Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, JANUARY 27, 2004 No. 6 House of Representatives The House met at 12:30 p.m. and was had to attend school in order to get the serves our national security interests called to order by the Speaker pro tem- meals. by attacking the breeding grounds of pore (Mr. BONNER). Providing food to malnourished chil- terrorism, hunger, poverty, ignorance, f dren in schools is one of the most effec- and despair, while at the same time en- tive strategies to fight hunger and pov- suring that children are fed in settings DESIGNATION OF SPEAKER PRO erty. Where programs are offered, en- where they receive a quality education TEMPORE rollment and attendance rates increase rather than hate-filled indoctrination. The SPEAKER pro tempore laid be- significantly, particularly for girls. In- But rather than expanding this pro- fore the House the following commu- stead of working or searching for food gram to reach even more school-age nication from the Speaker: to combat hunger, children have the children, to help stabilize communities WASHINGTON, DC, chance to go to school. Providing food devastated by HIV/AIDS, and to sup- January 27, 2004. at school is a simple but effective port HIV/AIDS orphans so that they I hereby appoint the Honorable JO BONNER means to improve literacy and help might contribute to the future of their to act as Speaker pro tempore on this day. poor children break out of poverty. nations rather than burden them, we J. DENNIS HASTERT, The McGovern-Dole program helps us cut this program once again. Speaker of the House of Representatives. to achieve many of our foreign policy On November 26, the United Nations f goals and communicates America’s Food and Agriculture Organization re- compassion to those around the world. MORNING HOUR DEBATES leased its 2003 report on hunger. It And at the end of the day, it will be found that after falling steadily during The SPEAKER pro tempore. Pursu- programs like McGovern-Dole that will the 1990s, hunger is again on the rise. ant to the order of the House of Janu- ultimately triumph over poverty and In the developing world, the number of ary 20, 2004, the Chair will now recog- terror. malnourished people grew by an aver- nize Members from lists submitted by One year ago, in February 2003, the age of 4.5 million a year for the past 3 the majority and minority leaders for U.S. Department of Agriculture evalu- years. The report also found that hun- morning hour debates. The Chair will ated this program, and the conclusions ger exacerbates the AIDS crisis, drives alternate recognition between the par- were overwhelmingly positive. In addi- rural people into the cities, and forces ties, with each party limited to not to tion to significantly reducing the inci- women and children to trade sex for exceed 30 minutes, and each Member, dence of hunger among school-age chil- food and money. except the majority leader, the minor- dren, the program was also found to Yet over the past 3 years, we have ity leader, or the minority whip, lim- promote educational opportunity, espe- cut funding for the McGovern-Dole ited to not to exceed 5 minutes. cially for girls, among some of the school feeding program so that it is The Chair recognizes the gentleman poorest populations in the world. now one-sixth of what it once was. This from Massachusetts (Mr. MCGOVERN) Sadly, in fiscal year 2003, McGovern- means that 84 out of every 100 children for 5 minutes. Dole received only $100 million in fund- we were feeding and schooling under f ing, reducing the number of children this program in 2001 have been cut off served to scarcely more than 2 million from this food source. They now either THE U.S. MUST DO MORE TO worldwide in just 28 countries. In fiscal go to school hungry or have once again FIGHT CHILD HUNGER year 2004, President Bush only asked dropped out of school. Mr. MCGOVERN. Mr. Speaker, on De- for $50 million, and acting under severe Mr. Speaker, this is a disgrace, plain cember 11, 102 Members of Congress budget constraints, this is what Con- and simple. sent a bipartisan letter to President gress provided. In brief, for fiscal year Mr. Speaker, we are going in the Bush asking him to restore the original 2004, the United States will literally be wrong direction, not just for the chil- funding level for the George McGovern- taking food out of the mouths of yet dren of the world, but for the security Robert Dole International Food for another 1 million hungry children and of our Nation. If as a nation we are Education Program when he submits forcing many of their families to re- committed to defeating terrorism, then his fiscal year 2005 budget next week. move them from school. we must increase and fully fund pro- The McGovern-Dole program began The senior Senator from Kansas and grams like McGovern-Dole, along with as a $300 million pilot program in 2001. the chairman of the Senate Intel- other food aid and development pro- It provided at least one nutritious meal ligence Committee, PAT ROBERTS, has grams. each day to nearly 7 million children in stated on a number of occasions his be- If as a nation we are committed to 38 countries. The catch? These children lief that the McGovern-Dole program addressing hunger, poverty, illiteracy,

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

H101

VerDate jul 14 2003 02:48 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.000 H27PT1 H102 CONGRESSIONAL RECORD — HOUSE January 27, 2004 and ignorance, then we must increase We firmly believe that these programs re- This program was to help Mexico’s and restore full funding to the McGov- duce the risk of terrorism by helping to President Fox as part of a large am- ern-Dole program and our other food eliminate the hopelessness and despair that nesty plan that has been in the works aid and development programs. breed terrorism. American products and since September 11 after the terrorist commodities are directly associated with And if we, as a nation, are committed hunger alleviation and educational oppor- attacks. But, Mr. Speaker, a question to helping educate the children of the tunity, encouraging support and good will could be asked, why are we rewarding a world, especially girls, then we must for the United States in these communities country that has been opposed to our increase and restore full funding to the and countries. war on terror? McGovern-Dole program. We strongly urge that you restore the ca- According to the Subcommittee on Mr. Speaker, I call on President Bush pacity of this critically important program Social Security of the House Com- and the congressional leadership to re- by providing $300 million for Fiscal Year mittee on Ways and Means, benefits store full funding in fiscal year 2005 to 2005. paid to retirees will exceed revenues in Sincerely, the George McGovern-Robert Dole James P. McGovern, Frank Wolf, Jo Ann just 15 years. The pay-as-you-go sys- International Food for Education Pro- Emerson, Marcy Kaptur, Doug Bereuter, tem could have serious financial prob- gram. It is truly a matter of life or Tom Lantos, Earl Pomeroy, Amo Houghton, lems in the year 2030. These projections death. Barbara Lee, Sam Graves, Edolphus Towns, do not take into account the economic CONGRESS OF THE UNITED STATES, Don Manzullo, Vic Snyder, Jim Leach, impact of the ‘‘guest worker’’ proposal, Washington, DC, December 11, 2003. Tammy Baldwin, Christopher Smith (NJ), which would allow untold millions of Hon. GEORGE W. BUSH, Marty Meehan, Doc Hastings (WA), Dennis illegal aliens from Mexico to collect President of the United States, Moore, George Nethercutt, John Olver, Jerry benefits for themselves and their fami- Washington, DC. Moran (KS), Bennie G. Thompson (MS), Todd Tiahrt, Adam Schiff, David Price, Maurice lies from their home country without DEAR MR. PRESIDENT: We are writing to having to work the required number of urge you to provide $300 million in your Fis- Hinchey, James Oberstar, Betty McCollum, cal Year 2005 Budget Proposal for the George William Delahunt, Bob Filner, Jan years that law-abiding citizens must McGovern-Robert Dole International Food Schakowsky, Sheila Jackson Lee, Leonard work to be eligible for these same pay- for Education and Child Nutrition Program. Boswell, Gary Ackerman, George Miller, outs. We believe it is urgent to restore funding for Dale Kildee, Julia Carson (IN), Albert Wynn, The deal may cost overburdened U.S. this program at levels similar to those of the Carolyn Maloney, Bobby Rush, Diana taxpayers over the next 20 years also. original pilot program. Christensen, Raul M. Grijalva, Bob Supporters of this ‘‘guest worker’’ pro- Etheridge, Pete Stark, Jim McDermott, Jim We strongly believe this funding is critical gram call this program, ‘‘totalization.’’ for sustaining and expanding the McGovern- Matheson, Jerry Costello, Mike Capuano, Jo- seph Crowley, Susan Davis (CA), Rosa I am not sure what they mean. But, Dole Program in order to combat terrorism this proposed agreement could be and to help build and consolidate democracy DeLauro, Martin Frost, Rick Larsen (WA), in the Middle East, southern Asia, the Near Sander Levin, thought of as a transfer of wealth from East, and in other regions critical to U.S. na- Ed Markey, John Tierney, Lynn Woolsey, those who play by the rules the Amer- tional security. As you are aware, the Donald Payne, Hilda Solis, Mike McNulty, ican way to those who willingly and McGovern-Dole Program provides donations Elijah Cummings, Mike Doyle, Joseph knowingly mock our own immigration of U.S. agricultural products, as well as fi- Hoeffel, Lucille Roybal-Allard, Bernie Sand- and tax laws. ers, Sam Farr, Neil Abercrombie, Jim Mar- nancial and technical assistance, for school Mr. Speaker, I believe it is time for feeding and maternal and child nutrition shall, Charles Gonzalez, Ruben Hinojosa, El- eanor Holmes Norton, Earl Blumenauer, Mr. Fox, the President of Mexico, to programs in low-income countries. We note look to his own country for reform in- that recommendations made by the General Robert Wexler, Rob Andrews, Madeleine Z. Accounting Office (GAO) in February 2002 on Bordallo, Jose Serrano, stead of his continuing to lobby to how to strengthen and improve the adminis- Maxine Waters, Lane Evans, Barney change U.S. policy. Vital reforms in tration and implementation of school feed- Frank, Ron Kind, Sanford Bishop, Jr., Mexico will break down the barriers to ing programs were fully integrated into the Sherrod Brown (OH), Henry Waxman, Steve economic growth and provide more and law establishing the McGovern-Dole Pro- Rothman, Nancy Pelosi, Dennis Kucinich, better opportunities for the people of Tom Allen, Jim Moran (VA), Rick Boucher, gram, enhancements that we believe con- Mexico. Similar reform in other re- tribute to its success. Brad Sherman, Carolyn Kilpatrick, Lois Capps, Karen McCarthy, Patrick Kennedy gional countries will reduce the incen- Both the initial pilot program and the cur- tives to make the difficult trek into rent McGovern-Dole Program have a proven (RI), Jane Harman, Alcee Hastings (FL), Wil- track record at reducing the incidence of liam Jefferson, Chris Van Hollen, Chaka our country. The President’s plan, al- hunger among school-age children and im- Fattah, Stephen Lynch, Charles Rangel. though convenient, merely, I believe, proving literacy and primary education, es- f postpones our reckoning with a situation in which over 8 million people are pecially among girls, in areas devastated by IMMIGRATION REFORM NEEDED IN war, hunger, poverty, HIV/AIDS, and the here illegally. MEXICO mistreatment or marginalization of women I certainly hope that the administra- and girls. School meals, teacher training, The SPEAKER pro tempore. Pursu- tion will take a hard look at this and related support have helped boost school ant to the order of the House of Janu- ‘‘guest worker’’ program that is being enrollment and academic performance. ary 20, 2004, the gentleman from Flor- proposed and perhaps look for real im- McGovern-Dole nutrition and school feeding ida (Mr. STEARNS) is recognized during programs also improve the health and learn- migration reform first, and that, Mr. ing capacity of children both before they morning hour debates for 5 minutes. Speaker, could start with reform in the enter school and during the years of primary Mr. STEARNS. Mr. Speaker, good state of Mexico. afternoon. With our Nation’s dedica- and elementary school. f In February 2003, the U.S. Department of tion to homeland security after the Agriculture evaluated the McGovern-Dole horrors of September 11, most citizens NEW CBO DEFICIT NUMBERS pilot program and found significant positive believe today that it is time to The SPEAKER pro tempore. Pursu- results. Specifically— strengthen, secure our borders and re- ant to the order of the House of Janu- ‘‘The results to date show measurable im- form our immigration policies. ary 20, 2004, the gentleman from New provements in school enrollment, including It appears that some type of reforms increased access by girls. In projects involv- Jersey (Mr. PALLONE) is recognized ing more than 4,000 participating schools, are on the horizon. And reforms are during morning hour debates for 5 min- the WFP reports an overall enrollment in- needed. Many of us on this floor believe utes. crease exceeding 10 percent, with an 11.7 per- that above all else, we should enforce Mr. PALLONE. Mr. Speaker, yester- cent increase in enrollment by girls. The our immigration laws that are cur- day the nonpartisan Congressional PVO’s report an overall enrollment increase rently on the books. It is the men and Budget Office once again confirmed of 5.75 percent in GFE-participating schools. women who stand on our borders today, that President Bush is the most fis- In some projects, increases in enrollment enforcing these laws every day, but cally irresponsible President in our Na- were as high as 32 percent compared with en- they may be confused. Unsure of their tion’s history. Yesterday CBO forecast rollment rates over the previous three years.’’ (USDA, The global Food for Edu- relevance, border agents are now ques- a budget deficit for the 2004 fiscal year cation Pilot Program: A Review of Project tioning why they must fight each day of $477 billion, the largest deficit in his- Implementation and Impact, page 2, Feb- to secure our borders in light of the tory. Furthermore, CBO said the over- ruary 2003) proposed ‘‘guest worker’’ program. all Federal deficit will total nearly $2.4

VerDate jul 14 2003 01:40 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.002 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H103 trillion over the next decade. That is huge dent in the deficit, but that is THE JOURNAL nearly $1 trillion worse than what CBO simply not the case, considering that The SPEAKER. The Chair has exam- forecast last fall. domestic spending only amounts to 17 ined the Journal of the last day’s pro- After the estimates were released, percent of all the Federal spending ex- ceedings and announces to the House Treasury Secretary John Snow com- pected this year. his approval thereof. mented from London that the adminis- The bottom line, Mr. Speaker: The Pursuant to clause 1, rule I, the Jour- tration remains committed to deficit fiscal record of the Bush administra- nal stands approved. reduction, stating, ‘‘Make no mistake; tion and congressional Republicans is President Bush is serious about the clear. As long as Republicans control f deficit.’’ the Federal budget, our Nation’s fiscal PLEDGE OF ALLEGIANCE Mr. Speaker, who is Secretary Snow future is seriously in question; and in The SPEAKER. Will the gentleman trying to fool? President Bush being se- order to prevent a total fiscal collapse, from Illinois (Mr. DAVIS) come forward rious about the deficit? This is the it is time for President Bush and my and lead the House in the Pledge of Al- same President Bush who inherited a Republican colleagues to face reality legiance. $5.6 trillion surplus from President and repeal the President’s tax cuts for Mr. DAVIS of Illinois led the Pledge Clinton. Over the past 3 years, thanks the very wealthiest Americans. of Allegiance as follows: mainly to three large tax breaks pri- It is time President Bush and con- marily benefiting America’s million- gressional Republicans stand with our I pledge allegiance to the Flag of the aires, President Bush has presided over United States of America, and to the Repub- Nation’s children, who will be forced to lic for which it stands, one nation under God, an $8.5 trillion fiscal collapse. bear the brunt of the cost of their fis- indivisible, with liberty and justice for all. And our Nation’s fiscal situation cal irresponsibility. It is time the could get even worse this year if Con- President and congressional Repub- f gress continues to listen to President licans stand with our Nation’s seniors SPECIAL-ED STUDENT VOTED Bush and the House Republican leader- and baby boomers that need Social Se- HOMECOMING KING ship. That is because CBO’s estimates curity and Medicare strengthened and only take into account existing poli- (Mr. PITTS asked and was given per- not raided. mission to address the House for 1 cies. Yesterday’s CBO report should serve And just last week, during the State minute and to revise and extend his re- as a wake-up call to Washington Re- marks.) of the Union address, President Bush publicans. And let us hope they finally asked Congress to make all his fiscally Mr. PITTS. Mr. Speaker, most home- listen to the alarms before this mess coming kings are probably athletes or irresponsible tax policies permanent. gets even worse. Last year CBO estimated that such ac- student government leaders, the ‘‘in f tion would cost the Federal Govern- crowd’’; but students at a Tempe, Ari- ment an additional $1 trillion. RECESS zona, high school broke the mold. Marcos de Niza High School’s landslide The President also once again pro- The SPEAKER pro tempore. Pursu- posed partially privatizing Social Secu- winner for homecoming king was a 21- ant to clause 12(a) of rule I, the Chair year-old student with Down Syndrome, rity at an additional expense of at least declares the House in recess until 2 $1 trillion in extra funds over the next Poco Carton. p.m. today. Poco is well-known around campus decade, and that is $2 trillion right Accordingly (at 12 o’clock and 44 there to add to the already gloomy def- for his dance moves at lunch and for minutes p.m.), the House stood in re- his insistence on saying hello to nearly icit forecast. And this is not even in- cess until 2 p.m. cluding the $700 billion the President everyone. The election is a vivid re- wants to spend for a mission to Mars, f minder that each and every life, re- the $50 billion that the President will b 1400 gardless of what value the world places propose for the continuing war in Iraq, on it, is worthy of living. Every day, AFTER RECESS and the $1.5 billion throwaway to the Poco and those who share his chal- far right in his party to help train cou- The recess having expired, the House lenges offer priceless contributions to ples to develop better interpersonal was called to order at 2 p.m. our communities, but too often they are taken for granted, excluded from skills that sustain ‘‘healthy mar- f riages.’’ the opportunities many of us take for PRAYER Based on these facts, how can Sec- granted. retary Snow say that President Bush is The Chaplain, the Reverend Daniel P. Studies show that 86 percent of un- serious about the deficit? Coughlin, offered the following prayer: born children who are diagnosed with Let us be clear. It is the policies of Lord God, shepherd Your people as Down Syndrome are never given a President Bush and my Republican col- never before, for the times are turbu- chance to be elected homecoming king. leagues that have put us in this situa- lent. Violence and terrorism rip apart They are aborted. Down Syndrome is a tion. Democrats do not control the the very fabric of civilization, ancient challenge that taxes anyone facing it. White House. Democrats do not control and new. Friendships between nations Families caring for children with this the Congress, either the House or the are threatened. And who will replace disease need our support and encour- Senate. And yet I would not be shocked the basic trust and faithful love once agement, but if we believe that the way if conservative Republicans do not found in family life? to kill Down Syndrome is to kill ba- come to the floor today and try to As in the days of the prophet Zecha- bies, we are dead wrong. blame Democrats for the fiscal mess riah, we call out to You to show forth How many Poco Cartons have we lost our Nation now faces. Your power. to this strategy? How many lives could Clearly, Mr. Speaker, President Bush Take up Your two staves, one called have been touched at schools like now sees the huge budget deficit as a Favor, the other Union. Marcos de Niza? It is a cost too high to threat to his reelection campaign, and With the staff of Favor, fashion us calculate. that is why he vowed to cut the deficit again as Your people. Renew Your cov- f in half over the next 5 years during his enant love within Your chosen ones. State of the Union address last week. With the staff of Union, bind all in HONORING THE REVEREND But we might be asking ourselves how this House to one another as leaders, CHARLIE MURRAY the President plans to cut the deficit in worthy and willing to be brother and (Mr. DAVIS of Illinois asked and was half with the more than $2 trillion in sister to others. given permission to address the House tax cuts and other new spending he May You delight in us as Your very for 1 minute.) wants Congress to approve this year. own and our coming together as a Mr. DAVIS of Illinois. Mr. Speaker, The President and Republicans will say glimpse of Your kingdom, now and for- on Sunday I had the opportunity to holding down domestic spending to 1 ever. participate in a tremendous ceremony, percent during the next year will put a Amen. the naming of a dining hall at the

VerDate jul 14 2003 01:40 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.003 H27PT1 H104 CONGRESSIONAL RECORD — HOUSE January 27, 2004 church that I attend on a regular basis. well and told us that he signed a Medi- Record votes on postponed questions We named it the Charlie H. Murray, care bill last month. What he did not will be taken after 6:30 p.m. today. the Reverend Charlie Murray, who is tell us was that this bill does not take f the pastor emeritus of this church; and effect until 2006. What he did not tell BREAST CANCER STAMP as we thought of the contributions that us is that this bill gives the insurance EXTENSION this gentleman had made, we had companies a $14 billion taxpayer sub- brought practically every Senator, sidy. What he did not tell us is that Mr. OSE. Mr. Speaker, I move to sus- every mayor, Presidential candidates, this bill provides $139 billion more to pend the rules and pass the bill (H.R. all to this small church because of the the drug companies in profits, and 1385) to extend the provision of title 39, tremendous outreach and appeal of the what he did not tell us was how little United States Code, under which the Reverend Charlie Murray. coverage this Medicare prescription United States Postal Service is author- So as we go into primary elections drug bill will give to most of America’s ized to issue a special postage stamp to and people are voting and thinking seniors. benefit breast cancer research, as about electing a new President, we This bill falls short because the amended. thought that was an appropriate time Medicare bill was written by the drug The Clerk read as follows: to pay tribute to a church man who industry and by the insurance indus- H.R. 1385 had been civically involved. try, for the drug industry and for the Be it enacted by the Senate and House of Rep- f insurance industry in the Oval Office. resentatives of the United States of America in Congress assembled, TRIBUTE TO CHIEF WARRANT f SECTION 1. BREAST CANCER STAMP EXTENSION. OFFICER BRIAN D. HAZELGROVE COLLABORATION ON THE Section 414(h) of title 39, United States (Mr. PENCE asked and was given per- AFTERMATH OF IRAQ Code, is amended by striking ‘‘2005’’ and inserting ‘‘2006’’. mission to address the House for 1 (Ms. JACKSON-LEE of Texas asked minute and to revise and extend his re- The SPEAKER pro tempore. Pursu- and was given permission to address ant to the rule, the gentleman from marks.) the House for 1 minute and to revise California (Mr. OSE) and the gentleman Mr. PENCE. Mr. Speaker, it is writ- and extend her remarks.) ten that we are to grieve with those from Illinois (Mr. DAVIS) each will con- Ms. JACKSON-LEE of Texas. Mr. trol 20 minutes. who grieve and mourn with those who Speaker, I do not believe it is impor- mourn. It is in that spirit today that I The Chair recognizes the gentleman tant at this time to restate a position from California (Mr. OSE). rise to honor a hero, Chief Warrant Of- that many of us took in this Nation in GENERAL LEAVE ficer Brian Hazelgrove. opposition to the attack against Iraq: Warrant Officer Hazelgrove is the son Mr. OSE. Mr. Speaker, I ask unani- preemptive, unilateral, and without a of Ron and Patty Hazelgrove of Edin- mous consent that all Members may constitutional vote of this Congress. burgh, Indiana, a small town just a have 5 legislative days within which to We have long since said that we stone’s throw from my home, where I revise and extend their remarks on the stand united behind the United States am sure today in Sherman’s Barber- bill under consideration. military, but it is clear that our poli- shop and elsewhere there is genuine The SPEAKER pro tempore. Is there cies now in the aftermath are failing, grief and sadness at the loss of this 1994 objection to the request of the gen- with the insurgents going against our graduate of Edinburgh High School. tleman from California? Warrant Officer Hazelgrove joined troops in high numbers, with the loss There was no objection. the Army in that year of 1994. He began of life increasing and now the political Mr. OSE. Mr. Speaker, I yield myself his service in military intelligence be- delay because those in Iraq want direct such time as I may consume. fore becoming a pilot and serving two and prompt election. In addition, it is Mr. Speaker, H.R. 1385, introduced by tours of duty in South Korea. important not to cover up the wash my distinguished colleague from my He was serving with the 3rd Squad- out, the white out, the words of Mr. home State of California (Mr. BACA), ron, 17th Air Cavalry Regiment from Kay, finding no weapons of mass de- extends the life of the breast cancer re- the 10th Mountain Division at Fort struction. search semipostal stamp. Drum, New York. He died this January Today, I ask for a serious and col- Mr. Speaker, on the night of July 22, 23, 2004, in support of Operation Iraqi laborative effort with the United Na- 1997, Dr. Ernie Bodai, Betsy Mullen, Freedom when his OH–58D Kiowa War- tions who, of course, this government and David Goodman sat breathlessly in rior helicopter went down 31 miles has approached, our NATO allies and the House gallery awaiting the out- south of Mosul, Iraq. He was bravely Mideast allies to deal with the after- come of a vote that they had worked executing a combat mission at the math of Iraq. tirelessly to see become a reality. At time. Secondarily, I ask for a full and open that time, H.R. 1585, the Stamp Out Warrant Officer Hazelgrove, Mr. hearing by all committees of jurisdic- Breast Cancer Act, was landmark legis- Speaker, died like every other Amer- tion on the issue of the lack of finding lation establishing the Breast Cancer ican soldier throughout our Nation’s of weapons of mass destruction. I do Research Stamp Program and directing history, bringing hope and freedom to a that because that is the basis upon the U.S. Postal Service to issue a new people who have never known it before. which representations were made to first-class breast cancer stamp with On behalf of the people of the sixth the United States and the people for proceeds benefiting breast cancer re- congressional district, I extend my which we entered into Iraq. It is imper- search at the National Institutes of deepest sympathies and prayers to the ative that these hearings are open and Health and the Department of Defense family of Chief Warrant Officer free for the public to hear, for the na- Breast Cancer Research Programs. Hazelgrove, to his lovely wife, Kimmi; tional security, to ensure the security This advocacy team, a surgeon, a sur- their four children, Taylor, 11; of our homeland and the security of vivor and a widower, used their own Zachary, 10; Brandon, 3; and Katelyn, 7 our troops and the security of all those time and resources to convince law- months. Indiana and America mourn around the world. makers to pass this essential legisla- the loss of this heroic American, Chief f tion. Warrant Officer Brian Hazelgrove. Dr. Ernie Bodai of Carmichael, Cali- ANNOUNCEMENT BY THE SPEAKER fornia, a constituent and personal f PRO TEMPORE friend of mine, led the charge. After 14 WHAT PRESIDENT BUSH DID NOT The SPEAKER pro tempore (Mr. visits to Washington within 2 years, as TELL US ABOUT THE MEDICARE SIMPSON). Pursuant to clause 8 of rule well as spending over $100,000 of his BILL XX, the Chair will postpone further personal savings, he succeeded, cre- (Mr. BROWN of Ohio asked and was proceedings today on motions to sus- ating the lead for breast cancer fund- given permission to address the House pend the rules on which a recorded vote raising. Dr. Bodai is the pioneer of the for 1 minute.) or the yeas and nays are ordered, or on breast cancer stamp, chief of general Mr. BROWN of Ohio. Mr. Speaker, which the vote is objected to under surgery for Kaiser Permanente, and last week President Bush stood in this clause 6 of rule XX. CEO of CureBreastCancer, Inc.

VerDate jul 14 2003 02:48 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.005 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H105 Joining him in this crusade was the cells that result in the develop- two or more other close relatives, such Betsy Mullen. Ms. Mullen is one of ment of breast cancer. An increased as cousins, have a history of breast slightly over 2 million women living in understanding in cancer cells could cancer, especially at a young age. How- the United States who have been diag- lead to the development of new drugs ever, 85 percent of women who develop nosed with and treated for breast can- to prevent or treat breast cancer. breast cancer have no known family cer. She was diagnosed with breast can- Funding is directed to prevention, de- history of the disease. cer in 1992 at age 33 and formed the tection, diagnosis and treatment re- Early detection and treatment is the Women’s Information Network Against search projects. Studies examine the key to survival. Declining death rates Breast Cancer, the acronym WIN ABC, use of antibiotics to block breast can- caused by breast cancer are believed to which provides information and sup- cer cell growth, to observe tumor be- be the result of early detection and import for life-and-death decisions about havior to keep the cancer from spread- proved treatment. Breast cancer pre- treatment options. ing, to explore immunotherapy and the vention experts strongly encourage The final member of this advocacy potential to create a vaccine to stimu- women of all ages to have regular team is David Goodman, a WIN board late the human immune system to pro- mammograms and to conduct breast member who lost his wife to breast tect itself from breast cancer, and self-examinations monthly. cancer less than a year before appear- search for alternatives to mammog- When people choose to purchase the ing on the House floor. raphy for breast cancer detection. Breast Cancer Stamp every day, they H.R. 1585, the Stamp Out Breast Can- The program’s success encouraged can turn that simple little act into a cer Act, passed the House on a 433 to Congress to appropriate additional meaningful and effective way to par- three vote; and on August 13, 1997, funds to the Breast Cancer Research ticipate in the fight against breast can- President Clinton signed this legisla- Program in subsequent years, totaling cer. tion into law. By May 9, 1998, the U.S. over $1.6 billion through fiscal year Mr. Speaker, I would like to conclude Postal Service unveiled the new 40 cent 2004. To date, the Breast Cancer Re- by thanking my friend, Dr. Ernie stamp, and August 9 the stamp offi- search Program supported awards in Bodai, for his persistence in this fight cially went on sale to the public. three categories: Research, Research against breast cancer. Driving through The legislation we are considering Resources, and Training Recruitment, Sacramento, he can be easily spotted today, H.R. 1385, reauthorizes the as well as the Innovator Award. in his car, which is adorned by its li- breast cancer research stamp program Projects are coordinated to specifi- cense plate PL 105–41, the public law through the year 2006. The stamp cally avoid duplication of research be- number that made the breast cancer marks the first time that some of the tween the Department of Defense on fund-raising stamp official. It is in proceeds of stamp sales have gone to the one hand and the National Insti- honor of this man and to honor the fund research, and the awareness raised tutes of Health on the other. Awards lives of the victims of breast cancer as a result of this historic stamp de- are meant to fill gaps in ongoing re- that I stand before my colleagues, sup- signed to save lives continues to be search and to compliment initiatives porting the reauthorization of H.R. priceless. As of December of 2002, 421.3 sponsored by other agencies. The De- 1385. million breast cancer research stamps partment of Defense Breast Cancer Re- Mr. Speaker, I thank the gentleman have been sold dating from July 29, search Program has emphasized sup- from California (Mr. BACA) for his ef- 1998, raising almost $30 million for bio- port for research and training awards forts towards stamping out breast can- medical breast cancer research at the that encourage innovative approaches cer, and I urge all Members to support National Institutes of Health and the to breast cancer research to accom- the passage of H.R. 1385. Department of Defense. plish the program’s vision of eradi- Mr. Speaker, I reserve the balance of The Department of Defense Breast cating breast cancer. my time. Cancer Research Program receives 30 In addition to research, the Depart- Mr. DAVIS of Illinois. Mr. Speaker, I percent of the moneys raised from ment of Defense Breast Cancer Re- yield myself such time as I may con- stamp sales. Since the breast cancer search Program has sponsored three sume. stamp was introduced, Department of Era of Hope meetings to publicly Mr. Speaker, as the ranking member Defense has received over $9 million present results of DOD funded studies of the Committee on Government Re- from the stamp’s sales, and the Na- and provide researchers with the oppor- form’s Special Panel on Postal Reform tional Cancer Institute has received $24 tunity to share their results with the and Oversight, I am pleased to join my million. scientific community, with policy- colleague, the gentleman from Cali- The breast cancer stamp functions makers, and with the lay public. The fornia (Mr. OSE) in consideration of like a regular first-class stamp and is most recent meeting, in 2003, was held H.R. 1385 extending the issuance of the purchased on a voluntary basis by the in Orlando, Florida, with over 1,500 sci- Breast Cancer Semipostal Stamp public. In 1997, when a person pur- entists, clinicians, and breast cancer through December 31, 2006. H.R. 1385, as chased the breast cancer stamp, 32 survivors and advocates in attendance. amended, was introduced by the gen- cents would be used for postage and the A National Cancer Institute report tleman from California (Mr. BACA) on extra 8 cents from each stamp sold was estimates that about one in eight March 20, 2003, and has 145 cosponsors. turned over to research programs run women in the United States will de- Semipostals are stamps sold with a by the National Institutes of Health velop breast cancer during her lifetime. surcharge above the cost of a first-class and the Defense Department. Today, It is the most commonly diagnosed postage stamp with the net surcharge the stamp can be purchased for 45 cancer in women, accounting for 30 per- amount going to a designated cause. cents. cent of all cancers in women. In 2004, We owe our interest in semipostal The stamp is a line drawing of the more than 40,000 individuals are pro- stamps to Dr. Ernie Bodai, Chief of Roman goddess Diana reaching back to jected to die from breast cancer. In Surgery at the Kaiser Permanente retrieve an arrow from her quiver, and 2003, the American Cancer Society esti- Medical Center in Sacramento, Cali- the words, ‘‘Fund the fight. Find a mated 21,100 new cases of breast cancer fornia, and former Representative Vic cure,’’ written across. will be diagnosed among women in my Fazio. Dr. Bodai first proposed the idea home State of California and, of these, of a semipostal with the money raised b 1415 4,000 women will die from this disease. going towards breast cancer research. The exact cause of breast cancer is An individual’s breast cancer risk de- He took his idea to Representative not known; therefore it is imperative pends on a variety of factors, including Fazio, and on May 7, 1996, Representa- that researchers continue to study the family history, reproductive history, tive Fazio introduced the first basic biology of cancer. life-style factors such as heavy alcohol semipostal bill, H.R. 3401, the Breast Research proposals funded by the consumption and smoking, and a num- Cancer Research Stamp Act. Rep- Breast Cancer Research Stamp look at ber of other factors that are not yet resentative Fazio was joined in this ef- the basic biology of breast cancer, such understood. A woman’s risk for devel- fort by Senator Dianne Feinstein of as understanding the changes in breast oping breast cancer increases if her California when she introduced iden- cells, including DNA and proteins in mother, her sister, her daughter, or tical legislation in the Senate.

