Lewis of Georgia.
       H.R. 4357: Mr. Ehlers, Mr. Renzi, and Mr. Foley.
       H.R. 4361: Mr. Miller of Florida.
       H.R. 4381: Mr. Kennedy of Minnesota, Ms. Wasserman Schultz, 
     and Mr. Sensenbrenner.
       H.R. 4384: Mr. Udall of Colorado and Mr. Sanders.
       H.R. 4446: Mr. Costello.
       H.R. 4447: Mr. Honda, Mrs. Christensen, Mr. Hastings of 
     Florida, Ms. Herseth, and Mr. Grijalva.
       H.R. 4452: Mr. Moran of Virginia, Mr. Neal of 
     Massachusetts, Mr. Berry, Mr. Larsen of Washington, Mr. Brady 
     of Pennsylvania, Mr. Ackerman, and Mr. Brown of Ohio.
       H.R. 4476: Mr. Doggett, Mr. Schiff, Mr. Thompson of 
     Mississippi, Mr. Larson of Connecticut, and Ms. Solis.
       H.R. 4506: Mr. Meehan, Mr. Brown of Ohio, Mr. Wexler, Mr. 
     Pallone, Mr. Ackerman, Mr. Udall of New Mexico, Mr. Spratt, 
     Mr. McGovern, Mr. Israel, Ms. Hooley, Ms. Schakowsky, Ms. 
     Solis, Mr. Inslee, Mr. Levin, and Ms. Carson.
       H.R. 4516: Mr. Rangel and Mr. McNulty.
       H.R. 4520: Mr. McIntyre and Ms. Solis.
       H.J. Res. 73: Mr. Davis of Illinois, Ms. McKinney, Ms. 
     Eddie Bernice Johnson of Texas, Ms. Moore of Wisconsin, Mr. 
     Rush, Mr. Thompson of Mississippi, Mr. Jefferson, Mr. 
     Pallone, Ms. Velazquez, Mr. Evans, Mr. Tierney, Mr. 
     Butterfield, Mrs. Christensen, Mr. Clay, Mr. Clyburn, Mr. 
     Filner, Mr. Gutierrez, Ms. Millender-McDonald, Mr. Scott of 
     Virginia, Ms. DeGette, Mr. Kanjorski, Mr. Pascrell, and Mr. 
     Visclosky.
       H. Con. Res. 24: Mr. Meehan.
       H. Con. Res. 99: Mr. Meehan.
       H. Con. Res. 137: Mr. Gary G. Miller of California.
       H. Con. Res. 138: Mr. Rangel.
       H. Con. Res. 172: Mr. Meehan.
       H. Con. Res. 174: Mr. Rothman, and Mr. Engel.
       H. Con. Res. 177: Mr. Schwarz of Michigan and Mr. English 
     of Pennsylvania.
       H. Con. Res. 197: Mr. Evans.
       H. Con. Res. 231: Mr. Spratt.
       H. Con. Res. 287: Mr. Nadler, Mr. Etheridge, Mr. 
     Strickland, Mr. Moran of Virginia, Mr. Moore of Kansas, Ms. 
     Pelosi, and Mr. Ross.
       H. Con. Res. 302: Mr. Platts, Ms. Ginny Brown-Waite of 
     Florida, Mr. Green of Wisconsin, and Mr. Lewis of Kentucky.
       H. Con. Res. 314: Ms. Slaughter.
       H. Res. 483: Mr. Lewis of Georgia, Mr. Bishop of Georgia, 
     Ms. Kilpatrick of Michigan, Mrs. Christensen, Mr. Honda, Mrs. 
     Capps, Mrs. Maloney, Mrs. Jones of Ohio, Ms. Corrine Brown of 
     Florida, Ms. Lee, Mr. Davis of Illinois, Mrs. Napolitano, Mr. 
     Meeks of New York, Mr. Thompson of Mississippi, Ms. Eddie 
     Bernice Johnson of Texas, Mr. Filner, Mr. Becerra, Mrs. 
     Lowey, Ms. Linda T. Sanchez of California, Mr. Lantos, Mr. 
     Schiff, Mr. Sherman, Mr. Conyers, Mr. Baca, Ms. Bordallo, 
     Mrs. Biggert, Mr. Clay, Mr. Brady of Pennsylvania, Mr. 
     Reichert, Mr. Capuano, Mr. Davis of Alabama, Mrs. Bono, Ms. 
     Watson, Mr. Pallone, Mrs. Davis of California, Mr. Jefferson, 
     Mr. Watt, Mr. Scott of Georgia, Mr. Clyburn, Ms. Hooley, Ms. 
     Matsui, Mr. Towns, Mr. Engel, Ms. Roybal-Allard, Mr. Scott of 
     Virginia, and Ms. Herseth.
       H. Res. 521: Mr. Towns, Ms. Ros-Lehtinen, Mr. Doyle, and 
     Mr. Clay.
       H. Res. 526: Mr. Pascrell.
       H. Res. 544: Mr. Carnahan.
       H. Res. 545: Mr. Cardin, Ms. Berkley, Mr. Rogers of 
     Alabama, Mr. Delahunt, and Mr. Pitts.
       H. Res. 556: Mr. Lewis of Kentucky.
       H. Res. 575: Mr. Neugebauer, Mr. Beau-
     prez, Mr. Cooper, Mr. Platts, Mr. Linder, Mr. Pickering, Mrs. 
     Schmidt, Mr. Filner, Mr. Otter, Mr. Daniel E. Lungren of 
     California, Mrs. Blackburn, Mr. Hensarling, Mr. Rogers of 
     Alabama, Mr. Hastings of Washington, Mr. Matheson, Mr. Hoyer, 
     Ms. DeLauro, Mr. Sensenbrenner, Mr. Westmoreland, Mr. Lewis 
     of Georgia, Mr. Bachus, Mrs. Bono, and Mr. Doyle.
       H. Res. 577: Mr. Duncan.
       H. Res. 578: Mr. Gordon.
       H. Res. 579: Ms. Ginny Brown-Waite of Florida, Mr. Smith of 
     New Jersey,
       Mr. Murphy, Mr. Souder, and Mr. Lewis of Kentucky.
       H. Res. 589: Mr. English of Pennsylvania.
       H. Res. 592: Mr. Hoyer.

                          ____________________




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4437

              Offered By: Ms. Ginny Brown-Waite of Florida

       Amendment No. 5: At the end of title VI, insert the 
     following new section:

     SEC. 615. DECLARATION OF CONGRESS.

       Congress condemns rapes by smugglers along the 
     international land border of the

[[Page 28427]]

     United States and urges in the strongest possible terms the 
     Government of Mexico to work in coordination with United 
     States Customs and Border Protection of the Department of 
     Homeland Security take immediate action to prevent such rapes 
     from occurring.

                               H.R. 4437

              Offered By: Ms. Ginny Brown-Waite of Florida

       Amendment No. 6: At the end of title VI, insert the 
     following new section:

     SEC. 615. DECLARATION OF CONGRESS.

       Congress condemns rapes by smugglers along the 
     international land border of the United States.

                               H.R. 4437

              Offered By: Ms. Ginny Brown-Waite of Florida

       Amendment No. 7: At the end of title IV, insert the 
     following new section:

     SEC. 409. REMOVAL OF ALIENS UNLAWFULLY PRESENT IN THE UNITED 
                   STATES.

       Section 241(a)(1)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(a)(1)(C)) shall not be construed as preventing 
     the Secretary of Homeland Security from removing an alien 
     from the United States if the alien has failed or refused to 
     make timely application in good faith for travel or other 
     documents necessary to the alien's departure or conspires or 
     acts to prevent the alien's removal subject to an order of 
     removal.

                               H.R. 4437

              Offered By: Ms. Ginny Brown-Waite of Florida

       Amendment No. 8: Add at the end of title II the following:

     SEC. 211. SMALL BUSINESS ADMINISTRATION LIAISON.

       (a) Establishment.--The Secretary of Homeland Security 
     shall establish the position of Small Business Administration 
     Liaison within the United States Immigration and Customs 
     Enforcement.
       (b) Functions.--The Liaison shall, in consultation with the 
     Administrator of the Small Business Administration, ensure 
     that the Small Business Administration does not make or 
     guarantee a loan to an alien who is unlawfully present in the 
     United States.
     
     


[[Page 28428]]

                          EXTENSIONS OF REMARKS
                          ____________________


IN HONOR AND RECOGNITION OF THE 50TH ANNIVERSARY OF THE LEGACY OF ROSA 
                                 PARKS

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KUCINICH. Mr. Speaker, I rise today in honor and recognition of 
the 59th Anniversary of the day that the civil rights movement was 
ignited. On December 1, 1955, Rosa Parks, tired of following societal 
laws steeped in racism and degradation, became a reluctant hero of the 
civil rights movement when she refused to surrender her seat and her 
dignity to a white man on a city bus in Montgomery, Alabama.
  Rosa Parks, a soft spoken, private and hardworking seamstress, was 
immediately arrested and convicted of violating segregation laws. The 
incident drew an immediate and passionate response. With the support of 
the NAACP and civil rights leaders, including Rev. Ralph Abernathy and 
Rev. Dr. Martin Luther King, Jr., African Americans in Montgomery 
boycotted the city buses and declared their refusal to ride the buses 
until the U.S. Supreme Court denounced the Jim Crow laws that continued 
to strangle the soul of America. Thirteen months later, the boycott 
ended when, in November 1956, the U.S. Supreme Court ruled that 
segregation on public buses was unconstitutional.
  The humiliation experienced by Rosa Parks was reflective of a long 
line of human injustices directed upon African Americans by the white 
ruling class since the dawn of our nation. Rosa Parks' simple refusal 
was a monumental act of courage and dignity that cast centuries of 
injustice, ingrained in the foundation of American culture, into the 
clear light of day. She knowingly sacrificed her own safety, the safety 
of her family and her privacy for the greater good. Rosa Parks' 
historic refusal to give up her seat on a city bus set the civil rights 
movement on fire and the power of her simple gesture is as significant 
and relevant today as it was 50 years ago. She remained dedicated to 
the civil rights movement and humanitarian causes until her recent 
death at age 92.
  Mr. Speaker and Colleagues, please join me in honor, recognition and 
memory of Rosa Parks, whose singular life forever changed the world by 
raising the human race into the promise of justice for all. Her quiet 
refusal to surrender represented a million acts of resistance that came 
before her and set a path for those who would follow. Rosa Parks became 
an icon of human rights and her voice joined with a chorus of millions 
demanding freedom from oppression, echoing from the isle of a city bus 
to the hallowed halls of the United States Supreme Court. Rosa Parks' 
quiet act of defiance awoke America from its centuries old slumber of 
ignorance and oppression and her journey will continue to bring hope 
and inspiration to those still fighting to walk in the light of human 
dignity and justice--in Montgomery, Alabama, across our country and 
around the world.

                          ____________________




                     HONORING 8TH STREET SANCTUARY

                                 ______
                                 

                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. STEARNS. Mr. Speaker, during this season of charitable giving, I 
am proud to highlight the efforts of citizens in my district. In 
downtown Jacksonville, there is a haven for children living in poverty. 
The Sanctuary on 8th Street's mission is to encourage and empower 
children to become strong and independent by ministering to their 
physical, intellectual, social and spiritual needs.
  Last month, the community rallied around this outreach in a 
remarkable way. When the mother of one of the youths tragically passed 
away, the community gathered funds to make funeral services possible. 
Due to their giving, the family was able to say their goodbyes to 
Latricia Ann Spencer on November 18th.
  The Sanctuary on 8th Street received even more money than needed, 
from which they created the Spencer Fund. This emergency fund will 
provide funeral services for other families in need. This is an 
inspiring example of what individuals can achieve for their neighbors, 
and I commend everyone involved.

                          ____________________




                JOE CASAZZA: A FIRST-RATE PUBLIC SERVANT

                                 ______
                                 

                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. FRANK of Massachusetts. Mr. Speaker, almost exactly 38 years ago, 
as I was beginning my work as the Executive Assistant to newly elected 
Boston Mayor Kevin White, who was to take office on January 1. I 
watched as he went through a very careful and thoughtful process of 
selecting high officials for his new administration. One of the most 
important jobs in any municipal government is that of Public Works 
Commissioner--no city official in Boston has more of an impact on the 
quality of life of the people who live there. It is a difficult and 
demanding job, especially in a city like Boston that is one of the 
oldest in the country and has both the benefits and defects of great 
age.
  There were several very highly qualified applicants for the position 
of Public Works Commissioner. I remember in particular an individual 
who had extremely high academic qualifications, and at the time I was 
myself impressed by the extent to which this individual would bring a 
full understanding of modern technology to the job. The Mayor was also 
impressed with him, but he was even more impressed with a--then--young 
official from a nearby town, who had been Public Works Commissioner in 
that town. His name was Joseph Casazza. One of the things about Kevin 
White that made him a great leader was the seriousness with which he 
approached the appointment of high officials; I was struck also by his 
good judgment in deciding who would best fit, and in his understanding 
of the importance of putting together a balanced team where people 
would have different strengths, in some cases offsetting what might be 
weaknesses in others.
  One result of this process was his selection of Joe Casazza, and it 
is a tribute to Kevin White's judgment that as Joe Casazza now retires, 
after 37 years in this very difficult job as Public Works Commissioner 
of Boston, he is widely recognized for the superb public service he has 
provided the people of the City.
  Mr. Speaker, too often people denigrate those who have chosen to work 
in the public sector. Knowing Joe Casazza as I do, and having watched 
him over the years, I have no doubt that he could have been an 
extraordinarily successful private sector employee, earning far more 
over his lifetime than he did as the Public Works Commissioner. But his 
dedication to the well being of his fellow citizens was such that he 
stayed in the public sector for his entire working career and it is not 
at all surprising that his understandable decision to retire is greeted 
with deep regret by those of us who have benefited from his service.
  Mr. Speaker, I want to add my words of praise to Joe Casazza--an 
extraordinary man who has had an extraordinary career in the public 
service.

                          ____________________




CONGRATULATIONS TO THE MIDWAY MIDDLE SCHOOL SELECT BOYS' CHOIR ON THEIR 
                EXEMPLARY PERFORMANCE AT THE WHITE HOUSE

                                 ______
                                 

                           HON. CHET EDWARDS

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. EDWARDS. Mr. Speaker, I rise today to honor the Midway Middle 
School Select Boys' Choir following their exemplary performance at the 
White House Monday, December 12, 2005. Out of the 150 choir groups from 
across the country who submitted recordings to First Lady Laura Bush's 
office for consideration, the Midway Middle School Select Boys' Choir 
was

[[Page 28429]]

1 of only 40 choirs to earn the right to perform at the White House 
this Christmas season.
  Director Tammy Benton and the Midway Boys' Choir are in select 
company because of their excellence and achievement and I was proud to 
support their efforts to sing at the White House for Christmas. During 
this special time of celebration, it was my privilege to help bring 
some unique blessings from central Texas to Washington. It was also a 
special privilege to able to give them a tour of our Nation's Capitol, 
many for the first time.
  There is no doubt that their hard work and dedication to choir 
instilled in them by their director, Tammy Benton, will continue to pay 
dividends for the rest of their lives.
  I sincerely congratulate them and wish them well in all their future 
endeavors.

                          ____________________




                          HONORING HARRY BOTT

                                 ______
                                 

                          HON. ELIOT L. ENGEL

                              of new york

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. ENGEL. Mr. Speaker, Harold Bott is a lifelong resident of the 
Bronx, the son of immigrant parents, who has worked to make his home 
borough a better place for all. He followed his father into the 
plumbing business, eventually establishing a successful contracting 
company. But he never forgot his community and his efforts to help were 
continual and tireless. He moved to Woodlawn in 1972 with his wife 
Loretta and their two children and he brought that same sense of 
community to his new neighborhood. He organized the annual 239th Street 
Block Party, which was a success every year. He worked with the Boys 
Club, organized and assisted with the June walk, the placement of flags 
on Katonah Avenue, the Christmas display, and also served as president 
of the Woodlawn Taxpayers Association. He also organized a 9/11 
Memorial Tribute, the annual Veterans Day celebration, and free tennis 
lessons for children. He has given selflessly of himself and has served 
as a role model for how to improve a community. Tonight he is being 
honored for his contributions to the Woodlawn community and I stand 
with the residents of that neighborhood in thanking him for his many 
contributions.

                          ____________________




               IN HONOR AND REMEMBRANCE OF RITA D. LYNCH

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KUCINICH. Mr. Speaker, I rise today in honor and remembrance of 
Rita D. Lynch, mother, grandmother, great-grandmother, dedicated public 
servant, community activist, and dear friend to many, including myself.
  Mrs. Lynch's passing marks a great loss for her family and friends, 
and also for the people of Cleveland's west side neighborhood, whom she 
served with the highest level of commitment and integrity. For nearly 
30 years, Mrs. Lynch volunteered her time and talents as a member of 
the board of the directors with Cudell Improvement, Inc., a non-profit 
neighborhood organization, working on projects and implementing 
programs focused on uplifting all aspects of the community. Her 
dedication to the organization and to her neighborhood is reflected 
throughout Ward 18 in the City of Cleveland.
  Family, friends, faith and community were central to her life. Mrs. 
Lynch and her late husband, Robert, often worked together on issues of 
neighborhood concern. Her grown children, John and Maryann, were 
instilled with the values of hard work, kindness and giving to others. 
Mrs. Lynch's service to others continues to illuminate the hope and 
promise of a better day for the people of this diverse Cleveland 
community.
  Mr. Speaker and Colleagues, please join me in honor and remembrance 
of Rita D. Lynch. Mrs. Lynch lived life with a generous heart and great 
energy for life. Her legacy of activism and spirit of volunteerism will 
be remembered always, forever reflecting along Detroit Avenue, 
Edgewater Road and Clifton Boulevard, and she will never be forgotten.

                          ____________________




           PEDIATRIC CANCER INROADS AT UNIVERSITY OF FLORIDA

                                 ______
                                 

                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. STEARNS. Mr. Speaker, there is exciting news recently from the 
University of Florida, in Gainesville, Florida, in the fight against 
pediatric cancer. UF scientists believe that they have linked stem 
cells to a certain type of childhood bone cancer. This discovery could 
eventually be the key to treating osteosarcoma, the most common form of 
bone malignancy among children.
  Osteosarcoma is a highly aggressive cancer that kills 40 percent of 
the children diagnosed, most of whom are between the ages of 10 and 20. 
Currently the only treatment is year-long doses of chemotherapy and 
radical surgery. Scientists contend that these stem cells, which have 
also been linked to cancers such as leukemia and more recently breast 
cancer, are the only cells that freely replicate and the ability to 
target these cells will allow doctors to develop new forms of therapy 
that are much less toxic and far less invasive than existing 
treatments. Good work and a hopeful prognosis, UF researchers.

                          ____________________




  CLEAVER EXPLAINS CIVIL RIGHTS-BASED OPPOSITION TO ALITO CONFIRMATION

                                 ______
                                 

                           HON. BARNEY FRANK

                            of massachusetts

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. FRANK of Massachusetts. Mr. Speaker, one of the most thoughtful 
Members to join us in recent years is the gentleman from Missouri (Mr. 
Cleaver) who as a former Mayor of Kansas City makes very significant 
contributions to the work of our Committee on Financial Services, which 
has jurisdiction over urban affairs.
  The gentleman from Missouri is also a civil rights leader, and as a 
minister is very much in the tradition of those in that profession who 
have provided moral leadership in the long and continuing fight against 
racism and its effects. Recently, in the Kansas City, Missouri 
newspaper, The Call, in the issue for the week of December 9th-December 
15th, our colleague laid out in a very persuasive and reasoned fashion 
the objections to the confirmation of Samuel Alito to the Supreme Court 
that arise from his record on civil rights. I believe that this very 
useful analysis makes a significant contribution to the national debate 
on this question and I ask that it be printed here.