VerDate jul 14 2003 01:40 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.007 H27PT1 H106 CONGRESSIONAL RECORD — HOUSE January 27, 2004 The following year, Representative Mr. DAVIS of Illinois. Mr. Speaker, ethnicity, everyone is at risk. Early Fazio joined Representative Susan it is my pleasure to yield 5 minutes to prevention and early detection is of the Molinari of New York in introducing the gentleman from California (Mr. utmost importance. H.R. 1585, Stamp Out Breast Cancer. BACA), who introduced this important Breast cancer is still the number one This bill was subsequently enacted into resolution. cancer killer of women between the law, Public Law 105–41. The law not Mr. BACA. Mr. Speaker, I thank the ages of 15 to 54, between 15 to 54. The only authorized a breast cancer re- gentleman from Illinois (Mr. DAVIS) for disease claims a woman’s life every 15 search stamp for 2 years, it also re- yielding me this time, and I thank the minutes in the United States. Imagine quired the General Accounting Office gentleman from Virginia (Mr. TOM that, claiming the life of a woman to submit a report to Congress that DAVIS) for his support. every 15 minutes. More than 2 million evaluated the effectiveness of the ap- I rise in support of H.R. 1385, my bill women are living with breast cancer in propriateness of this method of fund- to authorize the Breast Cancer Re- America today, yet 1 million of them raising. In its first report issued in search Stamp through the year 2006. I have not been diagnosed. One million 2000, GAO determined that the am proud to say that the language in women have not been diagnosed. That semipostal statute was successful and my original bill extending the stamp is why it is important to increase the an effective and appropriate way to through the year 2005 was included in funding for breast cancer research. fund-raise. the omnibus and signed by the Presi- The Breast Cancer Research Stamp is By way of addressing the health dent last Friday. This amendment will among the most successful commemo- issues raised by many of the semipostal extend the stamp for 1 additional year, rative stamps of all time, with 485 mil- bills pending in Congress, the chairman through the year 2006. lion stamps sold. I repeat: 485 million and ranking members of the former It has been a long, hard fight to ex- stamps sold. The stamp program has Subcommittee on the Postal Service, tend the Breast Cancer Research generated over $35 million for breast the gentleman from New York (Mr. Stamp. It is a fight I began when I was cancer research. It has been a critical MCHUGH) and the gentleman from in the California assembly and have ally in generating the resources nec- Pennsylvania (Mr. FATTAH) introduced continued to do so here in Congress. essary to wage war on this terrible, H.R. 4437, the Semipostal Authoriza- But we would not be here today with- terrible disease. tion Act. This measure, which became out the hard work of several individ- b 1430 law, Public Law 106–253, provided the uals. I want to thank Dr. Bodai for first Postal Service with discretionary au- The stamp is a semipostal stamp that asking me to introduce this resolution can be voluntarily purchased by the thority to issue semipostals provided urging Congress to extend its research the revenue raised goes to Federal public for only 45 cents. It is worth it stamp when I was in the California to save a life. Eight cents of each agencies and is for medical research. State Assembly. It was Dr. Bodai who Such authority is similar to the discre- stamp sold goes to the National Insti- developed the idea of a Breast Cancer tutes of Health and the Department of tion the Postal Service currently has Research Stamp, and it was through in deciding which commemorative Defense Breast Cancer Research Pro- his crusade and persistence that we gram. stamps to issue. have it here today. Had it not been for Breast cancer is the second leading Working with Dr. Bodhai, Senator him doing it in California, in Sac- FEINSTEIN introduced the Breast Can- cause of cancer deaths among women ramento, it would not have happened. in our country. More than 2 million cer Research Stamp bill in 1998 to help I also want to thank Senator FEIN- support the fight against breast cancer. women have been diagnosed with STEIN and the gentleman from Cali- breast cancer and at least another 1 I am also proud to say that California fornia (Mr. OSE). And I know it was dif- continues to lead the way, and I thank million are unaware that they have it. ficult for him to be here this afternoon, Every year, nearly $7 billion is spent the gentleman from California (Mr. because he and I were both on the Red- OSE) for starting it in Sacramento, on breast cancer treatment, all the eye. He knew the importance of this more reason to support the issuance of along with Dr. Bodhai. It has contrib- bill and what it means to many indi- uted over $3 million in research funds, a Breast Cancer Semipostal Stamp. viduals, and I want to thank him for Since its issuance in 1998, the Breast or roughly 21 percent of the money his leadership and his hard work and Cancer Stamp has raised over $30 mil- raised nationwide. what he has done to make sure that the lion for research. By law, the National Today, I ask for Members’ support sunset on the research stamp is ex- Institutes of Health and the Depart- for the Breast Cancer Research Stamp, tended. And for that, I compliment the ment of Defense are the recipients of my bill, and all women and men who gentleman for taking the time, on the the money and are required to submit will benefit from the money the stamp Red-eye, on this important issue to ad- an annual report to Congress on the raises. dress this issue here today. amount of funds received, how the We have the support of 150 Members I introduced this bill last year for funds were spent, and accomplish- who have cosponsored my bill, and one reason, and that is to save lives. ments. The sale of the Breast Cancer countless organizations like the Amer- All of us care about saving lives. This Research Stamp has done much to in- ican Cancer Society, American Medical issue is more important to me now. I crease public awareness of the disease Association, the Breast Cancer Fund, recently learned from my son, Joe and has allowed millions of people the and the Susan G. Komen Breast Cancer Baca, Jr., that his wife’s grandmother opportunity to participate directly in Foundation. passed away from breast cancer. We raising money for this much-needed re- By supporting reauthorization of this search. will miss Josefine Sanchez and many stamp, you are not only helping re- Mr. Speaker, I commend my col- others who have died, but early detec- search but you are helping to raise league for his effort and cannot express tion and prevention and research may awareness and save future lives. enough my support for his measure. I have prevented this. By working to- Think about it: the customer pur- would also like to thank the chairman, gether to pass this important piece of chases a stamp, a carrier delivers it, the gentleman from Virginia (Mr. TOM legislation we can prevent such trage- and a person receives it. That is three DAVIS), the ranking member, the gen- dies. people who have seen the message say- tleman from California (Mr. WAXMAN), This year, more than 200,000 women ing breast cancer needs to be stamped and the House leadership, both Demo- and men will be diagnosed with breast out. Each time we use the stamp, not crat and Republican, and the Senate cancer. More than 40,000 women and only do we raise additional funds for for working to ensure an additional men will die from this disease. Breast research; we send a message of hope to source of research money for breast cancer is the most commonly diag- many men and women who have this cancer. nosed cancer among women in every terrible disease. We need to find a cure, I urge the swift adoption of H.R. 1385. major ethnic group in the United and we will find a cure. With Members’ Mr. Speaker, I reserve the balance of States. And I say every ethnic group, continued support of this legislation, my time. not one, but all. It does not discrimi- we will do that. Mr. OSE. Mr. Speaker, I reserve the nate. Whether an individual is white, Mr. OSE. Mr. Speaker, I reserve the balance of my time. black, Hispanic, or whatever race or balance of my time.

VerDate jul 14 2003 01:40 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.009 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H107 Mr. DAVIS of Illinois. Mr. Speaker, I body fighting very hard to involve and This year, more than 200,000 women and yield 4 minutes to the gentlewoman make everyone conscious of the fact men will be diagnosed with breast cancer and from Texas (Ms. JACKSON-LEE). that all women should be able to have more than 40,000 women and men will die (Ms. JACKSON-LEE of Texas asked access to mammograms. from breast cancer. It is tragic that one woman and was given permission to revise and Sisters Network in Houston, Texas, in eight either has or will develop breast can- extend her remarks.) and they have chapters around the cer in her lifetime. In addition, 1,600 men will Ms. JACKSON-LEE of Texas. Mr. country, is a minority-based, African be diagnosed with breast cancer and 400 will Speaker, I thank the gentleman for American-based organization that par- die this year. yielding me this time and for being ticularly reaches out to our commu- In my state of Texas alone, in 2002, there here for what I believe is an enor- nity for those who may be intimidated were 12,819 new cases of breast cancer and mously important commitment to sav- by the medical system or are not cov- an estimated 800 deaths. In Texas, African ing lives. ered by health insurance. I remember Americans are more likely to develop cancer I thank the gentleman from Cali- going door to door with packets of in- and more likely to die from the disease. fornia (Mr. BACA) for the commitment formation, reaching out to both His- At this time there are slightly over 2 million he has shown, as stated in the gentle- panic and African American women to women living in the U.S. who have been diag- man’s opening statement, and for offer- encourage them to seek mammograms. nosed with and treated for breast cancer. ing this legislation, to do something This is an important legislative ini- Every 3 minutes a woman in the United States that is more than honorable, that is, to tiative; and although it may be on a is diagnosed with breast cancer. save lives. My hat is off to the gen- very cold and stormy day in Wash- As introduced, H.R. 1385 reauthorized the tleman, and I stand here as a very ington, D.C., there is a glimmer of sun- Breast Cancer Research Stamp for two years, proud cosponsor of this legislation for light that this legislation be reauthor- through 2005. The language from H.R. 1385 what it means to those who are fight- ized so researchers on the front line of was included in the Omnibus by Senator FEIN- ing every day against this devastating saving lives will have an opportunity STEIN and became law on January 23, 2004. disease. to do so. As amended, H.R. 1385 will extend the reau- Needless to say, there is not one of As I close, let me thank all of the thorization for one additional year, through us, 435 in this body and certainly 100 survivors who are living with cancer or 2006. Senators, who has not been confronted who have survived breast cancer. I I am pleased to be a cosponsor of this leg- by family members and by those who thank them for their steadfastness and islation and urge my colleagues to realize the are experiencing the devastation of courage. They are a shining example to significance of this bill and what we can do to breast cancer. Certainly there are others, ensuring others might live. fight this battle together. Mr. OSE. Mr. Speaker, I reserve the many of us who have lost loved ones. Again, I add my appreciation to the balance of my time. Breast cancer is a devastating disease, gentleman from California (Mr. BACA), Mr. DAVIS of Illinois. Mr. Speaker, I and it has been stood up to by the the gentleman from Illinois (Mr. yield 4 minutes to the gentlewoman women of America. This particular DAVIS), and the gentleman from Cali- from California (Ms. ESHOO). semipostal legislation, which allows fornia (Mr. OSE) for their enthusiastic Ms. ESHOO. Mr. Speaker, I thank the for research dollars to come, is impera- support, as well as the chairman and ranking member and I thank the gen- tive that it be continued. And the rea- ranking member of the Committee on tleman from California (Mr. OSE) for son is midway, otherwise, in the middle Energy and Commerce. this legislation. It is an important of very serious research, we would wind Mr. Speaker, I an pleased to be here today piece of legislation, and I am proud to up having to stop that research be- in support of the Breast Cancer Research be a cosponsor of it. cause of the fact that resources are no Stamp. The Breast Cancer Research Stamp This is the first fund-raising stamp in longer there. was first introduced in 1998 by Senator the United States, and it benefits the I certainly want to acknowledge DIANNE FEINSTEIN to help support the fight eradication of breast cancer. During Ethel Kesler, who helped design this against breast cancer. the holidays at home wherever I was, stamp, and Whitney Sherman as well; It is among the most successful commemo- whether it was a holiday party, in the and I want to make it very clear that rative stamps of all time with 485 million grocery store, wherever I was, there we appreciate the senior Senator from stamps sold. The stamp program has gen- was someone that came up to me and California’s initial leadership. Let me erated in excess of $35 million for breast can- said I went to the post office to buy the make note of the fact that cancer cer research. breast cancer stamp, and was told that makes an impact on every single eth- The idea for the stamp was developed in it is no longer available because Con- nic group in America. California by Sacramento oncologist, Dr. Ernie gress has not reauthorized it. People Mr. Speaker, 2 million are living with Bodai. The stamp was designed by Ethel know, and they have become attached breast cancer in America today, but Kessler of Bethesda, MD, and illustrated by to this effort and very supportive of it yet 1 million have not been diagnosed. Whitney Sherman of Baltimore, MD. The for what it produces. Breast cancer incidence in women has stamp is a ‘‘semi-postal’’ stamp that can be The stamp was introduced in 1998, increased from one in 20 in 1960 to one voluntarily purchased by the public for 45 and the profits are split between the in 8. Breast cancer is still the number cents with 8 cents benefiting the National Insti- National Institutes of Health and the one cancer killer of women between tute for Health and the Department of Defense Department of Defense’s Health Re- the ages of 15 and 54. The disease Breast Cancer Research Program. If the sun- search Division, as called for by Con- claims another woman’s life every 15 set on the stamp had not been extended, gress. Over 450 million of these 45 cent minutes. many important research projects would have stamps have been sold. I am very proud I want to emphasize there are major gone unfunded, hurting the fight against breast to say that of the $35 million raised, local community groups working on cancer. The stamp was set to expire on De- California continues to lead the way this issue. I have worked with Sisters cember 31, 2003. because we have contributed roughly 21 Network in Houston, Texas. They are This initiative is so important because of the percent of the money that has been an outreach group that goes to inner devastating effects of Breast Cancer. Breast raised nationwide. city residences to encourage women to cancer is considered the most commonly diag- Mr. Speaker, my colleagues have ex- be tested for breast cancer. One of the nosed cancer among women in every major pressed our collective concerns about worse parts of this disease is it is a si- ethnic group in the United States. More than the issue of breast cancer. Certainly lent killer. If women do not get a mam- 2 million women are living with breast cancer during my tenure in the Congress I mogram, and I remember some fights in America today, yet one million of them have have been very proud to have worked years ago, and the gentlewoman from not been diagnosed. Breast cancer incidence on the causes of breast cancer, for the California (Ms. ESHOO) remembers this in women has increased from one in 20 in optimal treatments for breast cancer, as well, where there were no benefits to 1960 to one in eight today. Breast cancer is and ultimately a cure for breast can- allow poor women to go forward and still the number one cancer killer of women cer. These have all been priorities of have mammograms. There was a de- between the ages of 15 and 54. The disease mine. bate whether it be covered or not. I ap- claims another woman’s life every 15 minutes I see that the gentleman from Penn- preciate the Women’s Caucus and this in the United States. sylvania (Mr. GREENWOOD) is here on

VerDate jul 14 2003 01:40 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.011 H27PT1 H108 CONGRESSIONAL RECORD — HOUSE January 27, 2004 the floor. We worked very hard to- ment of Defense Breast Cancer Research port research and programs to aid in the fight gether to pass the Breast and Cervical Program use this donation to help the 2 million against breast cancer. Despite the extra cost Cancer Treatment Act, which was in- women nationwide who are daily battling this added to purchase the first class stamps and troduced and passed in the 106th Con- disease. three postage rate increases since its debut in gress. As one of my colleagues said, The Breast Cancer Research Stamp was 1998, the Breast Cancer Research stamp has more than 2 million women in America developed by Dr. Ernie Bodai, designed by brought in over $35 million for innovative re- are living with breast cancer today. Ethel Kessler, and introduced by Senator search, prevention and treatment programs During the time that we have been on DIANNE FEINSTEIN in 1998. Since its introduc- and other initiatives at the National Institutes the floor and making comments on tion, over 485 million stamps have been sold of Health and the Department of Defense. this, three women in the United States with 8 cents of each purchase price going to- There are hundreds of thousands of women have died as a result of breast cancer. ward breast research. The stamp expired De- fighting breast cancer and over 200,000 new The statistics we still carry with us. I cember 31, 2003 and there has been over- cases that will be diagnosed this year. The think this is an important effort, and I whelming support to extend the stamp’s pro- funds raised by the Breast Cancer Research thank everyone who is a part of this ef- duction through 2006. Congressman JOE BACA stamp provide hope to the victims and their fort and urge all of my colleagues to proposed the stamp’s extension with 148 co- families. More importantly, it symbolizes our vote for this measure and make it sponsors and numerous groups including the commitment to eliminating this devastating dis- unanimous so we send a message out to American Cancer Society and the American ease. Americans who have gone to their post Medical Association supporting H.R. 1385. I urge my colleagues to support H.R. 1385. office and not found this stamp avail- The revenue created by the sale of this Let us continue this successful program in the able that Congress has reauthorized it. stamp will help fight the most commonly diag- hopes that one day there will be success in Mr. DAVIS of Illinois. Mr. Speaker, I nosed cancer among women, and it will be finding a cure. yield myself such time as I may con- used to educate women and encourage early Mr. GREEN of Texas. Mr. Speaker, I rise sume. detection practices in Texas and across the today in strong support of H.R. 1385, legisla- Mr. Speaker, I would indicate that country. The Alamo Breast Cancer Foundation tion which would allow the United States Post- California is leading the way on this (ABCF) is a San Antonio based organization al Service to continue its successful breast issue, and the rest of us are very that supports awareness, treatment, and coun- cancer semipostal stamp. Proceeds from this pleased to follow their example. I urge sels those receiving cancer treatments. In stamp directly benefit breast cancer research. Breast cancer is a serious concern for all of swift passage of this bill. Texas alone, 13,700 women will be diagnosed us. We all have friends, family members, con- Mr. ROTHMAN. Mr. Speaker, according to and 2,600 lives will be lost to this disease in stituents and colleagues who have battled this the National Cancer Institute, 1 in 8 women the coming year. In the entire country, 40,000 serious disease. Breast cancer does not dis- will get breast cancer in her lifetime. I rise people a year will die from breast cancer. criminate—Americans of every age, race, reli- today in support of H.R. 1385, the Breast Can- Mr. Speaker, breast cancer will touch 1 out gion, gender, economic standing and political cer Research Postal Stamp because I believe of every 8 women in America. This statistic is affiliation are affected by this disease. that number is unacceptable. far too high and includes mothers, grand- The figures are alarming. An estimated Breast cancer is currently the most common mothers, college students, and their loved three million women in the U.S. are living with cancer among women in the United States ones. I urge my fellow Representatives to sup- breast cancer—one-third of whom do not with incidents on the rise. In my home State port the Breast Research Stamp Act and to know they have this deadly disease. It is the of New Jersey over 6,000 women were diag- continue to present the public with a simple most common form of cancer in America, ex- nosed with breast cancer last year and trag- method to donate to a worthy cause. cluding skin cancers. More than 240,000 new ically, approximately 1,500 women died from Mr. ROSS. Mr. Speaker, I rise today in sup- cases—1 every 3 minutes—occur in the this terrible disease. I support and cospon- port of H.R. 1385, the reauthorization of the United States each year. More than 40,000 sored H.R. 1385 because it is about changing Breast Cancer Awareness Stamp. women will die from the disease. those statistics, it is about hope. As a co-sponsor of H.R. 1835, I believe this One of our strongest weapons against In December of 2003, the Breast Cancer bill is critical to continue to fund research for breast cancer is early awareness and treat- Research Stamp expired, and today we have a disease that affects 2 million women in the ment. Women who are screened and diag- an opportunity and a responsibility to renew it. United States alone. The Breast Cancer Re- nosed early can begin treatment before the Approximately 500 million copies of this spe- search stamp was introduced in July 1998 and disease becomes more advanced. That is why cial Breast Cancer Research Stamp have has raised $35 million in five years for the De- raising awareness of the disease is so critical. been sold, raising about $40 million for the partment of Defense and the National Cancer The breast cancer stamp has clearly helped National Institutes of Health and the Depart- Institute for research in treating breast cancer. to raise awareness and funds for this serious ment of Defense Breast Cancer Research Of those funds raised, $279,000 has gone to disease. Since it was first created in 1998, Program. These are programs that help more the University of Arkansas for research. more than 421 million stamps sold, raising women get screened, help more breast cancer Breast Cancer is the leading cancer afflict- $29.5 million for biomedical breast cancer re- cases to be detected and detected early, and ing American women, and this year nearly search. The alarming rate at which breast can- help more women get the treatment that al- 40,110 women will die of breast cancer, and cer is detected mandates that we continue to lows them to survive. over 215,000 new cases will be diagnosed. work toward a cure for this disease which is There is another very positive aspect of the Unfortunately, many of these cases will not be claiming so many lives worldwide. Enactment Breast Cancer Research Stamp—it raises diagnosed, and deaths will occur, in commu- of H.R. 1385 will further enable research in an awareness. Each time the stamp passes nities where access to advanced medicine is effort to increase the survival rate. hands as a letter goes from sender to recipi- limited. This disease calls for each of us to take a ent, another person becomes aware; another Congress’s commitment to increasing the stand in an effort to find a cure and bring man grows concerned and reminds his wife to funding for cancer prevention and early detec- some solace to a disease that has tormented get a mammogram, another woman schedules tion is helping us battle this disease. Today our mothers, wives, aunts, sisters and daugh- a check-up with her doctor, and another moth- we can be proud of the advancements we ters. The importance of this stamp has im- er teaches her daughter about breast self have made. But we must continue our commit- measurable value and I strongly support en- exams. ment to defeating breast cancer by continuing actment of this important legislation. Mr. Speaker, I rise today because ‘‘breast to fund the research necessary to fight breast I encourage my colleagues to join the 145 cancer needs to be stamped out!’’ I strongly cancer. cosponsors of this bill by passing H.R. 1385. hope that my colleagues will stand with me Ms. BORDALLO. Mr. Speaker, I rise today Mr. DAVIS of Illinois. Mr. Speaker, I and reauthorize the Breast Cancer Research in support of H.R. 1385 to extend the provi- have no further speakers, and I yield Stamp. sion of title 39, United States Code, under back the balance of my time. Mr. RODRIGUEZ. Mr. Speaker, today I rise which the United States Postal Service is au- Mr. OSE. Mr. Speaker, I join the gen- in support of reauthorizing the Breast Re- thorized to issue a special postage stamp to tleman in complimenting the gen- search Stamp Act (H.R. 1385). The public has benefit breast cancer research. I want to thank tleman from California (Mr. BACA) for widely supported the stamp, and their vol- Mr. BACA for his support in introducing this introducing this legislation, and I urge untary purchases have generated over $35 legislation. all Members to support its passage. million dollars for breast cancer research. The The Breast Cancer Research stamp has Mr. Speaker, I yield back the balance National Institutes of Health and the Depart- been a successful tool to raise funds to sup- of my time.

VerDate jul 14 2003 02:48 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.012 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H109 The SPEAKER pro tempore (Mr. ‘‘clause (i), subject to any adjustment under (iv) in clause (iv)(I)— SIMPSON). The question is on the mo- subsection (e)(2)(C)(ii).’’; and (I) in the first sentence— tion offered by the gentleman from (ii) in subparagraph (D), in each of clauses (aa) by striking ‘‘the two immediately pre- (i) and (ii), by striking ‘‘application’’ and in- ceding inspections of the establishment’’ and California (Mr. OSE) that the House serting ‘‘application, report,’’; inserting ‘‘inspections of the establishment suspend the rules and pass the bill, (B) in subsection (d)(2)(B), beginning in the during the previous 4 years’’; and H.R. 1385, as amended. second sentence, by striking ‘‘firms. which (bb) by inserting ‘‘section’’ after ‘‘pursuant The question was taken. show’’ and inserting ‘‘firms, which show’’; to’’; The SPEAKER pro tempore. In the (C) in subsection (e)— (II) in the third sentence— opinion of the Chair, two-thirds of (i) in paragraph (1), by striking ‘‘Where’’ (aa) by striking ‘‘the petition states a com- those present have voted in the affirm- and inserting ‘‘For fiscal year 2004 and each mercial reason for the waiver;’’; and ative. subsequent fiscal year, where’’; and (bb) by inserting ‘‘not’’ after ‘‘the Sec- (ii) in paragraph (2)— Mr. OSE. Mr. Speaker, on that I de- retary has not determined that the public (I) in subparagraph (B), beginning in the health would’’; and mand the yeas and nays. second sentence, by striking ‘‘firms. which (III) in the fourth sentence, by striking The yeas and nays were ordered. show’’ and inserting ‘‘firms, which show’’; ‘‘granted until’’ and inserting ‘‘granted or The SPEAKER pro tempore. Pursu- and deemed to be granted until’’; ant to clause 8 of rule XX and the (II) in subparagraph (C)(i), by striking (v) in clause (iv)(II)— Chair’s prior announcement, further ‘‘Where’’ and inserting ‘‘For fiscal year 2004 (I) by inserting ‘‘of a device establishment proceedings on this motion will be and each subsequent fiscal year, where’’; required to register’’ after ‘‘to be con- (D) in subsection (f), by striking ‘‘for fil- postponed. ducted’’; and ing’’; and (II) by inserting ‘‘section’’ after ‘‘pursuant f (E) in subsection (h)(2)(B)— to’’; and (i) in clause (ii), by redesignating sub- (vi) by adding at the end the following MEDICAL DEVICES TECHNICAL clauses (I) and (II) as items (aa) and (bb), re- clause: CORRECTIONS ACT spectively; ‘‘(v) The eligibility of the establishment (ii) by redesignating clauses (i) and (ii) as Mr. GREENWOOD. Mr. Speaker, I for inspections by accredited persons has not subclauses (I) and (II), respectively; been suspended under subparagraph move to suspend the rules and pass the (iii) by striking ‘‘The Secretary’’ and in- bill (H.R. 3493) to amend the Federal (B)(iv)(II).’’; serting the following: (D) in paragraph (6)(B)(iii)— Food, Drug and Cosmetic Act to make ‘‘(i) IN GENERAL.—The Secretary’’; and (i) in the first sentence, by striking ‘‘, and technical corrections relating to the (iv) by adding at the end the following: data otherwise describing whether the estab- amendments made by the Medical De- ‘‘(ii) MORE THAN 5 PERCENT.—To the extent lishment has consistently been in compli- vice User Fee and Modernization Act of such costs are more than 5 percent below the ance with sections 501 and 502’’; specified level in subparagraph (A)(ii), fees (ii) in the second sentence— 2002, and for other purposes, as amend- may not be collected under this section for (I) by striking ‘‘inspections’’ and inserting ed. that fiscal year.’’. ‘‘inspectional findings’’; and The Clerk read as follows: (b) TITLE II; AMENDMENTS REGARDING REG- (II) by inserting ‘‘relevant’’ after ‘‘together ULATION OF MEDICAL DEVICES.— H.R. 3493 with all other’’; and (1) INSPECTIONS BY ACCREDITED PERSONS.— Be it enacted by the Senate and House of Rep- Section 704(g) of the Federal Food, Drug, and (iii)(I) by inserting ‘‘(I)’’ after ‘‘(iii)’’; resentatives of the United States of America in Cosmetic Act (21 U.S.C. 374(g)), as added by (II) by adding at the end the following sub- Congress assembled, section 201 of Public Law 107–250 (116 Stat. clause: SECTION 1. SHORT TITLE. 1602), is amended— ‘‘(II) In making a decision under this para- This Act may be cited as the ‘‘Medical De- (A) in paragraph (1), in the first sentence, graph, the Secretary may consider any infor- vices Technical Corrections Act’’. by striking ‘‘conducting inspections’’ and all mation relevant to the establishment’s com- SEC. 2. TECHNICAL CORRECTIONS REGARDING that follows and inserting ‘‘conducting in- pliance with any provision of this Act. Noth- PUBLIC LAW 107–250. spections of establishments that manufac- ing in the preceding sentence shall be con- (a) TITLE I; FEES RELATING TO MEDICAL DE- ture, prepare, propagate, compound, or proc- strued to expand the Secretary’s VICES.—Part 3 of subchapter C of chapter VII ess class II or class III devices, which inspec- inspectional authority under subsection of the Federal Food, Drug, and Cosmetic Act tions are required under section 510(h) or are (a).’’; (21 U.S.C. 379i et seq.), as added by section inspections of such establishments required (E) in paragraph (6)(B)(iv)— 102 of Public Law 107–250 (116 Stat. 1589), is to register under section 510(i).’’; (i) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and amended— (B) in paragraph (5)(B), in the first sen- (ii) by adding at the end the following sub- (1) in section 737— tence, by inserting after ‘‘standards of ac- clause: (A) in paragraph (4)(B), by striking ‘‘and creditation,’’ the following: ‘‘or where the ‘‘(II) If, during the two-year period fol- for which clinical data are generally nec- Secretary has information indicating that lowing clearance under subparagraph (A) essary to provide a reasonable assurance of the relationship between the establishment with respect to a device establishment, the safety and effectiveness’’ and inserting ‘‘and and the accredited person may create a con- Secretary obtains information indicating for which substantial clinical data are nec- flict of interest,’’; significant deviations from compliance with essary to provide a reasonable assurance of (C) in paragraph (6)(A)— this Act or implementing regulations, the safety and effectiveness’’; (i) in clause (i), by striking ‘‘of the estab- Secretary may, after notice and an oppor- (B) in paragraph (4)(D), by striking ‘‘manu- lishment pursuant to subsection (h) or (i) of tunity for a written response, notify the es- facturing,’’; section 510’’ and inserting ‘‘described in tablishment that the eligibility of the estab- (C) in paragraph (5)(J), by striking ‘‘a pre- paragraph (1)’’; lishment for inspections by accredited per- market application’’ and all that follows and (ii) in clause (ii)— son has been suspended.’’; inserting ‘‘a premarket application or pre- (I) in the matter preceding subclause (I)— (F) in paragraph (6)(C)(ii), by striking ‘‘in market report under section 515 or a pre- (aa) by striking ‘‘each inspection’’ and in- accordance with section 510(h), or has not market application under section 351 of the serting ‘‘inspections’’; and during such period been inspected pursuant Public Health Service Act.’’; and (bb) by inserting ‘‘during a 2-year period’’ to section 510(i), as applicable’’; (D) in paragraph (8), by striking ‘‘The term after ‘‘person’’; and (G) in paragraph (10)(B)(iii), by striking ‘‘a ‘affiliate’ means a business entity that has a (II) in subclause (I), by striking ‘‘such a reporting’’ and inserting ‘‘a report’’; and relationship with a second business entity’’ person’’ and inserting ‘‘an accredited per- (H) in paragraph (12)— and inserting ‘‘The term ‘affiliate’ means a son’’; (i) by striking subparagraph (A) and insert- business entity that has a relationship with (iii) in clause (iii)— ing the following: a second business entity (whether domestic (I) in the matter preceding subclause (I), ‘‘(A) the number of inspections conducted or international)’’; and by striking ‘‘and the following additional by accredited persons pursuant to this sub- (2) in section 738— conditions are met:’’ and inserting ‘‘and 1 or section and the number of inspections con- (A) in subsection (a)(1)— both of the following additional conditions ducted by Federal employees pursuant to (i) in subparagraph (A)— are met:’’; section 510(h) and of device establishments (I) in the matter preceding clause (i) by (II) in subclause (I), by striking ‘‘identified required to register under section 510(i);’’; striking ‘‘subsection (d),’’ and inserting under subclause (II) of this clause’’ and in- and ‘‘subsections (d) and (e),’’; serting ‘‘identified under clause (ii)(II) as a (ii) in subparagraph (E), by striking ‘‘ob- (II) in clause (iv), by striking ‘‘clause (i),’’ person authorized to conduct inspections of tained by the Secretary’’ and all that follows and all that follows and inserting ‘‘clause device establishments’’; and and inserting ‘‘obtained by the Secretary (i).’’; and (III) in subclause (II), by inserting ‘‘or by a pursuant to inspections conducted by Fed- (III) in clause (vii), by striking ‘‘clause person accredited under paragraph (2)’’ after eral employees;’’. (i),’’ and all that follows and inserting ‘‘by the Secretary’’; (2) OTHER CORRECTIONS.—

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.013 H27PT1 H110 CONGRESSIONAL RECORD — HOUSE January 27, 2004 (A) PROHIBITED ACTS.—Section 301(gg) of (21 U.S.C. 379j), as amended by subparagraph California (Ms. ESHOO), which seeks to the Federal Food, Drug, and Cosmetic Act (A), is amended— make technical and clarifying amend- (21 U.S.C. 331(gg)), as amended by section (i) in subsection (d)(1), in the last sentence, ments to the Medical Device User Fee 201(d) of Public Law 107–250 (116 Stat. 1609), is by striking ‘‘subsection (a)(1)(A)’’ and insert- amended to read as follows: ing ‘‘subsection (a)(2)(A)’’; and Modernization Act of 2002 ‘‘(gg) The knowing failure to comply with (ii) in subsection (e)(1), by striking ‘‘sub- (MDUFMA). That bill, which was paragraph (7)(E) of section 704(g); the know- section (a)(1)(A)(vii)’’ and inserting ‘‘sub- signed into law by President Bush on ing inclusion by a person accredited under section (a)(2)(A)(vii)’’; October 26, 2002, made sweeping paragraph (2) of such section of false infor- (iii) in subsection (e)(2)(C)— changes to the laws that govern med- mation in an inspection report under para- (I) in each of clauses (i) and (ii), by strik- ical device approvals to establish new graph (7)(A) of such section; or the knowing ing ‘‘subsection (a)(1)(A)(vii)’’ and inserting failure of such a person to include material programs and streamline processes to ‘‘subsection (a)(2)(A)(vii)’’; and accelerate the availability of medical facts in such a report.’’. (II) in clause (ii), by striking ‘‘subsection (B) ELECTRONIC LABELING.—Section 502(f) of (a)(1)(A)(i)’’ and inserting ‘‘subsection devices to patients. For example, the Federal Food, Drug, and Cosmetic Act (a)(2)(A)(i)’’; and MDUFMA established a user fee pro- (21 U.S.C. 352(f)), as amended by section 206 (iv) in subsection (j), by striking ‘‘sub- gram that will provide substantial new of Public Law 107–250 (116 Stat. 1613), is section (a)(1)(D),’’ and inserting ‘‘subsection resources to speed up the approval of amended, in the last sentence— (a)(2)(D),’’. the medical devices. It streamlined the (i) by inserting ‘‘or by a health care profes- (C) ADDITIONAL CONFORMING AMENDMENT.— approval of combination products such sional and required labeling for in vitro diag- Section 102(b)(1) of Public Law 107–250 (116 nostic devices intended for use by health as drug-coated stents which are one of Stat. 1600) is amended, in the matter pre- the most exciting new areas of tech- care professionals or in blood establish- ceding subparagraph (A), by striking ‘‘sec- ments’’ after ‘‘in health care facilities’’; tion 738(a)(1)(A)(ii)’’ and inserting ‘‘section nology. It expanded the role of third (ii) by inserting a comma after ‘‘means’’; 738(a)(2)(A)(ii)’’. parties and outside experts to augment (iii) by striking ‘‘requirements of law and, (3) PUBLIC LAW 107–250.—Public Law 107–250 the FDA resources to help FDA meet that’’ and inserting ‘‘requirements of law, is amended— its beneficial manufacturing inspection and that’’; (A) in section 102(a) (116 Stat. 1589), by requirements; and MDUFMA also ex- (iv) by striking ‘‘the manufacturer affords striking ‘‘(21 U.S.C. 379F et seq.)’’ and insert- tended the use of third-party review health care facilities the opportunity’’ and ing ‘‘(21 U.S.C. 379f et seq.)’’; inserting ‘‘the manufacturer affords such programs for 1 year so that it expires (B) in section 102(b) (116 Stat. 1600)— in conjunction with other device provi- users the opportunity’’; and (i) by striking paragraph (2); (v) by striking ‘‘the health care facility’’. (ii) in paragraph (1), by redesignating sub- sions. (c) TITLE III; ADDITIONAL AMENDMENTS.— paragraphs (A) and (B) as paragraphs (1) and The legislation before us today (1) EFFECTIVE DATE.—Section 301(b) of Pub- (2), respectively; and amends the Medical Device User Fee lic Law 107–250 (116 Stat. 1616), is amended by (iii) by striking: Modernization Act to ensure that it is striking ‘‘18 months’’ and inserting ‘‘36 ‘‘(b) FEE EXEMPTION FOR CERTAIN ENTITIES being implemented properly. While months’’. SUBMITTING PREMARKET REPORTS.— (2) PREMARKET NOTIFICATION.—Section some of the amendments are truly ‘‘(1) IN GENERAL.—A person submitting a technical, others clarify the intentions 510(o) of the Federal Food, Drug, and Cos- premarket report’’ and inserting: metic Act (21 U.S.C. 360(o)), as added by sec- ‘‘(b) FEE EXEMPTION FOR CERTAIN ENTITIES of Congress. For example, this legislation 302(b) of Public Law 107–250 (116 Stat. SUBMITTING PREMARKET REPORTS.—A person tion ensures that the user fee reduc- 1616), is amended— submitting a premarket report’’; and tions that apply to small businesses (A) in paragraph (1)(B), by striking ‘‘, adul- (C) in section 212(b)(2) (116 Stat. 1614), by apply for 2004 and years in the future. terated’’ and inserting ‘‘or adulterated’’; and striking ‘‘, such as phase IV trials,’’. In addition, the legislation clarifies (B) in paragraph (2)— SEC. 3. REPORT ON BARRIERS TO AVAILABILITY that as part of the third-party inspec- (i) in subparagraph (B), by striking ‘‘, adul- OF DEVICES INTENDED FOR CHIL- terated’’ and inserting ‘‘or adulterated’’; and DREN. tion program, companies must submit (ii) in subparagraph (E), by striking Not later than 180 days after the date of reports of inspectional findings con- ‘‘semicritical’’ and inserting ‘‘semi-critical’’. enactment of this Act, the Secretary of sistent with current FDA practices. (d) MISCELLANEOUS CORRECTIONS.— Health and Human Services shall submit to b 1445 (1) CERTAIN AMENDMENTS TO SECTION 515.— the Committee on Health, Education, Labor, (A) IN GENERAL.— and Pensions of the Senate and the Com- H.R. 3493 clarifies which data need to (i) TECHNICAL CORRECTION.—Section 515(c) mittee on Energy and Commerce of the be submitted for a firm to be eligible of the Federal Food, Drug, and Cosmetic Act House of Representatives a report on the for third-party inspection. (21 U.S.C. 360e(c)), as amended by sections 209 barriers to the availability of devices in- Medical devices are some of our tended for the treatment or diagnosis of dis- and 302(c)(2)(A) of Public Law 107–250 (116 health care system’s most remarkable Stat. 1613, 1618), is amended by redesignating eases and conditions that affect children. paragraph (3) (as added by section 209 of such The report shall include any recommenda- innovations. The provisions in this Public Law) as paragraph (4). tions of the Secretary of Health and Human technical and clarifying amendments (ii) MODULAR REVIEW.—Section 515(c)(4)(B) Services for changes to existing statutory bill will allow the FDA to continue to of the Federal Food, Drug, and Cosmetic Act authority, regulations, or agency policy or reduce review times, increase the effi- (21 U.S.C. 360e(c)(4)(B)) is amended by strik- practice to encourage the invention and de- ciency of its operations and allow these velopment of such devices. ing ‘‘unless an issue of safety’’ and inserting wonderful technologies to be delivered ‘‘unless a significant issue of safety’’. The SPEAKER pro tempore. Pursu- to patients more quickly. (B) CONFORMING AMENDMENT.—Section 210 ant to the rule, the gentleman from I want to thank the gentleman from of Public Law 107–250 (116 Stat. 1614) is Pennsylvania (Mr. GREENWOOD) and the Louisiana (Mr. TAUZIN), the gentleman amended by striking ‘‘, as amended’’ and all gentleman from Ohio (Mr. BROWN) each from Florida (Mr. BILIRAKIS), the gen- that follows through ‘‘by adding’’ and insert- will control 20 minutes. tleman from Michigan (Mr. DINGELL) ing ‘‘is amended in paragraph (3), as redesig- The Chair recognizes the gentleman nated by section 302(c)(2)(A) of this Act, by and the gentleman from Ohio (Mr. from Pennsylvania (Mr. GREENWOOD). adding’’. BROWN) as well as the gentleman from GENERAL LEAVE (2) CERTAIN AMENDMENTS TO SECTION 738.— California (Mr. WAXMAN) and each of Mr. GREENWOOD. Mr. Speaker, I (A) IN GENERAL.—Section 738(a) of the Fed- their staffs for this legislation. This ask unanimous consent that all Mem- eral Food, Drug, and Cosmetic Act (21 U.S.C. has been another outstanding example 379j(a)), as amended by subsection (a), is bers may have 5 legislative days within of teamwork and bipartisanship on the amended— which to revise and extend their re- (i) in the matter preceding paragraph (1)— marks and insert extraneous material part of the Committee on Energy and (I) by striking ‘‘(a) TYPES OF FEES.—Begin- on H.R. 3493. Commerce. ning on’’ and inserting the following: The SPEAKER pro tempore. Is there Mr. Speaker, I urge a ‘‘yes’’ vote on ‘‘(a) TYPES OF FEES.— objection to the request of the gen- this bill. ‘‘(1) IN GENERAL.—Beginning on’’; and Mr. Speaker, I reserve the balance of (II) by striking ‘‘this section as follows:’’ tleman from Pennsylvania? There was no objection. my time. and inserting ‘‘this section.’’; and Mr. BROWN of Ohio. Mr. Speaker, I (ii) by striking ‘‘(1) PREMARKET APPLICA- Mr. GREENWOOD. Mr. Speaker, I TION,’’ and inserting the following: ‘‘(2) PRE- yield myself such time as I may con- yield myself such time as I may con- MARKET APPLICATION,’’. sume. sume. (B) CONFORMING AMENDMENTS.—Section 738 Mr. Speaker, H.R. 3493 is a bill that I I am pleased to support this legisla- of the Federal Food, Drug, and Cosmetic Act introduced with the gentlewoman from tion which is intended to, and will,

VerDate jul 14 2003 02:48 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.006 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H111 help ensure that FDA’s medical device This bill makes important technical of our full committee; the gentleman user fee and third-party review pro- corrections. While it may seem a little from Florida (Mr. BILIRAKIS), our dis- grams operate as intended. The goal of dull and dry, the technical corrections tinguished subcommittee chairman; these programs is to promote timely really enhance the Medical Device User the gentleman from Michigan (Mr. DIN- access to medical devices without com- Fee and Modernization Act which was GELL), ranking member of our full com- promising FDA’s ability to properly a very important piece of legislation mittee; the gentleman from California evaluate both the safety and the effec- which allowed major new programs (Mr. WAXMAN) and certainly my col- tiveness of those devices. Successful bi- that really streamline the Food and league, who is the ranking member of partisan negotiations produced the au- Drug Administration’s medical device the Subcommittee on Health. thorizing legislation for these pro- approval process to be actually imple- I also want to thank several staff grams, and it is the same with this fol- mented. This bipartisan bill is about people: Pat Ronan of Chairman TAU- low-up measure today. making sure that patients are, one, ZIN’s staff; Alan Eisenberg of the office I commend the gentlewoman from able to safely benefit from new medical of the gentleman from Pennsylvania California (Ms. ESHOO) and the gen- technologies and, secondly, as quickly (Mr. GREENWOOD); John Ford of the of- tleman from Pennsylvania (Mr. GREEN- as possible. As medical technologies fice of the gentleman from Michigan WOOD) as well as the gentleman from become more advanced, it takes more (Mr. DINGELL); and Anne Witt of the of- Louisiana (Mr. TAUZIN), the gentleman attention and resources to ensure that fice of the gentleman from California from Michigan (Mr. DINGELL) and the these products are safe and effective. (Mr. WAXMAN). Without all of these gentleman from Florida (Mr. BILI- Last year, the House overwhelmingly good people, we would not be here RAKIS), the subcommittee Chair, for passed the Medical Device User Fee today doing this. So we have come a their leadership on this successful com- and Modernization Act which helps the long way, and I think we have created mittee effort. Unfortunately, the need FDA get lifesaving products to patients something that will serve our country for noncontroversial technical correc- faster, as well as resources to the agen- very well. tions is not the only obstacle pre- cy to assure this. Specifically under I urge all of my colleagues to vote for venting the medical device user fee that law, and I think it is important to this, to make it unanimous. We will program from fulfilling its potential. It underscore what was in that law and then accomplish yet something else is important for colleagues on both why we are bolstering it, the impor- very good and important for the Amer- sides of the aisle to be aware that con- tance of bolstering it today, the med- ican people. tinuation of the user fee program, and ical device industry agreed to pay fees Mr. BROWN of Ohio. Mr. Speaker, I it is this program that enables patients to the FDA for every product it pro- yield back the balance of my time. to receive cutting-edge medical devices poses to market. These fees will help Mr. GREENWOOD. Mr. Speaker, I on a timely basis, the continuation of the FDA hire additional staff, much yield myself the balance of my time. the user fee program does in fact hinge needed, I might add, and to purchase I also would like to thank my very on the appropriations process. needed equipment so that they can re- able staff member, Mr. Alan Eisenberg, User fees do no incremental good if view the products on a timely basis. for his tireless work on this and so they supplant, rather than supplement, Secondly, the resources were in- many other issues. Federal spending. As in the successful creased for additional inspections of Ms. JACKSON-LEE of Texas, Mr. Speaker, prescription drug user fee program, the manufacturing plants and facilities, a I rise today as a supporter of H.R. 3493 which continuation of user fees depends on very, very important part of that legis- amends Federal Food, Drug, and Cosmetic sufficient annual appropriations. Last lation, as well as the creation of an Of- Act. This legislation is necessary to clarify cer- year’s appropriation for medical device fice of Combination Products to shep- tain provisions relating to the Medical Device reviews was insufficient to sustain the herd advanced products, such as de- User Fee and Modernization Act of 2002. I am medical device user fee program in an vices with drug coating, through the pleased to see that this bill enjoys broad bi- optimal way. If this year’s appropria- approval process. This new administra- partisan support in this body after it was tion does not address that shortfall, tive flexibility allows the FDA to de- passed by unanimous consent in the Senate. the user fee program will likely fold. vote its resources to the devices that It is imperative that we continually update and Hard work went into establishing patients need most. rework the regulations that govern the use of this program. The existence of the pro- Finally, the bill created a way to reg- our Nation’s medical devices. gram enables patients more timely ac- ulate what are known as reprocessed I would also like to recognize my distin- cess to medical devices at no addi- devices. Some people may have tuned guished colleague Representative SHERROD tional cost to American taxpayers. We into nationally televised programs BROWN and affirm his view on the necessity of need to make sure the program does where the national discovery was made providing additional appropriations funding for not indeed fold. that reprocessed devices were being the Medical Device User Program. In the last I hope the President’s budget in- used in hospitals unbeknownst to doc- series of appropriations this vital program was cludes sufficient funding for the user tors and unbeknownst to patients. I did under funded and was left with a potentially fee program, and I hope we follow not like that when I heard it, and we dangerous mandate. While H.R. 3493 is a through by allocating sufficient dollars addressed it in the bill. timely bill, we must make sure to provide the to keep this program alive. The bill requires that reprocessed necessary resources for all medical device Mr. Speaker, I reserve the balance of products undergo additional scrutiny programs in order to make this legislation truly my time. by the FDA and that they be held to effective. Mr. GREENWOOD. Mr. Speaker, I re- the highest standards that the FDA Mr. ENGEL. Mr. Speaker, I rise today in serve the balance of my time. can apply. It also required that doc- support of the Medical Devices Technical Cor- Mr. BROWN of Ohio. Mr. Speaker, I tors, who are often unaware that they rections Act. This bipartisan legislation makes yield 5 minutes to the gentlewoman are using a reprocessed device, be in- technical corrections to the Medical Device from California (Ms. ESHOO), one of the formed about the reused device so that User Fee and Modernization Act of 2002, architects of this bill. they can, in turn, inform their patients which I was proud to cosponsor. Ms. ESHOO. Mr. Speaker, I thank our about the reused device. The Medical Device User Fee and Mod- distinguished ranking member and my This Technical Corrections Act is an ernization Act has several key components colleague, the gentleman from Penn- important bill because it is ultimately, that will result in a better, more efficient proc- sylvania (Mr. GREENWOOD) who, to- Mr. Speaker, about patients, and it will ess in which the Food and Drug Administra- gether we introduced this legislation, implement the Medical Device User tion works with medical device companies to H.R. 3493. I appreciate always his co- Fee and Modernization Act as Congress review applications, inspect device plants, and operation and that of his staff. This is fully intended. ensure that reprocessed devices are used in a not the first effort where we have One of the best parts of doing some- safe and identifiable fashion. The user fees in- worked together and been successful. thing like this is to work with the very cluded in the legislation are intended to pro- We are proud of that and proud of the able people that helped make it pos- vide FDA with additional resources to review work that has come out of our com- sible, so I want to thank the gentleman new or updated device applications more mittee. from Louisiana (Mr. TAUZIN), chairman quickly, but also more effectively. Every day,

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JA7.015 H27PT1 H112 CONGRESSIONAL RECORD — HOUSE January 27, 2004 medical devices save or improve the lives of tempore (Mrs. BIGGERT) at 6 o’clock [Roll No. 6] patients around the world and this legislation and 31 minutes p.m. YEAS—331 will mean that patients will have access to f Aderholt Foley Matsui new and improved devices in a much timelier Akin Fossella McCarthy (MO) fashion. REPORT ON RESOLUTION PRO- Allen Frank (MA) McCarthy (NY) Mr. Speaker, the manner in which the En- Andrews Franks (AZ) McCollum VIDING FOR CONSIDERATION OF ergy and Commerce Committee worked to Baca Frelinghuysen McCotter S. 610, NASA WORKFORCE FLEXI- Baird Garrett (NJ) McCrery enact the original bill and the legislation before BILITY ACT OF 2003 Baker Gerlach McDermott us today should be a model for future legisla- Baldwin Gibbons McGovern tive efforts. Because of the truly bipartisan Mr. LINCOLN DIAZ-BALART of Barrett (SC) Gilchrest McHugh Florida from the Committee on Rules, Bartlett (MD) Gillmor McInnis process, the Medical Device User Fee and Barton (TX) Gingrey McKeon Modernization Act enjoys widespread support submitted a privileged report (Rept. Bass Gonzalez McNulty which will work to ensure its success. I com- No. 108–406) on the resolution (H. Res. Beauprez Goode Meehan mend the medical device community and my 502) providing for consideration of the Becerra Goodlatte Meek (FL) Senate bill (S. 610) to amend the provi- Bell Gordon Menendez colleagues for their efforts to improve the de- Bereuter Goss Mica livery of health care to millions of Americans. sions of title 5, United States Code, to Berkley Granger Michaud Mr. GREENWOOD. Mr. Speaker, I provide for workforce flexibilities and Berman Graves Millender- have no further requests for time, and certain Federal personnel provisions Berry Green (TX) McDonald Biggert Green (WI) Miller (FL) I yield back the balance of my time. relating to the National Aeronautics Bilirakis Greenwood Miller, Gary The SPEAKER pro tempore (Mr. and Space Administration, and for Bishop (GA) Grijalva Moore SIMPSON). The question is on the mo- other purposes, which was referred to Bishop (NY) Gutierrez Moran (KS) the House Calendar and ordered to be Bishop (UT) Hall Moran (VA) tion offered by the gentleman from Blackburn Harman Murphy Pennsylvania (Mr. GREENWOOD) that printed. Blumenauer Harris Musgrave the House suspend the rules and pass Blunt Hart Myrick the bill, H.R. 3493, as amended. f Boehlert Hastings (WA) Napolitano Boehner Hayes Neal (MA) The question was taken. REPORT ON RESOLUTION PRO- Bonilla Hayworth Nethercutt The SPEAKER pro tempore. In the Bonner Hefley Neugebauer VIDING FOR CONSIDERATION OF Boswell Hensarling Ney opinion of the Chair, two-thirds of S. 1920, BANKRUPTCY ABUSE those present have voted in the affirm- Boyd Herger Norwood PREVENTION AND CONSUMER Bradley (NH) Hill Nunes ative. PROTECTION ACT OF 2004 Brady (TX) Hinchey Nussle Mr. GREENWOOD. Mr. Speaker, on Brown (OH) Hinojosa Oberstar that I demand the yeas and nays. Mr. LINCOLN DIAZ-BALART of Brown (SC) Hoeffel Obey Florida, from the Committee on Rules, Brown-Waite, Hoekstra Olver The yeas and nays were ordered. Ginny Holden Osborne The SPEAKER pro tempore. Pursu- submitted a privileged report (Rept. Burgess Holt Ose ant to clause 8 of rule XX and the No. 108–407) on the resolution (H. Res. Burns Hooley (OR) Otter 503) providing for consideration of the Burton (IN) Hostettler Oxley Chair’s prior announcement, further Cannon Houghton Pallone proceedings on this motion will be Senate bill (S. 1920) to extend for 6 Cantor Hoyer Pascrell postponed. months the period for which chapter 12 Capito Hulshof Pastor of title 11 of the United States Code is Capps Inslee Pearce f reenacted, which was referred to the Cardin Isakson Pelosi Cardoza Issa Pence AUTHORIZING THE SPEAKER TO House Calendar and ordered to be Carson (IN) Istook Peterson (MN) DECLARE A RECESS ON WEDNES- printed. Case Jackson (IL) Peterson (PA) DAY, FEBRUARY 4, 2004, FOR THE Castle Jackson-Lee Petri PURPOSE OF RECEIVING IN f Chabot (TX) Pickering Chocola Jefferson Pitts JOINT MEETING HIS EXCEL- Clay John Platts LENCY JOSE MARIA AZNAR, ANNOUNCEMENT BY THE SPEAKER Coble Johnson (CT) Pomeroy PRESIDENT OF THE GOVERN- PRO TEMPORE Cole Johnson, E. B. Porter Collins Johnson, Sam Portman MENT OF SPAIN The SPEAKER pro tempore. Pursu- Conyers Jones (OH) Pryce (OH) Mr. GREENWOOD. Mr. Speaker, I ant to clause 8 of rule XX, proceedings Cooper Kanjorski Putnam ask unanimous consent that it may be will resume on motions to suspend the Cox Kaptur Quinn rules previously postponed. Cramer Keller Radanovich in order at any time on Wednesday, Crane Kelly Rahall February 4, 2004, for the Speaker to de- Votes will be taken in the following Crenshaw Kennedy (MN) Ramstad clare a recess, subject to the call of the order: Crowley Kennedy (RI) Rangel H.R. 1385, by the yeas and nays; and Cubin Kildee Regula Chair, for the purpose of receiving in Davis (AL) Kilpatrick Rehberg joint meeting His Excellency Jose H.R. 3493, by the yeas and nays. Davis (CA) Kind Renzi Maria Aznar, President of the Govern- The first electronic vote will be con- Davis (FL) King (IA) Reynolds ment of Spain. ducted as a 15-minute vote; the second Davis (IL) King (NY) Rogers (AL) will be conducted as a 5-minute vote. Davis (TN) Kirk Rogers (MI) The SPEAKER pro tempore. Is there Davis, Tom Kline Ros-Lehtinen Deal (GA) Knollenberg Ross objection to the request of the gen- f tleman from Pennsylvania? DeLauro Kolbe Ruppersberger DeLay LaHood Ryan (WI) There was no objection. BREAST CANCER STAMP Deutsch Lampson Ryun (KS) f EXTENSION Diaz-Balart, L. Langevin Sanchez, Loretta Diaz-Balart, M. Larsen (WA) Sanders RECESS The SPEAKER pro tempore. The Dicks Larson (CT) Saxton pending business is the question of sus- Dooley (CA) Latham Schakowsky The SPEAKER pro tempore. Pursu- pending the rules and passing the bill, Doyle Lee Schiff ant to clause 12(a) of rule I, the Chair Dreier Levin Schrock H.R. 1385, as amended. declares the House in recess subject to Dunn Lewis (GA) Scott (VA) The Clerk read the title of the bill. Edwards Lewis (KY) Sensenbrenner the call of the Chair. The SPEAKER pro tempore. The Ehlers Linder Sessions Accordingly (at 2 o’clock and 54 min- Emanuel LoBiondo Shadegg question is on the motion offered by utes p.m.), the House stood in recess Emerson Lofgren Shaw the gentleman from California (Mr. Engel Lowey Shays subject to the call of the Chair. OSE) that the House suspend the rules Eshoo Lucas (KY) Sherman f Etheridge Lucas (OK) Sherwood and pass the bill, H.R. 1385, as amend- Evans Lynch Shimkus b 1831 ed, on which the yeas and nays are or- Everett Majette Shuster dered. Farr Maloney Simmons AFTER RECESS The vote was taken by electronic de- Feeney Manzullo Simpson Ferguson Markey Skelton The recess having expired, the House vice, and there were—yeas 331, nays 1, Filner Marshall Smith (MI) was called to order by the Speaker pro not voting 100, as follows: Flake Matheson Smith (NJ)

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.013 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H113 Smith (TX) Thompson (CA) Walden (OR) [Roll No. 7] Smith (MI) Terry Visclosky Smith (WA) Thompson (MS) Walsh Smith (NJ) Thomas Vitter Snyder Thornberry Watt YEAS—333 Smith (TX) Thompson (CA) Walden (OR) Solis Tiahrt Smith (WA) Thompson (MS) Walsh Waxman Aderholt Ferguson Marshall Spratt Tierney Snyder Thornberry Watt Weiner Akin Filner Matheson Stearns Toomey Solis Tiahrt Waxman Weldon (FL) Allen Flake Matsui Stenholm Towns Spratt Tierney Weiner Weller Andrews Foley McCarthy (MO) Strickland Turner (OH) Stearns Toomey Weldon (FL) Whitfield Baca Fossella McCarthy (NY) Stupak Turner (TX) Stenholm Towns Weller Wicker Sweeney Udall (CO) Baird Frank (MA) McCollum Strickland Turner (OH) Whitfield Wilson (NM) Tancredo Udall (NM) Baker Franks (AZ) McCotter Stupak Turner (TX) Wicker Woolsey Tanner Upton Baldwin Frelinghuysen McCrery Sweeney Udall (CO) Wilson (NM) Taylor (MS) Van Hollen Wu Barrett (SC) Garrett (NJ) McDermott Tancredo Udall (NM) Woolsey Taylor (NC) Velazquez Wynn Bartlett (MD) Gerlach McGovern Tanner Upton Wu Terry Visclosky Young (AK) Barton (TX) Gibbons McHugh Taylor (MS) Van Hollen Wynn Thomas Vitter Bass Gilchrest McInnis Taylor (NC) Velezquez Young (AK) Beauprez Gillmor McKeon NAYS—1 Becerra Gingrey McNulty NOT VOTING—99 Bell Gonzalez Paul Meehan Abercrombie Gallegly Price (NC) Bereuter Goode Meek (FL) Ackerman Gephardt Reyes NOT VOTING—100 Berkley Goodlatte Menendez Alexander Gutknecht Rodriguez Berman Gordon Mica Abercrombie Forbes Payne Bachus Hastings (FL) Berry Goss Michaud Rogers (KY) Ackerman Ford Pombo Ballance Hobson Biggert Granger Millender- Rohrabacher Alexander Frost Price (NC) Ballenger Honda Bilirakis Graves McDonald Rothman Bachus Gallegly Bono Houghton Reyes Bishop (GA) Green (TX) Miller (FL) Roybal-Allard Ballance Gephardt Boozman Hunter Rodriguez Bishop (NY) Green (WI) Miller, Gary Royce Ballenger Gutknecht Boucher Hyde Rogers (KY) Bishop (UT) Greenwood Moore Rush Bono Hastings (FL) Brady (PA) Israel Rohrabacher Blackburn Grijalva Moran (KS) Ryan (OH) Boozman Hobson Brown, Corrine Jenkins Rothman Blumenauer Gutierrez Moran (VA) Sabo Boucher Honda Burr Johnson (IL) Roybal-Allard Blunt Hall Murphy Brady (PA) Hunter Buyer Jones (NC) Sanchez, Linda Royce Boehlert Harman Musgrave Brown, Corrine Hyde Calvert Kingston T. Rush Boehner Harris Myrick Burr Israel Camp Kleczka Sandlin Ryan (OH) Bonilla Hart Napolitano Buyer Jenkins Capuano Kucinich Scott (GA) Sabo Bonner Hastings (WA) Neal (MA) Calvert Johnson (IL) Carson (OK) Lantos Serrano Sanchez, Linda Boswell Hayes Nethercutt Camp Jones (NC) Clyburn LaTourette Simmons T. Boyd Hayworth Neugebauer Capuano Kingston Costello Leach Slaughter Sandlin Bradley (NH) Hefley Ney Carson (OK) Kleczka Culberson Lewis (CA) Souder Scott (GA) Brady (TX) Hensarling Norwood Carter Kucinich Cunningham Lipinski Stark Serrano Brown (OH) Herger Nunes Clyburn Lantos Davis, Jo Ann McIntyre Sullivan Brown (SC) Hill Nussle Costello LaTourette Slaughter DeFazio Meeks (NY) Brown-Waite, Hinchey Oberstar Tauscher Culberson Leach Souder DeGette Miller (MI) Ginny Hinojosa Obey Tauzin Cummings Lewis (CA) Stark Delahunt Miller (NC) Burgess Hoeffel Olver Tiberi Cunningham Lipinski Sullivan Dingell Miller, George Burns Hoekstra Osborne Wamp Davis, Jo Ann McIntyre Tauscher Doggett Mollohan Burton (IN) Holden Ose Waters DeFazio Meeks (NY) Tauzin Doolittle Murtha Cannon Holt Otter Watson DeGette Miller (MI) Tiberi Duncan Nadler Cantor Hooley (OR) Oxley Weldon (PA) Delahunt Miller (NC) Wamp English Northup Capito Hostettler Pallone Wexler DeMint Miller, George Waters Fattah Ortiz Capps Hoyer Pascrell Dingell Mollohan Watson Forbes Owens Wilson (SC) Cardin Hulshof Pastor Doggett Murtha Weldon (PA) Ford Payne Wolf Cardoza Inslee Paul Doolittle Nadler Wexler Frost Pombo Young (FL) Carson (IN) Isakson Pearce Duncan Northup Wilson (SC) Carter Issa Pelosi English Ortiz Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Case Istook Pence Fattah Owens Young (FL) Castle Jackson (IL) Peterson (MN) The SPEAKER pro tempore (Mrs. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chabot Jackson-Lee Peterson (PA) BIGGERT) (during the vote). Members The SPEAKER pro tempore (Mrs. Chocola (TX) Petri are reminded that there are 2 minutes Clay Jefferson Pickering remaining in this vote. BIGGERT) (during the vote). Members Coble John Pitts are reminded that there are 2 minutes Cole Johnson (CT) Platts b 1913 remaining in this vote. Collins Johnson, E. B. Pomeroy Conyers Johnson, Sam Porter So (two thirds having voted in favor b 1855 Cooper Jones (OH) Portman thereof) the rules were suspended and Cox Kanjorski Pryce (OH) the bill, as amended, was passed. So (two-thirds having voted in favor Cramer Kaptur Putnam thereof) the rules were suspended and Crane Keller Quinn The result of the vote was announced the bill, as amended, was passed. Crenshaw Kelly Radanovich as above recorded. Crowley Kennedy (MN) Rahall A motion to reconsider was laid on The result of the vote was announced Cubin Kennedy (RI) Ramstad as above recorded. Cummings Kildee Rangel the table. A motion to reconsider was laid on Davis (AL) Kilpatrick Regula f the table. Davis (CA) Kind Rehberg Davis (FL) King (IA) Renzi REMOVAL OF NAME OF MEMBERS f Davis (IL) King (NY) Reynolds AS COSPONSORS OF H.R. 2682 Davis (TN) Kirk Rogers (AL) MEDICAL DEVICES TECHNICAL Davis, Tom Kline Rogers (MI) Mrs. LOWEY. Madam Speaker, I ask CORRECTIONS ACT Deal (GA) Knollenberg Ros-Lehtinen unanimous consent to have the fol- DeLauro Kolbe Ross The SPEAKER pro tempore. The DeLay LaHood Ruppersberger lowing names removed as cosponsors of pending business is the question of sus- DeMint Lampson Ryan (WI) H.R. 2682: Mrs. TAUSCHER, Ms. pending the rules and passing the bill, Deutsch Langevin Ryun (KS) MILLENDER-MCDONALD, Mr. DEUTSCH, H.R. 3493, as amended. Diaz-Balart, L. Larsen (WA) Sanchez, Loretta Mr. WALSH, and Mr. BLUMENAUER. Diaz-Balart, M. Larson (CT) Sanders The Clerk read the title of the bill. Dicks Latham Saxton The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The Dooley (CA) Lee Schakowsky objection to the request of the gentle- question is on the motion offered by Doyle Levin Schiff woman from New York? the gentleman from Pennsylvania (Mr. Dreier Lewis (GA) Schrock Dunn Lewis (KY) Scott (VA) There was no objection. GREENWOOD) that the House suspend Edwards Linder Sensenbrenner f the rules and pass the bill, H.R. 3493, as Ehlers LoBiondo Sessions amended, on which the yeas and nays Emanuel Lofgren Shadegg SPECIAL ORDERS Emerson Lowey Shaw are ordered. Engel Lucas (KY) Shays The SPEAKER pro tempore (Mr. The Chair announces that this will be Eshoo Lucas (OK) Sherman NEUGEBAUER). Under the Speaker’s an- a 15-minute vote. Etheridge Lynch Sherwood nounced policy of January 7, 2003, and The vote was taken by electronic de- Evans Majette Shimkus under a previous order of the House, Everett Maloney Shuster vice, and there were—yeas 333, nays 0, Farr Manzullo Simpson the following Members will be recog- not voting 99, as follows: Feeney Markey Skelton nized for 5 minutes each.

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.014 H27PT1 H114 CONGRESSIONAL RECORD — HOUSE January 27, 2004 The SPEAKER pro tempore. Under a we will promote savings and will pro- The SPEAKER pro tempore. Under a previous order of the House, the gen- mote wealth generation. previous order of the House, the gentleman from Illinois (Mr. EMANUEL) is Mr. Speaker, I need to point out, this tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. is wealth that can be passed on from recognized for 5 minutes. (Mr. EMANUEL addressed the House. generation to generation. It is actually (Mr. DEFAZIO addressed the House. His remarks will appear hereafter in owned by that individual. It is not His remarks will appear hereafter in the Extensions of Remarks.) some program that when a person dies, the Extensions of Remarks.) f that program goes away. f Many health savings accounts gen- The SPEAKER pro tempore. Under a b 1915 erate a 4 percent return on investment, previous order of the House, the gen- and with the miracle of compound in- GOP AGENDA ON UNINSURED OF tleman from Indiana (Mr. BURTON) is AMERICA terest, Mr. Speaker, that money can recognized for 5 minutes. grow significantly over time. Of course, The SPEAKER pro tempore (Mr. (Mr. BURTON of Indiana addressed as the market continues to improve, the House. His remarks will appear NEUGEBAUER). Under a previous order some health savings accounts could of the House, the gentleman from hereafter in the Extensions of Re- generate a much higher return. marks.) Texas (Mr. BURGESS) is recognized for 5 Another program that the President minutes. mentioned and actually is no stranger f Mr. BURGESS. Mr. Speaker, just last to this House because we passed H.R. The SPEAKER pro tempore. Under a week in his State of the Union Address, 660 last June, but Association Health previous order of the House, the gen- the President brought before the House Plans, Mr. Speaker, I believe, are a tleman from Ohio (Mr. BROWN) is rec- a three-point plan for helping reduce powerful tool in allowing small busi- ognized for 5 minutes. the number of uninsured Americans. nesses to continue to provide em- (Mr. BROWN of Ohio addressed the Mr. Speaker, I was very grateful to ployer-derived insurance for their em- House. His remarks will appear here- hear the President’s discussion of this ployees. after in the Extensions of Remarks.) plan. Of course, here in this House in Right now, Mr. Speaker, small busi- f November this year past, as part of the nesses are handicapped by high insur- MEDICAL MALPRACTICE CRISIS Medicare Modernization Act that we ance prices and State mandates when passed November 22, we also included a shopping for health insurance. But As- The SPEAKER pro tempore. Under a provision for health savings accounts. sociation Health Plans would allow previous order of the House, the gen- Health savings accounts, Mr. Speak- bona fide business and trade associa- tleman from Pennsylvania (Mr. SHU- er, are a program that has been near tions to negotiate health care coverage STER) is recognized for 5 minutes. and dear to my heart for many years. rates with employers utilizing a much Mr. SHUSTER. Mr. Speaker, I rise My last 5 years of medical practice, I larger pool of employees, not just the tonight to report back on the last 3 had a medical savings account, and I individual small business employee weeks I spent in my district, traveling saw firsthand the value of being able to pool. Removal of some State mandates, the district, visiting with the 13 hos- build that account, to build those dol- which a large majority of businesses pital and medical centers that are in lars in a tax-free, tax-deferred account avoid under ERISA, would assist small my district, to talk to them about the completely dedicated to health care businesses by giving them the ability Prescription Drug and Medicare Mod- needs. to shop for health coverage that meets ernization Act that we passed here in The new health savings accounts will the needs of their employees without November and the President signed give Americans more choice in their the inclusion of extraneous and expen- into law. health care. Of course, they can choose sive State-mandated benefits. I would like to report they have been their own physician and consult with Mr. Speaker, the final program that very pleased with what we did here in their doctor about services they need was mentioned by the President in his Congress. The doctors are pleased with and services they can afford, but it State of the Union address, that is ac- the reimbursement increase they are puts the consumer, it puts the patient, tually a bill that has been introduced going to receive, and our hospitals are back in the driver’s seat and actually by our neighbor, Kay Granger, in Fort pleased with what we have done. I have gives them a stake, not just in their Worth, involves tax credits for the un- a rural district, and the rural package health outcome, but how their health insured. that we put forth for these hospitals is dollars are spent. Tax credits are perhaps the best way very important to their financial well- Mr. Speaker, I believe this is an ex- and the most immediate way to help being. tremely important point. I believe that the 43 million Americans who have not But as we talked about what we did putting consumers back in charge of been able to purchase health insurance. in the bill, the discussion quickly how health care expenditures are made Fully refundable, prepaid tax credits turned to what we have not done here will be one way of reducing the cost of would give low-income individuals and in Congress. In the House, we have at- delivering care. families immediate purchasing power tempted to do it three times, passed Health savings accounts will give in the health insurance market. Some legislation to reform medical mal- Americans health care that is much studies estimate that there could be a practice, but it has not passed in the more portable than the current em- 50 to 80 percent reduction in the num- other body, and as I talked to these ployer-derived accounts. As over half of ber of uninsured Americans if the Fed- CEOs, doctors and nurses, we talked all Americans receive their health care eral Government made available a about the stories in various areas of coverage through their employer, fully refundable health insurance tax the district. health savings accounts become even credit. In Indiana County, for instance, the more important because if someone Mr. Speaker, the other thing that we home of Jimmy Stewart, a very well- loses their job, of course they lose can do, and we have done in this House, respected and beloved orthopedic sur- health care coverage; but with the but the other thing we can do at the geon, Dr. Paul Burton, left Pennsyl- health savings account, that money ob- Federal level to help with the problem vania for California 6 months ago due viously would be rolled over and would of the uninsured is to reduce the enor- to the medical malpractice crisis in the continue to be there to cover the work- mous cost of the liability system, that State of Pennsylvania. er or their families. burden that is placed on the health In Blair County, Pennsylvania, the Health savings accounts promote care delivery system in this country. I largest hospital in my district, the Al- savings and wealth generation. Cur- know this House has acted on that this toona Hospital, in 1999 they paid ap- rently, unfortunately, Mr. Speaker, past year, but our work is not through, proximately $1 million in malpractice Americans save only 2 percent of their and we need to encourage those Mem- insurance; last year, that number annual income. The average in Western bers of the other body who may be so jumped up to almost $3 million, and industrialized nations is around 10 per- inclined to move that legislation not a penny of it was used to help pa- cent. But with health savings accounts, through their body. tients.