                    [From The Call, Dec. 9-15, 2005]

                    Alito: A Threat To Civil Rights

        (By Rep. Emanuel Cleaver II, 5th Congressional District)

       Kansas City, MO.--In a almost every news stqryabout 
     President Bush's latest Supreme Court nominee, Samuel Alito, 
     the subject of Roe v. Wade, the Court's 1973 decision 
     guaranteeing women the right to choose to have abortions has 
     been the focus. Unfortunately, minorities are not receiving 
     ``much information on Alito's awful'' attitudes on issues of 
     civil rights. In fact, a November 14 edition Newsweek, which 
     carned a seven page story on Alito, did not bother to discuss 
     civil rights.
       One case that sheds badly needed light on Alito disgraceful 
     civil rights record involved Beryl Bray; an Africa American 
     housekeeping, manager at a Park Ridge, N.J. Marriott Hotel. 
     Ms. Bray appealed to a trio of federal judge's that she had 
     been turned down on a promotion in the Marriott operation 
     because she'' was black. Two judges wrote that enough 
     evidence had been presented to, justify a jury trial. You 
     guessed it, Samuel A. Alito Jr. dissented.
       He downplayed the whole matter by writing that the hotel 
     had simply made ``minor-inconsistencies'' in how they handled 
     hirings; Alito went further in, saying that it would be 
     unfair to allow ``disgruntled employees to impose the cost of 
     trial of employers who, although they have not acted with the 
     intent to discriminate, may have treated their employees 
     unfairly.''
       The two judges with a different view of the case felt so 
     strongly about their evidence that they broke. With tradition 
     and actually criticized Alito's written opinion. According to 
     this fellow judges in Bray v. Marriott hotels, Alito's 
     position would have ``eviscerated'' legal protection under 
     Title VII of the Civil Rights Act. The majority said that 
     Alito's position would protect employers from suit even in 
     situation where ``the employer's belief that it had selected 
     the ``best'' candidate ``was the result of conscious racial 
     bias.'''
       In a 2001 racial discrimination case, Alito, cast the 
     deciding vote and wrote the opinion in a 2-1 ruling that 
     rejected claims by African American defendant who had been 
     convicted of feloy murder by an all-white jury from which 
     black jurors had been impermissible struck because of their 
     race.
       The full Third Circuit reversed this ruling, and the 
     majority specifically criticized Alito for having compared 
     statistical evidence about the prosecution's exclusion of 
     blacks from juries in capital cases to an explanation of why 
     a disproportionate number of recent

[[Page 28430]]

     U.S. Presidents have been left-handed: Judge Dolores 
     Slovitar, in Riley v. Taylor wrote that Alito overlooked the 
     obvious fact that there is no provision in the Constitution 
     that protects persons from discrimination based on whether 
     they are right handed or left-handed. To compare the striking 
     of jurors based their race is to minimize the history of 
     discrimination against prospective, black jurors and black 
     defendants.
       My colleague, Congresswoman Eleanor Holmes Norton, a former 
     head of the U.S. Equal Employment Opportunity Commission, and 
     a distinguished constitutional scholar in her own right, told 
     me that Alito, in her opinion is dangerous to civil rights.
       Ms. Norton has studied Alito's, opinions and has led the 
     Congressional Black Caucus in its opposition to the extremely 
     conservative judge. Senator Edward M. Kennedy (D- Mass.) has 
     stated through a spokeswoman that: ``.  .  . when it comes 
     down to it, he's on the wrong side of civil rights.'' I 
     strongly agree with the Senator. I reviewing the opinions of 
     Alito, even with my law laity status, I have concluded beyond 
     logical challenge, that this nominee has repeatedly made 
     difficult for those claiming to have been victims of 
     discrimination to prove it or to even get a trial.
       Should Alito receive Senate confirmation, he will replace 
     retiring Justice Sandra Day O'Connor who often cast the 
     critical swing vote that protected civil rights. Alito's 
     addition to the Court means that it will clearly move to the 
     right. With affirmative action, Voting Rights Act 
     reauthorization and other issues likely to be considered by 
     the Supreme Court, it would behoove minorities and people of 
     good will to seek additional information, should they desire 
     such, and in the opinion of the 60's soul group Charles 
     Wright and the Watts 103 Street Rhythm Band, ``Express 
     Yourself!''

                          ____________________




 IN HONOR OF DR. JULIAN M. EARLS, DIRECTOR, NASA GLENN RESEARCH CENTER

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KUCINICH. Mr. Speaker, I rise today in honor and recognition of 
Julian M. Earls, upon his retirement as Director of the National 
Aeronautics and Space Administration's (NASA) Glenn Research Center in 
Cleveland, Ohio. Dr. Earls' service at NASA Glenn reflects 4 decades of 
leadership, accomplishment and discovery.
  Dr. Earls' exemplary service and expertise within the ever-
transforming frontier of space aeronautics began at NASA Glenn in 1965 
and is a legacy that spiraled from a brilliant academic foundation. He 
earned a bachelor's degree in physics from Norfolk State University, a 
master's degree in radiation biology from the University of Rochester, 
School of Medicine and Dentistry, and a doctorate degree in radiation 
physics from the University of Michigan.
  His exceptional standing at NASA Glenn was framed by integrity, 
vision, innovation and accomplishment. His incredible intellect was 
equally matched by his congenial nature and his ability to form vital 
bonds with staff members and with local, national and international 
leaders in the field of aeronautics. Dr. Earls' work included the 
development and direction of programs necessary to accomplish the 
missions of the Center. His work spanned the scope of research, 
technology, and systems development programs in aeronautical 
propulsion, space propulsion, space power, space communications, and 
micro-gravity sciences in combustion and fluid physics. Dr. Earls has 
written for 28 educational and technological journals and he wrote the 
first health physics guides for NASA Glenn.
  Mr. Speaker and colleagues, please join me in honor and recognition 
of Dr. Julian M. Earls, whose integrity, expertise, commitment and 
leadership has infused energy and possibility throughout all operations 
at NASA Glenn Research Center. His 40-year legacy of achievement and 
leadership will continue to exist as a foundation of learning and 
exploration, where the promise of dreams, discovery and hope take 
flight. I wish Dr. Earls and his family an abundance of good health and 
happiness, today and always.

                          ____________________




  CONGRATULATIONS TO GRANBURY LADY PIRATES' COACH LETA ANDREWS ON HER 
                     RECORD SETTING 1218TH VICTORY

                                 ______
                                 

                           HON. CHET EDWARDS

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. EDWARDS. Mr. Speaker, I rise today to honor a true champion for 
public education and women's athletics, Leta Andrews of Granbury, 
Texas, head coach of the Granbury Lady Pirates' basketball team. Coach 
Andrews recently recorded her 1218th victory, making her the winningest 
girls' high school basketball coach in U.S. history. Since coaching her 
first game in 1962, Coach Andrews has come to personify the values of 
hard work, dedication, and responsibility that she has instilled in her 
players over the years.
  Coach Andrews is now in a category of her own making because of her 
commitment to excellence and unique ability to motivate, mold, and 
mentor young lives. While we honor her coaching success on the 
basketball court, it is her positive example and lasting influence on 
the lives of her players off the court that will be remembered most. 
That remarkable achievement alone is enough to qualify her for anyone's 
hall of fame.
  Coach Andrews's impact on women's athletics will continue for years 
to come. We can all rest assured that Coach Andrews's exemplary mark on 
history will serve as an inspiration for teachers and coaches of all 
sports everywhere.
  At this time, it is my privilege to honor the extraordinary 
achievements of Coach Leta Andrews in her 44 years of coaching and I 
personally want to thank her for the shining example to us all and wish 
her well in future endeavors.

                          ____________________




                  HONORING JERRY AND LILLIAN FRIEDMAN

                                 ______
                                 

                          HON. ELIOT L. ENGEL

                              of new york

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. ENGEL. Mr. Speaker, Jerry and Lillian Friedman are celebrating 
their 50th anniversary, two wonderful people who have worked as much 
for their community as for themselves.
  Jerry was a Brooklyn boy who saw the light and moved to the Bronx. 
There he met Lillian and in 1955 they married. They have two children, 
Evelyn and Stuart, a son-in-law, Mark, and two grandchildren, Sophie 
and Benjamin.
  Lillian was a Girl Scout, and when their daughter was old enough to 
join the Scouts, Lillian became a Girl Scout Leader. Jerry was a Boy 
Scout in Brooklyn, and later a Scoutmaster as part of a 65-year 
relationship with the Scouts.
  They were both involved in their communities. They organized tenant-
help groups, leading to lower rents and improved upkeep of the 
apartments. In Co-Op City in the Bronx they helped to form a building 
association with Jerry eventually becoming a member of the Board of 
Directors and First Vice President.
  Both were also active in local Democratic politics.
  Jerry and Lillian are the kind of people who make a community more of 
a community. I ask all who believe in love to join me in celebrating 
their 50 years together.

                          ____________________




               TRIBUTE TO STATE REPRESENTATIVE MARK HASS

                                 ______
                                 

                             HON. DAVID WU

                               of oregon

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. WU. Mr. Speaker, I rise today on behalf of myself and the people 
of Washington County, Oregon to thank State Representative Mark Hass 
for his service. His enthusiasm, dedication and success can be 
attributed to one simple thing: a love for Oregon. Representative Hass 
chose to turn his compassion into action; to make a real difference for 
Oregonians.
  Mark Hass has served his constituents in Beaverton and the state of 
Oregon with great distinction for the last three legislative sessions. 
In 2001, Governor John Kitzhaber signed into law the Hass Scholarship 
bill which created incentives for businesses to set up scholarship 
funds for employees. Making college more affordable is a passion he and 
I share.
  Mark Hass has fought for and secured more high quality early 
intervention and full day kindergarten in Oregon so our children start 
off with the tools they need to learn and succeed.
  He served as House Whip and as vice-chair on the Revenue Committee 
where he mentored newly elected legislators and became a strong 
advocate for restructuring Oregon's tax system.
  He returns now to private life and to his family, but we are all 
better off today because

[[Page 28431]]

Mark Hass has come forward to serve the State that he loves.

                          ____________________




              IN HONOR AND RECOGNITION OF LUCILLE CRISAFI

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KUCINICH. Mr. Speaker, I rise today in honor and recognition of 
Mrs. Lucille Crisafi, devoted wife to her late husband, Ralph Crisafi, 
devoted aunt and great aunt, and dear friend to many. Let us celebrate 
her life as her friends and loved ones gather in tribute to her 100th 
birthday.
  Mrs. Crisafi grew up in Cleveland's Clark-Fulton neighborhood and 
later moved to Parma. In 1927, she married Ralph Crisafi. Their shared 
values of work, faith, family and community were reflected throughout 
this Westside neighborhood. For many years, Mr. and Mrs. Crisafi owned 
and operated an appliance store, located on the corner of Clark and 
Fulton Roads. Although they never had children, they were devoted to 
their nieces, nephews and the children of the neighborhood, all of whom 
affectionately referred to them as `Aunt Lu' and `Uncle Ralph.'
  Mrs. Crisafi remained in her home 25 years after her husband passed 
away. Her life-long spirit of activism and volunteerism with St. 
Rocco's Catholic Church continues to uplift all aspects of the parish. 
She has been an active member of the Holy Family Sodality of St. 
Rocco's for 72 years and served as the Financial Secretary for nearly 
20 years.
  Mr. Speaker and Colleagues, please join me in honor and recognition 
of Mrs. Lucille ``Aunt Lu'' Crisafi, as we join her in celebration of 
her 100th birthday on December 13. At 100 years young, Mrs. Crisafi's 
sharp intellect, quick wit, kind smile and spirit of love and 
generosity for others shine brighter than ever and continues to 
illuminate the hearts of friends and family along Clark Avenue, 
throughout St. Rocco's parish, in Parma, Ohio and far beyond. I wish 
Mrs. Crisafi a joyous birthday and many blessings of peace, health and 
happiness today and always. Cent' Anni, Aunt Lu.

                          ____________________




                    TRINITY CATHOLIC CONGRATULATIONS

                                 ______
                                 

                           HON. CLIFF STEARNS

                               of florida

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. STEARNS. Mr. Speaker, it is with great pleasure that I rise today 
to congratulate Trinity Catholic High School of Ocala, Florida on its 
first-ever football state championship.
  On Saturday, December 3, the Celtics completed an undefeated season 
by defeating Pahokee High School 37 to 30 in front of 4,327 fans at 
Florida International University to clinch the Class 2B state title.
  Coach Kerwin Bell and his Celtics became the first team to bring a 
state championship in football to Marion County since 1979 in only the 
fourth year of the program's existence. The Celtics' season slogan, 
``It's our time,'' embodied the determination that they showed in 
pursuing their goal. Despite a furious comeback by Pahokee to tie the 
game in the 4th quarter, the team pulled together and prevailed in a 
game that came down to the final whistle. The hard work of this group 
of young men has served as an inspiration to Ocala and Marion County 
and I congratulate them by saying, ``It is your time.''

                          ____________________




  IN RECOGNITION OF TATIANA HORUNOWYCZ VONDERSAAR AND RUSSIAN HERITAGE

                                 ______
                                 

                         HON. MICHAEL BILIRAKIS

                               of florida

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. BILIRAKIS. Mr. Speaker, I rise to pay tribute to Tatiana 
Horunowycz Vondersaar and Russian Heritage on the occasion of the 10th 
Annual Russian Heritage New Years Celebration, January 15, 2006. Mrs. 
Vondersaar's contributions to the Russian community have touched 
countless lives. It is a pleasure to pay tribute to this illustrious 
community leader and, of course, to all Americans of Russian heritage 
who have offered so much to our great Nation.
  There is no doubt that America has become great because the American 
people are great. Coming from all parts of the globe and from humble 
beginnings, the average American is a priceless gift to our society and 
world. Without the common citizen, America would not have assumed the 
uncommon role she enjoys among the nations of the earth. Among these 
citizens are the proud and humble people of Russian heritage who are 
precious gems in the American mosaic.
  I can think of no better example of this unique heritage than Tatiana 
Horunowycz Vondersaar, who has tirelessly promoted Russian heritage 
among the citizens of the great State of Florida. Mrs. Vondersaar is a 
former president and board member of the Russian Heritage located in 
St. Petersburg, FL. The Russian Heritage was established to preserve 
and promote Russian heritage, culture and educational programs among 
family, friends and neighbors.
  Volunteering her time and talents to better the lives of others, Mrs. 
Vodersaar has been active on numerous committees and boards. She 
represented the St. Petersburg International Folk Fair Society, SPIFFs, 
promoting Russian heritage and culture. Mrs. Vondersaar has worked with 
the Police Athletic League and educated students about the influence of 
Russian customs and traditions. She has lectured at St. Petersburg 
College and volunteered her time at the Salvador Dali Museum. Mrs. 
Vondersaar has served as a translator for Russian immigrants for the 
public defender's office, assisted the elderly, and participated as an 
active and leading member at St. Andrew's Russian Orthodox Church. She 
also has served as treasurer of the Association of Russian Cadets, and 
board member of the Russian American Club.
  Mrs. Vondersaar and her husband Lee, a courageous veteran of World 
War II, are the proud parents of 6 children, 14 grandchildren and 2 
great grandchildren.
  I want to commend Russian Heritage and its President Bill Parsons for 
their leadership in raising awareness of the rich contributions of 
Russian Americans to the United States. I ask my colleagues to join me 
in honoring all Americans of Russian descent and particularly Tatiana 
Horunowycz Vondersaar, whose spirit and dedication serve as a model of 
commitment to us all.

                          ____________________




 TRIBUTE TO 113TH ENGINEER BATTALION OF THE INDIANA ARMY NATIONAL GUARD

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. VISCLOSKY. Mr. Speaker, it is with great pride that I rise today 
to pay tribute to the 113th Engineer Battalion of the Indiana Army 
National Guard, and welcome them home after 1 year of serving our 
country heroically in Iraq.
  Upon arrival, the 113th was nicknamed the ``Ironman Battalion'' 
because of their links to northwest Indiana's steel industry. And 
throughout the past year, these Iron men and women have shown a 
dedication to their mission, and a commitment to their country that 
truly is as strong as steel.
  Today Mr. Speaker, I am pleased to announce that soldiers of the 
113th are coming home--coming home to be with their family and friends; 
coming home to be with their wives, husbands, sons, daughters, mothers 
and fathers.
  Based in Mosul, Iraq since last year, the soldiers of the 113th made 
heroic missions a part of their daily routine. They located and 
detonated improvised explosive devices, reinforced police stations and 
conducted combat patrols.
  The service of these men and women has not been without sacrifice. 
Over 40 Purple Hearts have been awarded to the 113th battalion, each 
serving as a reminder of the dangers our soldiers face every day.
  I welcome these soldiers home. I thank them for their service and 
sacrifice to our Nation, and I pledge that our support for them is 
equal to the sacrifice they have shown our country.
  Mr. Speaker, the following men and women of the 113th have bravely 
served their Nation in Iraq, and I am honored to submit their names for 
the Congressional Record:

       Rodolfo Alfaro Jr., Jose Luis Andujar, Erendira B. Ayala, 
     Robert Kenneth Banaszak, Lechia Tiara Banks, Timothy Patrick 
     Bishop, Jerry Joe Blackford, Ernest Lee Boyles, Steven Ravey 
     Brumfield, Travis Allen Byrd, Andre Steven Carr, Jason Allen 
     Carrera, Luis Valentin Castro, Johnathan Michael Clabbers, 
     Joseph Earl Collins Jr., Jonathon C Creviston, Michael Brian 
     Daake, Keenon Carlton Davis, Walter Joseph Dinga Sr., Dennis 
     Shawn Eastman, David Michael Eckhard, Tyler Jacob Egli, 
     Saleem Amin Elamin, Wesley Etchison, David James Evans, David 
     Paul Evans, Steven Edward Francher, Anthony Lee Fleming, John 
     Paul Furman III, Jennifer Arlene Graves, Justin

[[Page 28432]]