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.027 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H115 Pennsylvania physicians paid over Union message and as he traveled the would be of comfort and would provide $350 million in malpractice insurance country the past couple of days talking some measure of security for veterans premiums, which ranks them second in about the need for medical malpractice of the Merchant Marine. the Nation, nearly 10 percent of the Na- reform in this country. I would also I owe a debt of gratitude to Ian Alli- tion’s total, despite having less than 5 urge the other body to move this im- son, Merchant Marine combat veteran, percent of the Nation’s physicians. portant legislation, so that we can give Co-Chairman of the Just Compensation There are countless stories like the relief needed, the much-needed re- Committee, for bringing to me the these, not only in my district, but lief, to our health care system. plight of the Merchant Mariners. To across this country. In 2002, an Amer- f recognize Mr. Allison, his Co-Chair- ican Medical Association analysis man, Henry Van Gemert, and the thou- JUSTICE AND EQUITY FOR MEM- found that 12 States were in crisis. sands of veterans of the United States BERS OF THE UNITED STATES That number has now reached 19, and Merchant Marine, I today introduce MERCHANT MARINE they include Pennsylvania, New York, the Belated Thank You to the Mer- New Jersey, Connecticut, West Vir- The SPEAKER pro tempore. Under a chant Mariners of World War II Act of ginia, Ohio, Kentucky, North Carolina, previous order of the House, the gen- 2004, today, January 27, 2004, the date Georgia, Florida, Mississippi, Arkan- tleman from California (Mr. FILNER) is of Mr. Allison’s 84th birthday. sas, Missouri, Illinois, Texas, Wyo- recognized for 5 minutes. I urge my colleagues to join me in coming, Nevada, Oregon and Washington. Mr. FILNER. Mr. Speaker, I rise sponsoring this legislation. We can Together, these States represent al- today to ask the Congress to correct an never make up for the years lost, but most half the population of the entire injustice that has been inflicted upon a we can fix the injustice by passing H.R. country. group of World War II veterans, the 3729 as quickly as possible. America’s medical liability system is World War II United States Merchant broken. Jury awards are a big part of Mariners. f that problem. In 2002, 52 percent of all World War II Merchant Mariners suf- awards were for $1 million or more. fered the highest casualty rate of any TRIBUTE TO MONTEREY CITY Today that average is over $3.5 million. of the branches of services while they COUNCILWOMAN RUTH VREELAND In the city of Philadelphia, juries delivered troops, tanks, food, airplanes, awarded more than the entire State of fuel and other needed supplies to every The SPEAKER pro tempore. Under a California, which is outrageous. If left theater of the war. Compared to the previous order of the House, the gen- unrestrained, these jury awards will large number of men and women serv- tleman from California (Mr. FARR) is continue to spiral out of control. ing in World War II, the numbers of recognized for 5 minutes. One of the most serious consequences Merchant Mariners were small, but Mr. FARR. Mr. Speaker, I rise to- of the medical malpractice crisis is pa- their chance of dying during service night in these hallowed halls of Con- tients’ access to care. Physicians are was extremely high. Enemy forces sank gress to pay tribute to a colleague in being forced to limit services, retire over 800 ships between 1941 and 1944 public service, Monterey City Council- early or move to other States where alone. woman Ruth Vreeland, killed in an medical malpractice reform has taken Unfortunately, this group of brave automobile accident on Highway 101 in place. men were denied their rights under the southern Monterey County just this During my tour, I met an ear, nose GI Bill of Rights which Congress en- last Sunday. and throat physician who is trying to acted in 1945. All those who served in What a loss. This 68-year-old woman recruit another doctor for his practice. the Army, Navy, Marine Corps, Air had the energy of 100 locomotives. In- He told me that when he goes to these Force or Coast Guard were recipients volved in everything, teacher, state- conferences and speaks to the residents of benefits under the GI Bill. The wide education activist, 20-year city or other physicians, as soon as they United States Merchant Marine was councilwoman, statewide League of hear he is from Pennsylvania, they say, not included. Cities activist, Democratic Party ac- ‘‘No way.’’ In fact, last year not a sin- Mr. Speaker, the Merchant Marine tivist, mother, member of various gle orthopedic resident that was became the forgotten service. For four boards. She was always there, always trained in Pennsylvania stayed in decades, no effort was made to recog- prepared, and always wanting to do Pennsylvania to practice medicine due nize the contribution made by this more. to the medical malpractice situation in branch of the Armed Forces. The fact Born in Chunking, China, she grew up our State. in Szechwan Province where her par- Not just doctors and hospitals pay for that merchant seamen had borne arms ents worked as medical missionaries. this medical malpractice insurance, during wartime in the defense of their Returning to Toronto, Canada, in 1940, but all patients pay the escalating country did not seem to matter. and moving to San Francisco where her costs of this crisis. Health and Human No legislation to benefit merchant Services estimates that medical liabil- seamen was passed by Congress until parents taught at the University of ity costs add $60 billion to $108 billion 1988 when the Seaman Acts of 1988 fi- California, Berkeley, Ruth earned a to the total cost of health care each nally granted them the status of vet- bachelor’s degree in arts and education year, $47 billion annually to what the eran and a ‘‘watered down’’ GI Bill of from San Francisco State University. Federal Government pays for Medicare, Rights. Some portions of the GI Bill She also met her husband there, Dick Medicaid, VA and health care for Fed- have never been made available to vet- Vreeland, and then continued on to the eral employees. erans of the Merchant Marine. University of San Francisco to earn a Costs are further increased by addi- While it is impossible to make up for master’s degree in organizational de- tional unnecessary tests and treat- over 40 years of unpaid benefits, I pro- velopment. ments that are performed by physi- pose a bill that will acknowledge the In 1956, she moved to Monterey Pe- cians practicing defensive medicine, service of the veterans of the Merchant ninsula to teach school, and was elect- trying to avoid being sued. Marine and offer compensation for ed to the Monterey City Council with The solution to all of this is reform. years and years of lost benefits. My the intention of protecting the quality The House passed, as I said, three bill, H.R. 3729, the Belated Thank You of life in the city of Monterey. times, medical liability reform, pro- to the Merchant Mariners of World War ‘‘This town is more than buildings posing a cap of $250,000 on noneconomic II Act of 2004, would pay each eligible and streets; first it is people,’’ she damages. The HEALTH Act, H.R. 5, of veteran a monthly benefit of $1,000. wrote in her campaign statement. She which I am a cosponsor, which we That payment would also go to their championed the tearing down of the passed in the spring, would still allow surviving spouse. waterfront buildings so that people for unlimited economic damages, while The average age of Merchant Marine could see the Bay where California also establishing a reasonable limit on veterans is now 81. Many have outlived began. She replaced the buildings with the pain and suffering awards. their savings. A monthly benefit to parks and recreational trails, the now I salute the President for bringing compensate for the loss of nearly a life- highly successful Window on the Bay this to the forefront in his State of the time of ineligibility for the GI Bill Project.

VerDate jul 14 2003 02:05 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.032 H27PT1 H116 CONGRESSIONAL RECORD — HOUSE January 27, 2004 She served in a variety of leadership Parenthood named her an Outstanding But not Ruth Vreeland. positions, including the League of Cali- Woman in Politics. The Monterey Ro- America will miss her. She came to this fornia Cities Board of Directors, Insti- tary named her an Outstanding Teach- country to do good—we are all better for it tute for Local Self-Government, the er. Furthermore, the Fisherman’s and will miss her forever. Wharf named her the Wharf Rat of the 20th District Parent-Teacher Associa- f Year in 1995. The California Demo- tion, the Monterey Bay Task Force, The SPEAKER pro tempore (Mr. Quota International, Women in Munic- cratic Party recognized her for out- NEUGEBAUER). Under a previous order standing services. J.C. Penney gave her ipal Government, Friends Outside of of the House, the gentleman from the Monterey County, and the Overall the Golden Rule Award. And the Old Michigan (Mr. CONYERS) is recognized Monterey Business Association recog- Economic Development Committee of for 5 minutes. nized her for exceptional dedication. Monterey County. (Mr. CONYERS addressed the House. She was also a Volunteers in Action The Monterey Civic Club honored her for being a community volunteer. Fi- His remarks will appear hereafter in Board Member, a Monterey City Coun- the Extensions of Remarks.) cil member since 1983, an alternate in nally, the Association of Monterey Bay the Monterey Bay Sanctuary Advisory Area Governments recognized her for f Council and a former president of the 20 years of service. FOCUSING CONGRESS’ ATTENTION As I mentioned earlier, and as you Association of Monterey Bay Area Gov- ON THE BASIS FOR THE WAR IN can see from this lengthy list of accom- ernments, the Monterey Peninsula IRAQ Concert Association and the Winnie plishments, Ruth was always moving, the Pooh Chapter of the Children’s always involved. Her friends wondered The SPEAKER pro tempore. Under a Home Society. if she ever had time to sleep. She previous order of the House, the gen- adored her family and always seemed tleman from New York (Mr. HINCHEY) b 1930 to be on her way to visit the next child. is recognized for 5 minutes. She was involved in various organiza- In fact, the tragic accident that led to Mr. HINCHEY. Mr. Speaker, as we tions. her death occurred as she returned begin this second session of the 108th Tonight, in paying tribute, I would from visiting one of her three daugh- Congress, there is a great deal of very also like to recognize my colleague, ters, Lauren, Amy and Meslissa. important work that remains for us to the minority leader of the United Among the three of them, they have accomplish. States House of Representatives, the seven of Ruth and Dick’s grand- Primarily, among those things that gentlewoman from San Francisco, Cali- children. need to be done is simply this: this fornia (Ms. PELOSI). Ruth and Dick’s home blended the Congress needs to focus its attention Ms. PELOSI. Mr. Speaker, I want to elements of Ruth Vreeland’s youth in on the basis for the war in Iraq, why we join our distinguished colleague, the China with Japanese culture that Dick are there; why that war was carried gentleman from California (Mr. FARR), Vreeland picked up in the Army. out; and what were the basic reasons in paying tribute to Ruth Vreeland. I She was also involved with various organi- behind it. thank him, as one who admired her on zations including the Monterey Vista Home- We were told initially by the admin- behalf of so many who learned from her owners Association, Community of Caring, istration that there was a connection over the years, for my colleague’s mag- League of Women Voters, American Associa- between Iraq and the attack on our nificent tribute to her, which I know tion of University Women, California Teachers country of September 11, 2001, and that he has not finished. I will not take a Association, Monterey Bay Teachers Associa- there was a relationship between al lot of time because I know he needs the tion, Responsible Hospitality, California Elect- Qaeda and Saddam Hussein. That has time to put the full tribute into the ed Women’s Association for Education and proven to be completely false. RECORD. Research, Monterey Main Street Program, Na- Subsequently, this Congress was told As one who worked with her for over tional Organization of Women, Old Monterey repeatedly, even in classified briefings 25 years in the California Democratic Preservation Society, Sierra Club, ACLU, right here on the floor of the House of Party, I know of her love of country. State Theater Preservation Group, Monterey Representatives, carried out by the She was a true patriot. She loved our Civic Club, Monterey History and Art Associa- Secretary of Defense and others, that country. She loved its people. She tion, American Association for Retired Per- the reason we were going to war in Iraq loved its natural environment. She sons, California Retired Teachers’ Association, was because of the fact that Iraq pos- loved our civil liberties. She was a and the Unitarian Church. sessed chemical and biological weap- She cooked Chinese food and raised the model citizen. ons, so-called weapons of mass destruc- children to use chopsticks. A proud naturalized My daughter Christine, I know, tion. And as the President put it, Iraq citizen from Canada, Vreeland also instilled would want to join with me, who constituted a deep and ongoing threat civic values in her daughters. ‘‘She believed in worked with her on the platform com- to the United States; and as Vice Presi- this country because she was naturalized in it mittee, in expressing our sympathies dent CHENEY put it, Iraq constitutes an and she taught me what patriotism is,’’ her to her family in saying that we will re- imminent threat to the United States daughter said. member her with great affection, admi- Vreeland also continued to tackle the large- because of these so-called weapons of ration, and respect. scale problems that had always energized her. mass destruction, chemical and bio- I thank the distinguished gentleman The Sierra Club recognized her in the 1980’s logical weapons, which were alleged to from California (Mr. FARR) and thank for fighting offshore drilling and sewage spills. be in Iraq in large numbers. him for his leadership in presenting the She traveled to Sacramento and Washington We have now come to learn quite very, very excellent credentials of Ms. to promote education and local government, clearly that that was wrong, that there Vreeland to our colleagues. rising to leadership roles with the Association were no weapons of mass destruction, Mr. FARR. Mr. Speaker, I thank the of Monterey Bay Area Governments and the no chemical or biological weapons in gentlewoman from California (Ms. League of California Cities. any significant amount held in Iraq by PELOSI) for joining us. I know her fam- Vreeland was active in Democratic Party Saddam Hussein or by anyone else. ily and all her friends and people in politics and was not afraid to bring progressive Many of us knew that. Many of us elected government will be so touched political causes to Monterey. She challenged knew that 15 months ago when this because she was a big admirer of the the city in 1988 for not having enough women Congress voted on a resolution author- gentlewoman. My colleague led the and minorities in management positions, and a izing the administration to carry out a way for women in politics. decade later she discouraged the council from war in Iraq. We knew it, we said so, and Throughout her life, many of these subsidizing the Boy Scouts because of its ex- we voted against that resolution. organizations honored her outstanding clusionary policies toward gays. Nevertheless, many others were commitment and service to our Bay In the months before her death, Vreeland’s taken in by what was coming out of community with awards. The Volun- last big project was saving education and local the White House and elsewhere within teers in Action honored her community government in the face of California’s budget the administration. And they voted for service. The Sierra Club honored her crisis, a problem epic enough to discourage the war in Iraq, many of them, based for outstanding achievement. Planned even the most ardent community activist. on the belief that they were being told

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.034 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H117 the truth about the possession of weap- the Nation’s military end strength, the parts of the world. If conflict erupted ons of mass destruction by the regime number of people in our uniformed on the Korean peninsula while these of Saddam Hussein. Again, now we services. I am pleased that my col- brigades are in southwest Asia, our know very clearly that that was not leagues rose to the challenge and rec- ability to respond quickly would likely the case and that the administration ognized the increased pressures that be compromised. knew it was not the case. have been placed on our Recently, Lieutenant General John Most recently we have the report servicemembers. As a result, Congress Riggs, a senior Army officer, stated from the outgoing head of the Amer- last year authorized an increase in end that the Army must be substantially ican weapons inspection team in Iraq, strength of 2,400 soldiers for the Army increased to meet its global commit- David Kay. David Kay has now com- and 300 airmen for the Air Force. ments. Yet the Secretary of Defense pleted his report as he retires from Unfortunately, this increase is just a continues to maintain that the services that position, and he has said to us small down payment on what the serv- have enough end strength already to very, very clearly in that report that ices, particularly the Army, need in meet their responsibilities and that the there were no weapons of mass destruc- order to meet today’s increased oper- increased demands on the troops is tion in Iraq, no chemical or biological ational tempo. Nearly a decade ago, only a spike or temporary increase. As weapons; that the biological and chem- Congress heard from the Army leader- a result, my expectation is that the ical weapons that were there, many of ship about the need for an increase in President’s budget will not include any them were destroyed in the first Gulf end strength. The then Army Deputy permanent end strength increase but War in 1991 and the rest were discov- Chief of Staff for Personnel, General will permit only temporary overages ered and destroyed by the ongoing Ted Stroup, testified before the Com- associated with our current deploy- United Nations weapons inspection mittee on Armed Services that the ments in Iraq and Afghanistan. program. Army needed 25,000 more soldiers to The Department of Defense believes We also have information from the meet ongoing operational needs. Our that additional servicemembers are not Carnegie Endowment for International ongoing operations in Afghanistan and needed because we proved that our Peace, which has done a very com- Iraq have only made the need for addi- troops can vastly overpower an enemy prehensive study of the issue of so- tional troops more imperative. I think with speed agility and power in war. called weapons of mass destruction in we need an additional 40,000-person end The problem is that we are no longer in Iraq. The Carnegie Endowment for strength increase in the Army alone, that type of war. We are rebuilding a International Peace has set forth in a not to mention the other services. Nation from the ground up. That kind very detailed report that there were no Many servicemembers who were sent of undertaking takes people. And right weapons of mass destruction held by to Afghanistan to search for Osama bin now we simply do not have enough. the Saddam Hussein regime not since Laden and defeat the al Qaeda went There is simply no substitute for the end of the first Gulf War, and home after their tours only to be told having boots on the ground. To get the shortly thereafter they were destroyed to pack their bags because they were job done right I am pleased that a num- as a result of weapons inspection pro- going to Iraq for a year. Brigades from ber of my colleagues have recognized gram, the U.N. weapons inspection pro- the 10th Mountain Division and from the importance of increasing end gram. the 101st Airborne Division were sent strength. A number of them have writ- Again, another clear indication that to Afghanistan. They returned home ten to the President and the Secretary the premise that was laid forth by the for a relatively short duration, and of Defense calling for an increase in administration to this Congress in then they were sent to Iraq to pros- end strength. Others like the gentle- order to get a resolution passed author- ecute Operation Iraqi Freedom. If we woman from California (Mrs. izing the carrying out of that war was continue these back-to-back deploy- TAUSCHER) have introduced legislation false. It was fabricated. And this Con- ments, we will literally break the to this effect. gress was misled. force. That is something we as a Na- We must, we can, and we will in this That leaves us with the very serious tion can ill afford to let happen. Congress pass an authorization bill au- problem of finding out why that was And now our military is about to em- thorizing for appropriation additional done and who was responsible for doing bark on the largest troop rotation in end strength for the United States it. That is important because of the the history of our country. I wish I Army as well as the other services. could say that the replacement troops situation we currently find ourselves in f in Iraq, including the situation we find will be fresh, but the hard truth is that ourselves in with regard to the war on many of them will be returning to Iraq FULL DISCLOSURE FOR CLAIM OF terrorism. for consecutive tours. If we had enough WEAPONS OF MASS DESTRUC- Our attention has been diverted away people in the military, back-to-back TION BY IRAQ from al Qaeda and away from the war tours in Iraq would not be necessary. It The SPEAKER pro tempore. Under a on terrorism. And we find ourselves in is important for everyone to under- previous order of the House, the gentle- Iraq in a war that has already cost stand that in the new force rotation woman from Texas (Ms. JACKSON-LEE) more than 500 American lives. The into Iraq, National Guardsmen and Re- is recognized for 5 minutes. lives of more than 500 American serv- servists will comprise about 40 percent Ms. JACKSON-LEE of Texas. Mr. icemen and -women have been lost. An- of the force there. Speaker, let me first of all associate other more than 2,500 American serv- We are using the National Guard and myself with the very thoughtful mes- icemen and -women have been seri- Reserve as never before, and we have to sage of the gentleman from Missouri ously wounded, all on the basis of pre- be careful not to put such strains on (Mr. SKELTON) in terms of his very tense. these citizen soldiers that they leave in plain-talking message about our mili- Therefore, we must conduct a com- droves or that recruiting suffers. tary. plete and thorough investigation as to I was in Missouri recently and met b 1945 what happened, and that investigation with one wife of a National Guardsman must commence immediately. now serving in Iraq. She told me when The gentleman from Missouri (Mr. SKELTON) and I had the pleasure of vis- f her husband returns from overseas he will be getting out of the National iting a number of them most recently WE NEED MORE MILITARY END Guard and as many as one-third of in Iraq and I think a strong debate on STRENGTH folks in her husband’s unit will be too. this question will be important. Many The SPEAKER pro tempore. Under a This may be anecdotal evidence of people believe that those of us who previous order of the House, the gen- what is going on in our Reserve compo- have a difference of opinion for or tleman from Missouri (Mr. SKELTON) is nents, but it is certainly cause for con- against the war or for or against the recognized for 5 minutes. cern. The increased demands being approach that the war took, do not Mr. SKELTON. Mr. Speaker, last placed upon our troops in uniform call have a total agreement on the neces- year I stood in this well and called on into question the ability of our forces sity of strengthening the young men my colleagues to support an increase in to meet its commitments in other and women who are in our Armed

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.037 H27PT1 H118 CONGRESSIONAL RECORD — HOUSE January 27, 2004 Forces. So I look forward to debating sional district and commit myself to ical weapons of mass destruction or bi- this very thoughtful presentation and continue to work with them. ological weapons of mass destruction, associate myself with his remarks and Mr. Speaker, I think it is important that Iraq does not have nuclear weap- the legislative initiatives; and I thank that we bring sunlight where sunlight ons, and any nuclear program was rudi- the gentleman from Missouri (Mr. is needed, and today and in the weeks mentary in nature, according to Dr. SKELTON) for his leadership. and months to come I am going to take Kay. He feels that these stockpiles do Let me say that I also associate my- my place on this floor and remind this not exist now and did not exist before self with the gentleman’s remarks as it Congress of its constitutional responsi- we went to war with Iraq in March of relates to the toughness, as it relates bility. And, in fact, I am going to take 2003. to the battle of our Reserve troops and off and challenge anyone, first, take off Now, this is a startling conclusion others who have offered their service any discussion of a partisan hat and from our Chief Weapons Inspector be- for a number of years and have been challenge anyone that wishes to make cause it is so different from what the called to duty; and many of them are this a partisan issue each step of the Bush administration told us in the fall not able to determine whether they way, because I believe that this is so of 2002 in the run-up to the congres- will be in for 6 months or for a year or devastating and so much a challenge to sional vote of whether or not to give 18 months or 2 years. the constitutional integrity of this Na- congressional authority to the Presi- We certainly have the protection of tion. dent to use military authority to deal their jobs, but in many instances we And, more importantly, in this Con- with what was described as the immi- are still having disagreements or hav- gress I believe that we must shed our- nent threat to peace, to regional peace ing to advocate for our reservists to selves and step away from anyone de- and world peace and to the United their various employers, some of whom claring this to be partisan or anyone States, the imminent threat of the use are concerned or unsteady about keep- suggesting it is partisan, because once of Iraqi weapons of mass destruction. ing the reservists’ jobs for them and, you begin the partisan debate, I know Mr. Speaker, I voted to give the therefore, certainly undermining the what happens: You immediately cease President that authority based upon the representations of the administra- family unit and the ability of that re- any sort of true effort for the Speaker tion because I wanted to disarm Sad- servist to provide income and support of this House to address the respon- dam Hussein of those weapons of mass for his or her family. sibilities of this Congress, and that is destruction. Now, we have finally cap- I happen to be a supporter of the leg- to thoroughly investigate Dr. David tured Saddam Hussein, and I am glad islation that would allow reservists to Kay’s report that we have heard over that we have; I am glad he is out of retire at 55, just as we allow the active the last few days and that of the Car- power. I believe both Iraq and America military to retire at 55. It seems un- negie Institute regarding weapons of are better off now that he is in cus- likely that we would lengthen the time mass destruction. tody. But, Mr. Speaker, we have not of service for reservists who are apt to Let me just say, Mr. Speaker, that I found those weapons of mass destruc- be called into battle at any moment. intend to call for full congressional tion; and we now have a report from We have lost lives of those who are re- hearings, public hearings, not just in Dr. Kay that those weapons of mass de- servists in Iraq. The numbers are the Permanent Select Committee on struction did not exist and they do not mounting, and they are on the front Intelligence, the Select Committee on exist today. line. Homeland Security, and the Com- Hussein had weapons of mass de- When I went to Iraq, there were mittee on the Judiciary, to ensure that struction in the 1980s. We know that many who were skilled in many other we review the questions that David because he used them in murderous aspects other than combat or police Kay has raised the lack of evidence and ways against his own citizens, the work; and lo and behold, they were intelligence for weapons of mass de- Kurds in northern Iraq, and he used being used for service that they were struction and the representation, as I them to murder tens of thousands of not trained for. So I associate myself close, Mr. Speaker, to the Congress and Iranian citizens. But the issue is not with those remarks and certainly sup- the American people by this adminis- what he had in the 1980s. The issue is port the gentleman from California tration that we must go to war on that whether he had such stockpiles in 2002 (Mr. FILNER) for his efforts in support basis. and 2003. We were told with complete of our veterans, because we have long Full congressional hearings, no inde- certainty by the President, by the Vice been overdue in the full support of our pendent commission, full congressional President, I was told with 20 other veterans who are willing to give their hearings. Members of the House in a briefing in full measure. And as they are able to f the White House on October 2, 2002, by come back to our communities, the SEARCH FOR THE TRUTH Condoleezza Rice and George Tenet very fact that they are willing to give that there was complete certainty that the ultimate sacrifice, we should make The SPEAKER pro tempore (Mr. Iraq possessed these weapons of mass good on our promise, which is to con- NEUGEBAUER). Under a previous order destruction. And based upon those rep- tinue to provide them with benefits on of the House, the gentleman from resentations, I voted with many of my a continuous basis. Pennsylvania (Mr. HOEFFEL) is recog- colleagues to give the President that Let me also add my congratulations nized for 5 minutes. war authority. to the veterans hospital that is in my Mr. HOEFFEL. Mr. Speaker, last Now, it is now clear that there were district. We just added the Fischer week during the State of the Union ad- half-truths and deceptions from the ad- House. Congratulations to the Fischer dress President Bush spoke to us about ministration as well as mistakes from family and thank them for their sup- the Iraqi War and described how the the Intelligence Community. And I port and all the leaders in Texas that Kay report, the Dr. David Kay report, stand here tonight to call for an inde- helped bring about this new Fischer indicated dozens of instances of what pendent investigation, an independent House in one of the largest veterans the President called weapons of mass review, of both the work product of the hospitals in our State. And that is, of destruction-related program activities. Intelligence Community of the United course, a facility for the families who Now, I am not sure what a weapons of States and the work of the administra- have come for the long-term wounded mass destruction-related program action policymakers that stated with to be able to stay at a place of comfort tivity is, but I do know what it is not. such clarity that we faced an imminent without, if you will, providing an un- It is not a weapon of mass destruction, threat from Iraq’s weapons of mass de- necessary financial burden when they because we have not found weapons of struction. are already suffering from the ills of mass destruction in Iraq. And, in fact, Clearly the American people were their loved one, whether they are David Kay himself has said so. He has misled. Clearly the Congress was mis- wounded by way of their service in Iraq resigned his position as the United led. I was misled by the Bush adminis- or suffering with other conditions. States Chief Weapons Inspector in Iraq, tration and by the United States intel- So I am very grateful to our commu- working for the CIA. ligence agencies. nity leaders who helped bring the He has stated that in his opinion, The President and the Vice President Fischer House about in my congres- Iraq does not have stockpiles of chem- continue to want the American people

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.040 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H119 to believe that there was this threat In the short term, unemployment [From the Grand Rapids Press, Jan. 17, 2004] and is this threat of weapons of mass benefits are highly stimulative for our WHATEVER IT TAKES—CITY IS DOWN BUT NOT destruction. The President talked local economy. They prevent a OUT OVER ELECTROLUX about WMD-related program activities cratering of consumer demand, and we (By John Hogan, Matt VandeBunte and Julia last week without clarifying what they all know that the consumer is propping Bauer) were. The Vice President continues to up this weak U.S. economy. In the long The thermometer outside Greenville’s insist that Iraq has weapons of mass term, a countercyclical program for Chemical Bank registered a bone-rattling 2 destruction. These statements are con- public works jobs could help a lot. In- degrees at daybreak Friday, although morn- trary to the report of the Weapons In- vesting in our communities and put- ing commuters didn’t need a sign to tell spector, Dr. Kay. ting people to work so that our deficit them of the chill. Three miles away, pickups with cold, anx- I call for an independent investiga- starts to come down makes sense. ious Electrolux workers idled in snow-cov- tion and review so that we can get to Just replacing one city’s, Toledo’s, ered parking lots. Even though these third- the bottom and find out the truth. wastewater treatment system, the bill shift workers punched out at 7 a.m., they f for that $400 million. Indeed, that is waited 30 minutes to learn whether their jobs were heading 1,400 miles south, where it JOBS AND THE PRESIDENTIAL double the $250 million the President said he wants to spend nationwide on was a relatively balmy 51 degrees. Electrolux BUDGET worker Jerry Cannon was not one of them. new job training programs. Investment The longtime Greenville resident decided The SPEAKER pro tempore. Under a in public works can put people to work. previous order of the House, the gentle- he would rather sip coffee at Mike Frankly, we have people out of work Huckleberry’s restaurant a mile away. woman from Ohio (Ms. KAPTUR) is rec- now who already have the skills needed ‘‘It’s kind of hard to make yourself go to ognized for 5 minutes. to assume a job. work when you know what’s coming,’’ said Ms. KAPTUR. Mr. Speaker, tonight Cannon, a welder trying to raise four teen- while Americans are watching the New agers on $15.61 an hour. ‘‘I think Electroux Hampshire primary in anticipation of b 2000 knew Oct. 21 what they were going to do. I new leadership for our Nation, they are They just do not have the jobs. wish they would just have told us.’’ watching and waiting for the new budg- Indeed, Friday’s ‘‘official’’ 7:30 a.m. an- I just visited Sunoco Refining in my et proposals from President Bush. nouncement by Swedish-based Electroux district. They had advertised for 10 President Bush came to our Toledo that it will close Montcalm County’s largest people in that company; 2,400 people employer in 2005 was anticlimactic. community last week, the day after he applied. That is a staggering indicator Townspeople and employees saw the hand- delivered the State of the Union ad- of how many people are looking for writing on the wall—notably the corporate dress right here in this Chamber. work in just one place in America. statement one week before that a city/state He ran into a hornet’s nest. The com- incentive package fell far short of an $81 mil- munity college where he spoke had just A news article in the Grand Rapids, lion annual goal, the amount Electrolux said announced layoffs in the workforce Michigan, paper just north of where we it would save by moving. training field the President was there live announced the closure of Some Electrolux workers will return to to highlight. The unemployment in To- Electrolux, a household name in this school; others hope the improving economy ledo had just increased to 8.4 percent. country. They make vacuum cleaners; brings jobs. Their message? Don’t cry for 2,700 workers will be terminated. Their Greenville. Our part of the country has been hit This town of 8,000 thrived on timber well extremely hard by the jobless recovery. jobs are leaving for Mexico. before refrigerators came along, they say, We have more than 300,000 unemployed What kind of strange world is it when and it will thrive long after refrigerator pro- workers in the State of Ohio, and that, an American legend company like duction moves to South Carolina and Mex- of course, does not even count the Electrolux that made vacuums that are ico. workers who have given up looking. bought by our own citizens, but then Bold? Perhaps. Mike Huckleberry calls it a The family-owned tool and die shops those jobs move to Mexico and made homegrown confidence that Swedish execu- that dot the landscape of the Great tives, NAFTA and milquetoast politician’s there by workers who make a dollar an cannot derail. Lakes region are dying. I received an e- hour but cannot afford to buy the vacu- I’m confident, and my fellow businessmen mail last week from one of these small um cleaners because they are all are all confident Greenville will survive,’’ business owners telling me about the shipped back here to the United States, said Huckleberry, who opened his downtown devastation in the tool and die sector. what kind of sense does that make? restaurant 12 years ago. ‘‘I have something that most of you We have seen this system time and Once you work through feelings of be- should be concerned about in Congress. again. The people in Mexico who have trayal, or ‘‘pure corporate greed,’’ as some workers suggest, there’s confidence. It is ex- I just counted the auction brochures I the jobs that the people in Ohio used to have collected since February 1, 2002, pressed in American flags, warm greetings do do not make enough money to buy and handshakes in a town founded 160 years until January 22, 2004. Would you be- the very products they make. Ameri- ago when New Yorkers John and Deborah lieve 629 auctions?’’ And those are just cans lose their jobs to Mexico, and they Green opened a sawmill on the Flat River. the ones this businessman received. have to shop more at discount stores If you have any doubts, stand under the He says, ‘‘Our President thinks that such as Wal-Mart that are filled with Chemical Bank sign on the south side of M– everything is great and our economy is goods made by people who had the jobs 57 west of downtown, and note the stream of bouncing back and we will all be in the that the shoppers used to have. It is taillights heading to jobs in Grand Rapids. ‘‘We’re getting people willing to drive to bucks this year. I have received a re- really interesting. We are outsourcing port that estimates 50 percent of the Grand Rapids because it’s only 30 miles away that production. and they still get the benefits of small-town shops in the Detroit area will fold by So the question is, are we going to be living,’’ Huckleberry said. the end of 2004. So how do you get this a Nation of workers, builders and pro- Greenville Mayor Lloyd Walker agrees. message up to Washington? I guess we ducers, or are we going to be a Nation ‘‘Greenville is not going away,’’ he said. need to fire up the voters and clean of discount shoppers looking for that ‘‘We’re king of the trading center for a larger house this fall. Have a good day. area of up to 100,000 people.’’ last bargain while wondering how to Larry.’’ Although Electrolux rejected annual in- In his State of the Union address, survive without a decent wage and centives of $48 million—saying they were President Bush failed to mention ex- without health care coverage? That is nearly $33 million short—Walker is confident tending unemployment benefits. This really the choice of this year’s Presi- the same package can draw interest from other U.S. manufacturers. is a huge issue in our part of the coun- dential race. Mr. Speaker, I am surely glad this is ‘‘The incentive package will be in place,’’ try. People have paid for those benefits Walker said. an election year. It is time for Amer- and they do not understand why the NUMBER CRUNCHING Republicans would refuse to extend un- ica’s voters to really ring in a hopeful Until a week ago, the Electrolux Task employment benefits. They certainly and really productive new year for our country. Force thought it had gathered nearly $7 mil- do not understand why the Republicans lion in annual tax incentives and $30 million refuse to allow even a vote on extend- The article I referred to earlier I will in cost savings from a proposed new factory. ing unemployment benefits. include at this point in this RECORD. Union leaders proposed another $31.6 million

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.041 H27PT1 H120 CONGRESSIONAL RECORD — HOUSE January 27, 2004 in concessions, or about $13,000 for every True enough, agrees 39-year-old Shirlene nounced policy of January 7, 2003, the worker. Taylor, who stopped in with a friend Friday gentleman from New Jersey (Mr. The package from UAW Local 137 required for scrambled eggs and toast. PALLONE) is recognized for 60 minutes ‘‘The people you work with are like family, membership approval, which was far from as the designee of the minority leader. guaranteed. but the big corporations don’t care about Final tally: $68.6 million, just $12.4 million that,’’ said Taylor, who recently lost her job Mr. PALLONE. Mr. Speaker, this short. Or so they thought. at Attwood Corp. in Lowell, a former sub- evening I would like to talk about the But Electrolux whacked $20 million off the sidiary of Steelcase. ‘‘We’ll make it. Green- Republican Medicare prescription drug estimate for newplant savings, casting the ville is still a wonderful town.’’ bill that was signed into law by the total package into a $32 million hole. Filling President last year, which I consider a it would have cost more than $27,000 a year [From the Grand Rapids Press, Jan. 17, 2004] huge missed opportunity on behalf of per worker. ONE BIG JOB LIES AHEAD FOR LAST TWO the Congress because we really needed At $15 an hour, most workers earn just YEARS a meaningful prescription drug bill for over $31,000, plus about $12,000 in benefits. (By Julia Bauer) ‘‘Overall, our analysis of the proposed new seniors. That is not what we received. Electrolux workers will have plenty to do factory would save less money annually than What we received really is nothing in the months until their plant closes. more than an attempt to privatize was anticipated in the estimate,’’ Electrolux Assembly of basic refrigerator models is spokesman Tony Evans said. ‘‘Also, it would moving out of Greenville to make way for a Medicare and not provide a meaningful cost for more to construct and operate than new Electrolux brand that will look like a prescription drug plan for seniors. was anticipated.’’ built-in. I wanted to particularly highlight to- Huckleberry, 55, a Greenville Chamber of ‘‘Our South Carolina factory specializes in night the fact that on the Republican Commerce board member, says he believes top-freezer refrigerators,’’ Electrolux spokes- side of the aisle there now are a series all the work that went into the incentive man Tony Evans said. Both Greenville and of events that have occurred with re- package still can bear fruit. Other manufac- the Anderson, S.C., plant can produce the turers have already made queries about fu- gard to members of the administration, models with the freezer on top, which can Members of this House of Representa- ture uses for the plant covering three city run up to 18 cubic feet. blocks on the west side of North Irving ‘‘We’ve had that ability to build certain of tives, who have, in my opinion, taken Street. those models in any location,’’ he said. advantage of the situation and of their There is still caution, certainly. Once that production moves out, Green- position relative to either negotiating In addition to the 2,700 workers who lose ville employees who are all facing layoff or passing this prescription drug meas- their jobs, more than 800 others work for next year will start preparing for the new ure that highlight again the fact that area companies that send refrigerator parts line, at least for a few months. The plant is to Electrolux. Among the largest is Clarion special interests and the pharma- scheduled to close in 2005. ceutical companies and the HMOs and Technologies, which makes vegetable ‘‘We are about to go into manufacturing of crispers. a new product, a counter-deep refrigerator,’’ the insurance companies were basically ‘‘It’s not just suppliers, it’s 2,700 people Evans said. ‘‘The cabinet is roughly 24 inches out to pass a prescription drug bill that who aren’t coming in to have coffee,’’ retiree deep, so it matches your typical would not provide meaningful cov- Donovan Harms said over a cup at countertop.’’ erage; that would not lower costs; and Middlebroook’s Bakery and Coffee Shop in Greenville workers will cover the startup, that essentially creates a hoax on the downtown Greenville. ‘‘It’s going to put a but eventually the refrigerators will bear a American people that we are somehow real bummer on this town. We’ll survive, but ‘‘Made in Mexico’’ label. doing something about the issue of pre- the town certainly won’t be the same as it is Electrolux plans to spend $150 million to now. open a plant in Mexico. scription drugs for seniors. Meanwhile, the pharmaceutical com- MOVING ON ‘‘Ultimately, those products would migrate to the new factory,’’ Evans said. The companies and, yes, even our own Members Area churches are mobilizing to offer coun- of Congress and even a member of the seling for Electrolux employees, and are pany is providing no specifics on the location planning a community worship service. for the Mexico plant, although officials in administration continue to benefit per- ‘‘We are going to do whatever it takes to the border town of Ciudad Juarez say they sonally from the fact that they were heal and move on,’’ said the Rev. Jerry have hosted company representatives in re- involved in these negotiations and now Jones, pastor at First Congregational cent weeks. have taken jobs or opportunities in the No new employees will be needed in South Church of Greenville. Apathy, not Carolina, Evans said. Most of the focus will private sector with those same pre- Electrolux, is the biggest enemy, he said. be on the move to Mexico and production of scription drug companies with whom The community must pull together ‘‘with a the ‘‘mass luxury’’ model. Electrolux has not they worked to negotiate what was es- message of hope.’’ sentially a bad bill. As if to convince himself things will be all estimated how many employees the Mexico right, Huckleberry embraced two cus- plant will need. The plants on the border Before I get into some of the specifics tomers—both Electrolux workers—as they with Texas employ Mexican factory workers in that regard, I just wanted to high- left his restaurant mid-morning Friday. who earn $1.57 an hour plus benefits. light again why I think this prescrip- Electrolux cites the high labor costs at the ‘‘We’ll make it. You guys will be OK,’’ he tion drug measure was a missed oppor- union plant in Greenville, where wages are said. $15 an hour, plus benefits. The plant has won tunity and does not really do anything Many of the workers, some 60 percent who awards for high productivity, and its division to help America’s seniors. The bill, live in Montcalm County, feel the same way. is making a profit. H.R. 1, in my opinion, simply weakens ‘‘We all built this place; my dad started But Electrolux is seeking higher revenues the Medicare program and falls short of here in 1966,’’ said 47-year-old John Baker, with lower labor expense. The last major up- who today marks his 26th year with meeting the prescription drug needs of grade at Greenville, a $100 million retooling Electrolux. seniors. for Frigidaire’s ‘‘Next Generation’’ line, was He married in November and a year ago H.R. 1, as we know, provides woefully plagued with delays and cost overruns that bought a home in Lakeview, about 25 miles inadequate prescription drug coverage added another $40 million to the final tab. away. due to a giant gap in coverage in which The startup required more employees and ‘‘It’s going to be hard for a guy like me to more overtime, and it resulted in missed de- seniors receive no assistance with costs find a job,’’ Baker said. ‘‘I’ve thought about liveries. between $2,250 and $5,100 annually. going back to school. Hopefully it’ll work At the last quarter conference in October, About half of all seniors will not have out.’’ analysts told Electrolux chief executive ‘‘I’ve been getting ready for this day,’’ said drug coverage for part of the year, even Hans Straberg they were concerned with the 43-year-old Gordy Heminger of Belding, who though they will continue to pay company’s ability to efficiently install an- plans to go into house construction. ‘‘A lot monthly premiums. other new line in Greenville, then move it to of the guys in the plant, even the older ones, I would like to explain what I mean Mexico. are going back to school. What else can they Electrolux, based in Stockholm, Sweden, is by that. The problem with the Repub- do?’’ scheduled to report its financial results for lican bill, unlike with what the Demo- Huckleberry is quick to point out the plant 2003 on Feb. 12. crats had proposed, is that the Repub- will be making refrigerators through 2005, f lican bill basically makes you pay so plenty of time for the city and its workforce much out of pocket for what you are to make necessary adjustments. MEDICARE PRESCRIPTION DRUG getting back in your benefit that it is ‘‘We’ve got an airport, an industrial park BILL and homes are being built all over,’’ he said. not even worth having; and since it is ‘‘This isn’t going to happen tomorrow. We’ve The SPEAKER pro tempore (Mr. a voluntary program, I would venture got two years to figure this out.’’ NEUGEBAUER). Under the Speaker’s an- to guess that when this bill finally goes