     K Greentree, Michael Crispin Guajardo, Karl Eugene 
     Hausenfleck, Shalonda Moniece Henderson, Andre Terrell 
     Hillard, Paris H. Holeyfield, Richard Jakubowicz, Steven John 
     Jesuit, Bradford Shawn Jones, William Michael Rich Kalina, 
     Douglas Paul Kinger Jr., Gary Bernard Kinney Jr., Joshua 
     Daniel Koch, Thomas Kopanda, Thomas Edward Kren, Mark 
     Lathrop, John Lindsey, William Charles Mackey, Anthony Romon 
     Madry, Garrett Emon Marshall, Leo Sharpe Marshall, Scott 
     Arnold Marshall, Nicole Dionne McCant, Gregory Quinn McHenry, 
     Terry Dionne McQuay, Lester Dwayne McSwain, and James Allen 
     Miller.
       Keith Allen Miller, William Moses Milligan, Joshua Arvino 
     Miranda, Johnny Melvin Mitchell, Rodney Dean Mitchell, 
     Leticia Marie Montez, Lawrence Edward Nemcek II, Steven 
     Charles Patterson, Melvin Pennington Jr., Jorge Antonio 
     Perez, Ricky Lee Phillips, John Edward Pitt, Peter Alan 
     Pizarek, Thomas Michael Prosser, Mark Steven Reimer, Tommy 
     Wade Roeske, Felicia Ronay, Briggs Obrian Rumph Jr., Alvaro 
     Eneas Saenz, Berris Fitzroy Samuels Jr., Paul Randolph Scott 
     Jr., Richard Dean Shatto, William Michael Sideris, Loretta 
     Silvers, Larry Smith, Leroy Smith Jr., Jeffrey Scott 
     Springer, Henry Louis Stone, Dawn Theresa Swantko, Michael 
     William Thomas, Samantha Nicole Thomas, Johnny A. Trinidad, 
     Michael Ralph Via, Dontreal Walters, Paul Nathaniel 
     Wilderness, Demond Ellis Wilkins, Chery Lynn Williams, David 
     Allen Young, Michael Zinman, Alexander James Baker, Charles 
     Edward Beavers, Sean Peter Begley, Samuel James Benford, 
     Christopher Ryan Boger, Ryan G. Bowerson, Steven Anthony 
     Bramer Jr., Adam Joseph Branson, Johnathan Leon Bright, Aaron 
     A. Brown, Charles Paul Bruce, Michael Joseph Brunsman, Joshua 
     Scott Buikema, and Max Allen Colestock.
       Angel Luis Colon, Lasean Antowine Colter, Michael George 
     Coughlin, Corrie Alexander Covelli, David James Croyle, 
     Anthrice Arnez Culp, David Donald Davis, Earl Ernest Deal 
     Jr., Tony Chang Dicharia, Tywan Tremain Dickerson, Ryan 
     Patrick Eder, Matthew Bernard Flaherty, Matthew Alan Gabrano, 
     Joseph Maxwell Gibbs, Mitchel Glover Jr., Michael Aloysius 
     Goin, James Frederick Grauvogl, Elijah David Alvis Gray, 
     Michael Guz, Donald James Adams, Rex E. Agness, Jason Ray 
     Amstutz, Ian Thorne Armstrong, Christopher Brian Aviles, 
     Thomas Shawn Baker, David Matthew Barker, Michael Bauman, 
     Kevin Lee Bell, Tracy Red Bell, Justin Lee Bladecki, Ronnie 
     L. Bond, Shaun Alan Casto, Byron Scott Chambers, Charles 
     Scott Clabbers, Juba Akilaerveal Cochran, Robert Allen Craft, 
     Gary Allen Cravens, Adam Lee Davis, Craig Mathew Dryden, 
     Spencer Lee England, Brian Dean Farlie, Joshua Aaron Filson, 
     Shaun Fitzpatrick, Timothy Alan Fort, Steven Franklin Foss, 
     Daniel Trent Gakle, Brian Keith Gardner, Randy Jay Gauck, Joe 
     Gomez, John Geoffrey Grafton, Christoff Mathew Haglund, 
     Willim Lee Hayes, Michael DeWayne Heffner, David Scott Hitz, 
     and Matthew John Hooper.
       William Austin Jarret, David Pascal Johnson Jr., Dean 
     Arthur Jones, Stefen Michael Kaur, Joseph Ralph Kolosci Jr., 
     Andrew Kovats, Jason Michael Landfald, Ricky Lawson, Jared 
     Douglas Leinart, Kyle Lewis Leonard, Israel Lopez, Michael 
     Paul Ludwig, Aaron James Malerich, Jonathan Joseph Martin, 
     Mark Andrew Masters, Kenneth Edward Maynor, Carey Allen 
     McCrary, Jerame Edward Miller, Dale Allen Muzik Jr., James 
     Byron Newland, Charles Carlon Odle Jr., James Kenneth Papay, 
     James Robert Parker, David Lee Peer, David Scott Pegg, 
     Gregory Allen Perra, Harold Thomas Petri Jr., Paul David 
     Price, Franklin Allen Reed Jr., Jason Keith Reed, Brian 
     Michael Richmond, Robert Rollins, Daniel Gabriel Ronay, Aaron 
     John Rosenfeld, Brian Michael Sardeson, Andrew Kevin Scalf, 
     Harrold Allan Schrimsher, Damon Alan Schroeder, Blaine Daniel 
     Schultz, David Sendejas Jr., Thomas Alan Sergent, Sean 
     Patrick Smiertelny, Carl James Smith, Gayle Thomas Smith, 
     Brett Robert Sobiski, Donald Jeffery Spoor, David Michael 
     Stone, Derek William Surowiec, James Raymond Swanson, Timothy 
     Michael Vaclavik, Omar Velez, Rodney Allen Wells, Scott Allen 
     Williams, and Cameron Mitcheal Wright.
       Marlin Lee Lloyd Wunder, Anthony Derrell Alston, Brandon R. 
     Antkowiak, Ryan William Ayres, Derek Michael Barragan, James 
     Basinger Jr., Kevin Joseph Bell, Matthew James Bisig, Gary 
     Robert Blake, Jason Paul Blunt, Jacob Ronald James Boyd, 
     Kevin Briskey, Kirk Joseph Brownson, Chandler Clint Cahoon, 
     Tomas Ignacio Canchola, James Edward Cash, Patrick Gerard 
     Cleary, Delbert Lee Clem, Rodrice Lenall Cole, Edward T 
     Cooney, Jason Michael Cribari, Jose Luis Cuadra, Clyde 
     Leonard Daniel, Brian Douglas De1court, Rene Delgadillo, 
     Billy Joe Dixon, Matthew Jason Farner, Richard Flores, 
     Richard Paul Freeman, Mark Allen Gerber, Jason Alexander 
     Hefner, Michael Alexander Hermann, Patrick Jermaine 
     Hernandez, Christofer D. Hoyum, Jamie Darrell Jarboe, Michael 
     Jonson, Chester Lee Jones Jr., Michael Ryan Jones, Richard 
     Joseph Kerr Jr., Daniel Gerard Kirby, John Harold Koch, 
     Stephen Kometz, David John Kozinski, Rodney Allen Kreft, 
     Melvin Oswaldo Lira, William Lito Loubriel II, John Quincy 
     Lubbe, Rick Allen Marino Jr., Brien Michael McCartney, Ivan 
     Lamont McIntosh, William Everett McKee III, Matthew Lawrence 
     Mitchell, Jason Moody, Michael Raymond Murray, Spiro David 
     Olympidis, Kenny Wayne Parks, and David James Phillips.
       Jon Robert Pitts, Thomas Duane Rankin, Douglas Alan Ricca, 
     Wesley Aaron Robertson, Samuel Victor Rogowski, William John 
     Schissler II, Ryan Scott, Deon Scott, Anthony Joseph Schultz, 
     Robin Laurence Siems, Andrew Wayne Sigler, Christopher Alan 
     Smith, Bartholomew Smith, Adam James Stewart, Jerry L. Sumner 
     Jr., Zoltan Louis Szabo, Marion Otis Thatcher, Jose Anthony 
     Trujillo, Frank Hobert Turner III, Theodore Widin Uzelac Jr., 
     John M. Villegas, Jerod Lee Wagner, Jerome Nathaniel Watts, 
     Kenneth Paul Wells III, Dane Emerson Wheeler, Patrick 
     Williamson, Lamar Benjamin Wilson, Walter Johnson Wright Jr., 
     James Ewel Yacconi, Benjamin Thomas Zimmermann, Yvette Bell, 
     Melissa T. Elliot, James Austin Gazaway, Steven Randall 
     Hines, Kevin E. Kuwik, Paul Timothy South, Reynaldo Benjamin 
     Urra, James Nelson Marker, Charles Richard Socks, Somsack 
     Thanthima, Keith Mark Hall, Matthew John Hamater, Ruben Haro 
     Jr., Demetrius Demonte Henderson, Jaime Demetrio Hoch, 
     Matthew Scott Hopkins, Allen David Hughes, Charles Edward 
     Hunter III, Muain Issa, Alvino Luis Jaime, Robert Anthony 
     Jaso, Derrell Donte Jenkins, William Robert Johnson II, Kerry 
     Kinney, and James Foster Knight.
       Nicholas John Kowalczyk, David Marshall Kuzmar, Luis Andre 
     Landecho, Dean Lane, Vincent Isaac Lenart, Kevin Lee 
     Littlejohn, Jason Elliot Loebbaka, Angel Miguel Lozano, 
     Darnell Porter Malone, Thomas Martinez, Brandon Thomas 
     McCormick, Robert William Metcalf, William Arnett Mills Jr., 
     Sean Minard, David Ernest Moake Jr., Donald Marvin Mull, 
     Stephen Michael Otten Jr., Brian Scott Panzik, Gershom 
     Richard Parr III, Bruce Wayne Pierce II, Gregory Allen 
     Potter, Carlos Reyes, Jody Van Roberts, James Michael 
     Robinson, Aaron Shane Santonelli, Julian Anthony Scott, 
     Ashley Cole Sharp, Richard Smart, Terry Alan Specyal, Mark 
     Thomas Tegtman, Jeremy Thomas, Jose Angel Tovalin, Enrique H. 
     Uribe Jr., Aaron Michael Vance, Joseph Edgard Vedette, 
     Michael Edgard Vician, Cornelius Horace Weathers, Aaron 
     Michael Webb, Travis Lane Wheatley, Daniel Kareen Wiley, 
     Larry V. Williams Jr., Danile James Wills Sr., Bryan Thomas 
     Zabrecky, Leonard Leroy Cottom, Paul Raymond Gordon, Steve 
     Elias Haddad, Benjamin Matthew Joy, Michael Alan Kieszkowski, 
     Thomas Willard Lamb, Jeremy Aaron Morton, Charles Andrew 
     Pendleton, Peter Ruvalcaba, Alan Gene Scott, John Spann 
     Everett, Derek Randall Sutton, and Alan Earle Thomas Jr.

                          ____________________




                         IN HONOR OF TIM TAYLOR

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KUCINICH. Mr. Speaker, I rise today in honor and recognition of 
Mr. Tim Taylor, award-winning television journalist, devoted family 
man, community volunteer and friend and mentor to many, including me, 
upon the occasion of his retirement that follows more than forty years 
of excellence in broadcast journalism in Cleveland, Ohio.
  Mr. Taylor worked for ten years in radio. For seven of those years, 
he worked as the News Director at WHK Radio, where he covered stories 
ranging from everyday events to pivotal moments in history, including 
the Hough Riots, the Kent State shootings and live coverage of the 
splashdown of the aborted Apollo 13 mission. Mr. Taylor also conducted 
in-depth, one-on-one interviews with Presidents Nixon, Ford, Carter, 
Reagan, Bush and Clinton. His career in TV journalism began in the 
early 1970s at WEWS TV-5, when he became northeast Ohio's first TV 
consumer advocate as ``Action Reporter.''
  For nearly thirty years, Mr. Taylor has led the news team every 
weekday at Fox 8 News. His tenure as Chief News Anchor reflects twenty-
five years of talent, grace and professional integrity. His kind and 
humble nature consistently belied his sharp intellect and keen ability 
to extract reason, truth and a balanced perspective from news ranging 
from heartfelt human interest stories to complex national issues. Mr. 
Taylor was awarded three Emmys and was selected by the National Academy 
of Television Arts and Sciences as a member of the prestigious Silver 
Circle. He is only the second news anchorperson ever honored with the 
Cleveland Association of Broadcaster's ``Excellence in Broadcasting'' 
award.
  Mr. Taylor's unwavering dedication to his profession parallels his 
steadfast commitment to giving back to the community. Among his 
numerous volunteer efforts, Mr. Taylor's thirteen-year involvement with 
the annual Tim Taylor Golf Tournament to Benefit the Epilepsy 
Foundation has raised awareness and

[[Page 28433]]

millions of dollars to assist families and individuals who suffer the 
devastating effects of epilepsy.
  Mr. Speaker and colleagues, please join me in honor, recognition and 
gratitude of my friend, Tim Taylor, whose unwavering integrity and 
talent has permanently raised the bar on broadcast excellence in 
Northeast Ohio and whose genuine concern for others has uplifted our 
entire community. I wish Mr. Taylor, his wife Cathy, children and 
grandchildren much health and happiness today and throughout all days 
to come.

                          ____________________




                     TRIBUTE TO ROBERT L. VON ROCH

                                 ______
                                 

                            HON. BRIAN BAIRD

                             of washington

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. BAIRD. Mr. Speaker, Robert L. Von Roch was born on May 10, 1942 
in New York, New York. The son of a German immigrant father who passed 
away in late 1946, Robert, along with his brothers and sisters, was 
later placed in a Long Island orphanage around 1951. The children grew 
up in that orphanage where Robert lived until he graduated from high 
school and entered Allegheny College in Pennsylvania and enrolled in 
the Air Force ROTC.
  When Robert finished college he entered the United States Air Force 
on September 30, 1964 as a 2nd lieutenant. He later became a captain 
and served in the Air Force until he was honorably discharged as a 
veteran on September 29th, 1968.
  Following his service in the Air Force Mr. Von Roch went on to 
graduate school to pursue a law degree at Villanova. While studying at 
Villanova Mr. Von Roch was recruited to work on security at U.S. 
embassies around the world. Mr. Von Roch was hired to provide security 
at different embassies as well as heading security during construction 
and reconstruction at various embassies. He served in Russia, Finland, 
Jordan and Kuwait, among other countries.
  Robert Von Roch's final assignment was in Africa where he became ill 
and was transported to Vienna for treatment. He was later sent home to 
recuperate fully, but unfortunately Robert never recovered. Mr. Von 
Roch passed away September 3, 2005. His family misses him greatly.

                          ____________________




   HONORING MRS. HELEN CAIRO McCARTHY OF ST. LOUIS DE MONTFORT SCHOOL

                                 ______
                                 

                          HON. DANIEL LIPINSKI

                              of illinois

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. LIPINSKI. Mr. Speaker, I rise today to honor Mrs. Helen Cairo 
McCarthy as she retires from an exceptional career in education.
  Mrs. Cairo-McCarthy has devoted twenty-six years to the Catholic 
education of students in the Archdiocese of Chicago. Just over twenty-
one years of her profession were spent as a teacher at St. Louis de 
Montfort School in Oak Lawn, Illinois.
  St. Louis de Montfort School is located in the heart of Oak Lawn 
Illinois. Since its foundation in 1963 the small, progressive Catholic 
school has been committed to excellence in education and Catholic 
values. A dedicated faculty and staff work diligently to serve students 
in the offered classes, preschool through eighth grade.
  Since 1984 Mrs. Cairo-McCarthy has touched countless lives with her 
gentle, caring manner at St. Louis de Montfort. She has taught students 
spanning from grades fourth through eighth, has served as a Eucharistic 
Minister, has been a Minister of Care for the Homebound, has been a 
facilitator of the Rainbows for All God's Children program. Mrs. Cairo-
McCarthy has truly been a tremendous role model for the children as 
well as the faculty, family and friends of St. Louis de Montfort 
School.
  It is my honor to recognize Mrs. Helen Cairo-McCarthy of St. Louis de 
Montfort School for her many achievements both within and outside of 
the classroom, fostering the growth of a community as well as helping 
solidify a foundation for our future. I ask my colleagues to join me in 
extending many wonderful wishes for Mrs. Cairo-McCarthy as she enters 
into retirement. While she may not be in the classroom each day, I am 
sure she will continue to influence many lives throughout her new 
endeavors.

                          ____________________




                       TRIBUTE TO RICHARD P. HOWE

                                 ______
                                 

                         HON. MARTIN T. MEEHAN

                            of massachusetts

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. MEEHAN. Mr. Speaker, I rise today to honor Richard P. Howe for 
his 40 years of public service to the City of Lowell. Richard P. Howe 
is a community leader, political activist, and dear friend.
  The story of the city of Lowell is a cycle of rise and decline, a 
constant struggle to revive and then maintain the local economy and to 
always improve the quality of life of its residents. During the past 
decade, Lowell has been in the ascent. The fully occupied Cross Point 
office towers, a rejuvenated downtown symbolized by the Bon Marche 
building, a newly constructed ballpark and arena, and 10 new schools 
are the symbols of Lowell's resurgence. Many people contributed to the 
success of these projects. There is one person, however, whose 
leadership was critical to each of these projects and that is City 
Councilor Richard P. Howe.
  First elected in 1965, Howe's electoral accomplishments alone would 
identify him as having great impact on the revitalization of the city 
of Lowell. Tonight marks the end of a 40-year career on the Lowell City 
council. He has been mayor 4 times (8 years) and a city councilor for 
longer than anyone else in the city's history.
  During the first half of his career, Howe's campaign slogan was 
``Keep a strong voice in city government.'' On that note, he never let 
his constituents down. While his critics--not coincidentally the 
targets of his pointed questions and critical comments--called him an 
obstructionist, the voters saw it differently, reelecting him 
repeatedly by comfortable margins. The time of Howe's fiercest 
political battles was also the time of his greatest electoral success, 
topping the ticket on four occasions.
  Finishing first once again in the 1987 elections, Howe was 
unanimously elected mayor in January 1988. In a January 9, 1988 Sun 
article entitled ``Richard Howe: From political outcast to elder 
statesman'' Terry Williams called the veteran councilor's election as 
mayor ``perhaps the most remarkable turnabout in recent Lowell 
history.'' Williams, however, ended with a question:

       But will Howe, who made a career as a critic, be 
     ``comfortable'' in his new role? And more importantly, will 
     he be as effective as a leader as he was a dissident? The 
     answer is critical to Lowell's future.

  Events of the past 17 years have answered that question in the 
affirmative.
  The first test of Howe's leadership abilities came within days, when 
the new mayor attended a hearing in the United States District Court in 
Boston. Judge Robert Keeton was about to place the city's schools under 
Federal control in response to a suit brought by the parents of 
minority students who alleged segregation and unequal treatment in 
Lowell's schools. Acceding to Howe's plea that, having just taken 
office, he needed some time to address the problem, the judge delayed 
the takeover. After numerous meetings, a city team led by Howe 
negotiated a settlement of the suit that prevented the Federal 
takeover. As a result of this desegregation settlement the city was 
able to secure funding for 10 new schools, making the physical plant of 
its school system the envy of every community in the State.
  The city council ratified Howe's leadership by again electing him 
mayor in 1990, the first time in Lowell's history that a mayor served 
consecutive terms.
  School desegregation was not the only problem that made this period a 
turbulent one. The influx of 30,000 Southeast Asian immigrants strained 
the city's resources to the breaking point. During this period, Howe 
made frequent trips to Washington where he persuaded Senator Edward M. 
Kennedy to secure additional funds for the city to ease the strain. 
More importantly, Howe's principled and practical approach to Lowell's 
newest immigrants set the example for the rest of the city. The 
relatively smooth and rapid integration of an enormous population of 
new comers into Lowell's fabric is a remarkable and under appreciated 
story.
  Economic difficulty returned, however. Banks were seized by the FDIC, 
foreclosures abounded, and Wang filed for bankruptcy. City government 
faced a $14 million deficit. The city council of 1992-93 seemed 
powerless--or unwilling--to respond. That all changed with the election 
of November 1993 when the voters elected 6 new city councilors. They, 
in turn, elected Richard Howe mayor.
  Mayor Howe played a major role in putting together the city council 
votes necessary to construct the Paul E. Tsongas Arena and Edward 
LeLacheur Field. No one played a greater role in securing an arena for 
Lowell than

[[Page 28434]]

Paul Tsongas. But Tsongas, whose first vote on the Lowell City Council 
in January 1970 was to elect Richard Howe mayor, realized that unless 
you get a majority vote of the city council, no project would succeed. 
He also realized that Richard Howe, through the strength of his 
personality and the wisdom of his experience, had an unsurpassed 
ability to put those votes together.
  While votes on the arena and baseball park are better known, Howe's 
leadership proved critical to the success of two other and equally 
important projects during this term. The city and the region were 
shocked when the Wang Towers were sold at auction for only $525,000. 
Renaming the complex Cross Point, the new owners needed the city's 
help--in the form of a $4 million letter of credit--to land Nynex as 
its anchor tenant. Viewed in light of Cross Point's subsequent sale in 
1998 for $110 million, the vote on the letter of credit could be viewed 
as a ``no brainer.'' Nothing could be farther from the truth, however, 
because the vote to extend the letter of credit faced substantial 
opposition and succeeded only because of Howe's decisive leadership on 
the floor of the city council.
  This scenario was replayed with the Bon Marche renovations. That 
building, long the anchor of downtown, had stood vacant and decaying 
for years until two local residents proposed its redevelopment. The 
finances would not work without city government providing a major 
tenant. In spite of strong opposition by some members of the school 
committee, Howe persuaded a majority of that board to lease two floors 
of the building for the school department headquarters, and convinced 
the city council to pay a portion of the rent. Bon Marche was a 
success, winning an award for historic preservation; it has resumed its 
former prominence in downtown Lowell.
  In Lowell, during the past 40 years, Richard P. Howe has been a 
strong and independent voice in city government. Cross Point, the Bon 
Marche building, the Tsongas Arena, LeLacheur Field, and 10 new schools 
are monuments to his leadership.