VerDate jul 14 2003 03:01 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.028 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H121 into effect in a couple of years, most are benefiting from the fact that they or are about to either join the pharma- seniors would simply not opt for it be- were in charge of negotiating this very ceutical companies and leave, in one cause they have to pay out more than bad bill. case, Congress; or in the other case, the it is worth essentially. I have a little I wanted to also point out that the Medicare administrator has already chart here that highlights what I Democrats had an alternative to the left the Bush administration to join a mean. Republican plan that would have actu- law firm that represents the drug com- For example, if a senior in the course ally accomplished the goal of providing panies; and I just want to talk about of a year were to run up a bill of about a good benefit, reducing the cost of pre- that a little bit tonight. $1,000 for their prescription drug needs, scription drugs. And would have been This is an article from today’s Wash- under the Republican bill, they would immediately available as opposed to ington Post that says that the chair- have to pay $857.50 for $1,000 worth of available in 2 years under the Repub- man of the Committee on Energy and coverage. If their annual drug costs lican proposal. Commerce on the House side, which is were $2,000, they would be paying about What the Democrats proposed to do my committee that I serve on, the $1,107 out of pocket. If their annual was to simply follow the lead of what committee that had jurisdiction over drug costs were $3,000, they would be we do now with part B. Most seniors the Medicare legislation, the gen- paying $1,920 out of pocket; and if their know that they pay a premium of tleman from Louisiana (Mr. TAUZIN), I annual drug costs were $5,000, they about $40, $50 a month under part B of am reading from The Washington Post would be paying $3,920 out of pocket. Medicare. That covers their doctors’ today, ‘‘is close to a decision to leave You might say to yourself who in the bills, and they have a $100 deductible. Congress to head the pharmaceutical world would want to take advantage of They have a 20 percent co-pay, but es- industry’s trade association after turn- a bill that forces you to pay so much sentially it starts with the first pre- ing down an offer from Hollywood to out of pocket to get a very meager scription. There is no donut hole. succeed Jack Valenti as the movie in- amount back in coverage by the Fed- There is no lack of coverage, and a cer- dustry’s top lobbyist, sources in Wash- eral Government? And that is really tain amount at a catastrophic level, ington and California said yesterday.’’ the point. the government pays all the costs. The second thing that is so impor- Also, under the Democratic proposal Tauzin telephoned Valenti and de- tant about this Republican prescrip- we have specifically instructed the clined the offer from the Motion Pic- tion drug measure, if you want to call Medicare administrator and the Sec- ture Association, but The Washington it that, is that it does nothing to re- retary of Health and Human Services Post goes on to say that he ‘‘is now duce the costs of prescription drugs. to negotiate price reductions to reduce considering an offer from the Pharma- When you talk to most seniors, they the costs of the prescription drugs. ceutical Research and Manufacturers will say that the biggest problem they Very simple. You keep your doctor. of America, PhRMA, the trade group face is the price of the actual cost of You do not have to go through the that represents trade giants such as the prescription drugs. What the bill HMO. Everybody’s eligible for this pre- Pfizer and Merck and Company.’’ does is it prohibits Medicare from scription drug plan, and you pay a pre- He chairs the House Committee on using the bargaining power of 40 mil- mium of about $25 a month. Energy and Commerce. ‘‘He was one of lion seniors to negotiate lower prices. This is not what we got. This is not the principal authors of the Medicare In other words, all of the sudden, if you what the President signed into law. prescription drug bill that included have a Medicare prescription drug pro- The bill that the President signed into several provisions expected to vastly gram, you have about 40 million sen- law essentially, the Republican bill, expand the market for prescription iors that the Medicare administration says you are not going to get the cov- drugs . . . in addition to adding hun- or the Secretary of Health and Human erage unless you go private, join an dreds of billions of dollars for drug ben- Services can go to the drug companies HMO or something like it. The cov- efits, the law bars the Federal Govern- and say, look, I represent 40 million erage is very limited. You have to pay ment from directly bargaining down seniors, I am not going to buy prescrip- a tremendous amount out of pocket, the price of drugs, a provision PhRMA tion drugs from you, pharmaceutical the way I described; and there is actu- pressed for.’’ company, unless you reduce the price; ally a prohibition on the reduction or So the bottom line is PhRMA, rep- and since I represent all these people, I the negotiating of prices to try to resenting the pharmaceutical compa- can buy a lot of drugs if you give me a bring the prices down. nies, comes in here, negotiates with good price. You might say to yourself, why did This is how you negotiate. We do this this happen? Why is it that the Repub- the committee to ban any kind of cost with the VA. We do this with the De- lican proposal and the one that was controls, any kind of negotiated prices. fense Department for our United States signed into law is so bad, and why did Now that the Republican chairman of military. But under the Republican it not just follow what we had done the committee, a nice gentleman but Medicare prescription drug bill, the traditionally with Medicare with part nonetheless the Republican chairman Federal Government, the Secretary of B, for example, with your doctor bills, of the committee, is likely, according Health and Human Services, the Medi- the way the Democrats had proposed? to this, to take a job at PhRMA, the care administrator was specifically for- The answer, in my opinion, is very sim- pharmaceutical trade company’s top bidden from doing that kind of price ple, and that is because this bill was representative, the head of it. negotiation to reduce prices. I mean, written by the pharmaceutical compa- At some point, you have to say to this is an outrage, but this is the re- nies and by the insurance companies. yourself, Mr. Speaker, where does it ality. The insurance companies wanted to end? Where does the special interests, The other thing is that the Repub- make sure that you had to go private in this case of the drug companies, I lican bill pushes seniors into private with an HMO or something like it in could probably use the same example plans through either an HMO or a PPO. order to get the benefit, and the phar- with the HMOs and the insurance com- In other words, if they want to get the maceutical companies wanted to make panies, where does their ability to in- prescription drugs, they are probably sure that there were no cost controls fluence legislation in what I consider a going have to join an HMO in order to whatsoever in this benefit so that they bad way because it in this case means get any kind of benefit whatsoever, would not lose money essentially from there was no effort to negotiate prices which means that they lose their having to lower the cost of their pre- and lower prices for seniors, where does choice of doctors. There are so many scription drugs. their ability to influence what goes on problems with the bill I do not want to This is what I would like to get into here and when we have this revolving get into all of the problems tonight be- tonight, and I do not like to cast asper- door, where they come in here and get cause I want to kind of highlight how sions, but I do not think we have any the committee and the Congress to ban this relates to some of the people that choice. The irony of it is two of the key any kind of negotiated prices, and then were negotiating the bill and some of people or at least two of the key people the person who is the chairman of the the people here in Congress, as well as that were involved in negotiating and committee decides maybe that he will within the Bush administration, that working on this legislation have now go on to represent this trade group?

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.044 H27PT1 H122 CONGRESSIONAL RECORD — HOUSE January 27, 2004 I want to use another example be- gotiating to put in a provision that pened to Representative NICK SMITH on cause I mentioned the Medicare admin- would ban the ability to negotiate the long night of the House Medicare istrator. The person who was the Medi- price reductions. vote last month that seems beyond dis- care administrator within the Depart- He had a waiver so that he was al- pute. With his party lacking the votes ment of Health and Human Services at lowed to do it. That was given by the to muscle the prescription drug bill the time when this prescription drug same administration, the Bush admin- through, Mr. SMITH was subjected to bill was being debated and negotiated istration, ultimately the White House intense and quite possibly criminal here in Congress, again under the Bush as well, so that he could go about try- pressure to induce him to abandon his administration, a Republican by the ing to look for a job with those same opposition to the Medicare bill. As Mr. name of Tom Scully, last month took a law firms or companies that were try- SMITH related it the next day, Members job with a law firm in an investment ing to get him to bargain for some pro- and groups offered financial and polit- company that represents these phar- visions in the bill that were to their ical support for his son Brad, who is maceutical companies. So here we have liking. running for his father’s seat, if only he again the top person in the Bush ad- I mean, where are we going with this would vote for the bill. The first offer ministration who is negotiating this whole issue of special interests and the was to give him $100,000-plus for his bill, a bad bill, one that is not helping ability of special interests to influence campaign and endorsements by na- the senior citizens, after the bill is not only the White House and the tional GOP leadership, Mr. SMITH passed, leaves the Bush administration, Medicare Administrator who is work- elaborated a few days later. When he the Medicare administrator position, ing under the President, but also the refused, he said he was threatened and goes to work for a law firm that es- Republican chairman of the committee that, ‘‘Well, if you do not change your sentially represents these same phar- that also has jurisdiction over this vote, then some of us are going to work maceutical companies. Medicare prescription drug bill? I do to make sure your son does not get not know where it ends. into Congress.’’ b 2015 I just want to give one more example, Again, it goes on to talk about how Now, it was interesting because there which I know has already been men- the House Speaker was among those was an article, again in The Wash- tioned by others, but many of us re- importuning the gentleman from ington Post, about a week ago, Janu- member the night here on the floor of Michigan (Mr. SMITH) in the final hours ary 14, that says, ‘‘Now the White the House of Representatives when we of the Medicare vote. And, of course, House has ordered Federal agencies to were voting on this Medicare prescrip- The Washington Post goes on to say stop issuing ethics waivers that allow tion drug bill; and when the vote first that ‘‘The Justice Department should key officials to negotiate jobs while took place and the 15 or 17 minutes fully investigate the matter. If Justice they are shaping policies important to were up, when we are supposed to vote declines to proceed, the ethics com- potential private employers.’’ So this and put our cards in the machines and mittee must step up to the plate.’’ was a memo that was issued by the post our names and how we voted up on To my knowledge, neither of those White House Chief of Staff about a the wall here, the bill had actually things has happened. But, again, I just week ago saying that ‘‘Effective imme- lost. There was a majority against the want to highlight this because that diately only the White House can ap- bill. An absolute majority was against prescription drug bill was so important prove such waivers.’’ the bill, so that the bill should have to seniors and it was such a missed op- The problem here is that Federal law been defeated. portunity to do something that would bars Presidential appointees, such as But what the Republican leadership have actually been helpful to seniors as Tom Scully, who is the Medicare Ad- in the House here did, the Speaker, the opposed to doing something that only ministrator, from discussing possible majority leader, they spent the next 3 helps the insurance companies or the employment with firms involved in or or 4 hours, I do not know how long it pharmaceutical companies. And you hoping to be involved in matters han- was, but it was at least 3 hours, twist- just get a little flavor of what goes on dled by those officials. So Scully was ing arms and trying to use whatever here and what contributed to the fact negotiating the Medicare prescription means they could to convince Repub- that this bad bill passed: arm-twisting drug bill in a way that helped the phar- lican Members to change their votes. to get Members to change their votes maceutical companies and did a dis- And they actually were able to get with threats of giving money or with- service to the senior citizens of this enough to change their votes so that holding donations from candidates, and country by not allowing any kind of they switched the majority from de- members of the administration in negotiated price reductions. feating the bill to passing the bill sev- charge of the Medicare program being There actually is Federal law that eral hours after the machines were sup- offered jobs to work for the very com- says that he cannot, while he holds posed to close. panies that were pharmaceutical com- that Medicare Administrator position, I mean, there are all kinds of exam- panies and their representatives that he cannot look for another job with a ples of the kinds of arm-twisting that were benefiting from the legislation; company or a law firm that is involved was taking place and the kind of spe- and now the possibility, and we will in those negotiations. But he can get a cial interests that were being used. The find out, I guess, in a few days, of the waiver, which was granted by the Sec- Secretary of Health and Human Serv- Republican chairman of the committee retary of Health and Human Services, a ices was here on the floor twisting that had jurisdiction actually going to waiver to seek that job and talk to arms. I saw him personally. But I want become the chief representative of those companies to get a job at the to give the most egregious example, PhRMA, the trade group for these very same time that he is negotiating this which has been mentioned before. In same pharmaceutical interests. It is a Medicare prescription bill. fact, in an effort to show how much the very sad day, and the consequences to The waiver was granted. And now Republican leadership is willing to go America’s seniors are very bad. they are saying, well, maybe it should to do the bidding of the special inter- Just in case anybody has any doubt not have been granted by the Secretary ests, in this case the pharmaceutical about why this bill is not good and of Health and Human Services. In the industry and the insurers, this is an what it means to the industry and future, we will only let the White editorial from The Washington Post on what goes on around here, I just want- House, I guess the President himself, December 30, during our congressional ed to make reference to an editorial grant those kind of waivers. recess. And I am not going to read the that was in The New York Times this Well, these waivers should not be al- whole thing, but I want to read part of Sunday. It says, ‘‘Patches For the Drug lowed at all. It is outrageous, in my it, because I think it is part of this Program.’’ And I am not going to read opinion, that the Medicare Adminis- whole thing, and what I need to do to it all, Mr. Speaker, but I want to read trator, who is negotiating and trying expose what is going on around here. some relevant parts because I think it to come up with a prescription drug It says, ‘‘Mr. Smith Leaves Wash- sums up the problem that we face. bill, is allowed to go out and seek a job ington,’’ talking about the gentleman The New York Times says in the at the same time with those same law from Michigan (Mr. SMITH), a Repub- Sunday editorial, ‘‘In the weeks since firms or companies that he is now ne- lican. It says, ‘‘Something ugly hap- the Medicare prescription drug bill was

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.045 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H123 signed into law, the changes that need chance to work. The AARP has now they simply cannot afford to pay these to be made in this vital legislation suggested that Congress should allow steep prices for these prescription have become increasingly apparent. It the government to negotiate drug drugs. is not likely that Congress will act in prices if private efforts fail to produce This article says that ‘‘A second a political year, but Democrats who big discounts.’’ ’blitz’ inspection by Federal drug and criticize the bill should lay markers Well, I do not have to go on. The New Customs officials of medicines im- down now on what has to change, and York Times is just confirming what I ported from Canada has found that those amendments should be brought have said all along. This was nothing nearly all of almost 2,000 packages up as soon as possible, either before or but a bone thrown to the pharma- opened contained foreign versions of after the election.’’ ceutical industry that did not want any American pharmaceuticals that offi- They go on to say in The New York kind of effort to negotiate lower prices; cials said might not be safe.’’ And I use Times that ‘‘Anyone who followed the and now we see that the representa- that, ‘‘might not be safe.’’ They are not rancorous congressional debate knows tives, be they Members of the House, saying they are not safe, they are say- that the new program has a huge cov- Republican Members, or members of ing they might not be safe. Well, what erage gap, known as the doughnut hole, the administration who were directly is the basis for their saying they might that exposes many beneficiaries to involved in these negotiations to make not be safe? Nothing. There is abso- $3,600 in out-of-pocket costs before cat- sure that there was this ban on any ef- lutely nothing in the article and noth- astrophic coverage kicks in. That fort to lower prices, are now joining ing that they did to show that in fact makes no sense from an insurance per- those same drug companies or the law these reimported drugs were not safe. spective, but was intended to keep the firms that represent them. In fact, in The New York Times arti- program’s costs from getting out of The special interests just reign su- cle, it says, ‘‘Asked if the pills re- control. Less well-known,’’ and I have preme here in the Republican-con- viewed in the latest survey that they not even mentioned this, Mr. Speaker, trolled Congress and in the White were inspecting were unsafe, Dr. ‘‘is the likelihood that the drug cov- House. And worst of all, and this is the McClellan,’’ who is the FDA Commis- erage will actually become worse with last thing I will mention on this sub- sioner and a Bush appointee, answered, each passing year. The premiums, ject, Mr. Speaker, I could not believe ‘‘We just don’t know because it’s so deductibles and out-of-pocket expendi- that on Saturday there was an article hard to tell.’’ Well, what kind of an- tures will all increase rapidly, tied to in The New York Times about how the swer is that, Mr. Speaker? increases in per capita drug expendi- Department of Health and Human tures under Medicare. By 2013,’’ about Services is now stepping up efforts b 2030 another 10 years, ‘‘for example, the against drug imports. Those of us who Americans are trying to get drugs re- out-of-pocket spending required before were here back in November when we imported from Canada, and there is a person qualifies for catastrophic cov- had this debate know full well that every reason to believe they are safe, erage will probably be $6,400 a year, there was an effort that was successful there is no reason to believe they are well above the $3,600 required in the on the part of mostly Democrats but not; and they are seizing all these first year. That could be devastating also some Republicans to put into the drugs. And when the commissioner is for those struggling to survive on So- Republican Medicare prescription drug asked if they are safe, he said we do cial Security benefits.’’ bill a provision that would have al- not know because it is so hard to tell. It is so sad. I mean, what The New lowed reimportation of drugs from Can- There is nothing in this article that in- York Times is saying is what I talked ada, if not from other countries, where dicates that they have found anything about earlier in terms of out-of-pocket the FDA has certified the production that indicates that these drugs are not expenditures; that they are only going and the factory where the drugs are safe. I think they are harassing those to get worse as time goes on. I do not being produced. We actually were suc- who are trying to do the reimporta- think most people will even sign up for cessful in getting language in the bill, tion. this when it goes into effect in 2 years believe it or not. I do not know how we Mr. Speaker, Governors and mayors because their out-of-pocket costs are so did it, but we managed on a bipartisan around the country, because they are bad compared to what they would actu- basis to get language in the bill that so concerned about the cost of prescrip- ally benefit. But what The New York would allow and legalize reimportation tion drugs for their own citizens, for Times is saying is that that differen- from Canada as a way of trying to re- their seniors, are trying to come up tial is going to get even worse as time duce the prices of drugs. with ways of providing a government goes on. We know that in Canada, unlike in program, either in the case of the may- The New York Times editorial from the United States, they negotiate price ors for their cities or Governors for Sunday goes on to talk about the drug reductions on behalf of not only seniors their States, to reimport these drugs pricing that I mentioned before. They but all their citizens, so the prices for from Canada at a low cost. I do not say, ‘‘Drug prices must also be con- the prescription drugs are significantly have to give all of the examples here, trolled. Unfortunately, the most glar- lower. But what this Bush administra- but I think one of the States that has ing fault in the bill is its failure to em- tion does is, after the law passes, they taken a lead on this is Illinois, which ploy the strongest weapon for reining say that they will refuse to certify that has talked about a major program to in drug costs. As the political price for drugs being reimported from Canada try to accomplish this goal. passing the bill, congressional Repub- are safe and, therefore, because they But what the Bush administration licans inserted language prohibiting will not certify that those drugs are says, and this is again from the New the Medicare program from using its safe, they now say that it is still illegal York Times, the Bush administration substantial market power to negotiate to reimport the drugs from Canada. is hoping to use a combination of ag- low prices from the drug companies. In- What the Bush administration is now gressive inspections and pointed polit- stead, the program will rely on private doing, what the FDA is now doing, is ical advice to persuade local and State insurance plans or pharmacy benefit basically trying to prevent the re- officials to back away from the border managers to negotiate. That was a mis- importation of the drugs. drug trade. This is Dr. McClellan that take. The ban on government interven- This is what was in The New York is being paraphrased. And the State of- tion reflects the Republicans aversion Times on Saturday, January 24. And, ficials who are trying to set up these to government price controls, but it is again, I just want to read some sec- programs are turning their heads be- also testimony to the lobbying clout of tions from it because it is unbelievable cause they do not know what to do. the drug industry, a major patron of to me how far they will go to protect They think it is ridiculous what the the Republican Party. Democratic the pharmaceutical industry at the ex- FDA is trying to do. This is not even a leaders have introduced bills to allow pense of the average senior in the partisan issue. Some of the Governors Medicare to negotiate directly, but United States who is trying to find trying to set up the programs and that that will be a tough sell in a Repub- some way, albeit even having to re- are objecting to what the Bush admin- lican Congress that opposes any import the drugs from Canada, to try istration is doing on the Canadian re- changes before the law has had a to reduce their drug prices, because importation issue are Republicans.

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.047 H27PT1 H124 CONGRESSIONAL RECORD — HOUSE January 27, 2004 There is one quote here from Gov- Prime Minister tomorrow to have him its own accession to the European ernor Tom Pawlenty, a Republican essentially exert some influence over Union. There is really very little time from Minnesota; and he says that the the Turkish Cypriot government in the for Turkey to play a role to settle the FDA will sue somebody or throw some- northern occupied part of Cyprus to Cyprus issue. I would hope with a little body in jail over this, the pharma- come to agreement and unify the is- pressure from President Bush tomor- ceutical companies choke off supply, or land under one government before Cy- row, the Turkish Prime Minister will the FDA comes to their senses. He is prus’ accession to the European Union. return to Ankara and stress to very concerned about what the admin- This weekend, before his trip to the Denktash like never before the impor- istration is trying to do to stop the United States, the Turkish Prime Min- tance that the Turkish Cypriot leader- supply of drugs going into Minnesota, ister said he would allow the United ship put aside unreasonable and unac- which he believes are safe. Nations to ‘‘fill in the blanks’’ of a set- ceptable demands and finally negotiate It goes on and on and talks about all tlement to the Cyprus issue. The Prime in good faith with the leadership of the of the things that the FDA is trying to Minister also urged U.N. Secretary Republic of Cyprus. do to cut the supply; that the drug Kofi Annan to appoint a new Cyprus Ultimately, the victims of these companies are sending fewer drugs to negotiator and said he would urge the shortsighted policies from Ankara and Canada and are trying to choke off the Turkish Cypriot leader to go along the Turkish Cypriot leadership are the supply. Everything is being done to try with settlement proposals. While these people of Turkey and the Turkish Cyp- to help the pharmaceutical companies words are encouraging from the Prime riot community, who will continue to not have to provide lower-cost drugs. Minister, one has to remember they be deprived of an opportunity to share The actions of my fellow Congressman were made right before his trip to the in the economic, social, and other ben- and the Bush administration officials United States. In the past, Turkish efits of European Union membership. in this regard are just outrageous. I leaders have made statements showing Again I would say that the state- think it is imperative to keep speaking the importance of a peace settlement; ments made by the Turkish Prime Min- out against what is going on, against but, unfortunately, these words have ister over the weekend and the Turkish those Republican officials within the not translated into action. military seem to indicate that they administration and in our case the In fact, just days before Prime Min- want the Turkish Cypriot government chairman of our committee who are ister Erdogan made this pledge, to move ahead with the settlement now taking jobs with these companies Denktash continued his intransigence, that could be accomplished possibly by after they negotiated this legislation, stating that the whole world is trying May 1. But we have heard this before. I this bad bill. Somehow the public has to take Cyprus away from the Turks. think the best course is if our Presi- to be made aware, Mr. Speaker, of all Denktash even joked in reference to dent Bush can really make it clear to these activities. I know that I am the Turkish Government when he said, the Turkish Prime Minister tomorrow going to be back again on another ‘‘Come, give Cyprus away to the Greek how important this is and how timely night talking about this and have some Cypriots and get over with it.’’ it is that some action be taken to of my colleagues on the Democratic Mr. Speaker, Denktash is not just achieve a unified Cyprus by May 1. I side of the aisle join with me. going to listen to Turkish leaders. But know that President Bush is interested Before I close, I just wanted to move Denktash’s comments show an uneasi- in accomplishing this, and I hope that to another topic which is totally unre- ness with the perception that Turkey he does put sufficient pressure on the lated to this, but it is timely. I would is finally willing to agree to a settle- Prime Minister of Turkey so we can see like to take 5 minutes to switch to this ment with the framework created by some progress. the U.N. Now would be the perfect time topic that relates to foreign policy, not f only to U.S. foreign policy, but also to for Turkey to exert pressure on activities at the U.N. Denktash and his government, and this LEAVE OF ABSENCE Tomorrow, President Bush is meet- is something that President Bush By unanimous consent, leave of ab- ing with the Prime Minister of Turkey, should strongly urge during his meet- sence was granted to: and I know there are a number of ing tomorrow. Mr. ALEXANDER (at the request of Ms. things that they are going to discuss; At a time when Turkey is interested PELOSI) for today and the balance of but I would like to discuss this evening in joining the European Union, its lack the week on account of official busi- what I would like our President to do, of cooperation in the efforts to solve ness. which is to basically have President the Cyprus problem can only result in Mr. FROST (at the request of Ms. Bush exert pressure on the Turkish a setback for Turkey’s candidacy. On PELOSI) for today on account of family Government to convince the Turkish May 1, Cyprus will join the European matters. Cypriot leader, Rauf Denktash, to re- Union. Last week, the European En- Mr. HASTINGS of Florida (at the return to the negotiating table on Cyprus largement Commissioner, Genter quest of Ms. PELOSI) for today on ac- and truly work for a peace settlement Verheugen, warned that the status quo count of weather-related travel prob- over the Cyprus issue. would damage everyone, whereas a so- lems. I was in Cyprus this summer. Some lution would be a clear win/win situa- Mr. HONDA (at the request of Ms. may know that Cyprus is about to join tion for Greece, Cyprus, Turkey, and PELOSI) for today and the balance of the European Union as of May 1 of this Europe as a whole. In an article in the the week on account of personal rea- year; but Cyprus is still a divided is- Financial Times, it was pointed out by sons. land. The Turkish Government invaded the European Enlargement Commis- Mr. MILLER of North Carolina (at the Cyprus in 1974. They occupy about a sioner that ‘‘the absence of a solution request of Ms. PELOSI) for today on ac- third of the northern part of the island; when we reach May 1 would deepen the count of personal reasons. and every effort that has been made island’s division.’’ He stressed that a Mr. ORTIZ (at the request of Ms. over the last few years, and it really settlement of the Cyprus problem does PELOSI) for today and the balance of came to the point where we thought not constitute an additional criterion the week on account of official busi- there was really a possibility last for Turkey’s bid to join the European ness. spring that there would be an agree- Union, but also questioned whether it Mr. REYES (at the request of Ms. ment between the Turkish Cypriot gov- would be likely that all 25 member PELOSI) for today and the balance of ernment and the Government of the states, including the Republic of Cy- the week on account of a death in the Republic of Cyprus to unify the island prus, will decide unanimously at the family. and have the Turkish troops leave be- end of this year to start accession ne- Ms. ROYBAL-ALLARD (at the request fore Cyprus joined the European Union. gotiations with Turkey as long as the of Ms. PELOSI) for today and the bal- So far that has not happened, but I still island remains divided. ance of the week on account of per- think there is an opportunity for that Again, I would stress being particu- sonal reasons. to happen. larly for Turkey, which wants to join Ms. SLAUGHTER (at the request of Ms. I would like to see if President Bush and hopes by the end of this year that PELOSI) for today on account of weath- can put some pressure on the Turkish there will be some movement towards er-related travel problems.

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.049 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H125 Ms. WATERS (at the request of Ms. final rule—Export Sales Reporting Require- Benefits—received January 8, 2004, pursuant PELOSI) for today and the balance of ments—received January 14, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the week on account of weather-related to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and the Workforce. Agriculture. 6377. A letter from the Director, Corporate travel problems. 6367. A letter from the Administrator, Policy and Research Dept., Pension Benefit Mrs. BONO (at the request of Mr. Rural Housing Service, Department of Agri- Guaranty Corporation, transmitting the Cor- DELAY) for today and the balance of culture, transmitting the Department’s final poration’s final rule—Disclosure to Partici- the week on account of personal family rule—Fire and Rescue and Other Community pants; Beneifts Payable in Terminated Sin- matters. Facilities Projects (RIN: 0575-AC53) received gle-employer Plans—received January 8, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mrs. MILLER of Michigan (at the re- December 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Committee on Education and the Workforce. quest of Mr. DELAY) for today and the 6378. A letter from the Director, Corporate balance of the week on account of offi- culture. 6368. A letter from the Congressional Re- Policy and Research Dept., Pension Benefit cial business. view Coordinator, APHIS, Department of Ag- Guaranty Corporation, transmitting the Cor- Mr. ROYCE (at the request of Mr. riculture, transmitting the Department’s poration’s final rule—Allocation of Assets in DELAY) for today and the balance of final rule—Importation of Artificially Single-Employer Plans; Valuation of Bene- the week on account of a death in the Dwarfed Plants in Growing Media from the fits and Assets; Expected Retirement Age— People’s Republic of China [Docket No. 98- received January 8, 2004, pursuant to 5 U.S.C. family. 801(a)(1)(A); to the Committee on Education 103-5] received January 20, 2004, pursuant to Mr. WAMP (at the request of Mr. and the Workforce. 5 U.S.C. 801(a)(1)(A); to the Committee on DELAY) for today on account of his 6379. A letter from the Assistant General Agriculture. Counsel for Regulatory Law, Department of flight being canceled due to inclement 6369. A letter from the Congressional Re- weather on the east coast. Energy, transmitting the Department’s final view Coordinator, APHIS, Department of Ag- rule—Governmentwide Debarment and Sus- f riculture, transmitting the Department’s pension (Nonprocurement) and Government- final rule—Importation of Eucalyptus Logs, wide Requirements for Drug-Free Workplace SPECIAL ORDERS GRANTED Lumber, and Wood Chips From South Amer- (Grants) (RIN: 1991-AB56) received December By unanimous consent, permission to ica [Docket No. 02-097-2] received January 20, 10, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the address the House, following the legis- the Committee on Energy and Commerce. Committee on Agriculture. 6380. A letter from the Director, Regula- lative program and any special orders 6370. A letter from the Assistant Director, tions Policy and Management Staff, FDA, heretofore entered, was granted to: Legislative and Regulatory Activities Divi- Department of Health and Human Services, (The following Members (at the re- sion, Comptroller of the Currency, Depart- transmitting the Department’s final rule— quest of Ms. JACKSON-LEE of Texas) to ment of the Treasury, transmitting the De- Food Additives Permitted for Direct Addi- revise and extend their remarks and in- partment’s final rule—Rules, Policies, and tion to Food for Human Consumption; clude extraneous material:) Procedures for Corporate Activities; Bank Acesulfame Potassium [Docket No. 2002F- Activities and Operations; Real Estate Lend- 0220] received January 14, 2004, pursuant to 5 Mr. EMANUEL, for 5 minutes, today. ing and Appraisals [Docket No. 03-24] (RIN: U.S.C. 801(a)(1)(A); to the Committee on En- Mr. DEFAZIO, for 5 minutes, today. 1557-AB97) received January 8, 2004, pursuant ergy and Commerce. Mr. BROWN of Ohio, for 5 minutes, to 5 U.S.C. 801(a)(1)(A); to the Committee on 6381. A letter from the Regulations Coordi- today. Financial Services. nator, Department of Health and Human Mr. FILNER, for 5 minutes, today. 6371. A letter from the Assistant Director, Services, transmitting the Department’s Mr. FARR, for 5 minutes, today. Legislative and Regulatory Activities Divi- final rule—Scientific Peer Review of Re- search Grant Applications and Research and Mr. CONYERS, for 5 minutes, today. sion, Comptroller of the Currency, Depart- ment of the Treasury, transmitting the De- Development Contract Projects (RIN: 0925- Mr. HINCHEY, for 5 minutes, today. partment’s final rule—Electronic Filings AA) received December 31, 2003, pursuant to Mr. SKELTON, for 5 minutes, today. [Docket No. 04-01] (RIN: 1557-AC13) received 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. JACKSON-LEE of Texas, for 5 min- January 20, 2004, pursuant to 5 U.S.C. Energy and Commerce. utes, today. 801(a)(1)(A); to the Committee on Financial 6382. A letter from the Director, Office of Mr. HOEFFEL, for 5 minutes, today. Services. Congressional Affairs, Nuclear Regulatory Commission, transmitting the Commission’s Ms. KAPTUR, for 5 minutes, today. 6372. A letter from the Deputy Secretary, final rule—List of Approved Spent Fuel Stor- (The following Members (at the re- Securities and Exchange Commission, transmitting the Commission’s final rule—Com- age Casks: NAC-UMS Revision (RIN: 3150- quest of Mr. BURGESS) to revise and ex- mission Guidance Regarding Management’s AH25) received January 20, 2004, pursuant to tend their remarks and include extra- Discussion and Analysis of Financial Condi- 5 U.S.C. 801(a)(1)(A); to the Committee on neous material:) tion and Results of Operations [Release Nos. Energy and Commerce. 6383. A letter from the Assistant Secretary Mr. NORWOOD, for 5 minutes, January 33-8350; 34-48960; FR-72] received December 22, for Export Administration, Department of 28. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce, transmitting The Department’s Committee on Financial Services. Mr. BURTON of Indiana, for 5 minutes, final rule—December 2002 Wassenaar Ar- 6373. A letter from the Deputy Secretary, today and January 28. rangement Plenary Agreement Implementa- Securities and Exchange Commission, trans- Mr. LEWIS of Kentucky, for 5 min- tion: Categories 1, 2, 3, 4, 5, 6, and 7 of the mitting the Commission’s final rule—Proc- utes, January 28. Commerce Control List, and Reporting Re- essing Requirements for Cancelled Security quirements [Docket No. 031017263-3263-01] Mr. SHUSTER, for 5 minutes, today. Certificates [Release No. 34-48931; File No. Mrs. BIGGERT, for 5 minutes, January (RIN: 0694-AC85) received December 18, 2003, S7-18-00] (RIN: 3235-AH94) received December pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 28. 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on International Relations. the Committee on Financial Services. f 6384. A letter from the Assistant Secretary 6374. A letter from the Assistant General for Export Administration, Department of ADJOURNMENT Counsel, Regulatory Services Division, De- Commerce, transmitting the Department’s partment of Education, transmitting the De- Mr. PALLONE. Mr. Speaker, I move final rule—Chemical Weapons Convention partment’s final rule—Title I—Improving the Regulations: Electronic Submission of Dec- that the House do now adjourn. Academic Achievement of the Disadvantaged larations and Reports through the Web-Data The motion was agreed to; accord- (RIN: 1810-AA95) received January 8, 2004, Entry System for Industry (Web-DESI) ingly (at 8 o’clock and 40 minutes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. 0312113311-3311-01] (RIN: 0694- p.m.), the House adjourned until to- mittee on Education and the Workforce. AC97) received January 16, 2004, pursuant to morrow, Wednesday, January 28, 2004, 6375. A letter from the Regulations Coordi- 5 U.S.C. 801(a)(1)(A); to the Committee on nator, Department of Health and Human at 10 a.m. International Relations. Services, transmitting the Department’s 6385. A letter from the Deputy Associate f final rule—Head Start Program (RIN: 0970- Administrator, Office of Acquisition Policy, AC16) received January 20, 2004, pursuant to GSA, National Aeronautics and Space Ad- EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); to the Committee on ministration, transmitting the Administra- ETC. Education and the Workforce. tion’s final rule—Federal Acquisition Cir- Under clause 8 of rule XII, executive 6376. A letter from the Director, Corporate cular 2001-18; Introduction—received January Policy and Research Dept., Pension Benefit communications were taken from the 8, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Guaranty Corporation, transmitting the Cor- the Committee on Government Reform. Speaker’s table and referred as follows: poration’s final rule—Benefits Payable in 6386. A letter from the Assistant Adminis- 6366. A letter from the Administrator, For- Terminated Single-Employer Plans; Alloca- trator, NMFS, National Oceanic and Atmos- eign Agricultural Service, Department of tion of Assets in Single-Employer Plans; In- pheric Administration, transmitting the Ad- Agriculture, transmitting the Department’s terest Assumptions for Valuing and Paying ministration’s final rule—Atlantic Highly