                          ____________________




         CONGRATULATING THE Y.O. RANCH ON ITS 125TH ANNIVERSARY

                                 ______
                                 

                            HON. KEVIN BRADY

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. BRADY of Texas. Mr. Speaker, people leave footprints on the land, 
but as most private property owners in Texas know, land leaves bigger 
footprints on people. The brave families that ventured to Texas when 
Texas was just bare land left an imprint on the land and in the souls 
of all who live in or around the legacies they leave behind. This is 
perfectly embodied in the Historic Y.O. Ranch in the heart of the Texas 
Hill Country. Five generations of the Schreiner family folks have left 
their indelible prints on the Y.O.
  I want to congratulate the Hill Country for taking care of this 
legend and the Schreiner family for continuing the legacy of the Y.O. 
Ranch as they join together in their 125th Anniversary Celebration on 
December 31, 2005.
  This legendary ranch sprang from a young man's dream and his family's 
determination to keep the dream alive. In 1852, 14-year-old Charles A. 
Schreiner arrived in Texas with his family--18 days later his father 
died and for the next 2 years Charles helped his family get by. When he 
turned 16, he enlisted in the Texas Rangers. When he ``retired'' from 
the Rangers 2\1/2\ years later, Charles took up ranching.
  Charles, who was known as Captain Schreiner, began buying up Hill 
Country property and cattle. During this period, more than 300,000 head 
of Texas Longhorns bearing his brand trailed up to Dodge City laying 
the foundation of the Captain's empire. Part of this empire included 
the present day Y.O. Ranch, which the Captain purchased in 1880.
  During his life, the Captain continued to gather land, launch 
successful enterprises and contribute to his community. In 1917, when 
he was 79 years old, the Captain divided his holdings, which included 
566,000 acres of land, equally among his eight children. Walter R. 
Schreiner, the Captain's youngest son, was the owner of 69,000 acres 
located about 40 miles northwest of Kerrville now called the Y.O. 
Ranch. In 1922, Walter married Myrtle Barton a decision that not only 
gave the Y.O. a woman's touch, but another leader.
  In 1933, Walter died, leaving the Y.O. to his wife, Myrtle and his 
young son, Charlie III. When Walter died at the heighth of the Great 
Depression, Myrtle knew nothing about running the ranch, but 
circumstances forced her to learn quickly and to learn well. She 
stepped up to the vast challenge of keeping the legacy alive.
  Myrtle relied on her brother-in-laws, Gus and Louie Schreiner. By 
sticking to cattle, sheep and goats, Myrtle kept the ranch afloat and 
then some. Not bound by convention, in 1943, Myrtle leased the ranch to 
Petty Geophysical Engineering, not for oil and gas exploration, but for 
hunting. She pioneered a practice that has been adopted as an income 
generator on almost every ranch in Texas and has been a vital part of 
the Y.O.'s economic picture ever since.
  Charlie III grew up on the ranch and learned ranching from the ground 
up, preparing to take on his share of the responsibility. In the 
aftermath of the drought of the 50s, Charlie III began his relentless 
pursuit of Longhorns. He had strong feelings for the animals and the 
role they'd played in developing the West and the Y.O. but the drought 
drove home the importance of having a hardy, resilient breed of cattle 
for tough times in tough country. Charlie III not only built the 
largest quality Longhorn herd in the world, but recruited other 
cattlemen to the cause and eventually helped found the Texas Longhorn 
Breeders Association and is widely credited with single handedly saving 
the longhorn breed from extinction.
  Charlie III also undertook another notable conservation project 
providing a home to exotic wildlife a business that other ranchers 
later entered. The first animals released were blackbuck antelope and 
Aoudad sheep, which proved that higher fences were necessary. Today, 
the Y.O. is home to more than 60 exotic species, many of which are 
available for hunting.
  Charlie III didn't introduce exotics with the intention of 
establishing a hunting program, but as the animals thrived and 
reproduced the numbers had to be managed. Plus, hunting is another 
source of revenue and is a vital part of the ranch's newest undertaking 
the people business. Other wildlife includes white-tailed deer, wild 
hogs, wild turkey, axis deer, eland antelope, sika deer and fallow 
deer.
  Charlie III and his sons, Charlie IV, Walter, Gus and Louis, over the 
years, diversified into photography safaris, Y.O. Adventure Camp for 
children, corporate retreats and the Y.O. Ranch Steakhouse in Dallas's 
West End. But perhaps the biggest foray into this area came in 1986, 
when the Schreiner family set aside 11,000 acres to be sold as home 
sites for people who weren't born on the Y.O., but wanted to get to the 
Hill Country as soon as possible. The Schreiner family has worked hard 
to make it easy to for people to call the ranch home. Inside the high 
fence that surrounds Y.O. Ranchlands, buyers can choose from tracts 
ranging from 50 acres to 125 acres, all of which showcase the Hill 
Country's rugged beauty.
  The ranch, then and now, survived strictly on the skills, creativity 
and determination of the owners. Fighting off Indians, outlaws, Wars, 
The Depression, Droughts, Estate Taxes, Divorces and Mother Nature, 
generations of Schreiners--and now landowners who've ``joined the 
family''--continue to care for the beautiful Hill Country of Texas and 
preserve Texas's proud ranching heritage.
  I wish Charlie IV and the rest of the Y.O. Schreiner family (all 17 
of them) the best of luck in the future and am proud to congratulate 
the Y.O. Ranch on its 125th Anniversary.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. HENRY J. HYDE

                              of illinois

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. HYDE. Mr. Speaker, on December 13, 2005, I was absent for several 
votes for personal reasons. Had I been present, I would have voted: 
vote No. 623, Korean American Day, ``yes''; vote No. 624, Presidential 
$1 Coin Act, ``no''; vote No. 625, Small Public Housing Authority Act, 
``yes.''

                          ____________________




                  TRIBUTE TO EDWARD A. ``ED'' PENICHE

                                 ______
                                 

                       HON. JOHN ABNEY CULBERSON

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. CULBERSON. Mr. Speaker, I rise today to honor my constituent, 
Edward A. ``Ed'' Peniche, of Houston, Texas. He has made an 
immeasurable contribution to America through two outstanding careers--
first with the U.S. Army as an airborne soldier, and following his 
military retirement--achieving advanced degrees that enabled him to 
embark on a second career as a college professor. This career has been 
the fulfillment of Ed's childhood dreams for a better life.
  Ed was born on June 25, 1925 in Progreso, Yucatan, Mexico. He was the 
oldest of eight

[[Page 28435]]

children. His parents were not highly educated, but they instilled in 
their son the value of an education. To that end, he immigrated to the 
United States on December 7, 1942 on a student visa to pursue education 
that was what was not available to him in Mexico.
  Ed arrived in Paducah, Kentucky with four dollars in his pocket and 
stayed with an aunt and uncle while attending high school. During this 
time, World War II was being fought, and on September 27, 1943, Ed 
entered active duty with the U.S. Army. He was trained as an airborne 
infantryman, and served with valor in combat from shortly after D-Day 
to VE-Day (Victory in Europe.)
  Ed is very proud of his airborne training, which instilled in him a 
``can do'' attitude despite all adversities. He served proudly and 
heroically with the 101st Airborne Division during the Battle of the 
Bulge, which started on December 16, 1944. This was the greatest battle 
in the European Theater of World War II. Victory came with ferocious 
fighting at a cost of thousands of American casualties, but it provided 
a opening for General Patton's Third Army to march into the heart of 
Germany, which ultimately led to the unconditional surrender of the 
Nazi regime on May 8, 1945.
  Ed was in Bastogne for eight days to hold the town despite repeated 
German ground assaults, continuous artillery and rocket bombardment, 
sub-zero temperatures, and bad weather conditions that prevented Allied 
air power from supporting the surrounded Americans. Despite these 
conditions, the 101st Airborne Division courageously held their ground 
and General McAuliffe famously replied ``Nuts!'' to the German 
Commanding General's offer to accept surrender or face immediate 
annihilation.
  Ed was wounded in combat action on January 3, 1945 at Longchamps, 
Belgium, for which he received the Purple Heart Medal. He was assigned 
to a 57 mm anti-tank gun that was credited with knocking out three 
German tanks, and supported the destruction of seven other enemy tanks 
before an exploding German shell destroyed Ed's gun. Despite his own 
wounds, Ed voluntarily exposed himself to enemy fire to report the 
situation and guide medical aid men to the casualties in his unit. For 
his heroism on that day, he was awarded the Bronze Star Medal with 
``V'' device indicating his personal valor in the engagement. Ed was 
also awarded a second Bronze Star Medal for meritorious achievement in 
ground combat against enemy forces in the European Theater of 
Operations.
  After the war, Ed served a brief stint in the Mexican Army and was 
co-founder of their Parachute School. He returned to the U.S. in 1952, 
and re-enlisted in the U.S. Army. Ed became a U.S. citizen on February 
25, 1953, and on October 6 married Lois Dean ``Deanie'' Baggett of 
Paducah, KY. They had three sons, John, Carlos and Frank, six 
grandchildren to complete Ed and Deanie's family circle.
  Ed completed his undergraduate degree by taking night courses while 
he served on active duty. He was awarded an AA degree in Liberal Arts 
from George Washington University in 1966, and a BGS degree in 
Political Science and History from the University of Nebraska-Omaha in 
1969. An extended tour of duty in Vietnam lasted from January, 1959 to 
July, 1962. He was awarded the Joint Services Commendation Medal, Army 
Commendation Medal, and Good Conduct Medals prior to his retirement 
from active duty as a U.S. Army Sergeant First Class in 1970.
  Retirement allowed Ed to pursue graduate work full time at Murray 
State University in Kentucky. He was awarded a MA degree in Spanish-
American Literature in 1971. Additional graduate work was done at the 
University of Virginia and the University of Texas.
  Ed was a college professor at Central Virginia Community College in 
Lynchburg, Virginia for 22 years, and was awarded the title of 
``Professor Emeritus'' on May 14, 1996. He was also a professor at 
Kingwood College, Texas until he retired from active teaching at the 
age of 74. He keeps busy by speaking at veterans' events and attending 
memorial commemorations honoring his fallen comrades at the Battle of 
the Bulge in Longchamps, Belgium.
  Edward A. Peniche is the embodiment of the ``American Dream.'' He 
achieved his ambitions through hard work and self-motivation, and the 
tireless support of his wife Deanie. Ed has said on more than one 
occasion ``I am most proud that I lived the American dream. This is the 
greatest country on earth!''
  Mr. Speaker, I am very proud to honor Ed Peniche's many lifetime 
achievements, and wish him and his beloved Deanie much happiness and 
good health in the years to come.

                          ____________________




  HONORING THE PERFECT FOOTBALL SEASON OF THE TROUSDALE COUNTY YELLOW 
                                JACKETS

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. GORDON. Mr. Speaker, today I rise to recognize the championship 
season of the Trousdale County Yellow Jackets. The Yellow Jackets 
brought their perfect season to an end by winning the 2005 Tennessee 
Secondary School Athletic Association's Class 1A state championship.
  Residents of Trousdale County, Tennessee, can be proud of their 
Yellow Jackets. Through determination and hard work, the team dominated 
their opponents with five shutouts and finished the season with a 
perfect 15-0 record.
  In the state title game, the Yellow Jackets went on a rampage, 
scoring seven touchdowns and holding the Union City Golden Tornados to 
only two touchdowns.
  Trousdale County High School has a long history of football 
supremacy. The Yellow Jackets have made the playoffs every year since 
1988, and this year's championship win marks the sixth time since state 
playoffs began in 1969 that the team has won the title.
  I commend the Yellow Jackets and their head coach, Clint Satterfield, 
for a fine season and an outstanding championship win. Kevin Creasy, 
Phillip Dean, Jackie Dillehay, Jason Dobbs, Jason East, Eric Eden, Adam 
Keeton, Steve McClain and Ronnie White serve as the team's assistant 
coaches. Toby Woodmore is Trousdale County High School's principal.
  I congratulate all the talented members of the 2005 1A State Champion 
Yellow Jackets: Dustin Dillehay, Marco Wright, Jared White, Blake 
Satterfield, Nelson Harper, Sammuel Dunn, Terrian Luster, Cal Welch, 
Creigh Hall, Michael Ring, Blake Merryman, Leroy Wooten, Josh 
Cunningham, John Scruggs, Justin Payne, Maurice Harris, Kendall 
Belcher, Kenneth Pedigo, Zach Porter, Derek Dunn, Tim Cunningham, 
Trondez Burnley, Shane Johns, Curt McGowan, Jeffrey Butcher, Terrance 
Calhoun, Krieg Story, Phillip White, Austin Dillion and Steven Angel.

                          ____________________




                        A TRIBUTE TO BILL LEWIS

                                 ______
                                 

                         HON. G. K. BUTTERFIELD

                           of north carolina

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. BUTTERFIELD. Mr. Speaker, I rise today and ask my colleagues to 
join me in paying tribute to Mr. Bill Lewis, a great American. Mr. 
Lewis passed away Saturday, November 26, 2005 at the age of 84. As an 
outstanding resident of Wilson County and as its first Director of 
Agriculture, I know that I speak for the masses when I say that he will 
be greatly missed.
  Mr. Lewis was born in Fairmont, North Carolina and attended North 
Carolina State University where he graduated in 1942 with a degree in 
Agricultural Education. He served the United States of America from 
1942 until 1945 as a member of the Army Air Corps in the Pacific 
Theater. He was discharged as a Captain.
  Mr. Speaker, after leaving the Army Air Corps, Mr. Lewis began work 
with the Agriculture Extension Service in 1948 as an Assistant County 
Agent working with Turkish tobacco at North Wilkesboro. Two years later 
he relocated to Wilson County.
  Mr. Lewis served the people of North Carolina his entire life. He 
established Wilson County's Agriculture Extension program which 
continues to serve the County well. He served as President of the North 
Carolina Association of County Agricultural Agents (NCACAA) from 1968-
1969 and was also Chairman of NCACAA in 1971. He was a member of the 
National Committee of Extension programs in 1971. Mr. Lewis also served 
as Agriculture Advisor to North Carolina Governor Jim Hunt where he was 
able to ensure North Carolina's agricultural success.
  Mr. Speaker, Mr. Lewis was awarded for his great contributions to 
North Carolina agriculture when he was presented with the Distinguished 
Service Award from Wilson's Kiwanis Club in 1962. Mr. Lewis was also 
recognized in 1972 by Southern Tobacco Journal and served as Chairman 
of the extension programs committee of NACAA from 1973 until 1974. 
Under his Directorship, the Wilson County extension staff was 
recognized on two occasions by the Epsilon Sigma Phi Fraternity for 
team work and total performance.
  Mr. Speaker, I value this opportunity to pay tribute to such an 
outstanding citizen. I ask my colleagues to join me in acknowledging 
the outstanding contributions of Mr. Bill Lewis to the state of North 
Carolina and to this Nation.

[[Page 28436]]



                          ____________________




         TRIBUTE TO FIRST LIEUTENANT CHRISTOPHER JOHN BUSCAGLIA

                                 ______
                                 

                           HON. BRIAN HIGGINS

                              of new york

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. HIGGINS. Mr. Speaker, I rise today to honor 1LT Christopher John 
Buscaglia of the 110th Mountain Division of the United States Army. A 
native of Western New York, Lieutenant Buscaglia exemplifies the 
character and good will of our community.
  Following his graduation from high school, Lieutenant Buscaglia 
stayed in Buffalo to attend Canisius College. There, he majored in 
history and excelled academically. Outside of the classroom, he played 
the French horn in the college band, was a talented photographer for 
the campus newspaper, and, for three consecutive summers, spent 2 weeks 
in Mexico City, running a day-camp for neighborhood kids.
  Walking through the halls of Canisius, Lieutenant Buscaglia looked 
like any other student. But if you saw him running down Main Street 
early in the morning before classes or spending his vacations in 
camouflage at Fort Drum, Lieutenant Buscaglia looked much different. In 
addition to all his academic and extra-curricular accomplishments, he 
spent his free time training to become an officer in the United States 
Army.
  After graduation in 2004, Lieutenant Buscaglia was commissioned and, 
for the last 5 months, has served with distinction as an intelligence 
officer and platoon leader in Iraq. Because of his dedication to duty, 
Lieutenant Buscaglia has recovered information that prevented numerous 
insurgent attacks and saved American lives. Appropriately, he has 
received outstanding ratings from senior officers and the respect of 
his fellow soldiers.
  Mr. Speaker, the debt we owe to our servicemen and women can never be 
fully repaid--they protect our shores, our families, and our democratic 
government. Lieutenant Buscaglia put his bright future on hold and 
volunteered to fight on our behalf. I thank him today for his 
dedication to the safety of all Americans and his willingness to serve 
our Nation.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. ROBERT MENENDEZ

                             of new jersey

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. MENENDEZ. Mr. Speaker, I rise to offer a personal explanation. 
Last Thursday, I was unable to vote on tabling the motion on H. Res. 
591, a resolution raising a question of the privileges of the House 
(rollcall No. 622), due to an unavoidable commitment in New Jersey. Had 
I been present, I would have voted ``no'' on rollcall vote 622.

                          ____________________




 CONGRATULATING THE HIGHLAND PARK SCOTS FOOTBALL TEAM FOR WINNING THE 
           TEXAS CLASS 4A DIVISION I HIGH SCHOOL CHAMPIONSHIP

                                 ______
                                 

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. SESSIONS. Mr. Speaker, I rise today to congratulate the Scots of 
Highland Park High School in Dallas, Texas for winning their first 
State Championship in almost half a century, defeating the Marshall 
High School Mavericks by the largest margin of victory in Texas High 
School eleven-man Football Championship history. I am proud to 
represent Highland Park as part of the 32nd District of Texas.
  Head Coach Randy Allen and his team put on an impressive display at 
Tyler's Rose Stadium in front of over 14,000 fans plus several thousand 
more who couldn't get in due to a lack of seating. It was a fitting end 
to their first-ever undefeated, untied season of 15-0. Highland Park 
dominated the competition throughout the season on their way to their 
first State Championship appearance since 1957, with only one game in 
the entire season decided by 7 points or less.
  This team and its fans have certainly waited a long time to reach 
this point. They have come extremely close to reaching the final game 
several times in recent years, but have always come up just a little 
shy. Twice in the past 10 years the Scots have seemingly been within 
arm's reach of the championship game, losing in the semifinals in both 
1996 and 2003. After having come so close with such talented teams, 
they and their fans were very ready to return to glory.
  Their avid fans came out in droves to support them in the 
championship game, even prompting the operators of the Rose Stadium to 
erect more seats at the last minute to accommodate up to 2,000 more 
fans. They also lobbied successfully to have the game broadcast live so 
that all of the Highland Park faithful who were unable to get tickets 
to the game could at least watch from afar as their beloved Scots 
brought home their first championship in 48 years.
  The 2005 Scots, dubbed the ``Band of Brothers,'' fielded quite a 
large and talented team. It consisted of 116 total players, including 
at least one national standout. Matthew Stafford, the Scots 
quarterback, broke the school's passing record on the team's road to 
victory by throwing for over 8,000 yards in his three seasons at the 
helm. Stafford, considered by some to be the top recruit in the country 
at his position, will attend the University of Georgia next year. 
Another notable performance was that of senior Jake Feldt, who scored 
an incredible five touchdowns in a valiant effort for his team during 
the championship game.
  In closing, I would like to honor the Highland Park Scots Football 
Team, HP coach Randy Allen, and the Community of Highland Park for 
their spirit, dedication, and winning attitude in their best season in 
a historically competitive program.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. JEFF FORTENBERRY

                              of nebraska

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. FORTENBERRY. Mr. Speaker, on Tuesday, December 13, 2005, I was 
unavoidably detained due to the birth of my daughter, thus I missed 
rollcall votes Nos. 623, 624, and 625. Had I been present, I would have 
voted ``aye'' on all three votes.

                          ____________________




     CELEBRATING THE CITY OF FREMONT, CALIFORNIA'S 50TH ANNIVERSARY

                                 ______
                                 

                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. STARK. Mr. Speaker, I rise today to recognize the city of 
Fremont, California's 50th anniversary. Fremont is the largest city in 
the 13th Congressional District. When Fremont incorporated in 1956, it 
had a population of approximately 22,000 residents. Today, Fremont 
residents number over 210,000, nearly 10 times the population of 50 
years ago.
  The Ohlone people and their ancestors had occupied Fremont for 
thousands of years when Spanish priests arrived from Mexico and founded 
Mission San Jose in 1797. After Mexico won independence from Spain in 
the early 1800s, an appointed administrator divided the mission lands 
into four large tracts known as Rancho del Agua Caliente, Rancho Arroyo 
de la Alameda, Rancho Portero de los Cerritos and Mission San Jose.
  John C. Fremont arrived in the 1840s to map a trail through Mission 
Pass. California's admission to the United States and the Gold Rush 
stimulated further migration to the area, attracting people from all 
parts of the world. By 1853, the communities of Mission San Jose, 
Centerville, Niles, Irvington and Warm Springs had formed themselves 
into Washington Township. The City of Fremont officially came into 
existence on January 23, 1956, when citizens of these communities voted 
to incorporate their town to form a single city.
  Fremont is one of the most ethnically and culturally diverse cities 
in the United States. Over 137 languages are spoken; its residents come 
from all 50 states within the United States as well as 155 countries 
throughout the world.
  The celebration of Fremont's 50th anniversary promises to be as 
unique as Fremont itself. Celebrate Fremont's mission is to enhance the 
quality of life in the Fremont Community, now and for generations to 
come by serving all segments of the community by promoting the vitality 
of nonprofit organizations, fostering volunteerism and serving as a 
vital resource that promotes and enhances community activities 
including but not limited to those civic, cultural, and educational 
activities that celebrate the past, present and future of Fremont.
  I join the City of Fremont's civic leaders and its residents in 
celebrating Fremont's 50th anniversary. The motto for the celebration 
is

[[Page 28437]]

``creating a legacy for tomorrow by cherishing our past and connecting 
with our present.'' This celebration offers the city an historic 
opportunity to celebrate its past, while uniting its diverse community 
and historic districts around a shared vision for the future. Happy 
Birthday Fremont and best wishes for continued success as a model city.

                          ____________________




          REINTRODUCTION OF THE VETERANS HOUSING FAIRNESS ACT

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mrs. MALONEY. Mr. Speaker, today I reintroduce legislation that 
allows veterans to use their guaranteed VA loans to purchase co-
operative housing units. FHA and other government agencies already have 
programs to give loans for co-operative residential units, and most 
banks accept co-operative shares as collateral. The Department of 
Veterans Affairs should do the same. For many veterans who live in 
communities where co-operative housing is common or where the cost of 
houses and condominiums can be high, a co-operative residential unit is 
an affordable alternative.

                          ____________________




         HONORING THE 100TH ANNIVERSARY OF WATERTOWN, TENNESSEE

                                 ______
                                 

                            HON. BART GORDON

                              of tennessee

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. GORDON. Mr. Speaker, today I rise to recognize the 100th 
anniversary of Watertown, Tennessee, which I have the honor of 
representing in this esteemed body.
  The community in Wilson County was originally known as Three Forks, 
but the town's Postmaster, Wilson L. Waters, changed the name to 
Waterstown. Eventually, the town's name changed one final time to 
Watertown. The town was incorporated in 1905 as a result of a 
devastating fire in 1903. Today, Watertown's residents enjoy a quality 
of life that is second to none.
  Throughout history, Watertown has been home to several thriving 
businesses. Williams Pin Mill put the community on the map, as it was 
the largest manufacturer of threaded insulator rods in the world. 
Another notable business is the Watertown Bed and Breakfast, the only 
structure that survived the numerous fires, including the great fire of 
1903, that ripped through Watertown during its adolescent years.
  The citizens of Watertown embrace their community, and that spirit 
has made it the flourishing town it is today. The Watertown Jazz 
Festival, a popular musical event held in July, draws crowds from 
hundreds of miles away. Another famous attribute is Watertown's 
Excursion Train. These passenger trains, operated by Tennessee Central 
Railway Museum, take riders on a scenic tour of Middle Tennessee.
  I congratulate Watertown on this anniversary, and I hope the next 100 
years are as prosperous and progressive as the first 100 years.

                          ____________________




  HONORING MR. J.W. ANDREWS ON THE OCCASION OF HIS BEING HONORED WITH 
                         ``J.W. ANDREWS ROAD''

                                 ______
                                 

                             HON. JO BONNER

                               of alabama

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. BONNER. Mr. Speaker, today I rise to honor Mr. J.W. Andrews of 
Preswick, Alabama, on the occasion of his being honored by his 
community with the naming of the ``J.W. Andrews Road'' in Jackson, 
Alabama.
  Mr. Andrews was born on August 30, 1919, and he has dedicated much of 
his life to the service of Clarke county. He married the former Ida B. 
Tiggs, and they had four children. He is the owner of Andrews Funeral 
Home in Jackson, Alabama; a business in which he remains active to this 
day.
  In 1978, Mr. Andrews became president of the Clarke County Voter's 
League. In this position, he ensured African Americans were able to 
serve as deputy registrars with the Clarke County Board of Registrars.
  In 1981, Mr. Andrews was recognized by then Alabama Governor Fob 
James who praised him for his support in the successful passage of a 
responsible education budget.
  Mr. Andrews was also the first African American to serve on the 
Clarke County Board of Education, a capacity in which he served for two 
years.
  In 1985, Mr. Andrews became the first of two African Americans to 
ever be elected to the Jackson City Council. He served on the city 
council for over 14 years in district one.
  I ask my colleagues to join with me in congratulating J.W. Andrews 
for both the great success he has enjoyed in his life and his 
outstanding representation of the Clarke County, Alabama. I know his 
wife Ida, his children, many friends, and colleagues are also proud of 
him, and I wish Mr. Andrews and his entire family much health and 
success in the years ahead.

                          ____________________




    U.S. STATE DEPARTMENT'S SUPPORT OF CROATIA'S MEMBERSHIP IN NATO

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. RADANOVICH. Mr. Speaker, I would like to enter this letter into 
the Record. The letter focuses on the importance of the U.S. State 
Department's support of Croatia's membership into NATO.

                                            National Federation of


                                    Croatian Americans (NFCA),

                                     Washington, DC, Nov. 3, 2005.
     Re Resolution on The Republic of Croatia and NATO Membership.
     The Hon. Elton Gallegly,
     Chairman, Europe and Emerging Threats Subcommittee, 
         International Relations Committee, Washington, DC.
       Dear Mr. Chairman: On behalf of the National Federation of 
     Croatian Americans (NFCA), I want to commend and thank you 
     for the courageous leadership you have shown by introducing 
     H. Res. 529. The NFCA was pleased to contribute to the 
     Resolution's development, and we stand ready with our 
     national community to assist you in generating support for 
     its expeditious passage in the U.S. Congress.
       The U.S. State Department may object to some of the 
     language in this Resolution, since over time the State 
     Department has ramped up its requirements related to 
     Croatia's membership in the North Atlantic Treaty 
     Organization (NATO). This Department's requirement for 
     support of Croatia's entry into NATO has actually morphed 
     from `complete cooperation with the International Criminal 
     Tribunal for the former Yugoslavia, ICTY, in the pursuit of 
     the remaining indictee' to `the capture and delivery of the 
     remaining indictee to The Hague'. The State Department holds 
     to this position in spite of the fact that the ICTY Chief 
     Prosecutor claims that the remaining indictee is hiding in an 
     Italian monastery protected by the Vatican. The ICTY Chief 
     Prosecutor has further asserted that Croatia is now 
     completely cooperating with the ICTY. Furthermore, the new 
     government of Prime Minister Ivo Sanader has affirmed the 
     Government of Croatia's commitment to cooperate fully and 
     continue to take all necessary steps to locate and transfer 
     the remaining indictee to the ICTY. After complying with 626 
     demands of the ICTY, the people of the free and democratic 
     Republic of Croatia deserve better treatment from the United 
     States and they have certainly earned our strong support 
     expressed so well in this Resolution.
       We agree with the view that stability in South Central 
     Europe is of a very high priority, and that Croatia has 
     become a valuable, constructive partner in this delicate 
     region. Given the potential for future regional conflicts, 
     NATO should want to take advantage of the greater 
     contribution that Croatia would make toward peace and 
     stability as a full member of NATO. As you know, Montenegro 
     may wish to break from Serbia in the future, and Kosovo is 
     considering its own independence. Furthermore, Bosnia and 
     Herzegovina has yet to be reconstituted into a nation-state 
     that can equitably govern its three ethnic constituencies. 
     And, unfortunately, The Serbian Radical Party--using 
     Republika Srpska as a foothold--openly promulgates activities 
     oriented towards the creation of a Greater Serbia, which may 
     also include current parts of Croatia. These potentially 
     explosive situations require the stability that a NATO 
     presence in Croatia will provide.
       I am taking the liberty of providing a copy of this letter 
     to your Subcommittee's Ranking Member, Representative Robert 
     Wexler, and to the Co-Chairs of the Croatian Caucus, 
     Representatives George Radanovich and Peter Visclosky, who we 
     believe will be helpful on this matter. If I may provide 
     anything further, please do not hesitate to contact me 
     directly or our NFCA Government Relations Director, Mr. 
     Joseph Foley. Thank you again

[[Page 28438]]

     for your important continued support for Croatia's NATO 
     membership.
           Sincerely,
                                                 Edward A. Andrus,
     President.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JIM MARSHALL

                               of georgia

                    in the house of representatives

                       Tuesday, December 13, 2005

  Mr. MARSHALL. Mr. Speaker, CORRECTION: I intended to vote against the 
U.S.-Bahrain Free Trade Agreement and attempted to do so. Upon 
inquiring with the clerk why my vote was recorded as a ``yes'' instead 
of a ``no'', the clerk checked the electronic record and discovered 
that I had pressed the ``no'' button several times on the preceding 
vote. At no time did I intend to cast a ``yes'' vote on the agreement. 
To date, I have voted against every trade agreement that has come up 
while I have been in Congress, including the agreement with Bahrain.

                          ____________________




          TEXAS NATIONAL GUARD--RETURNING FREEDOM FIGHTERS----

                                 ______
                                 

                              HON. TED POE

                                of texas

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. POE. Mr. Speaker, a National Guard unit is coming back home to 
Texas. On Saturday, December 17, 2005, the 1st Battalion 133rd Field 
Artillery will be welcomed back home to the Beaumont Armory, in 
Beaumont, Texas after bravely serving the past year in Iraq. In August 
2004 the Texas Army National Guard deployed the 56th Brigade Combat 
Team of the 36th Infantry Division, to go to Iraq. They trained for 
four months in Ft. Hood, and got to Iraq in December of 2004.
  The 133rd Field Artillery has a long-standing history. This was the 
same famous Texas Army National Guard Division that landed on the 
beaches of Anzio, Italy during WWII, liberated Rome and freed hostages 
in Dachau, Germany.
  They continued this long-standing tradition in Iraq where they 
conducted offensive operations, deny and destroy operations, combat 
logistic patrols and civil military affairs operations. They built 
schools, hospitals, and won the hearts of the Iraqis they met along the 
way.
  In January, I had the privilege of going to Iraq to witness the first 
elections. I met with our military and saw firsthand their 
accomplishments in their fight for Iraqi freedom.
  Mr. Speaker, freedom has a price. Our troops are paying that 
sacrificial price for the Iraqi people and world freedom. 
Unfortunately, the 56th Brigade Combat Team lost 6 members during their 
fight for freedom and I would like to extend my prayers and our 
condolences to their family and friends. They were making a difference 
in the world when they gave their life. Their bravery, dedication and 
patriotism will never be forgotten.
  President John Kennedy once said, ``The cost of freedom is always 
high, but Americans have always paid it. And one path we shall never 
choose, and that is the path of surrender, or submission.'' We have 
chosen the right path, the hard path, the freedom path. We will 
persevere with the freedom loving people of Iraq until the journey down 
this path is successfully completed.
  The 133rd operated in the Sunni Triangle, Tikrit, Tillal, on the 
Jordanian Border and in Baghdad and it is my pleasure to welcome them 
back to Beaumont, Texas today. I would like to extend a sincere thank 
you to all the members of the 133rd and all the men and women of the 
United States Armed Forces. They have honored us with their commitment 
to Texas and the Nation, and the citizens of America and Iraq owe them 
a debt of gratitude. They are America's best. They are the sons and 
daughters of liberty, they are freedom fighters. They make us proud.
  I join the citizens of Texas's 2nd Congressional District in paying 
the utmost respect to the 1st Battalion 133rd Field Artillery. Through 
their service, Iraq is a free democracy, and America remains the land 
of the free and the home of the brave. That's just the way it is.

                          ____________________




  RECOGNIZING SCOTT TUCKER, THE SAN FRANCISCO DISTRICT MANAGER OF THE 
 U.S. POSTAL SERVICE, WHO IS RETIRING AFTER 13 YEARS OF EXCELLENCE IN 
                                SERVICE

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. LANTOS. Mr. Speaker, I rise today to pay tribute to Mr. Scott 
Tucker, District Manager of the San Francisco District of the U.S. 
Postal Service. Mr. Tucker has served the San Francisco/Bay Area with 
distinction for thirteen years. On January 1, 2006, Mr. Tucker will 
retire from his post as District Manager.
  Under Mr. Tucker's supervision, the San Francisco postal district has 
been recognized continually as having one of the best on-time mail 
services of any metropolitan area in the nation. When one considers 
that Mr. Tucker oversees a workforce of 10,400 employees who are 
responsible for delivery of nearly 10 million pieces of mail daily, to 
3 million customers in San Francisco, the Peninsula and throughout 
Northwest California from Sunnyvale to the Oregon border--the success 
of his district has been no simple feat.
  Mr. Speaker, Scott Tucker began his postal career in 1968 as a letter 
carrier in Hanford, California. During his career with the Postal 
Service, he has held a succession of managerial positions in postal 
operations, ascending to his current post in 1992. Throughout his 
career, Scott Tucker has been recognized by a multitude of community 
organizations for his outstanding service.
  As lead executive for the San Francisco postal district, Mr. Tucker 
worked aggressively to heighten awareness of the multicultural groups 
within the District. Establishing diversity leadership advisory 
councils including a Women's Council, African American Council, Asian 
American/Pacific Islander Council and Hispanic Council, Scott Tucker 
was named the recipient of a diversity leadership achievement award 
presented by the Bay Area Federal Executive Board, for these efforts.
  However, Mr. Speaker, Scott Tucker's accolades do not end here. 
Additionally, he was recognized by the Federal Asian Pacific American 
Council for promoting Diversity/Equal Employment Opportunity in the 
workforce. He also earned the Excellence in Public Service Award from 
the Chinese American Voters Education Committee for his community 
service.
  Mr. Tucker's fine work reached overseas to military service personnel 
stationed abroad earning him honors by the Joint Military Postal 
Activity-Pacific. The California National Guard also recognized Mr. 
Tucker for his support of our troops in Iraq, some of whom are postal 
employees with reserve status that were called to duty.
  Mr. Speaker, under Mr. Tucker's leadership, the San Francisco 
District received the ``Order of Yellow Jersey'' for nine consecutive 
quarters, a prestigious award that recognizes a Postal district for 
excellence in customer satisfaction and commitment to professionalism.
  Last but not least, in the culmination of his dedication in service 
to the people of the San Francisco Postal District, Mr. Tucker was the 
recipient of the Postmaster General Award, one of the top awards given 
to postal executives.
  Mr. Speaker, I ask my colleagues to join me in this great opportunity 
to recognize one of our finest public servants, Mr. Scott Tucker. 
Please join me in wishing Scott Tucker a happy and fulfilling 
retirement.

                          ____________________




      CONGRATULATIONS TO ALCOA HIGH SCHOOL'S TORNADO FOOTBALL TEAM

                                 ______
                                 

                        HON. JOHN J. DUNCAN, JR.

                              of tennessee

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. DUNCAN. Mr. Speaker, on December 2nd of this year, the Alcoa High 
School Tornado football team finished its season as the 2005 Class 2A 
Tennessee state champions after defeating Goodpasture High School of 
Nashville, 55-13, at this year's championship game in Murfreesboro, TN. 
This is Alcoa's second straight state championship and the seventh 
state title in Alcoa High School's history.
  This victory capped off an outstanding season for Head Coach John 
Reid's Tornados as they amassed a record of 14-1. They did so behind 
the leadership of only nine seniors and a dominant offensive attack led 
by outstanding play of Quarterback Joei Fiegler, Brandon Warren, 
recipient of the Mr. Football award as the state's finest player, and 
Dustin Lindsay, also a finalist for the Mr. Football award and a future 
University of Tennessee Volunteer.
  The Tornado offense lit up scoreboards this season as they scored 40 
or more points a remarkable ten times this season, had an amazing five 
game stretch in which they scored 68,

[[Page 28439]]

52, 55, 69 and 91 points respectively and became the first team in 
Tennessee High School football history to average more than 50 points a 
game throughout the playoffs.
  Mr. Speaker, I ask the readers of the Congressional Record and my 
fellow colleagues to join me in congratulating Head Coach John Reid and 
the Alcoa High School Tornado football team for their outstanding 
victory. I also include the following news article printed in the 
Maryville Daily Times. The team's leadership, strength, and 
determination should be recognized by all, and their sportsmanship and 
dedication are at a level that should be followed by every high school 
team in this Country.

             [From the Maryville Daily Times: Dec. 3, 2005]

                     Shiverdecker, Hicks Named MVPs

                          (By Kelly Franklin)

       Shooting fish in a barrel would be similar to the job faced 
     by TSSAA officials in choosing Most Valuable Players after 
     Alcoa's state championship victory over Goodpasture on Friday 
     night.
       For the record, the offensive hardware was won by Chris 
     Shiverdecker and Bart Hicks took the defensive trophy. Both 
     were well deserved.
       Shiverdecker finished with three touchdowns including a 
     back-breaking, 86-yard kickoff return, and ran for 126 yards 
     on 13 carries.
       Hicks led the stiff Alcoa defense with nine tackles, 
     including five solo stops. Using a new 5-2 formation with 
     Hicks roaming from sideline to sideline, the defenders didn't 
     allow Goodpasture to crack the end zone until Alcoa was 
     already up 34-0 late in the third period.
       But there was no shortage of other candidates.
       As Claude Rains said in the classic movie Casablanca, 
     ``Round up the usual suspects.''
       Start with Dustin Lindsey, just as the Tornadoes did. 
     Perhaps feeling snubbed by missing out on the Mr. Football 
     award, the future Volunteer scored Alcoa's first two 
     touchdowns and added another on a 47-yard catch-and-run to 
     give his team a 34-0 halftime lead.
       He also added 55 rushing yards, contained the Goodpasture 
     run game from his defensive end-linebacker position, and 
     added a fumble recovery for extra measure.
       Then consider how often a quarterback is going to tie a 
     state championship record for touchdown tosses and not be 
     chosen.
       Joei Fiegler tied that mark in one quarter, as he went 4 
     for 4 in period two.
       That's four completions, four scores. He finished with nine 
     completions on 11 attempts for 140 yards. Only a pass 
     interference call against Goodpasture early in the fourth 
     quarter prevented the mark from being his alone. As in many 
     Alcoa games this year, the left-hander basically shut down 
     his passing attack at the half once the lead was firmly 
     established.
       Fiegler, whose current short-list of colleges includes 
     Louisville, North Carolina State and Southern Miss, also 
     punted for a 41-yard average. His first boomer was mishandled 
     by Goodpasture, recovered by Logan Love (speaking of unsung 
     heroes) and converted into the first Alcoa score of the 
     night.
       Throw in Kyrus Lanxter, with two touchdown receptions, and 
     Brian Sommer, who picked off his 12th interception of the 
     season to set up Lanxter's first score.
       Alcoa head coach John Reid even offered up a dark-horse 
     entry for MVP status, the offensive line.
       ``What about the O-line?'' asked Reid when queried about 
     the heroes.
       ``Everyone said they (Goodpasture) were too big and we 
     couldn't move them out, but our line was just tremendous and 
     without them Chris doesn't get those yards,'' said the third-
     year skipper.
       Shiverdecker and Hicks, both juniors, send a strong signal 
     to future Alcoa opponents that the graduation of Lindsey, 
     Fiegler, Love, Martin White, Brandon Warren and others 
     doesn't mean there's going to be a drop-off.
       ``They'll be back here next year,'' said Lindsey. ``This is 
     not just us, this is a dynasty.
       ``We expected the seniors to get those awards,'' said 
     Shiverdecker, ``but it's all just one team working together 
     anyway.''
       A team, made up of unselfish and talented individuals. And 
     sporting one more championship trophy now.