VerDate jul 14 2003 03:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JA7.051 H27PT1 H126 CONGRESSIONAL RECORD — HOUSE January 27, 2004 Migratory Species; Bluefin Tuna Season and transmitting the Department’s final rule — to the Committee on Transportation and In- Size Limit Adjustments [Docket No. Modification of Class E Airspace; Tipton, IA frastructure. 031028268-3321-02; I.D. 091603F] (RIN: 0648- [Docket No. FAA-2003-16501; Airspace Docket 6405. A letter from the Paralegal Spe- AR12) received January 14, 2004, pursuant to No. 03-ACE-85] received December 19, 2003, cialist, FAA, Department of Transportation, 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule — Resources. mittee on Transportation and Infrastruc- Modification of Class E Airspace; Sidney, 6387. A letter from the Administrator, ture. NE. [Docket No. FAA-2003-16409; Airspace Rural Business-Cooperative Service, Depart- 6397. A letter from the Paralegal Spe- Docket No. 03-ACE-78] received January 15, ment of Agriculture, transmitting the De- cialist, FAA, Department of Transportation, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment’s final rule — Debt Collection Im- transmitting the Department’s final rule — Committee on Transportation and Infra- provement Act — Treasury Offset and Cross Modification of Class E Airspace; Mount structure. Servicing (RIN: 0570-AA52) received January Pleasant, IA [Docket No. FAA-2003-16498; 6406. A letter from the Paralegal Spe- 4, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to Airspace Docket No. 03-ACE-82] received De- cialist, FAA, Department of Transportation, the Committee on the Judiciary. cember 19, 2003, pursuant to 5 U.S.C. transmitting the Department’s final rule — 6388. A letter from the Under Secretary and 801(a)(1)(A); to the Committee on Transpor- Modification of Class E Airspace; Director, USPTO, Department of Commerce, tation and Infrastructure. Plattsmouth, NE. [Docket No. FAA-2003- transmitting the Department’s final rule — 6398. A letter from the Paralegal Spe- 16408; Airspace Docket No. 03-ACE-76] re- Changes to Implement the 2002 Inter Partes cialist, FAA, Department of Transportation, ceived January 15, 2004, pursuant to 5 U.S.C. Reexamination and other Technical Amend- transmitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- ments to the Patent Statute [Docket No.: Establishment of Class E4 Airspace; and tation and Infrastructure. 2003-P-001] (RIN: 0651-AB57) received January Modification of Class E5 Airspace; Goodland, 6407. A letter from the Paralegal Spe- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to KS [Docket No. 2003-16079; Airspace Docket cialist, FAA, Department of Transportation, the Committee on the Judiciary. No. 03-ACE-71] received December 19, 2003, transmitting the Department’s final rule — 6389. A letter from the Director, Torts pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Modification of Class D Airspace; and Modi- Branch, Civil Division, Department of Jus- mittee on Transportation and Infrastruc- fication of Class E Airspace; Topeka, Philip tice, transmitting the Department’s final ture. Billard Municipal Airport, KS. [Docket No. rule — Certification and Decertification in 6399. A letter from the Paralegal Spe- FAA-2003-16407; Airspace Docket No. 03-ACE- Connection With Certain Suits Based Upon cialist, FAA, Department of Transportation, 75] received Janaury 15, 2004, pursuant to 5 Acts or Omissions of Federal Employees and transmitting the Department’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Other Persons [CIV 102F; AG Order No. 2697- Establishment of Class E Airspace; Transportation and Infrastructure. 2003] (RIN: 1105-AA62) received January 14, Buckhannon, WV [Docket No. FAA-2003- 6408. A letter from the Paralegal Spe- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 15229; Airspace Docket No. 03-ACE-05] re- cialist, FAA, Department of Transportation, transmitting the Department’s final rule — Committee on the Judiciary. ceived December 19, 2003, pursuant to 5 6390. A letter from the Trial Attorney, Fed- Modification of Class E Airspace; Johnson, U.S.C. 801(a)(1)(A); to the Committee on eral Railroad Administration, Department of KS. [Docket No. FAA-2003-16411; Airspace Transportation and Infrastructure. Transportation, transmitting the Depart- 6400. A letter from the Paralegal Spe- Docket No. 03-ACE-77] received January 15, ment’s final rule — Use of Locomotive Horns cialist, FAA, Department of Transportation, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the at Highway-Rail Grade Crossings [Docket transmitting the Department’s final rule — Committee on Transportation and Infra- No. FRA-1999-6439, Notice No. 8] (RIN: 2130- Airworthiness Directives; Cessna Aircraft structure. AA71) received December 19, 2003, pursuant 6409. A letter from the Paralegal Spe- Company Models 172R, 172S, 182S, 182T, to 5 U.S.C. 801(a)(1)(A); to the Committee on cialist, FAA, Department of Transportation, T182T, 206H, and T206H Airplanes [Docket Transportation and Infrastructure. transmitting the Department’s final rule — No. 2003-CE-28-AD; Amendment 39-13382; AD 6391. A letter from the Paralegal Spe- Establishment of Class D Airspace; Hilton cialist, FAA, Department of Transportation, 2003-24-13] (RIN: 2120-AA64) received Decem- Head Island, SC [Docket No. FAA-2003-16359; transmitting the Department’s final rule — ber 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Airspace Docket No. 03-ASO-18] received Standard Instrument Approach Procedures; to the Committee on Transportation and In- January 15, 2004, pursuant to 5 U.S.C. Miscellaneous Amendments [Docket No. frastructure. 801(a)(1)(A); to the Committee on Transpor- 6401. A letter from the Paralegal Spe- 30399; Amdt. No. 3085] received December 19, tation and Infrastructure. cialist, FAA, Department of Transportation, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 6410. A letter from the Paralegal Spe- Committee on Transportation and Infra- transmitting the Department’s final rule — cialist, FAA, Department of Transportation, structure. Airworthiness Directives; McDonnell Doug- transmitting the Department’s final rule — 6392. A letter from the Paralegal Spe- las Model DC-10-10, DC-10-10F, DC-10-15, DC- Amendment of Class E Airspace; Erie, PA cialist, FAA, Department of Transportation, 10-30, DC-10-30F, DC-10-30F (KC10A and KDC- [Docket No. FAA-2003-16119; Airspace Docket transmitting the Department’s final rule — 10), DC-10-40, DC-10-40F, MD-10-10F, MD-10- No. 03-AEA-13] received January 15, 2004, pur- Standard Instrument Approach Procedures; 30F, MD-11, and MD-11F Airplanes [Docket suant to 5 U.S.C. 801(a)(1)(A); to the Com- Miscellaneous Amendments [Docket No. No. 2001-NM-207-AD; Amendment 39-13379; AD mittee on Transportation and Infrastruc- 30398; Amdt. No. 3084] received December 19, 2003-24-10] (RIN: 2120-AA64) received Decem- ture. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the ber 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); 6411. A letter from the Paralegal Spe- Committee on Transportation and Infra- to the Committee on Transportation and In- cialist, FAA, Department of Transportation, structure. frastructure. transmitting the Department’s final rule — 6393. A letter from the Paralegal Spe- 6402. A letter from the Paralegal Spe- Amendment of Class E Airspace; Jamestown, cialist, FAA, Department of Transportation, cialist, FAA, Department of Transportation, NY [Docket No. FAA-2003-16120; Airspace transmitting the Department’s final rule — transmitting the Department’s final rule — Docket No. 03-AEA-12] received January 15, Modification of Class E Airspace; Waverly, Airworthiness Directives; McDonnell Doug- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the IA [Docket No. FAA-2003-16502; Airspace las Model MD-11 Airplanes [Docket No. 2003- Committee on Transportation and Infra- Docket No. 03-ACE-86] received Decemeber NM-68-AD; Amendment 39-13380; AD 2003-24- structure. 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to 11] (RIN: 2120-AA64) received December 19, 6412. A letter from the Paralegal Spe- the Committee on Transportation and Infra- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the cialist, FAA, Department of Transportation, structure. Committee on Transportation and Infra- transmitting the Department’s final rule — 6394. A letter from the Paralegal Spe- structure. Amendment of Class E Airspace; Honesdale, cialist, FAA, Department of Transportation, 6403. A letter from the Paralegal Spe- PA [Docket No. FAA-2003-16220; Airspace transmitting the Department’s final rule — cialist, FAA, Department of Transportation, Docket No. 03-AEA-15] received January 15, Modification of Class E Airspace; Oskaloosa, transmitting the Department’s final rule — 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the IA [Docket No. FAA-2003-16500; Airspace Airworthiness Directives; McDonnell Doug- Committee on Transportation and Infra- Docket No. 03-ACE-84] received Decemebr 19, las Model DC-9-81 (MD-81), DC-9-82 (MD-82), structure. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 6413. A letter from the Paralegal Spe- Committee on Transportation and Infra- Airplanes [Docket No. 2000-NM-150-AD; cialist, FAA, Department of Transportation, structure. Amendment 39-13383; AD 2003-24-14] (RIN: transmitting the Department’s final rule — 6395. A letter from the Paralegal Spe- 2120-AA64) received December 19, 2003, pursu- Establishment of Class E Airspace; Canby, cialist, FAA, Department of Transportation, ant to 5 U.S.C. 801(a)(1)(A); to the Committee MN [Docket No. FAA-2003-15877; Airspace transmitting the Department’s final rule — on Transportation and Infrastructure. Docket No. 03-AGL-15] received January 15, Modification of Class E Airspace; Osceola, IA 6404. A letter from the Paralegal Spe- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. FAA-2003-16499; Airspace Docket cialist, FAA, Department of Transportation, Committee on Transportation and Infra- No. 03-ACE-83] received December 19, 2003, transmitting the Department’s final rule — structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airworthiness Directives; McDonnell Doug- 6414. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- las Model MD-11 and -11F Airplanes [Docket cialist, FAA, Department of Transportation, ture. No. 2003-NM-70-AD; Amendment 39-13378; AD transmitting the Department’s final rule — 6396. A letter from the Paralegal Spe- 2003-24-09] (RIN: 1220-AA64) received Decem- Modification of Class E Airspace; Wil- cialist, FAA, Department of Transportation, ber 19, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); mington Clinton Field, OH [Docket No. FAA-

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JA7.000 H27PT1 January 27, 2004 CONGRESSIONAL RECORD — HOUSE H127 2003-15834; Airspace Docket No. 03-AGL-13] [CMS-1910-F] (RIN: 0938-AJ17) received De- ation of such provisions as fall within the ju- received January 15, 2004, pursuant to 5 cember 29, 2003, pursuant to 5 U.S.C. risdiction of the committee concerned. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); jointly to the Committees on By Mr. RAMSTAD (for himself, Mr. Transportation and Infrastructure. Energy and Commerce and Ways and Means. MOORE, Mr. MORAN of Kansas, and 6415. A letter from the Paralegal Spe- 6425. A letter from the Regulations Coordi- Mr. POMEROY): cialist, FAA, Department of Transportation, nator, Centers for Medicare and Medicaid H.R. 3731. A bill to require the Secretary of transmitting the Department’s final rule — Services, Department of Health and Human Defense to reimburse members of the Armed Modification of Class E Airspace; Chicago, IL Services, transmitting the Department’s Forces who participated in the Department [Docket No. FAA-2003-15465; Airspace Docket ‘‘Major’’ final rule — Medicare Program; of Defense Rest and Recuperation Leave pro- No. 03-AGL-11] received January 15, 2004, pur- Hospital Outpatient Prospective Payment gram for travel expenses incurred by or on suant to 5 U.S.C. 801(a)(1)(A); to the Com- System Payment Reform for Calendar Year behalf of such members before the program mittee on Transportation and Infrastruc- 2004 [CMS-1371-IFC] (RIN: 0938-AM96) re- was expanded to include domestic travel; to ture. ceived December 31, 2003, pursuant to 5 the Committee on Armed Services. 6416. A letter from the Paralegal Spe- U.S.C. 801(a)(1)(A); jointly to the Committees By Mr. REHBERG (for himself and Mr. cialist, FAA, Department of Transportation, on Energy and Commerce and Ways and PETERSON of Minnesota): transmitting the Department’s final rule — Means. H.R. 3732. A bill to amend the Agricultural Standard Instrument Approach Procedures; 6426. A letter from the Regulations Coordi- Marketing Act of 1946 to repeal the recently Miscellaneous Amendments [Docket No. nator, Centers for Medicare and Medicaid enacted two-year delay in the implementa- 30400; Amdt. No. 3086] received January 15, Services, Department of Health and Human tion of the country of origin labeling re- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services, transmitting the Department’s quirements of such Act for certain agricul- Committee on Transportation and Infra- ‘‘Major’’ final rule — Medicare Program; tural commodities; to the Committee on Ag- structure. Medicare Prescription DrugDiscount Card riculture. 6417. A letter from the Paralegal Spe- (RIN: 0938-AM71) received December 15, 2003, By Mr. RYUN of Kansas (for himself, cialist, FAA, Department of Transportation, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Mr. MORAN of Kansas, Mr. MOORE, transmitting the Department’s final rule — the Committees on Energy and Commerce and Mr. TIAHRT): Service Difficulty Reports [Docket No. FAA- and Ways and Means. H.R. 3733. A bill to designate the facility of 2000-7952] (RIN: 2120-AI13) received January the United States Postal Service located at 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to f 410 Huston Street in Altamont, Kansas, as the Committee on Transportation and Infra- REPORTS OF COMMITTEES ON the ‘‘Myron V. George Post Office’’; to the structure. PUBLIC BILLS AND RESOLUTIONS Committee on Government Reform. 6418. A letter from the Director, Regula- By Mrs. WILSON of New Mexico (for tions Management, Department of Veterans Under clause 2 of rule XIII, reports of herself, Mr. UDALL of New Mexico, Affairs, transmitting the Department’s final committees were delivered to the Clerk Mr. PEARCE, Mr. SULLIVAN, Mr. rule — Reasonable Charges for Medical Care for printing and reference to the proper BRADY of Texas, Ms. HART, Mr. or Services; 2003 Methodology Changes (RIN: calendar, as follows: TIBERI, Mr. ISSA, Mrs. CAPITO, Mr. 2900-AL06) received December 15, 2003, pursu- HERGER, Mr. DOOLITTLE, Mr. WICKER, Mr. LINCOLN DIAZ-BALART of Florida: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. FATTAH, Mr. NUNES, Mr. EHLERS, Committee on Rules. House Resolution 502. on Veterans’ Affairs. Mr. NEY, Mr. HEFLEY, Mr. UPTON, Mr. Resolution providing for consideration of the 6419. A letter from the Chief Counsel, Bu- HOEKSTRA, Mr. FRANKS of Arizona, bill (S. 610) to amend the provisions of title reau of the Public Debt, Department of the Mr. SHAYS, Mr. LEWIS of California, 5, United States Code, to provide for work- Treasury, transmitting the Department’s Mr. TOM DAVIS of Virginia, Ms. force flexibilities and certain Federal per- final rule — Regulations Governing New PRYCE of Ohio, Mr. SAM JOHNSON of sonnel provisions relating to the National Treasury Direct System — received January Texas, Mr. SHAW, Mrs. BIGGERT, Mr. Aeronautics and Space Administration, and 14, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to HAYES, Mr. BLUNT, Mr. TAUZIN, Mr. for other purposes (Rept. 108–406). Referred the Committee on Ways and Means. CUNNINGHAM, Ms. KAPTUR, Mrs. JOHN- to the House Calendar. 6420. A letter from the Acting Chief, Publi- SON of Connecticut, Mr. MANZULLO, Mr. SESSIONS: Committee on Rules. cations and Regulations Branch, Internal Mr. SIMPSON, Mr. ROGERS of Michi- House Resolution 503. Resolution providing Revenue Service, transmitting the Service’s gan, Mr. REHBERG, Mr. MILLER of for consideration of the bill (S. 1920) to ex- final rule — Request for Comments Con- Florida, Mr. BOOZMAN, Mr. WILSON of tend for 6 months the period for which chap- cerning the Application of Section 162 and South Carolina, Mr. PLATTS, Mr. ter 12 of title 11 of the United States Code is 263 to Tangible Property [Notice 2004-6] re- AKIN, Mr. BONILLA, Mr. RYAN of Wis- reenacted (Rept. 108–407). Referred to the ceived January 5, 2004, pursuant to 5 U.S.C. consin, Mr. THORNBERRY, Mr. House Calendar. 801(a)(1)(A); to the Committee on Ways and HASTINGS of Washington, Mr. Means. f NEUGEBAUER, Mrs. MUSGRAVE, Mr. 6421. A letter from the Acting Chief, Publi- PUBLIC BILLS AND RESOLUTIONS SHIMKUS, Mr. BURR, Mr. WALDEN of cations and Regulations Branch, Internal Oregon, Mr. KLINE, Ms. HARRIS, Mr. Revenue Service, transmitting the Service’s Under clause 2 of rule XII, public CARTER, Ms. ROS-LEHTINEN, Mr. final rule — Section 165 Worthless Stock De- bills and resolutions were introduced BUYER, Mr. GOSS, Mr. KIRK, Mr. COL- duction of a Subsidiary (Rev. Rul. 2003-125) and severally referred, as follows: LINS, Mr. KINGSTON, Mr. WHITFIELD, received December 12, 2003, pursuant to 5 Mr. SPRATT, Mr. SKELTON, Mr. FRANK By Mr. FILNER: U.S.C. 801(a)(1)(A); to the Committee on of Massachusetts, Ms. HARMAN, Ms. H.R. 3729. A bill to amend title 46, United Ways and Means. LOFGREN, Mr. REGULA, Mr. GRAVES, 6422. A letter from the Chief, Publications States Code, to provide a monthly monetary Mr. THOMAS, Mr. MCKEON, Mr. RENZI, and Regulations Branch (Legal Processing benefit to certain individuals who served in and Mr. HAYWORTH): the United States merchant marine (includ- Division), Internal Revenue Service, trans- H.R. 3734. A bill to designate the Federal ing the Army Transport Service and the mitting the Service’s final rule — Arbitrage building located at Fifth and Richardson Naval Transport Service) during World War restrictions applicable to tax-exempt bonds Avenues in Roswell, New Mexico, as the ‘‘Joe II; to the Committee on Veterans’ Affairs, issued by state and local governments [TD Skeen Federal Building‘‘; to the Committee and in addition to the Committee on Ways 9097] (RIN: 1545-AX22) received December 12, on Transportation and Infrastructure. and Means, for a period to be subsequently 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mrs. MYRICK: Committee on Ways and Means. determined by the Speaker, in each case for H. Con. Res. 350. Concurrent resolution 6423. A letter from the Regulations Officer, consideration of such provisions as fall with- supporting the goals and ideals of National Social Security Administration, transmit- in the jurisdiction of the committee con- Transparency Day, which promotes the fi- ting the Administration’s final rule — Filing cerned. nancial transparency of charitable organiza- of Applications and Related Forms (Regula- By Mr. FILNER: tions; to the Committee on Ways and Means. tions No. 4 and 22) (RIN: 0960-AF52) received H.R. 3730. A bill to amend title 10, United January 14, 2004, pursuant to 5 U.S.C. States Code, to provide for immediate imple- f 801(a)(1)(A); to the Committee on Ways and mentation of full concurrent receipt for re- PRIVATE BILLS AND Means. tired members of the Armed Forces who have RESOLUTIONS 6424. A letter from the Regulations Coordi- a service-connected disability of both mili- nator, Centers for Medicare and Medicaid tary retired pay paid by reason of their years Under clause 3 of rule XII, Services, Department of Health and Human of military service and disability compensa- Mr. RANGEL introduced a bill (H.R. 3735) Services, transmitting the Department’s tion from the Department of Veterans Af- for the relief of Kadiatou Diallo, Laouratou final rule — Medicare Programs; Rural fairs paid by reason of their disability; to the Diallo, Ibrahima Diallo, Abdoul Diallo, Health Clinics: Amendments to Participa- Committee on Armed Services, and in addi- Mamadou Bobo Diallo, Mamadou Pathe tion Requirements and Payment Provisions; tion to the Committee on Veterans’ Affairs, Diallo, Fatoumata Traore Diallo, Sankarela and Establishment of a Quality Assessment for a period to be subsequently determined Diallo, and Marliatou Bah; which was re- and Performance Improvement Program by the Speaker, in each case for consider- ferred to the Committee on the Judiciary.

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\L27JA7.000 H27PT1 H128 CONGRESSIONAL RECORD — HOUSE January 27, 2004 ADDITIONAL SPONSORS BALART of Florida, Mr. REYNOLDS, Mr. LIN- Mr. NETHERCUTT, Mrs. CHRISTENSEN, Mr. COLN DIAZ-BALART of Florida, Mr. HOEKSTRA, QUINN, Mr. FRANK of Massachusetts, Mr. Under clause 7 of rule XII, sponsors Mr. CUMMINGS, Mr. JOHNSON of Illinois, Mr. ROTHMAN, Mr. JACKSON of Illinois, Mr. were added to public bills and resolu- LAMPSON, Mr. TERRY, and Mrs. NAPOLITANO. BALLANCE, Mr. MATHESON, Ms. MCCOLLUM, tions as follows: H.R. 3104: Mr. SHAYS and Mr. ALLEN. Mr. HULSHOF, Mr. MEEHAN, Mr. HOLDEN, Mr. H.R. 12: Mr. VITTER. H.R. 3120: Mr. KILDEE. WU, Mr. TAYLOR of Mississippi, Mr. HINCHEY, H.R. 63: Mr. GIBBONS. H.R. 3180: Mr. MCDERMOTT. Mr. GEORGE MILLER of California, Mr. LIN- H.R. 120: Mr. VITTER. H.R. 3191: Mr. DEAL of Georgia and Mr. DER, Mr. KILDEE, Mr. SERRANO, Mrs. H.R. 198: Mr. VITTER. GALLEGLY. NAPOLITANO, and Mr. LANGEVIN. H.R. 282: Mr. VITTER. H.R. 3192: Mr. CUMMINGS, Mr. VAN HOLLEN, H.R. 3678: Mr. WALSH, Mr. MCINTYRE, and H.R. 380: Mr. LEWIS of California. Ms. DELAURO, Ms. JACKSON-LEE of Texas, Mr. Mr. PAUL. H.R. 584: Mr. VITTER. HOEFFEL, Mr. LANTOS, and Mr. SCHIFF. H.R. 3688: Mr. GOODE. H.R. 716: Mrs. NAPOLITANO. H.R. 3242: Mr. BILIRAKIS. H.R. 3690: Mr. HOUGHTON, Mr. WALSH, Mr. H.R. 738: Mr. MCGOVERN. H.R. 3243: Mr. RYUN of Kansas, Ms. QUINN, Ms. SLAUGHTER, Mr. ACKERMAN, Mr. H.R. 742: Mr. SCHROCK and Mr. VAN SCHAKOWSKY, Mr. SHAW, and Mr. RANGEL. BISHOP of New York, Mr. BOEHLERT, Mr. HOLLEN. H.R. 3271: Mr. KENNEDY of Rhode Island. CROWLEY, Mr. ENGEL, Mr. FOSSELLA, Mr. HIN- H.R. 785: Ms. MAJETTE, Mr. LAMPSON, Mr. H.R. 3275: Mr. INSLEE. CHEY, Mr. ISRAEL, Mrs. KELLY, Mr. KING of RYAN of Ohio, and Mr. ANDREWS. H.R. 3299: Mr. HALL, Mr. CUMMINGS, Ms. New York, Mrs. LOWEY, Mrs. MCCARTHY of H.R. 847: Mrs. MCCARTHY of New York. DELAURO, and Mr. FILNER. New York, Mr. MCHUGH, Mr. MCNULTY, Mrs. H.R. 857: Mr. NEY. H.R. 3307: Mr. SESSIONS. MALONEY, Mr. MEEKS of New York, Mr. NAD- H.R. 931: Mr. CULBERSON. H.R. 3311: Mr. KINGSTON. LER, Mr. OWENS, Mr. RANGEL, Mr. SERRANO, H.R. 1083: Mr. OLVER, Ms. SCHAKOWSKY, and H.R. 3324: Ms. LEE. Mr. SWEENEY, Mr. TOWNS, Ms. VELAZQUEZ, Mr. WEINER. H.R. 3337: Mr. MCDERMOTT. and Mr. WEINER. H.R. 1157: Mr. ROTHMAN. H.R. 3355: Mr. DAVIS of Tennessee and Mrs. H.R. 3695: Mr. ANDREWS. H.R. 1160: Mrs. WILSON of New Mexico. NAPOLITANO. H.R. 3696: Ms. MILLENDER-MCDONALD, Mr. H.R. 1321: Mr. LARSEN of Washington. H.R. 3360: Ms. LORETTA SANCHEZ of Cali- BISHOP of Georgia, and Mr. ETHERIDGE. H.R. 1385: Mr. CARDOZA, Mr. GONZALEZ, Mr. fornia. H.R. 3707: Mr. JONES of North Carolina. MCCOTTER, Mr. PORTER, and Mr. VITTER. H.R. 3361: Mr. GRIJALVA, Mr. ABERCROMBIE, H.R. 3708: Mr. WEXLER. H.R. 1430: Ms. LEE, Mrs. TAUSCHER, Mr. Mr. FILNER, Mr. BROWN of Ohio, Mr. PRICE of H.R. 3717: Mr. EHLERS, Mr. MATHESON, Mr. EVANS, Mr. EMANUEL, and Mr. WU. North Carolina, Ms. KAPTUR, Mr. SCHIFF, and JONES of North Carolina, Mr. EVERETT, Mr. H.R. 1434: Ms. LEE, Ms. KILPATRICK, Ms. Mr. SABO. ROGERS of Michigan, Mrs. NORTHUP, Mr. CORRINE BROWN of Florida, and Ms. WATERS. H.R. 3403: Mr. BISHOP of Georgia, Mr. NOR- OSBORNE, and Mr. LEWIS of Kentucky. H.R. 1634: Mr. LARSEN of Washington. WOOD, and Mr. COLLINS. H. Con. Res. 78: Ms. SOLIS. H. Con. Res. 111: Ms. MCCARTHY of Mis- H.R. 1653: Mr. SCHROCK and Mr. SANDERS. H.R. 3424: Mr. OWENS, Ms. LEE, Mr. souri. H.R. 1730: Mr. MORAN of Virginia. SERRANO, Mr. MORAN of Virginia, Ms. KAP- H.R. 1731: Ms. WATSON and Mrs. MCCARTHY H. Con. Res. 165: Ms. LORETTA SANCHEZ of TUR, and Mr. FILNER. California and Mr. RADANOVICH. of New York. H.R. 3425: Mr. DAVIS of Illinois. EEKS H. Con. Res. 178: Mr. BISHOP of Georgia. H.R. 1919: Mr. M of New York, Mr. H.R. 3440: Mr. MEEHAN. H. Con. Res. 218: Ms. GINNEY BROWN-WAITE FRANK of Massachusetts, and Mr. UDALL of H.R. 3450: Mrs. JONES of Ohio. of Florida. New Mexico. H.R. 3453: Mr. DAVIS of Tennessee, Mr. H. Con. Res. 247: Mr. STUPAK. H.R. 1924: Ms. WATERS. LAHOOD, Mr. LUCAS of Kentucky, Mr. REY- H.R. 1930: Mr. CUMMINGS and Mr. PAYNE. H. Con. Res. 267: Mr. KING of New York. NOLDS, and Mr. WAMP. H.R. 1998: Ms. LOFGREN, Mr. PRICE of North H. Con. Res. 276: Mr. WEXLER, Ms. KAPTUR, H.R. 3458: Mr. CUMMINGS, Mr. LAMPSON, Mr. Carolina, Mr. JOHN, Mr. LAMPSON, Mr. Ms. WOOLSEY, and Mr. OWENS. TOWNS, Mr. HOEFFEL, Mr. OWENS, Ms. LEE, H. Con. Res. 298: Mr. BEREUTER, Mr. WEINER, Ms. KAPTUR, and Mr. TURNER of Mr. FROST, and Mr. SERRANO. Ohio. CUNNINGHAM, and Mr. BEAUPREZ. H.R. 3473: Mr. ISAKSON, Mrs. MCCARTHY of H. Con. Res. 311: Mr. FROST. H.R. 2020: Mr. STENHOLM. New York, and Mr. PETERSON of Minnesota. H. Con. Res. 335: Mr. POMEROY. H.R. 2023: Mr. WALSH. H.R. 3474: Mr. GORDON, Ms. GINNY BROWN- H. Res. 60: Mr. TURNER of Texas, Mr. ABER- H.R. 2096: Mr. BASS, Mr. LARSEN of Wash- WAITE of Florida, Mr. ISAKSON, Mr. GON- CROMBIE, Mr. GRIJALVA, and Ms. LORETTA ington, and Mr. VITTER. ZALEZ, Mr. LARSEN of Washington, Mr. SANCHEZ of California. H.R. 2194: Mr. KIND. LAMPSON, Mr. WHITFIELD, Mr. SANDLIN, Mrs. H. Res. 103: Mr. DUNCAN H.R. 2233: Ms. LORETTA SANCHEZ of Cali- LOWEY, Mr. REYES, Mrs. MALONEY, Ms. JACK- H. Res. 133: Mr. COLE. fornia. SON-LEE of Texas, Mr. KELLER, Mr. OLVER, H. Res. 268: Mr. PAYNE and Mr. CASE. H.R. 2239: Mr. DELAHUNT. Mr. ROGERS of Alabama, Mr. PAYNE, Mr. H. Res. 302: Mrs. BLACKBURN. H.R. 2246: Ms. LOFGREN, Mr. ETHERIDGE, MATHESON, Mr. JOHN, Mr. DUNCAN, Mr. NOR- H. Res. 387: Mr. UDALL of Colorado and Mr. Mr. RAHALL, and Mrs. MCCARTHY of New WOOD, Mr. VITTER, Mr. WILSON of South CUMMINGS. York. H. Res. 402: Mr. SIMMONS. Carolina, and Ms. WATERS. H.R. 2247: Mr. FARR and Mrs. MCCARTHY of H. Res. 410: Mr. WEXLER. H.R. 3480: Mr. DOOLEY of California, Mr. New York. H. Res. 446: Mr. BACHUS, Mr. BURR, Mr. GREEN of Wisconsin, Ms. JACKSON-LEE of H.R. 2256: Ms. SCHAKOWSKY. CULBERSON, Mr. KENNEDY of Minnesota, Mr. Texas, Mrs. MCCARTHY of New York, Mr. H.R. 2260: Mr. MANZULLO, Mr. CUNNINGHAM, GOODE, and Mr. PITTS. RUPPERSBERGER, and Ms. SOLIS. Mr. LAHOOD, and Mr. MILLER of North Caro- H. Res. 466: Mr. FRANK of Massachusetts, H.R. 3482: Mr. TERRY. lina. Mr. EVANS, Mr. MCGOVERN, Mr. ALLEN, Mr. H.R. 3484: Mr. SABO. H.R. 2394: Mr. COSTELLO, Mr. PALLONE, Ms. SCHIFF, Mrs. JONES of Ohio, Mr. KIND, and H.R. 3513: Mr. JACKSON of Illinois. ESHOO, Mr. ANDREWS, Mr. KUCINICH, and Mr. Mr. PORTER. H.R. 3574: Mr. BLUMENAUER, Mr. INSLEE, DEUTSCH. H. Res. 477: Ms. LOFGREN. H.R. 2404: Mr. MORAN of Virginia. Mr. MCGOVERN, Mr. HOUGHTON, Mr. DOO- H. Res. 485: Mrs. NAPOLITANO and Ms. H.R. 2527: Ms. JACKSON-LEE of Texas. LITTLE, Mr. DOOLEY of California, and Mr. GINNY BROWN-WAITE of Florida. H.R. 2568: Mr. MCNULTY. CROWLEY. H. Res. 499: Mr. SABO, Mr. STARK, Mr. COO- H.R. 2585: Mr. GEORGE MILLER of Cali- H.R. 3611: Mr. BLUMENAUER and Mrs. PER, Mr. BELL, Ms. KILPATRICK, Ms. SLAUGH- fornia. TAUSCHER. TER, Ms. DEGETTE, Mr. MARKEY, Ms. LEE, H.R. 2625: Mr. MEEKS of New York. H.R. 3615: Mr. SANDERS. Mr. MCGOVERN, Mr. HINCHEY, Mr. H.R. 2711: Mr. CARDIN. H.R. 3618: Mr. SERRANO. MCDERMOTT, Mr. TOWNS, Ms. SCHAKOWSKY, H.R. 2719: Mr. GIBBONS and Mr. MILLER of H.R. 3658: Mr. NORWOOD, Mr. DAVIS of Flor- Mr. ABERCROMBIE, Mr. FRANK of Massachu- Florida. ida, Mr. YOUNG of Florida, Mr. TOWNS, Mr. setts, Ms. ROYBAL-ALLARD, Mr. ETHERIDGE, H.R. 2787: Mrs. KELLY. ISAKSON, Mr. DAVIS of Illinois, Ms. ESHOO, Mr. ALLEN, and Mrs. MALONEY. H.R. 2808: Mr. DEFAZIO. Mr. LEACH, Mr. STARK, Mr. JOHN, Mr. KEN- H. Res. 500: Mr. CASE, Mr. HAYES, and Mr. H.R. 2821: Mr. REYNOLDS, Mr. KILDEE, Mr. NEDY of Rhode Island, Mr. FORD, Mr. MCNUL- JOHNSON of Illinois. TY, Mr. GRIJALVA, Mr. ACEVEDO-VILA, Ms. FROST, and Mr. MORAN of Virginia. f H.R. 2823: Mr. KENNEDY of Minnesota and KAPTUR, Mr. LANTOS, Mr. UDALL of New Mex- Mr. PORTER. ico, Mr. SNYDER, Mr. KIND, Mr. CUMMINGS, DELETIONS OF SPONSORS FROM H.R. 2839: Mr. ALLEN. Mr. HALL, Mr. WALSH, Mr. TANNER, Mr. PUBLIC BILLS AND RESOLUTIONS WEXLER, Mr. TURNER of Texas, Mr. LUCAS of H.R. 2844: Mr. BERMAN. Under clause 7 of rule XII, sponsors H.R. 2906: Mr. CULBERSON. Kentucky, Mr. SMITH of New Jersey, Mr. H.R. 2934: Mr. CULBERSON. FROST, Mr. TERRY, Mr. LYNCH, Mr. STRICK- were deleted from public bills and reso- H.R. 2945: Mr. OWENS and Ms. LORETTA LAND, Mr. PRICE of North Carolina, Mr. lutions as follows: SANCHEZ of California. MOORE, Mr. SANDLIN, Mr. SCHIFF, Ms. BALD- H.R. 2682: Mr. DEUTSCH, Ms. MILLENDER- H.R. 3103: Mr. GORDON, Mr. EHLERS, Mr. WIN, Mr. BURR, Mr. FOSSELLA, Mr. STENHOLM, MCDONALD, Mrs. TAUSCHER, Mr. WALSH, and McCOTTER, MR. WEINER, Mr. MARIO DIAZ- Mr. LAHOOD, Mr. VAN HOLLEN, Mr. RAMSTAD, Mr. BLUMENAUER.

VerDate jul 14 2003 02:09 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JA7.018 H27PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION

Vol. 150 WASHINGTON, TUESDAY, JANUARY 27, 2004 No. 6 Senate The Senate met at 12 noon and was appoint the Honorable Michael B. Enzi, a RECOGNITION OF THE MINORITY called to order by the Honorable MI- Senator from the State of Wyoming, to per- LEADER form the duties of the Chair. CHAEL B. ENZI, a Senator from the The ACTING PRESIDENT pro tem- State of Wyoming. TED STEVENS, President pro tempore. pore. The Democratic leader is recognized. PRAYER Mr. ENZI thereupon assumed the Chair as Acting President pro tempore. Mr. DASCHLE. Mr. President, I ap- The Chaplain, Dr. Barry C. Black, of- preciate the announcements of the ma- fered the following prayer: f jority leader and will work with him to Let us pray. RESERVATION OF LEADER TIME see if we can’t finish the pension bill, if Eternal God, our rock, our health, The ACTING PRESIDENT pro tem- not today, certainly by tomorrow. I and our life, we thank You that You think we have had a good debate. There have been to us a high tower and a pore. Under the previous order, the leadership time is reserved. are a lot of good issues that have been strong defense. Thank You for helping addressed. It is an important bill. Even us to conquer our anxieties and fears, f though it is a temporary measure, I our sins and follies, our failures and RECOGNITION OF THE MAJORITY think it goes a long way to addressing doubts. Lord, we put our trust in You, LEADER some of the concerns. for our times are in Your hands. f Today, give our Senators the light of The ACTING PRESIDENT pro tem- Your truth. May they find in You the pore. The majority leader is recog- WHITE HOUSE LEAKS AND source of highest joy. Take each of us nized. NATIONAL SECURITY beyond secondhand faith into an expe- f Mr. DASCHLE. Mr. President, I wish riential relationship with You. Stir us SCHEDULE to address an issue that I think de- to new heights of excellence, as You serves even greater attention in the Mr. FRIST. Mr. President, today the show us Your majesty and glory. Let Senate. It has been 6 months now since Senate will again resume debate on Your strong right arm defend us. We a senior White House official publicly H.R. 3108, the pension rate bill. It is our pray this in Your wonderful name. disclosed one of this Nation’s most pro- hope to complete the bill either today Amen. tected and valuable national security or early tomorrow. In accordance with secrets: the identity of an intelligence f the consent agreement entered yester- operative. This act of political retribu- day, we will vote at 2:30 p.m. today in PLEDGE OF ALLEGIANCE tion not only placed at risk the life of relation to the Kyl amendment, No. The Honorable MICHAEL B. ENZI led an intelligence operative, it put at risk 2234, which is the PBGC hold harmless the Pledge of Allegiance, as follows: the security of every American. language. Senator KYL has an addi- In the war on terrorism, the impor- I pledge allegiance to the Flag of the tional amendment pending, and I will United States of America, and to the Repub- tance of intelligence agents to our na- be talking to the Democratic leader- lic for which it stands, one nation under God, tional security simply cannot be over- ship as to a time certain for a vote in indivisible, with liberty and justice for all. stated. Human intelligence is our best relation to that amendment. There are weapon against terrorists. By revealing f a number of meetings this afternoon the name of this operative, the senior with Members on both sides. So we will APPOINTMENT OF ACTING White House official or officials respon- be looking for an appropriate time PRESIDENT PRO TEMPORE sible acted in an unprecedented manner today for that vote. The PRESIDING OFFICER. The to break a fundamental bond of trust In addition, one other Senator has clerk will please read a communication that protects both the mission and the expressed an interest in offering an to the Senate from the President pro lives of intelligence officers. amendment, and we will be trying to tempore (Mr. STEVENS). Secretary of Defense Donald Rums- schedule that amendment for consider- The assistant legislative clerk read feld summarized the stakes involved ation as well. Having said that, addi- the following letter: when he said: tional votes will, therefore, occur this U.S. SENATE, afternoon as we attempt to finish the Leaks put people’s lives at risk. And I PRESIDENT PRO TEMPORE, think that the people in any branch of Gov- Washington, DC, January 27, 2004. pension rate bill today or tomorrow. ernment have the obligation to manage their To the Senate: I thank Members for their coopera- mouths in a way that does not put people’s Under the provisions of rule I, paragraph 3, tion in letting us move forward on this lives at risk. Folks that leak and put peo- of the Standing Rules of the Senate, I hereby legislation. ple’s lives at risk ought to be in jail.

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

S265

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.000 S27PT1 S266 CONGRESSIONAL RECORD — SENATE January 27, 2004 Former President George H.W. Bush is that we keep faith with them and Certainly we need to find out all the put it even more succinctly: offer them the protection they need to elements that went into the estimates I have nothing but contempt and anger for do their jobs. concerning weapons of mass destruc- those who betray the trust by exposing the Someone in the White House be- tion, but at the same time there is a names of our sources. They are, in my view, trayed that trust, and we owe it to clear record in statements made by the the most insidious of traitors. every intelligence officer—indeed, to previous President, as well as this While Republicans, including Presi- every American—to uncover the truth President, concerning Saddam Hus- dent Bush and members of his Cabinet, about this leak and punish those re- sein’s intentions. have been quick to condemn the act of sponsible to the fullest extent. Mr. REID. Mr. President, I wish to leaking sensitive information, it took In order to shed more light, House say very briefly that Senator the Justice Department nearly 3 Democratic Leader NANCY PELOSI, sev- DASCHLE’s statement regarding the months after this leak to announce it eral colleagues, and myself have re- leaking of the name of the informant— was launching an investigation. quested that the GAO investigate someone who worked for the CIA—had Several more months ensued before whether or not the White House com- nothing to do about whether there Attorney General Ashcroft, in response plied with the administrative require- were or were not weapons of mass de- to criticism about a potential conflict ments to safeguard classified informa- struction in Iraq. Senator DASCHLE had of interest, removed himself from head- tion in the case of CIA operative Val- to leave but he wanted to make sure I ing up the investigation and turned it erie Plame. made the record clear. His statement over to another Justice Department at- This investigation is fundamentally had no reflection on whether there torney. Not surprisingly then, given different from the Justice Department were or were not weapons of mass de- these twists and turns, the identity of investigation currently underway. struction in Iraq. His statement simply the leaker remains unknown to this That investigation will assess whether relates to the fact that there simply day. any criminal statutes have been vio- should be an investigation into who Last week, unsatisfied with its ap- lated. leaked the most sensitive information parent lack of progress, a group of We have asked the GAO to assess a regarding someone who worked for the former intelligence officers asked Con- separate, yet equally important, ques- CIA. gress to open an immediate inquiry tion of whether the White House fol- f into the disclosure of Valerie Plame’s lowed appropriate internal administra- PENSION FUNDING EQUITY ACT OF name to the media. They said: tive procedures protecting Ms. Plame’s 2003 The disclosure of Ms. Plame’s name was an identity and responding to the leak unprecedented and shameful event in Amer- once it occurred. The ACTING PRESIDENT pro tem- ican history, and, in our professional judg- In order to safeguard the lives of our pore. Under the previous order, the ment, has damaged U.S. national security, intelligence agents and the integrity of Senate will resume consideration of specifically the effectiveness of U.S. intel- our intelligence process, we have an ob- H.R. 3108, which the clerk will report. ligence gathering using human sources. ligation to discover the truth about The assistant legislative clerk read These former intelligence officers this affair and hold those responsible as follows: took this extraordinary step because accountable. A bill (H.R. 3108) to amend the Employee they feared that the Justice Depart- Yesterday at this time I discussed Retirement Income Security Act of 1974 and ment investigation underway may not the growing consensus that Iraq did the Internal Revenue Code of 1986 to tempo- uncover those responsible or may at- not, in fact, have weapons of mass de- rarily replace the 30-year Treasury rate with a rate based on long-term corporate bonds tempt to explain away the incident as struction prior to the start of the war, for certain pension plan funding require- little more than an unfortunate event as we had been told. ments and other provisions, and for other that does not rise to the level of crimi- I said then and I will say today, purposes. nal behavior. every Member of this body has a re- Pending: No American—Democrat or Repub- sponsibility to review matters such as Grassley amendment No. 2233, of a per- lican—can afford to allow this affair to these and see that this Senate lives up fecting nature. be swept under the rug. The cloud of to its obligations. We simply cannot af- Kyl amendment No. 2234 (to amendment uncertainty hangs over our intel- ford to ignore what happened, why it No. 2233), to limit the liability of the Pension ligence community. Intelligence agents happened, and our own responsibility Benefit Guaranty Corporation with respect report growing fear that the commu- to ensure that it does not happen to a plan for which a reduced deficit contribution is elected. nity is increasingly viewed as a polit- again. Kyl amendment No. 2236 (to amendment ical tool rather than as an instrument The ACTING PRESIDENT pro tem- No. 2233), to restrict an employer that elect- of independent and objective discovery pore. The Senator from Arizona. ed an alternative deficit reduction contribu- and analysis. Mr. MCCAIN. Mr. President, before I tion from applying for a funding waiver. Too many agents and analysts are address the legislation at hand, I will The ACTING PRESIDENT pro tem- beginning to wonder what will happen make a brief response to the distin- pore. Under the previous order, the to them if they come forward with guished Democrat leader’s statement time between now and 12:30 p.m. shall facts or analyses that contradict offi- concerning our efforts in Iraq and be equally divided between the bill cial policies of the administration. weapons of mass destruction. I think managers or their designees. In addition to affecting their work, the Senator from South Dakota has a The Senator from Arizona. we should all be concerned about the legitimate point in that there needs to Mr. MCCAIN. Mr. President, a series chilling effect this could have on the be a thorough evaluation of the intel- of high profile events, including the willingness of foreign nationals to co- ligence and what happened that led us Iowa caucuses, the State of the Union operate with our agents if they, too, to believe that perhaps some of that in- Address, the passage of a massive Om- come to fear their identities could formation was incorrect. I point out, nibus appropriations bill, and today’s come to be disclosed. These fears are again, that I am very pleased to note primary in New Hampshire have over- justified. Leaking the names of covert that the overwhelming majority of the shadowed our consideration of this agents or other intelligence assets rep- American people still believe we did measure, and that is regrettable. resents a direct assault on our intel- the right thing in Iraq. There is very The pension bill that is almost sure ligence community and our ability to little doubt in anyone’s mind, includ- to pass this Chamber is folly. The work with foreign agencies and assets. ing the previous administration’s amendment offered by Senators GRASS- The nature of intelligence officers’ statements, that Saddam Hussein had LEY, BAUCUS, GREGG, and KENNEDY, work prevents them from ever receiv- acquired weapons of mass destruction, while addressing the short-term inter- ing from the American people the rec- used weapons of mass destruction, and ests of a handful of special interests, ognition or thanks they deserve. In there is no doubt in this Senator’s could further exacerbate a severe pen- fact, despite the incredible risks they mind that if he were still in power he sion underfunding problem. I might say assume on our behalf, they do not ask would be attempting to acquire weap- this measure is recognized as such by for recognition or thanks. All they ask ons of mass destruction. the administration.

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.003 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S267 As an editorial in yesterday’s Wash- Mr. MCCAIN. Mr. President, the edi- As the Secretaries explained in an- ington Post noted: torial goes on to say: other letter sent last November: Not for the first time, Congress has mus- There is, as Congress is demonstrating, no The DRC rules were put into place to guard cled up to an important problem, taken a political constituency for fixing this prob- against the continuing deterioration of fund- good look at it and resolved to make it lem. Weak companies with underfunded pen- ing levels in underfunded plans. These rules worse. sions lobby lawmakers for permission to con- were designed to protect participants’ ac- I ask unanimous consent that the tinue their imprudence; labor leaders from crued benefits and the financial integrity of editorial of Monday, January 26, enti- those same firms lobby lawmakers in the the pension insurance system. Suspension of tled ‘‘Pension Perniciousness’’ be same direction; nobody is on the other side. the DRC rules would mean a significant fur- In the deal currently being cooked up, a ther reduction in the resources available to printed in the RECORD. group of hard-pressed companies led by the There being no objection, the mate- meet the promises made to existing and fu- steel industry and the airlines will be given ture retirees. Moreover, suspending DRC rial was ordered to be printed in the a special break for two years; if any of these rules would jeopardize pension funding in the RECORD, as follows: firms goes bust in the meantime, the public future, as companies begin to fund their [From the Washington Post, Jan. 26, 2004] will end up shouldering the deficits, which is plans less prudently in anticipation of ex- PENSION PERNICIOUSNESS why the congressional measure amounts to a traordinary relief from their contributions taxpayer loan. Not for the first time, Congress has mus- when the plans become underfunded. Yet taxpayer support for people in defined- cled up to an imported problem, taken a benefit pension plans is a perverse notion. Despite these warnings and a $400 bil- good long look at it and resolved to make it Fully one in two private-sector workers has lion gap between what companies have worse. The problem is the vast hole in the no company pension plan whatever. Why contributed to their pension funds and nation’s corporate pension schemes, and the should the less fortunate bail out the lucky what they owe under their plans, why perverse rules that helped create them. ones? Congress’s solution, championed in the Sen- is the Senate ready to give companies ate by an alliance of Sens. Charles E. Grass- Once again, Congress is poised to give whose pensions are severely under- ley (R-Iowa), Judd Gregg (R–N.H.), Max Bau- another handout to certain airline, funded a pass on their obligations to cus (D-Mont.) and Edward M. Kennedy (D- steel, and labor interests, regardless of ensure their employees’ retirement Mass.), is to reward the hole-diggers with the costs this could impose on the em- pay? Because, we are told, economic what amounts to a $16 billion loan from tax- ployees and retirees of these businesses forces beyond anyone’s control have payers. and ultimately on American taxpayers. come together to create a ‘‘perfect About one in five private-sector workers By allowing these entities to dig their has a ‘‘defined-benefit’’ pension, the sort in storm.’’ which an employer guarantees a certain pen- already underfunded plans further into The extraordinary coincidence of low sion to its workers when they retire. To pay debt, we are creating a very real risk of interest rates and a poorly performing for these future benefits, employers are sup- defaults. When this occurs, the Federal stock market, proponents claim, has posed to put sufficient money into a pension agency that ensures private sector led to big losses and created a unique fund; the problem is they often don’t. The fixed benefit plans, the Pension Benefit hardship for these companies’ pension gap between money put aside and money Guaranty Corporation, or PBGC, will funds. needed in the underfunded pension plans be the first to try to cover this liabil- A look at historical contributions comes to an enormous $350 billion. When ity. The PBGC itself is hugely in def- suggests, however, that the anomalous companies go bust, the Pension Benefit icit and ultimately the American tax- Guaranty Corp., the government-backed en- ‘‘perfect economic weather’’ of the last tity that insures pensions, gets saddled with payer is on the hook. decade is as likely an explanation for plans that are in deficit. As a result, the I join the PBGC in opposing this pro- the current sorry shape of pension PBGC itself has a deficit of 11.2 billion, posal that relieves severely under- plans as the ‘‘perfect economic storm.’’ which taxpayers may have to plug eventu- funded pension funds of the obligation In the 1990s, record stock market really. As more companies go bust, more of the to make deficit reduction contribu- turns allowed companies radically to $350 billion problem out there in the private tions, or DRCs, to catch up on their reduce or simply not budget for pen- sector will land on taxpayers’ shoulders. deficits. As the PBGC’s director has sion contributions. Whereas single-em- Why do companies run these pension defi- said: cits? Because regulations perversely encour- ployer pension contributions totaled age them to do so. If a firm gives workers a Giving a special break to weak companies $63 billion between 1980 and 1984, be- pay raise, it will have to pay for that imme- with the worst-funded plans is a dangerous tween 1990 and 1995 single-employer diately; if it gives them an increase in their gamble. pension contributions amounted to pension, accounting rules allow it to defer In a letter to the majority leader last only $26 billion. the cost into the future. This deferral is es- week, the directors of the PBGC, Cabi- Clearly, today’s economic climate is pecially tempting for cash-strapped compa- net Secretaries Chao, Snow, and Evans, not what it was in the late 1990s, and I nies—which often means ones with a strong wrote: chance of going bust. Bethlehem Steel, for do not question that many companies It would be irresponsible to amend the in- example, upped its pension promises and de- now face significant liabilities to their terest rate bill with any additional provi- clared bankruptcy three years later. Wobbly pension funds. I am not proposing that sions that would significantly further exac- companies that underfund their pensions nothing be done, and the base bill, H.R. erbate systemic plan underfunding. If H.R. would pay extra insurance premiums if the 3108 were amended to do so, we as the PBGC 3108, provides enormous relief to all insurer were a private company. But the board would recommend that the President pension funds by adjusting the way in PBGC’s rules do not allow it to price risk veto the legislation. which contributions and assets are cal- properly, adding a further incentive for culated so as to reduce companies’ ob- shaky companies to hitch a free ride with The Grassley, Baucus, Gregg, and the others. Kennedy amendment does just that. In ligations to their pension funds by $80 There is, as Congress is demonstrating, no addition to being fiscally irresponsible, billion. political constituency for fixing this prob- the amendment is grossly unfair, once The Grassley, Baucus, Gregg, and lem. Weak companies with underfunded pen- again lavishing Federal largesse on se- Kennedy amendment, however, would sions lobby lawmakers for permission to con- lected industries and companies. give another huge break to a very se- tinue their imprudence; labor leaders from Explaining why the pension system is lect group of entities. Why, when com- those same firms lobby lawmakers in the already in jeopardy, the PBGC direc- panies’ pension liabilities are so high, same direction; nobody is on the other side. should we let a favored few walk away In the deal currently being cooked up, a tors wrote: group of hard-pressed companies led by the The PBGC reported a record single-em- from their responsibilities to their em- steel industry and the airlines will be given ployer program deficit of $11.2 billion ployees and retirees? Why should the a special break for two years; if any of these through the end of 2003, three times larger Senate permit these select entities to firms goes bust in the meantime, the public than any previously recorded deficit. Last use money that should go to reduce will end up shouldering the deficits, which is year, the General Accounting Office added their pension deficits for other pur- why the congressional measure amounts to a the PBGC’s single-employer pension program poses, and invite them to dig them- taxpayer loan. to its ‘‘high risk’’ Federal program list. In selves deeper in the hole, especially Yet taxpayer support for people in defined- addition, the PBGC remains exposed to $85 benefit pension plans is a perverse notion. billion in pension underfunding in single-em- when it is likely that the American Fully one in two private-sector workers has ployer plans sponsored by financially weak taxpayers, many of whom have no pen- no company plan whatever. Why should the employers. The PBGC also reported the first- sion plans, are going to have to bail less fortunate bail out the lucky ones? multiemployer deficit in two decades. them out?

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.006 S27PT1 S268 CONGRESSIONAL RECORD — SENATE January 27, 2004 We can talk about economic ‘‘perfect I don’t begrudge the airlines the as- Mr. BAUCUS. Mr. President, is there storms,’’ interest rates, and bull and sistance Congress has provided to date, a time limit? bear markets, but I hope that people and I understand that the industries’ The ACTING PRESIDENT pro tem- understand that we are really talking health is inextricably bound to the pore. There is a time limit. The Sen- about the ability of retirees to pay well-being of our economy. That said, I ator has 9 minutes 42 seconds remain- their heating bills, buy needed medi- won’t continue to support special aid ing. cine and groceries, and visit their to airlines without some account- Mr. BAUCUS. Mr. President, I ask grandchildren. Even if, as I suspect the ability. We can’t seem to go more than unanimous consent that I have an addi- managers and union officials who sup- 6 months without the airline industry tional 5 minutes. Perhaps it has to be port the amendment cynically cal- asking Congress for another handout. I yielded to me by someone. culate, the PBGC will assume pension have not doubt that they will be up Mr. REID. Mr. President, I ask unan- liabilities if plan sponsors default, the here again soon asking for tax relief, imous consent that the request be benefits that participants will get from relief from security fee obligations, or modified so that if someone from the PBGC will likely be far less than what some other form of aid. majority wishes to speak for an extra 5 they were counting on receiving. I urge my colleagues to stand up for minutes after Senator BAUCUS, they be There is no doubt that current pen- workers and taxpayers, and against a allowed to do so. sions laws are in desperate need of re- bailout. Disregarding the interests of The ACTING PRESIDENT pro tem- form, but I don’t support DRC relief in their employees and members, manage- pore. Without objection, it is so or- a vacuum. ment and labor have joined in urging dered. The amendment contains yet another Congress to support the amendment by WORKING FOR A BETTER AMERICA bailout of certain airlines, steel pro- Senators GRASSLEY, BAUCUS, GREGG, Mr. BAUCUS. Mr. President, I simply ducers, and one apparently very special and KENNEDY, that is premised on the wish to say thank you. I rise to say labor union. DRC relief is granted to hope that companies’ currently inad- thanks to all my colleagues, particu- these entities with no restrictions. Any equate pension assets will recover, not larly here in the Senate, my friends other entity that wants to receive DRC through contributions, but through ris- and family in Montana and across the relief has to show that it is able to ing interest rates and a robust stock country, my wife Wanda and my son meet its future contributions in a market. I know the Super Bowl is com- Zeno, my mother, and so many others. timely manner. Let me repeat that. ing up, but this ‘‘Hail Mary’’ pass is Thank you for the best wishes, the get- Any other entity that wants DRC relief not the right move. Let us spend a lit- well cards, flowers, phone calls, and e- must show that it can make its future tle time crafting a true pension reform mails for the past few weeks. It is as- contributions. Certain passenger air- bill rather than simply rushing tounding how much we do live in kind lines, steel producers, and one union, through a bill that will benefit a hand- of a global village and how connected however, get a DRC break, regardless. ful of coddled industries at the risk of we are. I deeply appreciate the concern Let us talk about the airline indus- workers and taxpayers throughout this of so many of my very good friends. try. I was one of the first people to sup- country. A few weeks ago, I underwent surgery port giving financial assistance to this If, as I am afraid will happen, how- for a condition known as subdural he- industry in the aftermath of September ever, the amendment providing select matoma which was the result of a fall 11. At the onset of the Iraq War, I sup- DRC relief is adopted, and this folly is I took in November while running in ported, with some reservations, addi- enacted into law, I would expect that what is called the JFK 50 Miler in tional temporary relief to the industry. companies and unions that avail them- Maryland. You might ask, Why in the But here we are again facing another selves of this relief will freeze the com- world would someone want to run 50 cry for help and an outstretched hand. pensation of their highest paid officials miles? I sometimes ask myself. None- Let us review the assistance to the air- theless, it was then that I took a fall, lines over the past few years. at the same time. If companies and After September 11, Congress pro- unions determine that they cannot or and as a consequence of that fall, I had vided to the airlines $5 billion in direct will not make contributions to their this condition called subdural hema- payments to compensate for losses severely underfunded pension plans and toma. I must say I am very grateful to the stemming from the September 11 at- honor their obligations to their rank doctors, nurses, and everyone who was tacks; $10 billion in loan guarantees; and file, they should not then turn very helpful. They have encouraged me Federal terrorism insurance; $68 mil- around and increase the princely sums lion in reimbursements for increased being paid to their top executives. We to take my time. They didn’t want me insurance costs; and, liability protec- will be watching. to do something stupid or dumb, or to tion against claims arising in connec- To reiterate, the airlines were major get back to work too quickly. Unfortu- tion with the September 11 attack. recipients of this pending amendment, nately, as you well know, we have 24- Later in 2001, Congress provided that the Grassley-Baucus-Gregg-Kennedy hour news service these days. When I the Federal Government assume re- amendment. After September 11, Con- was at home, I had an extremely bad sponsibility for security from the air- gress already provided the airlines $5 case of cabin fever. I could hardly wait lines. billion in direct payments to com- to get back to work. The doctor said In the legislation that established pensate for losses stemming from Sep- stay home. Wanda said stay home. My the Department of Homeland Security, tember 11, $10 billion in loan guaran- friends said stay home. So I stayed Congress extended the terrorism insur- tees, Federal terrorism insurance, $68 home for a little while. ance. million in reimbursement for increased In all seriousness, I am very de- In the Iraq Wartime Supplemental insurance costs, and liability protec- lighted to be back in this Chamber and Appropriations Act, Congress provided tion against claims arising in connec- back in the Senate with all of you, $2.3 billion directly to the airlines in tion with September 11. Later, Con- doing what I love; that is, representing the proportional share each carrier has gress provided that the Federal Gov- Montanans and working to make their paid the TSA or collected in passenger ernment assume responsibility for se- lives better. security and air carrier security fees, curity for the airlines. The list goes on Following the surgery, I have been and suspended security fees from June and on about what we have already asked several times if any of this has 1 through September 30, 2003. This has done for the airlines and now another changed my perspective. Does it give been estimated to provide a savings of bailout for the airlines. I really strong- me pause? The answer, obviously, is $700 million to airlines. ly object to the selectivity of this that it does; clearly, it does. It gives Congress has appropriated almost amendment and I don’t know how you you a deeper sense of perspective. It is $200 million to reimburse airlines for rationalize it. humbling. I am sure the response hardened cockpit door installation. I thank my colleagues. would be different for different people, In the FAA reauthorization bill that The ACTING PRESIDENT pro tem- but for me, it caused me to just think was just signed into law Congress once pore. Who yields time? a little more clearly and deeply about again extended terrorism insurance— The Chair recognizes the Senator what we are all about and what we are through March 30, 2008. from Montana. doing.

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.002 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S269 I must say I think it has been very Americans. I was lucky. I had surgery A recent survey found that 15 percent helpful. It makes one deeply appreciate performed by excellent people. I am of the defined benefit plan sponsors what we have in life—our family, our fortunate enough to have good health have frozen plans since January 1, 2001. friends, including our health. It also re- insurance coverage. A lot of Americans That means these plans will no longer inforces one’s resolve. It makes you do not. An event like this reminds us allow workers to earn more benefits. want to keep driving, pushing, working that the 43.6 million Americans who go Another 6 percent are actively consid- to create change and help people. You without health insurance must have it. ering freezing the defined benefit plans. realize, even more, that we have only a We in Congress, who do have the secu- This could mean that more than one in finite amount of time here to get our rity of good health insurance, must do five employees earning a guaranteed work done. It subtly reminds you about much more to assure that more Ameri- retirement benefit will not earn future the ever-daunting deadline that time cans and soon all Americans have benefits. imposes on all of us, the sense we have health insurance. We are not doing We need to ask what caused this and to get as much done as we can in the enough. what can we do. According to the sur- short time we have been given so as We tend to get all involved in lots of vey, the most common reason for freez- not to waste one day, an hour, or a peripheral issues and not spend enough ing the defined benefit plans is the minute. time on the core issues. I daresay that cost—not just the total cost but also It also reinforces what my Indian health insurance inadequacy, the cost the volatility and unpredictability of friends taught me so long ago in Mon- of health insurance, is probably the the cost. It is one thing to have an ob- tana—that we have a moral obligation first, second, and third most important ligation you can put in the budget pro- to leave this place in as good or better issue facing Americans. We do not jections. Businessmen love to know shape than we found it, to pass on to spend enough time on it. what is going on. We understand that. We have an aggressive agenda before our kids and our grandkids an America Then business can build a plan to meet the Senate. It is up to us to fulfill the as great as our parents bestowed upon certain obligations. It is another thing promises we made, set aside partisan us. to have costs that vary wildly from differences, and work together—not It is written in Scripture that much year to year. You do your best to talk about it but do it. Do what is right is expected from those to whom much project these costs, but it is difficult. for America. Move our country for- has been given. As Americans—particu- Having cash available for investment ward. It is up to us to lead. People larly as Members of the Senate—we in growth and expansion is critical to a want Congress to do what is right. have been given an awful lot. We have successful business. Fluctuating min- Most Americans are not partisan. They a lot of work ahead of us. imum contribution requirements make are not very rightwing or very left- That is why it is imperative we look good business plans very difficult. wing. Most Americans are in the big to the example of leadership set by so In the worst of times, a large unex- middle. They want the Congress to do many here in this Chamber—coura- pected contribution requirement can what is right. It is up to us to provide geous yet humble leaders such as my spell disaster. It can bankrupt an en- that leadership. friend and mentor, former majority I say thank you. I deeply appreciate terprise. That enterprise has to turn leader of the U.S. Senate, Ambassador my colleagues in the Senate. It is my the unfunded pension liability over to Mike Mansfield. I don’t know of a more distinct honor and privilege to serve the Pension Benefit Guaranty Corpora- gentle, a more strong, or, in a sense, a here. tion, known as the PBGC. more profound man than Mike Mans- I also will address the pension bill Last September, the Finance Com- field. He is a man to whom we should and the pending managers’ amendment mittee marked up the National Em- all look up for leadership and try to ex- that will be before the Senate later ployee Savings and Trust Equity Guar- emplify, although we may never get today. First, I thank the chairman of antee Act, a bill that includes a set of there, as much as possible. the committee, Senator GRASSLEY, and long-term funding changes to address We have a big year ahead of us. For also Senator KENNEDY, who gave some the situation. That bill provides tem- my part, I will continue to work to- very kind remarks a few days ago, and porary relief for companies that are gether with all of you—my distin- Chairman GREGG for their collective suffering. It provides a temporary sub- guished colleagues on both sides of the persistence, determination, and their stitute for the 30-year Treasury rate, aisle—to make America an even better willingness to work together. Here is a similar to the provision in the amend- place to live, to work, and to raise a good example of the two committees, ment before the Senate today. It also family. the leadership from both committees provides temporary relief for the def- I look forward to passing a new on both sides of the aisle, working to- icit reduction contribution for compa- transportation bill that will create jobs gether to craft a very important piece nies that were well funded in the year and ensure safety on our Nation’s of legislation. The amendment before 2000. These provisions were designed to roads. the Senate is truly bipartisan. I also give companies relief from large con- I look forward to reforming our pen- thank again Senator KENNEDY for man- tribution cash demands. sion system to ensure that workers and aging the bill in my absence and I deep- The Finance Committee bill includes their families’ life savings are pro- ly appreciate his kind words on the provisions to allow companies to put tected. floor a few days ago. more money into their plans when I look forward to working with my Now let me turn back to the pension times are good, and the bill provides good friend, chairman of the Finance bill and the managers’ amendment. for long-term replacement of the 30- Committee, Senator CHUCK GRASSLEY, This legislation helps address the re- year Treasury rate with a yield curve, to pass our JOBS bill, otherwise known tirement security of literally millions which is a conservative basis for liabil- as FSC/ETI reform, and to give a boost of workers and retirees. It seeks to sup- ity measurement. to domestic manufacturing and create port the pension benefits they have We need to look at long-term reforms jobs. earned and upon which they rely for such as those included in the Finance I look forward to working together to their economic well-being. It is an im- Committee bill. I hope we will do that boost agriculture in our country and portant step to help preserve the em- later this year. get international markets open to U.S. battled defined pension benefit plan. We have an immediate, more press- beef as soon as possible. And it is embattled. ing need to deal with the problems we I look forward to cracking down on The security of our pension system is face today: low interest rates, the ef- tax cheats. There are too many people at stake. Daily we hear employers are fects of recent market downturns, and who cheat Americans by breaking the dropping out of the defined benefit plan the resulting high contribution re- law in our income tax code. I look for- system. The reasons are simple. The quirements that companies will face if ward to making a greater investment defined benefit plans require a commit- we do not take action today. Normally, in education, something we do not do ment on the part of the employer. This low interest rates are good, but in this enough of in this Chamber. is a commitment many employers are case they tend to exacerbate the prob- I look forward to working together to no longer willing to make or can afford lem with respect to defined benefit curb the rising number of uninsured to make. guarantee plans. Increased payments