                          ____________________




 CELEBRATING THE 100TH ANNIVERSARY OF THE INCORPORATION OF THE TOWN OF 
                            GRANBY, COLORADO

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. UDALL of Colorado. Mr. Speaker, I rise today to commemorate the 
100th Anniversary of the town of Granby, Colorado.
  Granby is a small town with a population of 1,525 located on the 
Fraser River with breathtaking views of the Continental Divide and 
Rocky Mountain National Park. Despite its size, Granby holds an 
important place within Colorado's history. It was first settled in 1904 
and incorporated the next year. The town was established along the 
railroad line being built by Denver, Northwestern & Pacific and was a 
connection with the state route to Grand Lake.
  The Granby site was chosen because of the dry ground and good view of 
the surrounding mountains. The town was named in appreciation of the 
services of Denver attorney, Granby Hillyer, who worked to layout the 
town site.
  By the 1920's the town was a thriving commercial and service center 
for local farmers and ranchers. It was during this time that Granby 
became known for its lettuce which became a major crop for Granby. In 
fact, at the peak of the market, the Waldorf Astoria hotel in New York 
City proudly advertised Granby Head Lettuce on its menus.
  Today Granby boasts some of the finest recreational opportunities 
that Colorado is so well-known for, including hiking, rafting, hunting, 
gold medal river water for fishing, horseback riding, and dog sledding. 
to name a few.
  Granby is also known for its local charm and hospitality, as well as 
its preservation of its western rural roots--I have developed an 
affinity with this town and appreciate the friendliness and communal 
spirit of its residents. This community has welcomed me to their town 
in a manner that greatly reflects the essence of Colorado.
  Mr. Speaker, I ask that my colleagues join me today in commemorating 
the historic 100th anniversary of Granby, Colorado. I believe that by 
honoring Granby and all the other historic small towns of this vast 
nation, we keep the great tradition of the American spirit alive for 
future generations. We must not forget about the many places that 
molded our country into what it is today. Centennial celebrations are 
few and far between, and Granby is deserving of our recognition.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. GALLEGLY. Mr. Speaker, on Tuesday, December 13, 2005, I was 
unable to vote on the motion to suspend the rules and agree to H. Res. 
487, Supporting the goals and ideals of Korean American Day (rollcall 
623); on the motion to suspend the rules and pass S. 1027, to require 
the Secretary of the Treasury to mint coins in commemoration of each of 
the Nation's past President and their spouses, respectively, to improve 
circulation of the $1 coin, to create a new bulletin coin (rollcall 
624); on motion to suspend the rules and pass, as amended, H.R. 3422, 
the Small Public Housing Authority Act (rollcall 625). Had I been 
present, I would have vote ``yea'' on all 3 measures.

                          ____________________




                          HONORING LUCY POPSON

                                 ______
                                 

                         HON. RAUL M. GRIJALVA

                               of arizona

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. GRIJALVA. Mr. Speaker, I rise before you today to recognize Lucy 
Popson, an outstanding teacher in our community. Mrs. Popson is the 
proud recipient of the Arizona Teacher of the Year Award for 2005.
  The Teacher of the Year Award honors teachers that are not only 
exemplary in the classroom, but teachers that are involved in the 
community as well. Nominated teachers are identified as leaders by 
parents, students, and co-workers. They gain the admiration of everyone 
they work with, and their efforts on behalf of education are notable.
  Lucy Popson exceeds these criteria. She is dedicated to her students 
and to her community, teaching at Walter Douglass Elementary school for 
23 years, and third-grade for the past 11 years.
  Mrs. Popson always makes sure her students are learning and she 
strives to make every student understand the material. She is a teacher 
that understands the different needs of students, teaching material in 
multiple styles to ensure that no student is left out in the learning 
process. Mrs. Popson strives to make her lessons fun and interesting. 
She is proud of her students and has a superior ability to help all her 
students achieve.
  When Mrs. Popson was asked about her feelings upon receipt of the 
award, she stated, ``This is a team effort . . . Teaching is not one 
person. It's a bunch of people working together.'' She brought this 
statement to life when she dedicated her award to all those who help 
her in the Plowing Wells School District.

[[Page 28440]]

  Teaching is a talent that few possess and even fewer choose to pursue 
as a career. All teachers in our community need to be recognized for 
their enormous efforts to enrich the lives of children. It is teachers 
such as Lucy Popson who deserve awards for their daily achievement of 
helping students.
  I honor Lucy Popson for her generosity, kindness, and compassion and 
thank her for committing herself to the profession of teaching.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                           HON. JIM McDERMOTT

                             of washington

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. McDERMOTT. Mr. Speaker, I was unable to be in Washington, DC, 
yesterday, and part of today. As a result I missed several votes. Had I 
been able to vote I would have voted in support of H. Res. 487, S. 
1047, H. Res. 594, for the motion to recommit H.R. 3199, and against 
final passage of H.R. 3199. I would have voted against H.R. 3010.

                          ____________________




   CONGRATULATIONS TO MARYVILLE HIGH SCHOOL'S RED REBEL FOOTBALL TEAM

                                 ______
                                 

                        HON. JOHN J. DUNCAN, JR.

                              of tennessee

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. DUNCAN. Mr. Speaker, on December 3 of this year, the Maryville 
High School Red Rebel football team finished its season with an 
undefeated record of 15-0 as it became the 2005 Class 4A State 
champions. The Red Rebels defeated Melrose High School of Memphis, 23-
10 at this year's championship game in Murfreesboro, TN. This victory 
gave Maryville its second straight State championship, its fifth 
championship in the past 6 years and its ninth Football State 
Championship overall.
  At the beginning of the 2005 season, Maryville Coach George Quarles 
stated that it was his goal for each senior class to win a State 
championship. This particular senior class has not only achieved this 
goal set by Coach Quarles but they exceeded it. This group of seniors 
will leave Maryville High School having won three State Championships, 
completed each of its regular seasons undefeated and achieved an 
outstanding record of 58 wins to only 1 defeat. The Red Rebels became 
the first team in 10 years to finish consecutive seasons with an 
unblemished record.
  I am proud of the Maryville Red Rebel football program as it has 
become a perennial powerhouse under Coach Quarles. Year in and year 
out, Coach Quarles has produced winners on and off the football field.
  Mr. Speaker, I ask the readers of the Congressional Record and my 
fellow colleagues to join me in congratulating Head Coach George 
Quarles and the Maryville High School Red Rebel football team for their 
glorious victory. I also include the following news article printed in 
the Knoxville News Sentinel. The team's leadership, strength, and 
determination should be recognized by all, and their sportsmanship and 
dedication are at a level that should be followed by every high school 
team in this country.

           [From the Knoxville News Sentinel, Dec. 11, 2005)

            Maryville, Alcoa Honored for State Championships

                           (By Brad Gaskins)

       Maryville.--John Reid and George Quarles know good high 
     school football programs when they see 'em. Reid of Alcoa and 
     Quarles of Maryville both won second consecutive state 
     championships last weekend.
       Their programs shared the stage in celebration Saturday 
     morning at the amphitheater downtown, on what was proclaimed 
     ``Maryville Rebels and Alcoa Tornadoes Day'' by the mayors of 
     the respective cities.
       The respect between the Blount County programs is more than 
     mere chivalry.
       ``You think of Alcoa-Maryville, you think of enemies, or 
     rivals,'' Quarles said. ``And it certainly wasn't like that 
     today. Both schools have a healthy amount of respect for one 
     another.''
       ``In their case,'' Reid said of Maryville, ``good coaching 
     is going on. We discuss things back and forth. Both staffs 
     are dedicated to being good football teams.''
       Both proved how good last weekend in Murfreesboro. 
     Maryville beat Memphis Melrose 23-10 in the Class 4A title 
     game. In 2A, Alcoa beat Goodpasture 55-13.
       Maryville mayor Joe Swann had a ``unique'' situation on his 
     hands.
       ``A lot of people celebrate a state championship,'' Swann 
     said. ``These kids get a chance to celebrate together.
       ``They've both accomplished something that's really 
     remarkable. It'll make for a lot of good conversations over 
     the years between these boys as the grow up in this 
     community.''
       It's that community, Alcoa senior running back and 
     University of Tennessee commitment Dustin Lindsey said, that 
     made all this possible.
       ``It's not only coaches and players, it's people in 
     general,'' he said. ``We've got a wonderful community that's 
     backing us up, and people that love each other.''
       The community wasn't cheering the night of Nov. 29, 2003. 
     Both teams were eliminated from the playoffs in semifinal 
     losses.
       Since then, neither team has lost to a team outside Blount 
     County. Maryville went undefeated and handed Alcoa its only 
     two losses. Combined record: 58-2.
       ``I think that says about all you need to say about it,'' 
     Quarles said. ``There's good football in Blount County.''
       ``In this size of a county,'' Reid said, ``to be carrying 
     around four state championship balls is unbelievable.''
       Three years ago, Reid became Alcoa's coach, wondering if 
     the Tornadoes would ever win a game. They've lost just six.
       ``How lucky can you get?'' Reid asked aloud. ``And that's 
     part of it.''
       ``It seems so incredible that 365 days have gone by this 
     fast,'' Reid said of last year's celebration. ``It's a 
     tremendous amount of work to get here, and I think that's one 
     of the things that gets overlooked at times.''
       Alcoa was expected to win it all this year. Maryville was 
     not, but still won its fifth title in 6 years. What was most 
     fulfilling?
       ``The fact that a lot of people didn't give us much 
     chance,'' Quarles said. ``We lost so many players from last 
     year's team, but these kids refused to listen to other 
     people.
       ``They wanted to make sure that they gave themselves every 
     opportunity to hopefully win a state championship.''
       Thirty minutes after the ceremony, Quarles was fielding his 
     last question from reporters. He waved at a passing jogger 
     where the crowd had stood, and offered one last pep talk to 
     players of both teams:
       ``If you've watched the movie `Friday Night Lights,' you 
     see people who live in the past, where the greatest thing 
     that ever happened to them was a state championship,'' he 
     said. ``I don't want this to be the best thing that ever 
     happens to these kids. I want them to take what they've 
     learned in football and be successful in life.
       ``Be a good dad, a good husband, a leader in the 
     community--all those things. Don't let this be the high water 
     mark. A lot of people live in the past. That's a mistake.''

                          ____________________




               SPECIAL TRIBUTE TO DR. ROBERT E. FISCHELL

                                 ______
                                 

                        HON. BENJAMIN L. CARDIN

                              of maryland

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. CARDIN. Mr. Speaker, I rise today to pay special tribute to Dr. 
Robert E. Fischell, a mechanical engineer, biomedical engineer, 
inventor, physicist, researcher and teacher. Robert Fischell is one of 
the brightest, most accomplished people I have ever met.
  Let me tell you a little bit about his career. After graduating cum 
laude from Duke University in 1951 with a degree in mechanical 
engineering, Bob earned a Masters degree in physics from the University 
of Maryland, where he also holds an honorary Doctor of Science degree.
  In 1959, he went to work for the Johns Hopkins Applied Physics Lab 
(APL), where he developed a number of inventions dealing with the 
control of satellites. His work at APL has led to numerous awards, 
including the IR-100 Award which is presented annually for the 100 most 
significant inventions. He has won this honor twice; once in 1970 for a 
rechargeable pacemaker, and again in 1973 for a drag-free satellite.
  Dr. Fischell holds nearly 200 U.S. and international patents. His 
inventions--which include an implantable insulin pump, a rechargeable 
pacemaker, a flexible stent for placement in coronary arteries, and a 
microminiaturized computer that can be implanted to prevent epileptic 
seizures--have changed the practice of medicine and saved hundreds of 
thousands of lives.
  On December 19, the University of Maryland at College Park is 
announcing the establishment of the Fischell Department of 
Bioengineering and the Robert E. Fischell Institute for Biomedical 
Devices.
  I urge my colleagues in the U.S. House of Representatives to join me 
in honoring Robert E. Fischell, an innovative American inventor who has 
made enormous contributions to medicine, space discovery and higher 
education.

[[Page 28441]]



                          ____________________




             COMMEMORATING THE JAVITS-WAGNER O'DAY PROGRAM

                                 ______
                                 

                           HON. JACK KINGSTON

                               of georgia

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KINGSTON. Mr. Speaker, I wish to commemorate the Javits-Wagner 
O'Day program (JWOD) on the service they provide to thousands of 
individuals.
  The JWOD program is the single largest source of employment for 
individuals who are blind or have severe disabilities. This program 
employs more than 45,000 people. The JWOD program trains persons with 
disabilities to acquire job skills that will be resourceful in their 
everyday lives. With these skills and training, a participant in this 
program can receive wages and benefits thereby gaining a greater 
independence and quality of life.
  In my district in Georgia, there is a JWOD program named Happy Hour 
that exemplifies the good work that this organization is built upon. 
Happy Hour employs 170 disabled individuals and gives them an 
opportunity to contribute to their communities. Executive Director 
Steve Smith and Community Relations Manager Bob Wilbanks lead an office 
of 90-100 hard working staffers along with many volunteers who are all 
dedicated to ensuring each person reaches a common goal.
  Happy Hour has a working relationship with Robins Air Force Base. 
Through this relationship Happy Hour participants are able to help the 
government and save taxpayers money. A few of the projects that help 
Robins Air Force Base is Robin's Recycling, respiratory cleaning and 
repair, tool die numbering, and aircraft sorting. Though they may seem 
minor, without Happy Hour, workers who do these tasks at Robins AFB 
would have a much harder time operating.

                          ____________________




  CONGRATULATING WOMEN IN GOVERNMENT RELATIONS ON ITS 30TH ANNIVERSARY

                                 ______
                                 

                           HON. DEBORAH PRYCE

                                of ohio

                    in the house of representatives

                      Wednesday, December 14, 2005

  Ms. PRYCE of Ohio. Mr. Speaker, I rise, today to honor an 
organization that has been a staple of empowerment for Washington, D.C. 
women who serve in the field of government relations.
  This year is the 30th anniversary of Women in Government Relations. 
WGR is a nonpartisan organization that educates and advances women in 
this field. WGR helps women be smarter, stronger, and more influential 
in the work they do.
  Surprisingly, the field of government relations is fairly new to 
women. In fact, WGR was founded only about 30 years ago when women were 
struggling to network in a male-dominated field.
  I honor WGR today because it provides educational and networking 
opportunities for its members and the community. These women serve our 
country by representing public interest groups; federal, state and 
local government; corporations; trade associations; and many others.
  I am proud to say that I join many of my colleagues here in Congress 
as an honorary member of WGR. I rise to applaud WGR and encourage the 
organization to continue its important mission of advancing and 
empowering women.
  Congratulations to WGR for its service to our nation for the past 30 
years and for many more years to come.

                          ____________________




                        HONORING DR. KATRINA POE

                                 ______
                                 

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. THOMPSON of Mississippi. Mr. Speaker, I would like to recognize 
an outstanding family physician, Dr. Katrina Poe.
  Dr. Katrina Poe, 35, is being recognized by Staff Care Incorporated, 
an insurance company that provides short-term coverage to physicians as 
``Country Doctor of the Year.'' This national honor is awarded to a 
``doctor who has dedicated his or her life career to serving rural 
communities. Dr. Poe, a family physician at the Greenwood Leflore 
Hospital's Kilmichael Clinic, also serves as chief of staff at the 
Kilmichael hospital.
  Since fifth grade, Dr. Poe, a native of Kilmichael, Mississippi 
wanted to become a physician. She graduated from Kilmichael High School 
in 1988 and went on to earn a bachelor's degree in biology from 
Mississippi State University in 1992. Dr. Poe attended medical school 
at the University Medical Center in Jackson, MS. Only two months after 
completing her residency training at UMC in June 2001, she began 
officially serving the people of Kilmichael where she spent several 
summers assisting Dr. L.C. Henison.
  Dr. Poe, who was nominated by Nurse Linda Turner of the Kilmichael 
Clinic collected and submitted testimonials from patients to the Staff 
Care nominating committee citing the physician's devotion to the town 
and its residents. She has an average patient caseload per week of 250, 
a successful practice of 5,000 patients and works an average of 80 
hours per week. The nationally renowned ``Country Doctor of the Year'' 
award includes a signature plaque that features an illustration of a 
physician making his rounds by horse and buggy. In addition, Dr. Poe 
will be provided with a ``fill-in'' physician for one week at no 
charge.
  Dr. Poe has received numerous awards and recognition which include 
being named Business and Professional Woman of the Year, Winona Times; 
Family Medicine Assistant Chief Resident, University of Mississippi 
Medical Center; CIBA-Geigy Community Service Award, University of 
Mississippi School of Medicine and; Cultural Diversity Academic 
Achievement Award.
  Dr. Poe, a shining example of Kilmichael County's finest, has 
garnered the personal and professional respect of her community, 
patients and colleagues and is worthy of this auspicious award. I 
commend Dr. Poe, the ``Country Doctor of the Year'' and wish her 
continued success.

                          ____________________




     IN SUPPORT OF H.J. RES. 73, TO REDEPLOY U.S. FORCES FROM IRAQ

                                 ______
                                 

                           HON. ANNA G. ESHOO

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Ms. ESHOO. Mr. Speaker, I rise today in support of the Joint 
Resolution introduced by Representative John Murtha. This Resolution 
should be brought to the floor because the time has come for a change 
in our Iraq policy.
  I believe our military has done its job. They were sent to Iraq to 
depose a tyrant and free the Iraqi people from Saddam Hussein's brutal 
regime. They accomplished what can be described as one of the most 
successful and well-executed military campaigns in history, defeating 
the Iraqi army in a matter of days and going on to hunt down and 
capture Saddam Hussein.
  The issue before us is not ``surrender'' or ``cut and run''. Our 
troops have accomplished their mission. What they're now having to 
battle is an insurgency comprised largely of Iraqis who they were sent 
to liberate. According to our top military leadership, fewer than 7% of 
the insurgents in Iraq are foreign militants and the primary target of 
the insurgents are U.S. troops.
  The violence is taking its toll on the Iraqi people, the vast 
majority of whom want a stable, secure Iraq free from foreign 
occupation. A recent poll taken in Iraq indicated that 80% of Iraqis 
want the American military to leave, and most chilling, 45% believe 
attacks against U.S. forces are justified. The daily toll inflicted on 
our military and our national purse (close to $1 billion per day now), 
is simply un-
sustainable.
  Congressman Murtha has proposed a plan calling for the redeployment 
of U.S. troops consistent with the safety of U.S. forces, the creation 
of a quick-reaction force in the region and an ``over-the-horizon'' 
presence of Marines, and the pursuit of security and stability in Iraq 
through diplomacy.
  Congressman Murtha based his sober and professional judgment on the 
following:
  The U.S. and coalition troops have accomplished all they can in Iraq 
and the American people have not been shown clear, measurable progress 
for the establishment of a stable and improving security in Iraq or of 
a stable and improving economy.
  American troops have become the primary targets of attacks in Iraq, 
which is significantly impeding progress. Continued military action is 
not in the best interest of the United States, the Iraqi people, or the 
Persian Gulf region.
  As Commander of Iraqi forces, General George Casey stated in a 
September 2005 hearing, ``the perception of occupation in Iraq is a 
major driving force behind the insurgency.''
  The cost of the war to our country, and the burden on the troops to 
whom Congressman Murtha has dedicated his life, is skyrocketing.
  Congressman Murtha knows of what he speaks. He is a 37-year veteran 
of the Marine

[[Page 28442]]

Corps, a Colonel, the first Vietnam War veteran elected to this body 
and an unimpeachable, first-hand authority on the needs of our 
military.
  Congressman Murtha is one of the most decorated veterans in the 
Congress. No one has taken care of our troops on a more consistent 
basis since coming to the Congress than Jack Murtha. Previous 
Presidents know this, this President knows it, present and former 
members of Congress know it, and most importantly, our troops know it.
  Congressman Murtha has been standing side-by-side with our troops 
throughout the Iraq war, from his presence in Kuwait just days before 
the start of the war, to his ongoing weekly visits to wounded troops at 
Bethesda Naval Medical Center and Walter Reed Army Medical Center, to 
his regular travel to the region to be with our troops. Each and every 
step of the way Jack Murtha has made sure that our troops have what 
they need, that their families are cared for, and that our country 
honors their service as deeply as he does. In one case, when a mother 
told him that bureaucratic red tape would prevent her son, a young man 
severely wounded in service to his country from receiving a Purple 
Heart, Jack Murtha said that if her son didn't get a Purple Heart, he 
would give him one of his. This is Jack Murtha.
  After great personal reflection on the war and its effects and 
constant consultation with the military leadership, Congressman Murtha 
has done what members of this body are charged to do: He spoke truth to 
power. He announced it was ``time for a change in direction'' in Iraq. 
He did not call for an immediate withdrawal. He has not called for 
surrender and he has not called for retreat.
  Whether Members agree with Congressman Murtha's judgment on the 
individual details of his proposal, it's become clear that our current 
policy in Iraq is unsustainable. It's time to tell the Iraqis that the 
training wheels have to come off . . . it's time for the Iraqis to take 
charge of Iraq. Today the American people are ahead of us, with some 
65% saying it's time for a change. It's time to begin the overdue 
debate on how and when we bring our troops home. Congressman Murtha has 
set forth a pragmatic and clear proposal. I'm proud to support it.

                          ____________________




                     TRIBUTE TO HARRIET G. SIMPSON

                                 ______
                                 

                         HON. JAMES E. CLYBURN

                           of south carolina

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a former 
professional colleague and dear personal friend Harriet G. Simpson. 
Mrs. Simpson is a dedicated educator and devoted community activist, 
who is being honored Sunday, December 18, 2005 by the Charleston, South 
Carolina community and her home church, Mt. Zion AME.
  I came to know Mrs. Simpson when I took my first job out of college 
as a Social Studies teacher in the Charleston, South Carolina public 
school system. She was one of the leaders in that school system who 
recognized my leadership potential at an early stage in my development. 
She became a mentor and one of my most ardent supporters.
  Throughout her life, Mrs. Simpson has dedicated herself to the 
betterment of her community, and has received numerous recognitions for 
her work. They include, Delta Woman of the Year by Delta Sigma Theta 
Sorority, the Public Service Award from the Alpha Chi Pi Omega 
Sorority, and the Omega Service Award by the Omega Psi Phi Fraternity. 
Also, Arabian Court No. 128 recognized Mrs. Simpson as Outstanding 
Female Community Worker, and she was a semi-finalist for the 
Certificate of Achievement as a Role Model from the National Council of 
Negro Women. She has also been recognized for her achievements by the 
South Carolina State Senate, and the Moja Arts Festival bestowed upon 
her an Award for Contribution to Education. Former Charleston Mayor 
Palmer Gilliard gave Mrs. Simpson the ``Key to the City,'' and Channel 
5 Television Station inducted her into its Hall of Fame.
  Mrs. Simpson's dedication to her community has manifested itself 
through her love of education and her deep and abiding religious faith. 
She has been nominated for as Teacher of the Year at C.A. Brown High 
School, where I had the privilege of working with her for three years, 
and received the Human Relations Award from the South Carolina 
Education Association. She was named Woman of the Year by her home 
Church Mt. Zion AME in 1987 and 1991. The Charleston Area Women's 
Missionary Society also chose Mrs. Simpson for their Outstanding 
Service Award.
  Mrs. Simpson continues to make significant contributions to her 
community. She established the Harriet F. Simpson Scholarship Fund to 
help deserving students get a college education. She continues to 
support students while they are in college with financial help, letters 
of comfort, and small gifts, and helps them find jobs. She was a 
founding member of the Moja Arts Festival Committee, and has donated 
artifacts to the Avery Institute. Although she isn't a wealthy woman, 
Mrs. Simpson contributes generously to the National Heart Association, 
the American Cancer Society and to Alzheimer's research. And she 
continues a ministry of calling and writing the sick and shut-in from 
her church and those that have moved away from Charleston.
  Mrs. Simpson earned a Bachelor of Arts in Education from Allen 
University, and a Masters degree in Education and Guidance from South 
Carolina State University, and did post-graduate work at North Carolina 
Central University. Mrs. Simpson has been a devoted wife for 55 years, 
and is the proud mother of two children. Her family is blessed with two 
grandchildren and three great-grandchildren. She is a loving friend and 
caring sister, aunt and godmother.
  Mr. Speaker, I ask you and my colleagues to join me in thanking 
Harriet G. Simpson for her lifetime of devotion to education and her 
community. She is a shining example of how one person can make a 
tremendous difference an entire community. I commend Mrs. Simpson for 
her significant contributions and thank her church family at Mt. Zion 
AME Church for recognizing her.

                          ____________________




            HONORING THE FLINT POWERS CATHOLIC H.S. CHARGERS

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. KILDEE. Mr. Speaker, I am happy to rise today to congratulate the 
Chargers of Flint Powers Catholic High School, on winning the 2005-2006 
Michigan High School Athletic Association Division IV football 
championship. The Chargers defeated the Grand Rapids Catholic Central 
Cougars 17-10 in the final game, held November 25 at Ford Field in 
Detroit.
  It was certainly an exciting game that showcased some of the best 
talent the State of Michigan has to offer.
  The Chargers are a true testament of what hard work, dedication, 
determination, and a passionate desire to win can accomplish. Under the 
guidance of Head Coach Jack Pratt, and Assistant Coaches John 
Zintsmaster, David Pratt, John Pratt, and Brian McInerny, the 
championship served as a wonderful finish to a remarkable year, 
highlighted by a tremendous record of 12-2.
  The Chargers roster includes: seniors Josh Babcock, Tom Birchmeier, 
Eddy Brady, Nick Brown, Nick DeGroot, David Filipovich, Austin Flores, 
Billy Gonsler, Matt Gregson, Nate Kopydlowski, Tre Leoni, Andy 
McCarthy, Jamie Metcalf, Joe Mounger, Dain Murphy, Alex Perry, Tony 
Poma, Stevie Sleva, Zach Smith, Justin Ward, Ryan Webber, Zeke Zanettaj 
juniors Matthew Callahan, Kyle Everhart, Chris Filipovich, Eric 
Fridline, Ricky Guerra, Lance Harchick, Spencer Hickoff, Laval Lucas-
Perry, Bobby Macciomei, Michael McPherson, Joshua Michalik, James 
Milne, Matt Ockerman, Adam PeIc, Ryan Riker, Ryan Sitko, Andrew 
Skowronski, Thomas Strong, Brad Wittj and sophomores Chris Beer, Steve 
Bonar, John Buck, Louie Chamberlain, John Crook, Andy Herman, Ernie 
Jones, Tim Kirtek, Andrew Kowalczyk, Brendan Laney, Ronnie Lark, Jeff 
Maksymowski, Josh Miller, Aaron Sitko, Kyle Steibel, Alex Summers, 
David Weishuhn, Tom Zintsmaster, and Mike Zureikat. These young men, 
led by senior captains Birchmeier, Filipovich, Leoni, Poma, and Ward, 
proved to be leaders in the classroom, the football field, and the 
community. They are all shining examples of the school's commitment to 
success in all aspects of life.
  Mr. Speaker, I salute the accomplishments of the Powers Chargers, and 
share the joy of victory with the students, faculty, parents, alumni, 
and the entire Flint community. I am certain that when these fine young 
men look back upon their high school days, they shall deservedly count 
this state championship as one of their most cherished memories. I ask 
my colleagues to please join me in congratulating them, and wishing 
them the very best in their future endeavors.

[[Page 28443]]



                          ____________________




                     IN SEARCH OF MIDDLE EAST PEACE

                                 ______
                                 

                             HON. SAM FARR

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. FARR. Mr. Speaker, the United States must rededicate itself to 
creating the groundwork for a lasting peace between all the sons of 
Abraham. A just and lasting peace will be achieved by imbuing the 
region with the unswerving proof that democracy is the better path than 
armed conflict and insurgency.
  To quote a great American, Abe Lincoln, ``The ballot is stronger than 
the bullet.'' The Palestinian elections are a historic opportunity to 
bring more Palestinians into the folds of a democratic state; replacing 
guns with ballots. This election will, hopefully, give President Abbas 
the legitimacy to implement the necessary reforms for a democratic 
government: eliminating paramilitary groups, ending corruption and 
creating a government infrastructure that can provide economic and 
social services. Hamas is a popular organization in many parts of the 
West Bank and Gaza because it, not the state, provides a variety of 
social services.
  President Abbas must work to create law and order but, just as 
important, he needs to foster economic and social development for the 
Palestinian people, but he cannot do this alone. The West Bank and Gaza 
Strip will remain economically stagnant and ripe for further violence 
unless there are serious international efforts to improve the 
deplorable living conditions of Palestinians. I urge the Administration 
and my colleagues in Congress to robustly fund programs that will 
create economic development for Palestinians, which I believe is an 
essential step in creating peace in the region.
  Finally, the Administration and Congress should be promoting programs 
that bring about reconciliation between Israelis and Palestinians. For 
example, programs like the Interfaith Encounter Association based in 
Jerusalem bring together Muslims, Jews and Christians to work on 
building peace and reconciliation. I urge the Administration to include 
robust funding in the FY 07 budget request for reconciliation programs 
and to work to build a strong, legitimate civil society in West Bank 
and Gaza so that Palestinians voices, not gunfire, can reverberate 
throughout the Middle East.
  I voted for passage of H. Res. 575 not because it is the only 
solution, but because dismantling the Hamas terrorist organization is 
part of a solution for peace between two peoples who are truly 
brothers.

                          ____________________




         THE INTRODUCTION OF THE KALAUPAPA MEMORIAL ACT OF 2005

                                 ______
                                 

                              HON. ED CASE

                               of hawaii

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. CASE. Mr. Speaker, I am truly honored today to introduce, with my 
colleague, Congressman Neil Abercrombie, the Kalaupapa Memorial Act of 
2005, legislation authorizing the establishment of a memorial at a 
suitable location or locations at Kalawao or Kalaupapa within the 
boundaries of Kalaupapa National Historical Park located on the island 
of Molokai, in my home State of Hawaii, to honor and perpetuate the 
memory of those individuals who were forcibly relocated to the 
Kalaupapa Peninsula from 1866 to 1969.
  Kalaupapa National Historical Park, encompassing most of the isolated 
and haunting Kalaupapa Peninsula and adjacent lands, was established 25 
years ago on December 22, 1980. In advance of celebrating its 25th 
anniversary, our National Park Service is hosting day-long 
commemorative activities today at Kalaupapa, and it is entirely fitting 
that we offer this measure during this time of renewed commemoration.
  Kalaupapa National Historical Park is a very special and beautiful 
park with a rich and tragic history. While the park is widely known for 
the isolation and settlement of Hansen's disease patients from 1866 
until 1969, Native Hawaiians inhabited the Kalaupapa Peninsula for 900 
years prior to being forcibly removed from their homelands between 1865 
and 1895. Surrounded on three sides by ocean and the fourth by steep 
cliffs, Kalaupapa is spectacularly breathtaking and ecologically 
diverse, home to nearly 20 federally listed threatened and endangered 
species of plants and animals. When one visits Kalaupapa today, it is 
like stepping back in time.
  Due to its steep cliffs and isolated geography, the Kalaupapa 
Peninsula was used by the Kingdom of Hawaii, and subsequently the 
Territory and State of Hawaii, as an isolation settlement for 
individuals considered to have Hansen's disease, widely known as 
leprosy, for nearly a century. By law, individuals were forcibly 
separated from their families and isolated at Kalaupapa to ``protect 
the welfare of society.'' These isolation laws, dating back to 1865, 
were not abolished until 1969.
  Although the World Health Organization still documents over a million 
registered cases of Hansen's disease worldwide, today it is considered 
one of the least contagious of all communicable diseases due to 
established and successful drug treatments. In Hawaii, those needing 
medical treatment outside of Kalaupapa are able to go to the Hale 
Mohalu wing of Leahi Hospital in Honolulu.
  However, that is now, and the history of Kalaupapa is otherwise. 
Between 1866 and 1896, the first 5,000 individuals were forcibly 
relocated to Kalaupapa, most of whom lived at Kalawao. The second wave 
of patients (approximately 3,000) occurred after 1896 until 1969, when 
most of the community lived on the Kalaupapa side of the peninsula. 
Most of these unfortunate fellow citizens died on the peninsula; while 
many of their final resting places are known and remembered, many are 
not.
  It is right and appropriate that these many lives be remembered, both 
individually and collectively, within the boundaries of the world to 
which they were condemned for life, through maintenance of the park 
itself, the history of the settlement, and an appropriate memorial. Ka 
Ohana O Kaluapapa, a non-profit organization consisting of patient 
residents at Kalaupapa National Historical Park and their family 
members and friends, was established in August 2003 for just this 
purpose: to promote the value and dignity of the 8,000+ individuals (at 
least 90 percent of who were Native Hawaiian) who were forcibly 
relocated to the Kalaupapa Peninsula.
  Since its establishment, Ka Ohana O Kalaupapa has sought to honor and 
perpetuate the memory of these 8,000+ individuals through the 
establishment of a memorial at a suitable location or locations at 
Kalawao or Kalaupapa within the boundaries of Kalaupapa National 
Historical Park. I fully support its efforts, which have broad-based 
support from the Kalaupapa Advisory Council and the community.
  The national and international significance of Kalaupapa is the rich 
and tragic history of the lives and memories of those individuals who 
were forcibly relocated to the Kalaupapa Peninsula between 1866 and 
1969. It is fitting and appropriate that our nation, through the 
National Park Service, ensure that they are never forgotten through the 
establishment of a memorial.
  I therefore believe that the establishment of a memorial is 
consistent with the basis for the park's establishment. It is timely. 
And it will enhance the purpose of the park, which is to ``preserve and 
interpret the Kalaupapa settlement for the education and inspiration of 
present and future generations.''
  I look forward to working with my House colleagues, particularly 
members of the House Resources Committee, the National Park Service, 
and the Hawaii congressional delegation, in passing this legislation.

                          ____________________




          HONORING THE WORK OF EASTER SEALS OF SOUTHERN NEVADA

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. PORTER. Mr. Speaker, I rise today to applaud the extraordinary 
efforts of Easter Seals in Southern Nevada. Their numerous programs 
provide the kind of community-based relief for individuals with 
disabilities and their families.
  Unfortunately, one of these most valuable programs is facing 
significant financial hardship. This particular program has provided 
after school activities for children with disabilities from the age of 
6 to 18 for the past 15 years. Without the help of business leaders and 
private individuals in the community, these children and their families 
will lose this most important resource. As a whole, Easter Seals is 
Nevada's largest community-based organization serving over 2,000 
persons with disabilities and their families each year. Their efforts 
on behalf of individuals with disabilities bring greater self-
sufficiency and most importantly greater dignity. We must work to 
ensure that these resources continue to be available in the community.
  Mr. Speaker, I hope to bring to the attention of my colleagues the 
wonderful services that Easter Seals of Southern Nevada provides to the 
most vulnerable in our society. The needs

[[Page 28444]]

of this single program highlight how we, as Members of Congress, must 
continue all of our efforts to strengthen the resources available to 
the neediest in our communities.
  Easter Seals of Southern Nevada represents the ideal of a community-
based care provider for disabled children. Without the generosity of 
all the individuals who make this dream a reality, these most valuable 
resources would fail to exist. I am confident that, during this holiday 
season, the businesses and individuals of Nevada will show their 
support for this important program and continue to demonstrate the 
generosity of my home community.

                          ____________________




      THE SPENT NUCLEAR FUEL ON-SITE STORAGE SECURITY ACT OF 2005

                                 ______
                                 

                           HON. JIM MATHESON

                                of utah

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. MATHESON. Mr. Speaker, Nevada Senators Harry Reid and John Ensign 
introduced federal legislation today to mandate that nuclear waste be 
stored on-site at nuclear power plant sites. I'm proud to join my 
colleague from Nevada, Shelley Berkley, in introducing legislation in 
the House to mandate that nuclear waste be stored on-site.
  The West--whether it is Utah's Skull Valley or Nevada's Yucca 
Mountain--should not be the de facto dumping ground for nuclear waste. 
Storing nuclear waste on site is the safest, most reasonable and most 
effective way of allowing nuclear power plants to continue operating 
while we search for an appropriate long-term storage solution.
  The Utah and Nevada delegations are united on this--Jim Gibbons and 
Jon Porter from Nevada, and Chris Cannon and Rob Bishop from my home 
state of Utah have joined in this fight on the House side and our 
senators, Bob Bennett and Orrin Hatch are cosponsors of the Senate 
bill.
  Under the Nuclear Waste Policy Act of 1982, the federal government 
has so far only focused on the flawed Yucca Mountain proposal for a 
central repository for spent nuclear fuel rods. Given the wealth of 
concerns about incomplete scientific evidence and falsified 
documentation stemming from the Yucca proposal and the clear gaps in 
transportation security for waste sent to the West, on-site storage is 
a much better solution.
  Dry cask storage--the method proposed by a private entity that wants 
to store waste on the Skull Valley site in Utah--is currently being 
used at 33 nuclear power plants around the country. As approved by the 
Nuclear Regulatory Commission, dry cask containers can safely store 
waste for at least 100 years. We should not subject citizens to the 
dangers posed by transporting it through their communities when it can 
remain where it is.
  The Spent Nuclear Fuel On-Site Storage Security Act of 2005 would 
require commercial nuclear utilities to transfer nuclear waste from 
spent nuclear fuel pools into dry storage casks. For spent fuel 
currently in pools, a contractor licensed to handle spent nuclear fuel 
would have up to 6 years, to allow sufficient time for cooling and 
construction, to transfer spent nuclear fuel from pools into dry casks. 
Any new spent nuclear fuel produced after enactment, also has no more 
than 6 years to cool, before being transferred into dry casks. Such 
continuous transfer would mean that the pools are never at capacity, 
leaving less waste exposed and making the site safer. This bill would 
also require the Department of Energy to take title of all spent 
nuclear fuel currently in on-site dry cask storage and would even 
compensate the utility companies for expenses associated with 
transferring and storing the waste.
  This means that DOE will be responsible for possession, stewardship, 
maintenance, and monitoring of the spent nuclear fuel on-site, which is 
entirely appropriate. DOE was supposed to begin taking title to spent 
nuclear fuel in 1998, but because of the myriad of technical, 
scientific, legal and political problems surrounding the proposed Yucca 
Mountain nuclear waste repository, this has not happened. Taking title 
to spent nuclear fuel fulfills the federal government's obligation and 
commitment to retake control over nuclear materials. I thank my 
colleagues for their support of this legislation.

                          ____________________




                        NATIONAL CAREGIVER MONTH

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                      Wednesday, December 14, 2005

  Ms. WOOLSEY. Mr. Speaker, I rise today to offer congratulations and 
thank yous to the many grandparents and other relatives in California 
and across the Nation who are providing loving homes to some of our 
most fragile citizens. Children who may have suffered from neglect or 
abuse through the death of a parent, military deployment, poverty or 
other causes can be raised in warm, stable homes through subsidized 
guardianship programs.
  Dedicated relatives who step forward to offer such care--sometimes at 
considerable personal sacrifice--guarantee these children the safe and 
nurturing upbringing that will enable them to be tomorrow's leaders. 
Today there are more than 6 million children living in relative-headed 
households, and I am proud to honor their service during National 
Caregiver Month and throughout the rest of the year.

                          ____________________




H. RES. 438 (ON UNFAIR AND DISCRIMINATORY RESOLUTIONS AGAINST ISRAEL IN 
                          THE UNITED NATIONS)

                                 ______
                                 

                          HON. STENY H. HOYER

                              of maryland

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. HOYER. Mr. Speaker, I urge my colleagues on both sides of the 
aisle to support this very important bipartisan resolution calling on 
member states of the United Nations to stop unfairly criticizing Israel 
and to promote a more balanced approach to the challenges in the Middle 
East.
  In June of this year, the House overwhelmingly adopted a resolution 
condemning anti-semitic statements made at U.N. meetings and by U.N. 
member states. It was proper and appropriate that we publicly and 
vocally condemn some of the outrageous statements made by U.N. 
officials and member states.
  However, there also is a more subtle form of anti-semitism that has 
been taking place at the United Nations for far too long--the alarming 
rate at which the U.N. General Assembly has considered and adopted 
anti-Israel resolutions.
  As noted in the text of Mr. Rothman's measure, 21 of the 71 
resolutions adopted by rollcall votes during the 59th session of the 
General Assembly dealt with Israel, and in recent years, the General 
Assembly and Security Council have introduced and approved hundreds of 
measures and resolutions that unfairly criticize and condemn Israel.
  At a time when the international community is confronted with crises 
such as the ongoing terror campaign being waged by AI Qaeda against 
democracies in every corner of the world, the tragic genocide in 
Darfur, Sudan, and the continued spread of HIV/AIDS, TB and malaria, 
the U.N. General Assembly has seen fit to devote nearly a third of its 
time to castigating the state of Israel.
  These unbalanced and discriminatory anti-Israel resolutions have been 
adopted by overwhelming margins. Meanwhile, there has been a disturbing 
lack of condemnation of Palestinian terror attacks against Israel.
  Mr. Speaker, I urge my colleagues to not only support this 
resolution, but also to carry its message to the ambassadors, foreign 
ministers and heads of state with whom they meet on a daily basis: The 
mistreatment of Israel at the hands of the United Nations has not gone 
unnoticed, and it is no longer acceptable.
  Furthermore, this obsessive and inappropriate focus on Israel at the 
United Nations only serves to harm that institution's credibility and 
to undermine the U.N.'s ability to serve as an honest broker in the 
Israeli-Palestinian conflict.

                          ____________________




  INTRODUCING THE KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT OF 2005

                                 ______
                                 

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. CUMMINGS. Mr. Speaker, I rise today to introduce the Kendell 
Frederick Citizenship Assistance Act of 2005, legislation honoring one 
of America's fallen heroes who was killed by a roadside bomb in Iraq. 
Army Reserve Specialist Kendell Frederick's life may have been spared 
had he not made a fateful trip to provide his fingerprints for his 
citizenship application.
  This bill would lessen the burden non-citizens serving in the U.S. 
military encounter while attempting to navigate a naturalization 
process that is all too often fraught with inefficiency and 
indifference.
  Amidst car bombs and insurgent attacks, Specialist Frederick of 
Randallstown, Maryland, had a dual struggle of fighting the enemy

[[Page 28445]]

in Iraq and the requirements for U.S. citizenship. All the while, his 
mother endured both the stress of having a child in a combat zone and 
the frustration of trying to assist her son meet the bureaucratic 
demands of naturalization.
  Eventually, only one obstacle remained in Specialist Frederick's 
path-providing the Bureau of Citizenship and Immigration Services with 
his fingerprints.
  Although the U.S. Military already had a copy, Specialist Frederick 
was required to travel through the battlefields of Iraq in order to 
provide a duplicate. Tragically, he did not survive this final journey 
and was awarded his citizenship posthumously.
  Last month, Kendell Frederick achieved in death in a matter of 
minutes what he had so long fought to obtain in life, his U.S. 
citizenship. Tragically, he never enjoyed the privileges of U.S. 
citizenship--he would never cast a vote to determine those who govern, 
nor would he ever know the comfort of being fully embraced as an 
American by the very Nation he defended to his last breathe.
  Fortunately, today we have an opportunity to honor the ultimate 
sacrifice of Specialist Frederick by doing what is right for the 
approximately 40,000 non-citizens who are serving on active duty in the 
U.S. military, including 3,200 brave men and women who are serving in 
Afghanistan and Iraq.
  In 2002, President Bush signed an executive order that provides 
immediate eligibility for naturalization to active-duty members of the 
U.S. military during a period of military hostility, bypassing the 
waiting period that otherwise would apply to them. This was an 
important step--but we owe our brave soldiers more.
  In clear and plain terms, those who are prepared to sacrifice and die 
for this country deserve a more efficient, common sense naturalization 
process that bestows to them the admiration and benefits of American 
citizenship befitting their service. For these reasons, Senator Barbara 
Mikulski and I have sponsored the Kendell Frederick Citizenship 
Assistance Act of 2005.
  Our proposed legislation would require that the Secretary of Homeland 
Security use the fingerprints provided by soldiers at the time they 
enlist in the Armed Forces to satisfy the fingerprinting requirements 
associated with their applications for citizenship.
  New soldiers would be notified in writing about how to obtain 
citizenship; and the Secretary of Homeland Security would be required 
to update the appropriate application, guidebook, and Web site 
maintained by the Department of Homeland Security within 30 days of a 
change to law or regulation regarding the naturalization process.
  Moreover, our bill would establish the position of Citizenship 
Advocate at each military entry processing station to provide 
information on the naturalization process to members of the armed 
forces.
  Finally, we would also require the Government Accountability Office, 
GAO, to study the implementation of this act, including an evaluation 
of how technology may be used to improve the efficiency of the 
naturalization process for members of the armed forces. The GAO would 
then report to Congress its findings and recommendations.
  Our bill emphasizes common sense over bureaucratic thinking and 
clarity over confusion, to establish a naturalization process that is 
more soldier-friendly and efficient.
  Given the life-or-death battles soldiers like Specialist Kendell 
Frederick routinely face on foreign soil; let us never forget they need 
not battle red tape here at home. Support our troops by supporting this 
legislation.

                          ____________________




   ESTABLISHING A MEMORIAL WITHIN KALAUPAPA NATIONAL HISTORICAL PARK

                                 ______
                                 

                         HON. NEIL ABERCROMBIE

                               of hawaii

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. ABERCROMBIE. Mr. Speaker, I rise today in support of a bill 
introduced by my colleague, Representative Ed Case. His bill to 
establish a memorial within Kalaupapa National Historical Park would 
serve to honor and perpetuate the memory of those individuals who were 
forcibly relocated to the Kalaupapa Peninsula from 1866-1969.
  The sad history of Kalaupapa is well known within the State of 
Hawaii. Two tragedies occurred on the Kalaupapa Peninsula on the north 
shore of the island of Moloka`i. The first is the removal of indigenous 
people in 1865 and 1895. The removal of Hawaiians from where they had 
lived for 900 years cut the cultural ties and associations of 
generations of people from the `aina (land).
  The second tragedy is the forced isolation of sick people to this 
remote place from 1866 until 1969. The establishment of an isolation 
settlement, first at Kalawao and then at Kalaupapa, tore apart Hawaiian 
society as the Kingdom of Hawaii, and subsequently the territory of 
Hawai`i, tried to control the feared disease of leprosy, now known as 
Hansen's disease. The impact of broken connections with the `aina and 
of family members ``lost'' to Kalaupapa are still felt in Hawai`i 
today.
  Kalaupapa National Historical Park, established in 1980, contains the 
physical setting for these stories. Within its boundaries are the 
historic Hansen's disease settlements of Kalaupapa and Kalawao. The 
community of Kalaupapa, on the leeward side of Kalaupapa Peninsula, is 
still home for many surviving Hansen's disease patients, whose memories 
and experiences are cherished values. In Kalawao on the windward side 
of the peninsula are the churches of Siloama, established in 1866, and 
Saint Philomena, associated with the work of Father Damien (Joseph De 
Veuster), a great humanitarian who gave his life to minister to the 
physical and spiritual needs of those banished to the settlement.
  Kalaupapa retains the memories and spirit of all those who lived 
there. Someday, the last Hansen's disease patient living in Kalaupapa 
will pass away. A memorial will be a permanent tribute to the brave 
souls who called Kalaupapa home. I support this legislation and hope my 
colleagues will also extend their support.

                          ____________________




                ROMANIA'S BAN ON INTERCOUNTRY ADOPTIONS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Wednesday, December 14, 2005

  Mr. SMITH of New Jersey. Mr. Speaker, last month I introduced a 
resolution, H. Res. 578, expressing disappointment that the Government 
of Romania has instituted a virtual ban on intercountry adoptions that 
has very serious implications for the welfare and well-being of 
orphaned or abandoned children in Romania. As Co-Chairman of the 
Commission on Security and Cooperation in Europe (the Helsinki 
Commission), I am pleased to be joined as original cosponsors by the 
Commission's Ranking House Member, Representative Cardin, fellow 
Commissioners Representative Pitts and Pence as well as Chairman of the 
International Relations Subcommittee on the Western Hemisphere 
Representative Burton, and Representative Northup, Costello, Jo Ann 
Davis, Tiahrt, Bradley and Frank.
  Mr. Speaker, the children of Romania, and all children, deserve to be 
raised in permanent families. Timely adoption of H. Res. 578 will put 
the Congress on record:
  Supporting the desire of the Government of Romania to improve the 
standard of care and well-being of children in Romania;
  Urging the Government of Romania to complete the processing of the 
intercountry adoption cases which were pending when Law 273/2004 was 
enacted;
  Urging the Government of Romania to amend its child welfare and 
adoption laws to decrease barriers to adoption, both domestically and 
intercountry, including by allowing intercountry adoption by persons 
other than biological grandparents;
  Urging the Secretary of State and the Administrator of the United 
States Agency for International Development to work collaboratively 
with the Government of Romania to achieve these ends; and
  Requesting that the European Union and its member States not impede 
the Government of Romania's efforts to place orphaned or abandoned 
children in permanent homes in a manner that is consistent with 
Romania's obligations under the Hague Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption.
  In 1989, the world watched in horror as images emerged from Romania 
of more than 100,000 underfed, neglected children living in hundreds of 
squalid and inhumane institutions throughout that country. Six weeks 
after the end of the dictatorial regime of Nicolae Ceausescu, I visited 
Romania and witnessed the misery and suffering of these 
institutionalized children. They were the smallest victims of 
Ceausescu's policies which undermined the family and fostered the 
belief that children were often better cared for in an institution than 
by their families.
  Americans responded to this humanitarian nightmare with an outpouring 
of compassion. For years now, Americans have volunteered their labor 
and donated money and goods to help Romania improve conditions in these 
institutions. Many families in the United States

[[Page 28446]]

also opened their hearts to Romania's children through adoption. 
Between 1990 and 2004, more than 8,000 children found permanent 
families in the U.S.; thousands of others joined families in Western 
Europe.
  The legacies of Ceausescu's rule continue to haunt Romania and, when 
coupled with widespread poverty, have led to the continued abandonment 
of Romania's children. According to a March 2005 report by UNICEF, 
``child abandonment in 2003 and 2004 [in Romania] was no different from 
that occurring 10, 20, or 30 years ago.'' UNICEF reports that more than 
9,000 children a year are abandoned in Romania's maternity wards or 
pediatric hospitals. According to the European Union, 37,000 children 
remain in institutions; nearly 49,000 more live in nonpermanent 
settings in ``foster care'' or with extended families. An unknown 
number of children live on the streets.
  During Romania's first decade of post-communist transition, the 
corruption which plagued Romania's economy and governance also seeped 
into the adoption system. There is no question that corruption needed 
to be rooted out. The U.S. Government and the U.S. Helsinki Commission 
have been steadfast in our support of Romania's efforts to combat 
corruption and to promote the rule of law and good governance.
  I strongly disagree, however, with supporters of the current ban on 
intercountry adoption who allege that it was a necessary anti-
corruption measure. There are many indications that corruption has been 
used as a hook to advance an ulterior agenda in opposition to 
intercountry adoption. In the context of Romania's desire to accede to 
the European Union, unsubstantiated allegations have been made about 
the fate of adopted children and the qualifications and motives of 
those who adopt internationally. Romanian policy makers chose to adopt 
this law against intercountry adoption in an effort to secure accession 
despite the fact, as stated in H. Res. 578, that there is no European 
Union law or regulation restricting intercountry adoptions to 
biological grandparents or requiring that restrictive laws be passed as 
a prerequisite for accession to the European Union.
  The resolution notes that the Romanian Government declared a 
moratorium on international adoptions in 2001 but continued to accept 
new applications and allowed many such applications to be processed 
under an exception for extraordinary circumstances. Then, in June 2004, 
Law 273/2004 was adopted, taking effect on January 1, 2005, which 
banned intercountry adoption except in the exceedingly rare case of a 
child's biological grandparent living outside the country. At the time 
of enactment, approximately 1,500 adoption applications were registered 
with the Romanian Government; of these, 200 children had been matched 
with prospective parents from the United States and the remainder from 
Western Europe.
  Intercountry adoption is, and always should be, anchored on the need 
to find homes for children, not to find children for would-be parents. 
Nonetheless, the individuals who applied to adopt Romanian children in 
the past few years committed their hearts to these children and we must 
recognize that the Romanian Government's mishandling of their 
applications has put them through a years-long emotional agony. H. Res. 
578 calls on the Government to conclude the processing of these cases 
in a transparent and timely manner. Since introduction of the 
resolution, the Romanian press has reported that intercountry adoption 
would be denied in all of the pending cases. If indeed this is 
accurate, then it is impossible to believe that the standard applied in 
each case was that of the best interest of the child.
  Romania's new adoption law and another addressing child protection, 
Law 272/2004, create a hierarchy of placement for orphaned or abandoned 
children. By foreclosing the option of intercountry adoption, the laws 
codified the misguided proposition that a foster family, or even an 
institution, is preferable to an adoptive family outside the child's 
country of birth.
  On November 29, the European Commission issued a press release 
stating that ``according to the Romanian Office for Adoptions, there 
are 1,355 Romanian families registered to adopt one of the 393 children 
available for adoption. Thus there is little scope, if any, for 
international adoptions.'' The European Commission's press release 
fails to mention that more than 80,000 children in Romania are growing 
up without permanent families--in orphanages, foster care, maternity 
hospitals, or on the streets. That less than 400 have been declared 
available for adoption is a denunciation of the child welfare system. 
Barely 1,000 children have ever been domestically adopted in Romania in 
any given year and since enactment of the new laws in 2004, the rate of 
domestic adoption has fallen further. There is no doubt that if more 
children were to be made available for adoption, there would be a great 
need for intercountry adoption to provide them with permanent, loving 
homes. For thousands of children abandoned annually in Romania, 
intercountry adoption offered the hope of a life outside of foster care 
or an institution. That hope has now been taken away. This will fall 
hardest on the Roma children who are least likely to be adopted in-
country due to pervasive societal prejudice.
  The Romanian Government and the European Commission are attempting to 
use a Potemkin Village to hide a grim reality of suffering children and 
bureaucratic obstacles which prevent them from being declared legally 
available for adoption. In one case that has come to the Commission's 
attention, an adoptive family is waiting for biological parents to sign 
away their rights to a child they abandoned at birth and who has spent 
the first four years of her life with her prospective adoptive parents. 
She knows no other parents. Her biological parents have on four 
previous occasions relinquished their parental rights and yet, because 
of the new laws, the child has still not been declared available for 
adoption.
  Other sources also belie a Potemkin approach. A November 5th article 
in the British journal The Lancet entitled ``Romania's Abandoned 
Children are Still Suffering,'' quotes a charity worker saying, ``of 
course something needs to be done to help the children here, but at the 
moment all the Romanian government is doing is signing forms sending 
children back to their parents . . . It doesn't seem to matter that the 
parents might be alcoholics or have no means to look after their kids 
as long as the numbers are cut.'' The article continues, ``Romanian 
authorities have proudly claimed that last year only 1,483 children 
aged 0-2 years were in state institutions, compared with 7,483 in 1997. 
But those figures do not include hospitals, where staff admit they rely 
on donations from charities and individuals to keep helping such 
children. . . . The head of the Neonatology Department at the 
University Hospital in Bucharest says abandoned children stay on 
average for 6-7 months [and] the situation is almost as bad as it was 
in Ceausescu's time.'' The article also quotes the head of the 
Neonatology Section at the Bucur Maternity Hospital, also in Bucharest, 
as saying ``last year, we had more abandoned kids than ever because the 
law changed. And it changed for the worse for the people in the 
maternity wards because the law forbids us to send children under 2 
years old to state orphanages.''
  At a Helsinki Commission hearing on September 14, Dr. Dana Johnson, 
Director of the International Adoption Clinic and Neonatology Division 
at the University of Minnesota Children's Hospital, testified that 
Romania's concentration on the reunification of an abandoned child with 
his or her biological family is only superficially consistent with the 
U.N. Convention on the Rights of the Child or the Hague Convention on 
Protection of Children and Co-operation in Respect of Intercountry 
Adoption. According to Dr. Johnson, ``in neither of those documents is 
the mention of time. . . . It doesn't tell you how long you should 
spend reunifying that child with the family. . . . Contemporary child 
development research has clearly shown that there is a known amount of 
deterioration that occurs in children who are in hospitals or 
institutional care and outside of family care during the first few 
years of life. . . . You can predict that every child who is in 
institutional care during that period of time will lose one month of 
physical growth, one month of motor development, one month of speech 
development for every three months they're in institutional care. You 
also can predict that from age four months through 24 months of age, 
they will lose one to two I.Q. points a month during that period of 
time. The other thing we know is that by placing them into a caring, 
competent family, that you can recover some of this function. . . . A 
child that is abandoned in Romania today at the end of next summer will 
have permanently lost 15 I.Q. points. That child two years from now 
will have permanently lost 30 I.Q. points, which means that half of 
those kids are going to be mentally retarded.''
  Mr. Speaker, the clock is ticking for Romania's children. H. Res. 578 
notes that Romania is a party to the Hague Convention on Intercountry 
Adoption which recognizes that ``intercountry adoption may offer the 
advantage of a permanent family to a child for whom a suitable family 
cannot be found in his or her State of origin.'' State Department 
officials and nongovernmental experts from the adoption and child 
welfare communities have testified that Romania's child welfare and 
adoption laws are inconsistent with Romania international commitments 
under this and other agreements.
  The resolution further notes that UNICEF has issued an official 
statement in support of intercountry adoption which, in pertinent part,

[[Page 28447]]

reads: ``for children who cannot be raised by their own families, an 
appropriate alternative family environment should be sought in 
preference to institutional care, which should be used only as a last 
resort and as a temporary measure. Intercountry adoption is one of a 
range of care options which may be open to children, and for individual 
children who cannot be placed in a permanent family setting in their 
countries of origin, it may indeed be the best solution. In each case, 
the best interests of the individual child must be the guiding 
principle in making a decision regarding adoption.''
  Finally, Mr. Speaker, with regard to the role of the European Union 
in this debacle, I ask who in the European Union will stand with 
Members of Congress to protect these defenseless children? All children 
deserve better than to spend their lives in group homes or warehoused 
in institutions where their physical, psychological, emotional and 
spiritual well-being is critically endangered. It is indeed tragic if 
the price of admission to the European Union is the sacrifice of 
thousands of Romania's orphaned or abandoned children.
  I strongly urge my colleagues to support this resolution. For the 
sake of the innumerable children in need of permanent families, the 
voice of the United States Congress must be heard clearly in this 
transatlantic dialogue on intercountry adoption.
    

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, December 15, 2005 may be found in 
the Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                              DECEMBER 16
     10:30 a.m.
       Armed Services
         To receive a closed briefing regarding future naval force 
           structure requirements.
                                                            SR-222

                               JANUARY 9
     12 noon
       Judiciary
         To hold hearings to examine the nomination of Samuel A. 
           Alito, Jr., of New Jersey, to be an Associate Justice 
           of the Supreme Court of the United States.
                                                            SH-216

                               FEBRUARY 9
     10 a.m.
       Commerce, Science, and Transportation
         To hold an oversight hearing to examine commercial 
           aviation security, focusing on Transportation Security 
           Administration's aviation passenger screening programs, 
           Secure Flight and Registered Traveler, to discuss 
           issues that have prevented these programs from being 
           launched, and to determine their future.
                                                            SD-562
     2:30 p.m.
       Commerce, Science, and Transportation
         To continue oversight hearings to examine commercial 
           aviation security, focusing on physical screening of 
           airline passengers, including issues pertaining to 
           Transportation Security Administration's Federal 
           passenger screener force, TSA procurement policy, air 
           cargo screening, and the deployment of explosive 
           detection technology.
                                                            SD-562