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.011 S27PT1 S270 CONGRESSIONAL RECORD — SENATE January 27, 2004 would have to be made as early as rate that companies must use when be spent on the job because the pension April 15. We must act quickly to pro- they calculate the liabilities of their benefits they were promised—the bene- vide the needed relief. pension plans. An index of long-term fits they did earn—have been taken The pending managers’ amendment corporate bond rates is surely more ac- away. has three important components to curate as a measurement of expected The legislation we are considering deal with the immediate problems we investment return than the now en- today will not solve all problems. More face. First, it substitutes the long-term tirely defunct 30-year Treasury rate. comprehensive pension reform is need- corporate bond rate with a 30-year This bill also provides a grace period ed. But I am pleased this bill will help Treasury rate. Second, it provides par- for pension plans, including multiem- companies maintain pension plans that tial relief from deficit reduction con- ployer plans, which have experienced otherwise might have been canceled. tributions from companies that did not extraordinary losses in the recent AMENDMENT NO. 2234 make a deficit reduction contribution stock market declines. Make no mis- I would also like to take a moment in 2000. And it provides temporary re- take, if companies are not accorded to address the amendment that has lief from experience loss amortization reasonable flexibility in funding their been offered by my colleague from Ari- payments for multiemployer plans. plans, then they will not be able to zona. On behalf of the steelworkers of These are not long-term solutions. maintain or afford plans for their my State and the steelworkers of the They will provide short-term relief workers, and their workers will hurt. I State of the Presiding Officer, and on from contribution volatility for em- know of that because I live in a State behalf of steelworkers across this coun- ployers who have been generous enough where that surrounds me. try and many other hundreds of thou- to provide defined benefit programs for I hope today’s action is only the first sands of working people, I want to op- their employees. step in a thoughtful and careful process pose the amendment that the Senator The more important factor in the to provide meaningful reforms for the has offered. health of the defined benefit system defined benefit pension plan system. The legislation that Congress is con- and of the PBGC, which guarantees the Congress ought to do all it can to en- sidering today is designed to help com- benefits of the system, is the health of courage employers to provide retire- panies maintain critical pensions on the employers in response to the plans. ment security through such plans. which workers are depending. We are The short-term relief provisions will Today, only 35,000 companies provide doing so to protect workers from losing help. The more employers who stay in defined benefit pension plans, which is benefits that they have been promised. the system, the healthier those em- less than a quarter of the plans avail- We understand some companies, faced ployers and the stronger the system. able 20 years ago. That is a big loss. with particularly hard times, are un- I look forward to working with my Given the volatility we have seen in able to immediately make up the in- colleagues to come up with a long-term the stock market over the last few vestment losses recently suffered by solution. But the provisions in this bill years, more employees would benefit pension plans. If companies cannot af- cannot wait. The retirement security from having the opportunity to earn ford to meet strict deficit reduction of millions of workers hangs in the bal- secure, predictable pension benefits. contribution requirements, they might ance. I urge my colleagues to support I stand ready to work with my col- be compelled to abandon pension plans this amendment. leagues to address the other important and leave workers without secure re- f issues facing companies that are inter- tirement benefits. ested in providing defined benefit pen- Having said this, the Kyl amendment RECESS sion plans. For example, Congress would dramatically decrease the secu- The ACTING PRESIDENT pro tem- ought to reconsider the funding rules rity of hard-earned retirement benefits. pore. Under the previous order, the to ensure that companies are able to The amendment fundamentally under- hour of 12:30 having arrived, the Senate invest appropriately in their pension mines the guarantee provided by the will stand in recess until the hour of plans when business is good and profits Pension Benefit Guaranty Corporation 2:15 p.m. are strong. We also need to consider which insures the defined benefit re- Thereupon, the Senate, at 12:38 p.m., ways to strengthen the Pension Benefit tirement plans. Let me be very clear recessed until 2:15 p.m. and reassem- Guaranty Corporation which, to say about that because the PBGC is, unfor- bled when called to order by the Pre- the very least, is stretched dangerously tunately, something that we know a siding Officer (Mr. CRAIG). thin. great deal about in the part of the f I hope my colleagues will work with country I come from. I repeat, the Sen- me on important reforms such as these ator’s amendment would dramatically PENSION FUNDING EQUITY ACT OF so we can improve retirement security decrease the security of hard-earned re- 2003—Continued for millions of Americans. As I ask my tirement benefits. It undermines the The PRESIDING OFFICER. Under colleagues to do exactly that, I remind guaranteed portion of the Pension Ben- the previous order, the hour of 2:15 p.m. them of the people who are dependent efit Guaranty Corporation. If Congress having arrived, the time until 2:30 will upon us. I have met with many West is going to change the guarantee pro- be equally divided between the Senator Virginians who have worked hard all of vided by the PBGC, we must look for from Arizona, Mr. KYL, and the Sen- their lives—as they say, played by the ways to improve the guaranteed ben- ator from Montana, Mr. BAUCUS, or rules—and earned pension benefits efit, not undermine it. their designees. from their employers, only to have the Hundreds of thousands of Americans The Senator from West Virginia. rug pulled out from under them in re- currently depend on PBGC for their re- Mr. ROCKEFELLER. Mr. President, tirement. It is a painful, painful sight. tirement security. These are people the Senator from Montana is otherwise Wheeling Pittsburgh Steel, Weirton who toiled away for years, often in occupied for the moment, so we are Steel, Kaiser Aluminum, and Special very dangerous occupations, in all going to turn our attention, through Metals—and I am talking about compa- kinds of them. It is absolutely essen- myself and Senator KYL, to the legisla- nies in West Virginia—have been taken tial that we do not erode the already tion we are considering, which is criti- over by the PBGC in recent years. Re- inadequate guarantee that protects cally important and which has to do tirees who dedicated their working these workers in their old age. Retirees with pension plans and offering pre- years to those companies have told me depend upon PBGC payments to pay for dictable solutions. how scared they are. Many have also food, housing, and, increasingly, to There are many people who I would lost their health insurance. Without cover health care costs when retiree like to thank, but I will not do that be- their full pension benefits, they have health benefits have been reduced or cause I only have 71⁄2 minutes. no way to provide for their health care eliminated, as is so often the case. It The legislation we are considering needs. would be unconscionable for Congress enacts critical reforms that will shore Some people—and I am talking about to provide relief to cash-strapped com- up defined benefit pension plans upon seniors who are 60 or 65 years old—have panies to help them maintain the pen- which so many Americans depend. told me they are looking for work. sion plans they offer, only to punish Today, we are updating the interest Part of their so-called retirement will the employees of those companies by

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.013 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S271 denying them the benefits they have has three board members: The Sec- pensions, both single-employer plans earned. retary of Treasury, the Secretary of and multiemployer plans, and it I hope my colleagues will join me in Commerce, and the Secretary of Labor. doesn’t have enough money to provide standing up for workers and defeat this They wrote a letter to Leader FRIST on the guarantees that it has already amendment. January 22 and this is among the made. The PRESIDING OFFICER (Mr. things they said: So there is a catchup provision that VOINOVICH). The Senator from Arizona. We believe that H.R. 3108 would best pro- says, well, you should pay up; you Mr. KYL. Mr. President, it is my un- tect pensions and pensioners if passed free of should help. This bill we are getting derstanding that I have 71⁄2 minutes to any provisions to alter the Deficit Reduction ready to pass is going to make it easier speak to the amendment which I have Contribution rules. on some companies—airlines and offered. The underlying amendment does, in steel—so they don’t have to pay as The PRESIDING OFFICER. The Sen- fact, alter the deficit reduction con- much on the catchup. The Senator’s ator is correct. tribution rules. amendment says if those companies Mr. KYL. Let me point out what we Specifically, it would be irresponsible to grant additional benefits, i.e., in- are doing here and then explain the amend the interest rate bill with any addi- creased pensions, and if they go upside very modest amendment I have offered tional provisions that would significantly down—declare bankruptcy—PBGC will which would not undermine the pen- further exacerbate systemic pension plan not be held for any incremental bene- sion guarantee for employees. underfunding. fits increase during this 2-year period The basic problem we have is that Obviously, if you don’t require all of of time; is that correct? the Treasury note that was used to cal- the companies to pay in their fair Mr. KYL. Mr. President, if I may cor- culate the payments that companies share, you are, in fact, undermining rect one aspect. Theoretically, a new make to the fund to guarantee pen- the fund. They conclude by saying: employee would be a new benefit, but sions for their employees is no longer If H.R. 3108 were amended to do so, we as the reality is that since the accrual or being issued, so some substitute had to the PBGC board would recommend that the the benefit is usually a 3- to 5-year be found. The underlying bill uses the President veto the legislation. time period, new employees would not 30-year Treasury note as that sub- My point in mentioning this is to in fact be covered. stitute. I think everybody agrees that note that it may be that the amount of Mr. NICKLES. If the Senator will needs to be done on a temporary basis. money we are talking about would not yield further, you want to make sure There was a deficit created in the be interpreted as significantly under- people are not receiving additional pension fund because companies were funding. That would be the hope be- pension changes, i.e., increasing bene- not paying in the appropriate amount cause if it would be, then I don’t think fits by 10 percent for all covered em- during the period of time that the any of us would be happy. But what I ployees? Treasury note was not being issued. As would suggest is that as a way of en- Mr. KYL. Mr. President, that is one a result, the fund accrued a deficit. It suring that the impact is minimized, of the purposes of this. To be clear, is over $11 billion. So companies are my amendment should be adopted. It is technically, a new employee would be being asked to pay in a deficit reduc- very minimal. It simply says for those counted, but since the benefits don’t tion contribution to make sure that companies, if any, that choose to take accrue for 3 to 5 years anyway, it prob- the fund has the money that is re- advantage of this special waiver from ably would be de minimis. quired to ensure that employees will the deficit reduction contribution, if I urge my colleagues to support the receive their benefits. they fail during this 2-year waiver pe- Kyl amendment. Ironically, it is the proponents of the riod, then only the benefits that are ac- The PRESIDING OFFICER. All time amendment that are undercutting the crued during that period would not be has expired. fund because what they are saying is covered. That is to say, they would Mr. ROCKEFELLER. Mr. President, not everybody will have to pay their have to hold harmless the pension have the yeas and nays been ordered? fair share into the fund to guarantee guaranty board for that amount of The PRESIDING OFFICER. No. payments to employees; that for a cou- money. Mr. ROCKEFELLER. I move to table ple of steel companies and a couple of The reason is obvious: They are not the amendment and ask for the yeas airlines, they will not have to make paying in. They should not receive the and nays. the full deficit reduction contribution. benefit of the guarantee. If they want The PRESIDING OFFICER. Is there a Instead, in the first year, they only to receive the benefit of the guarantee sufficient second? have to pay 20 percent of what is re- for those benefits, then pay in their There is a sufficient second. quired. In the second year, they would fair share. Obviously, they are totally The question is on agreeing to the only pay 40 percent of what is required. covered for all of the benefits accrued motion to table the Kyl amendment. That, obviously, is going to mean, for up to that date because they paid in up The clerk will call the roll. those companies, they are not paying to that date. So we are basically say- The assistant legislative clerk called in what they should be to ensure that ing: If you choose as a corporation to the roll. their employees are fully covered. take advantage of this waiver and not Mr. MCCONNELL. I announce that All my amendment does is say that pay in what everybody else has to pay the Senator from Georgia (Mr. given the fact that in this situation an in, you should be on the hook for that CHAMBLISS) and the Senator from Okla- employer is not paying in the full amount of money. You should not ask homa (Mr. INHOFE) are necessarily ab- amount, the pension guaranty board the taxpayers or your rivals in busi- sent. should not be on the hook for benefits ness, your competitors, or the board to I further announce that, if present that are accrued just during this period try to make up that difference. and voting, the Senator from Okla- of time. So what we say is that if a The reality is, we are not talking homa (Mr. INHOFE) would vote ‘‘nay.’’ business takes advantage of this spe- about a great deal of money. The prin- Mr. REID. I announce that the Sen- cial rule, and if it fails during the 2- ciple is important and would help to ator from Montana (Mr. BAUCUS), the year period that this is in effect or 2 make this underlying amendment a lit- Senator from Delaware (Mr. BIDEN), years thereafter, then all of the bene- tle bit more palatable to some of us on the Senator from North Carolina (Mr. fits that accrued during that period of this side and to the administration. EDWARDS), the Senator from Massachu- time would not be guaranteed by the I yield to the Senator from Okla- setts (Mr. KERRY), the Senator from board. In other words, the corporation homa. Connecticut (Mr. LIEBERMAN), and the would have to hold harmless the pen- Mr. NICKLES. Mr. President, I want Senator from Maryland (Ms. MIKULSKI) sion guaranty board. my colleague from Arizona to listen. If are necessarily absent. If we don’t do this, then the pre- I misstate this, I hope he will correct I further announce that, if present diction that the board members who me. I urge our colleagues to vote in and voting, the Senator from Montana are in charge made in their recent let- favor of the Kyl amendment. (Mr. BAUCUS) and the Senator from ter would potentially come true. The The Pension Benefit Guaranty Cor- Massachusetts (Mr. KERRY) would each Pension Benefit Guaranty Corporation poration is in trouble. It guarantees vote ‘‘yea.’’

VerDate jul 14 2003 00:08 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.015 S27PT1 S272 CONGRESSIONAL RECORD — SENATE January 27, 2004 The PRESIDING OFFICER. Are there the legislation. I wanted to give them Alan Greenspan’s comment that new any other Senators in the Chamber de- some opportunity. I thank the Senator. jobs will replace old jobs as they al- siring to vote? The PRESIDING OFFICER (Mr. ways have? The result was announced—yeas 67, CHAFEE). The Senator from Massachu- We could ask that in this Chamber. I nays 25, as follows: setts. wonder what the answer would be. The [Rollcall Vote No. 4 Leg.] Mr. KENNEDY. Mr. President, over American people get it—certainly the YEAS—67 the past few days we have had a good viewers of CNN do. This is nonsci- entific, but it is a reaction. Those who Akaka Domenici Lugar debate and discussion of the challenges Alexander Dorgan McConnell facing the defined benefit pension plan believe Mr. Greenspan was right were Allen Durbin Miller system. I thank my colleagues for en- 11, and those who believe he was wrong Bayh Enzi Murray gaging with us on these issues that are were 89 percent. Bennett Feingold Nelson (FL) so vital to the well-being of American Americans are getting it. They are Bingaman Feinstein Nelson (NE) Bond Frist workers and their families. understanding it. Pryor The Federal Reserve Bank publica- Boxer Graham (FL) Reed As I and others have mentioned, de- Breaux Grassley Roberts tion Economics and Finance, last sum- Brownback Gregg fined benefit pension plans provide a Rockefeller mer said—I will include the appro- Byrd Harkin greater certainty and greater security Cantwell Hatch Sarbanes priate references—that the downward Schumer to retirees. Every American deserves Carper Hollings this kind of security in his or her old turn in the mid-1970s and early 1980s Clinton Inouye Shelby shows an even mix of cyclical and Smith age in terms of retirement. There are Cochran Jeffords structural adjustments—those who lost Coleman Johnson Specter savings, which are so important, Social Collins Kennedy Stabenow Security and pensions. We have seen their jobs as temporary workers and Stevens Conrad Kohl savings reduced significantly with our who lost their jobs which are more per- Corzine Landrieu Talent manent in nature. During these epi- Daschle Lautenberg Voinovich economic downturn and we have also Dayton Leahy Warner seen the pensions of so many of our sodes, half the unemployment was DeWine Levin Wyden citizens threatened. structural and half was cyclical. The Dodd Lincoln This legislation is designed, as point- pattern changed in the early 1990s NAYS—25 ed out earlier, to try to deal with a when industry was undergoing struc- Allard Ensign Nickles particular challenge in a temporary tural adjustments and increased its Bunning Fitzgerald Reid way until we can reach a final deter- share of total employment to 57 per- Burns Graham (SC) Santorum mination on how we are going to pro- cent. Campbell Hagel Sessions The greatest change, however, is ap- Chafee Hutchison ceed. But it is absolutely essential. Snowe parent. In the 2001 downturn, 79 percent Cornyn Kyl Sununu This week we have taken the first Craig Lott Thomas of the employees worked in industries Crapo McCain important step to stabilizing our Na- tion’s pension plans, which have been affected more by structural shifts than Dole Murkowski by cyclical shifts. That means, in sim- NOT VOTING—8 battered by a perfect storm of economic conditions over the last 3 years. ple language, those who responded to Baucus Edwards Lieberman the CNN poll understand that 80 per- RASSLEY Biden Inhofe Mikulski I again thank Chairman G , the ranking minority member, Senator cent of the jobs that are lost today are Chambliss Kerry permanently lost. This has to be a BAUCUS, as well as our HELP com- The motion was agreed to. major concern. mittee chairman, Senator GREGG, for Mr. GRASSLEY. Mr. President, I This chart indicates that the Federal working with all of us to develop a move to reconsider the vote. Reserve reports the Bush job loss is moderate bipartisan measure to ad- Mr. KENNEDY. I move to lay that permanent. In the 1950s, the permanent motion on the table. dress the pension system’s short-term job loss was 51 percent; in the 1980s, The motion to lay on the table was problems. This amendment does not again 51 percent; and, early 1990s, only agreed to. weaken the existing funding bill. It 57 percent. Now, there is an 80 percent The PRESIDING OFFICER. The Sen- simply provides temporary, moderate permanent job loss—the first time in ator from Massachusetts. relief to give companies and workers the history of this country. Mr. KENNEDY. Mr. President, could the breathing room needed to take There is a report from the Depart- I have the attention of the chairman of steps to further protect these pension ment of Labor which shows that 36 the Finance Committee? Would the plans. We must take advantage of this States have lost jobs since President Senator enlighten us as to what he ex- time to improve and expand our pen- Bush took office, and 27 States lost pects as far as when we are going to sion system. more jobs in the last month alone. The complete this legislation? As the Sen- More and more American workers are rate of job loss in my State of Massa- ator well knows, we have been on it finding themselves without a pension. chusetts since President Bush took of- Wednesday, Wednesday afternoon, Since 2000, 3.3 million Americans have fice is higher than in any other State. Thursday afternoon, Friday, Monday, lost their pension coverage. In 2002, I say to the Chair, my friend and col- and today. We have had one amend- only 53 percent of our Nation’s workers league from Rhode Island, I doubt if ment. I know we are going to run into were participating in retirement Rhode Island is very far behind. Over all kinds of problems later on in the plans—the lowest level in over a dec- the last 3 years, 193,000 jobs dis- session about time, and I was just won- ade. Only one in five workers today has appeared, and 200,000 Massachusetts dering what the leadership intended to a secure defined benefit plan. residents are currently unemployed. In do on this bill. This drop in pension coverage is part Massachusetts, 2,500 workers a week Mr. GRASSLEY. We hope to work of an overall decline in the quality of are running out of benefits because our out agreements on all of the remaining jobs and the quality of benefits that Republican friends and the Bush ad- amendments yet today and then have a American workers are receiving. Amer- ministration refuse to extend the un- vote tomorrow and close down very ican workers are working harder than employment compensation temporarily shortly because of weather. ever, but they are getting less and less for 13 weeks to permit these families to Mr. KENNEDY. Fine. I do not believe for their effort. pay a mortgage and to put food on the there are any amendments on this side. I want to take a few moments here table. These workers have paid into the Mr. GRASSLEY. There is one more on the floor of the Senate to remind fund. The fund has $17 billion in sur- on this side. our friends and colleagues what the plus. The cost of this legislation for 13 Mr. KENNEDY. Fine. I look forward real state of the union is with regard to weeks is $7 billion. But no. to working with the chairman. We are workers in our country at this time. Look at what the President of the together on this. As recently as today, there were United States said at the time of his Mr. GRASSLEY. Yes. statements and comments by the State of the Union. He said, ‘‘This Mr. KENNEDY. As a matter of inter- chairman of the Federal Reserve. On economy is strong and growing strongest, Members on our side have inquired CNN, they asked the question: Do you er.’’ Applause. And then he said, ‘‘Jobs about how we were going to proceed on agree with Federal Reserve Chairman are on the rise.’’ Applause.

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.004 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S273 That really defies the facts and re- How does the recovery stack up with duction. The Secretary for Veterans ality in terms of what is happening other recoveries, the last nine recov- Affairs can do it and it means a 47-per- across the United States in terms of eries, going back to 1949? This chart cent reduction for veterans’ prescrip- real jobs. compares the constant quarter used tion drugs. But this was prohibited in I referred previously to the excellent when the recession ended. What hap- the legislation. article and report of just last Friday. pened to wages? Going back to 1949, Hopefully in this Congress under the This information is current. These fig- they went up 16 percent; 10 percent in leadership of TOM DASCHLE and Con- ures are current with regard to my own 1954; 10 percent again in 1958; in 1961, 7.9 gresswoman PELOSI, we will address State of Massachusetts. The statement percent; 9.2 percent in 1982; 1991, 6.1 what is happening with health care of the chairman of the Federal Reserve percent; and 2001, 1.58. costs. Prescription drug costs are a is current. The study of the Federal That is what is happening out here special problem because the cost of Reserve is current. among workers in the workplace. No prescription drugs is out of control. We Here is the Wall Street Journal wonder, as CNN reported last week, have to do something for our fellow pointing out that the gap in wages and that American workers are finding Americans, primarily our seniors but equality is growing for U.S. workers. themselves competing with cheap for- for others as well, and about the costs The gap between the highest and low- eign labor just to hold on to their jobs. of health care generally. est earners in America is widening They are overwhelmed because they Workers are working harder, longer, again, with election year ramifica- feel as if forces way beyond their con- and for less. They are worried about tions. The trend is a reflection of the trol are making decisions that affect their health care. The costs are going job market. The exceptionally weak re- their lives. They are exhausted because through the roof, with very little in- sponse to the current economic recov- they are working harder and longer sight to get a handle on that cost. ery as well as the long-term techno- and faster just to stand still. We look not only at what workers logical and economic changes have Who is making out with this recov- are looking for in terms of their costs eroded the bargaining power of Amer- ery? This chart compares the recovery for health care and the costs of health ica’s lowest paid workers. Data show in the 1990s and the recovery today. In care for their parents. Look at the that younger workers, who currently the Bush economy, corporate profits costs of college education. This chart is have fewer job prospects than a few ballooned compared to workers’ wages. a comparison of tuition at a 4-year years ago, in particular are bearing the With the recovery in the early 1990s, 60 public university: it was $3,700 in 2001– brunt. The numbers indicate a move- percent of the new economic activity 2002; now it is $4,700. That’s a 26-percent increase since 2001. ment to greater wage inequality was reflected with 60 percent going to How can average working families af- around the time President Bush suc- the workers’ wages; with the recovery ford to send their child to school? How in the 1990s, 40 percent went to cor- ceeded President Clinton. do they afford their health care costs, This is the Wall Street Journal. This porate profits. With today’s recovery, their prescription drug costs, their tui- is not a Democratic organ I am 86 percent goes to corporate profits and tion? quoting. 13 percent goes to the workers in this Look what has happened to wages— The disparity started under Presi- country. nothing. That is the real state of the dent Bush with the economic slide into Talk about disparity. Talk about Union, not this ‘‘jobs are on the rise, recession 3 years ago. The trend rep- fairness. What is going on is the most and the economy is strong and getting resents a reversal of the late 1990s dramatic change and shift in recent stronger.’’ when the lowest rates in a generation history in terms of the relationship be- This is the description of what is enabled the lowest paid workers to tween the profits and what the workers happening out there to American work- keep pace with those at the top. Mr. are earning. ers. What is the answer of this adminis- President, we will look at the jobs re- That is absolutely wrong. The results tration? We say, with regard to the ferred to in the President’s State of the are dramatic. In the year 2000, there lowest workers, let’s see an increase in Union. He talked about these jobs as were 31 million Americans living in the minimum wage. being on the rise. poverty. Today, there are 34 million The minimum wage has not been in- Look at this chart. This refers to Americans living in poverty, according creased in 7 years. By the end of this what is happening in the job market. to the Department of Commerce. year it will be at its lowest purchasing The late 1990s, 1998 to 2000, all the It is not just what is happening in power, in real terms, in the history of fourth quarter—the same quarter we the job markets; it is happening in the minimum wage. We say: Let’s get were coming out of the recession—for health care costs. We see this in the an increase. There is a majority of the every job that paid $16.31, the new job most recent Time magazine, February Members in this body who would vote paid $18.32, a $2 bonus. Lost your job? 2, ‘‘Why Your Drugs Cost So Much for an increase in the minimum wage, Get a new job and get better pay. This More.’’ The report shows Americans and we have been prohibited from get- is the average of all the new jobs. spent $162 billion on prescription drugs ting it because the Republican leader- What is it today? Under the Bush re- in 2002, up from less than $100 billion a ship will not let us get a vote on the covery, for every job that was paying decade ago. issue. $16.92, the replacement job is $15.65—22 Health care spending continues to Seven million Americans are enti- percent nationwide; 35 percent in the rise; 9.3 percent in 2002, according to tled, when they are working 40 hours a State of New Hampshire where so the trade journal Health Affairs. That week, 52 weeks a year, not to have to many of our friends and colleagues are is the largest increase in 11 years. Em- live in poverty. That is what we believe today. No wonder the citizens of New ployers tighten coverage to cut costs; on this side. We challenge the other Hampshire are concerned about the consumers are more resentful of what side to give us an opportunity to let state of the economy, the cost of tui- they are paying at the drugstore. While the Senate express itself. tion, and the cost of health care. prescriptions represented only 10 per- We have the second issue that I have Look what is happening in the indus- cent of the total health care costs in mentioned, unemployment compensa- tries across the country at the point of the United States in 2002, they amount tion. Mr. President, 90,000—think of hiring. We find workers are working to 23 percent of the out-of-pocket costs that number of people—90,000 individ- harder, working longer, and they are for the consumer. uals a week are losing their unemploy- making less. This is the real state of We passed a drug bill last fall. One ment compensation. I do not know how the Union. would think we would look at coverage those families do it. How does a father This chart shows nationwide only and try to do something about costs. and mother come back and look into two States—Nebraska and Nevada— No way. Written into that, behind the eyes of their children when they have actually increased employment closed doors, were the provisions that lose that unemployment compensation, and had a pay increase over the em- this Bush administration and the Re- having worked hard all of their lives, ployment figures when the President publicans prohibited the Secretary of paid into the fund, and it is suddenly took office. Every other State has seen HHS to be able to bargain with the gone? And they cannot find a job be- a decline. drug companies in order to see some re- cause we are in a jobless recovery. As

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.022 S27PT1 S274 CONGRESSIONAL RECORD — SENATE January 27, 2004 the figures show, in the last month, work as an Engineering Technician in country will be used as a way to cut their this administration said there would be Boeing’s Metrology Lab. overtime pay. 300,000 jobs. There have been 1,000 jobs I’m also proud to say that I’m a military You can’t say it any better than created. It is a jobless recovery. veteran. I served in the U.S. Air Force from that. And the cruelest part of it all is August 1973 until February 1979. How do those parents deal with it? I’ve worked for Boeing for 23 years. During that the Labor Department puts out a How do those children react? That is that time I’ve been able to build a good, solid publication to show employers how to what is happening. Now we cut away life for my family and I’ve raised a son who go about cutting his overtime pay. their lifeline, the temporary unemploy- now has a good career and children of his Mr. President, just finally, I want to ment compensation. No, you cannot own. There are two things that helped make make mention of something we ought have it. You cannot have an increase in that possible. to be concerned with—and we ought to the minimum wage to provide some re- First, the training I received in the Air be concerned about all workers—but it Force made me qualified for a good civilian lief. And that is a family value issue just came to my attention that the ad- because most of those who work for the job. That was one of the main attractions when I enlisted as a young man back in ministration’s overtime proposal will minimum wage are women, and many Iowa. I think it’s still one of the main rea- affect the U.S. Capitol Police. of the women have children. It is a sons young people today decide to enlist. The Capitol Police was first created family issue, a children’s issue, a wom- Military training opens up better job oppor- in 1828 with the sole mission of pro- en’s issue, a civil rights issue, a fair- tunities—and if you don’t believe me, just viding security for the U.S. Capitol ness issue. Yet we cannot have a raise look at the recruiting ads on TV. Building. These dedicated officers pro- in the minimum wage. We cannot have The second thing is overtime pay. That’s tect our lives, the lives of our staff, and an extension of unemployment bene- how I was able to give my son the college education that has opened doors for him. the security of the Nation’s Capitol fits. every single day. Beyond that, we are going to stick it Some years, when the company was busy and I had those college bills to pay, overtime pay Nearly 2,000 officers are responsible to 8 million Americans in denying was probably 10% or more of my income. My for these duties, and hundreds of them them overtime. We had the debate on daughter is next. Danielle is only 8, but we’ll could lose their overtime pay under the that earlier, that proposed regulation be counting on my overtime to help her get Bush plan. by the administration to restrict over- her college degree, too, when that time After September 11, many of these of- time coverage for 8 million Americans. comes. For my family overtime pay has ficers worked around the clock to se- It was rejected here under the leader- made all the difference. cure our safety. During the anthrax at- ship of my friend and colleague, Sen- That’s where I’m coming from. Why did I come to Washington? I came to talk about tacks, the officers dedicated hours and ator HARKIN. It came up in the House an issue that is very important back home hours away from their families to se- of Representatives. It was rejected and to me personally as a working man, a cure the Capitol against further bio- there. Then those provisions rejecting family man, and a veteran. That issue is chemical attacks. this regulation were stripped out of the overtime rights. If you walk through these halls, you omnibus bill behind closed doors in the The changes that this administration is can hear the buzz among these officers: middle of the night. trying to make in the overtime regulations Are we going to be affected by this That is unfair to a number of dif- would break the government’s bargain with overtime proposal? How could they do ferent professions. It is unfair to the men and women in the military and would close down opportunities that working this to us? nurses, firefighters, and police officers. Not every officer would be affected, They are the backbone of homeland se- vets and their families thought they could count on. but many with the specific duties list- curity. But it is unfair to others as When I signed up back in 1973, the Air ed in the Bush proposal could lose their well, including many professions which Force and I made a deal that I thought was overtime protections. Denying over- have predominantly women in them. It fair. They got a chunk of my time and I got time protections to even one Capitol is very unfair to working women. training to help me build the rest of my life. Police officer is too much. The cruelest part of this whole pro- There was no part of that deal that said I Sergeants and other officers who would have to give up my right to overtime posal was the part of the regulations spend most of their time on nonmana- that said if service men and women, pay. You’ve heard of the marriage penalty? gerial activities but who supervise two when they are over in Iraq defending Well I think that what these new rules do is other officers could lose their overtime this country, and Afghanistan or other to create a military penalty. If you got your training in the military, no matter what protection. parts of the world, got a little special- your white collar profession is, your em- And for the first time in the history ized training, when they come back ployer can make you work as many hours as of the Fair Labor Standards Act, near- and take a job, if they had that special- they want and not pay you a dime extra. ly 40 percent of the Capitol Police ized training, they would not be eligi- If that’s not bait and switch, I don’t know force—those earning above a certain ble for overtime. what is. Can you imagine that? We use these And I don’t have any doubt that employers amount who meet just one of the ex- training programs as an incentive for will take advantage of this new opportunity emption criteria—will not have access people to go into these services. I have to cut our overtime pay. They’ll tell us they to overtime protections. asked on the floor and would love to have to in order to compete. They’ll say if Well, this is where we are. We want they can’t take our overtime pay, they’ll to give the assurance to the American see the exchange of information be- have to eliminate our jobs. tween the Secretaries of Labor and De- workers, to their families, to parents It won’t be just the bad employers, either— and their children that we are going to fense on that issue because this is a because these rules will make it very hard major incentive—training programs, for companies to do the right thing. If they battle. education—for young people who per- can get as many overtime hours as they We are going to battle to make sure haps do not have the resources to be want for free instead of paying us time-and- this administration doesn’t implement able to go on to college and do not a-half, they’ll say they owe it to the stock- those overtime rules. We are going to want to be a burden on their parents. holders. And the veterans and other working battle every moment we have, every people will be stuck with less time, less opportunity we have, to extend unem- They go into the service—proudly go money, and a broken deal. into the service—and wear the uniform ployment compensation. And we are I’m luckier than some other veterans be- going to battle time and time again to of our country, and defend our country, cause I have a union contract that will pro- but they also try to get that help and tect my rights for a while anyway. But we increase the minimum wage. Let there assistance in the form of training and know the pressure will be on, because my be no mistake about it. It is going to education. employer is one that pushed for these new come up in the Senate time and time I will end on this issue with this let- rules and they’ve been trying hard to get rid and time and time again, until we pro- ter from Randy Fleming, a veteran, of our union. vide some justice for workers in Amer- and what this proposal would mean to And for all those who want to let these ica. military penalty rules go through, I have a AMENDMENT NO. 2264 TO AMENDMENT NO. 2233 veterans. He is a Boeing employee wor- deal I’d like to propose. If you think it’s ried about losing his overtime. This is okay for the government to renege on its The PRESIDING OFFICER. The Sen- what his letter says: deals, I think it should be your job to tell ator from Iowa. My name is Randy Fleming. I live in our military men and women in Iraq that Mr. GRASSLEY. Mr. President, I ask Haysville, Kansas—outside Wichita—and I when they come home, their service of their unanimous consent that the pending

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.033 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S275 amendment be set aside for the purpose result, the potential burdens facing healthy sibilities is to establish energy effi- of offering another amendment that pension plans and taxpayers; ciency standards for electrical appli- has been agreed to. (b) SENSE OF THE SENATE.—It is the sense ances. Central air-conditioners, the The PRESIDING OFFICER. Without of the Senate that the Committee on Fi- type that cool most of our homes and nance and the Committee on Health, Edu- objection, it is so ordered. cation, Labor and Pensions should conduct offices, must meet the appropriate sea- Mr. GRASSLEY. Mr. President, I hearings on the status of the multiemployer sonal energy efficiency rating, better send an amendment to the desk on be- pension plans, and should work in consulta- known as SEER. During warm summer half of Senator NICKLES and ask for its tion with the Departments of Labor and days—which seem a long way away consideration. Treasury on permanent measures to now—central air-conditioners account The PRESIDING OFFICER. The strengthen the integrity of the private pen- for more than half of the electricity we clerk will report. sion system in order to protect the benefits use. Increasing the efficiency of these The legislative clerk read as follows: of current and future pension plan bene- necessary modern comforts will result ficiaries. The Senator from Iowa [Mr. GRASSLEY], for in significantly less stress on our Na- Mr. NICKLES, proposes an amendment num- Mr. GRASSLEY. Mr. President, as I tion’s electricity grid and reduce the bered 2264 to amendment No. 2233. indicated, this amendment has been occurrence of blackouts. Mr. GRASSLEY. Mr. President, I ask cleared on both sides. I ask for its According to the Alliance to Save unanimous consent that reading of the adoption. Energy, requiring energy-efficient air- amendment be dispensed with. The PRESIDING OFFICER. Is there conditioners would avoid having to The PRESIDING OFFICER. Without further debate? construct as many as 48 new electric objection, it is so ordered. If not, without objection, the amend- powerplants over the next 16 years. It The amendment is as follows: ment is agreed to. would also result in less greenhouse (Purpose: To express the sense of the Senate The amendment (No. 2264) was agreed gases and harmful air pollution being with respect to the status of private pen- to. sion plans) released into the atmosphere because Mr. GRASSLEY. Mr. President, there of reduced electricity demand. At the appropriate place, insert: have been some inquiries about other SEC. ll. SENSE OF THE SENATE ON STATUS OF Some of you may recall at the close amendments. We have some other of the Clinton administration, after ex- PRIVATE PENSION PLANS. amendments on which we are working. (a) FINDINGS.—Congress makes the fol- haustive research, review, and com- lowing findings: I will file them. Then I believe that ment, the Department of Energy set (1) The private pension system is integral would be the end of consideration of forth a new standard known as SEER to the retirement security of Americans, this legislation today. I will come back 13. In doing so, the Energy Department along with individual savings and Social Se- later on to do that. directed that central air-conditioners, curity. I yield the floor. sold beginning in 2006, would need to be (2) The Pension Benefit Guaranty Corpora- The PRESIDING OFFICER. The Sen- tion (PBGC) is responsible for insuring the 30-percent more energy efficient than ator from Delaware. those currently available. nation’s private pension system, and cur- Mr. CARPER. Mr. President, I would rently insures the pensions of 34,500,000 par- Unfortunately, that standard was ticipants in 29,500 single-employer plans, and like to offer a comment or two about withdrawn a couple of years ago when 9,700,000 participants in more than 1,600 mul- the legislation before us and express the current administration took office. tiemployer plans. my thanks to two Members of the Sen- That standard was replaced with a less (3) The PBGC announced on January 15, ate who have been very involved in efficient, less rigorous requirement. 2004, that it suffered a net loss in fiscal year shaping this legislation, Senator The revised standard, known as SEER 2003 of $7,600,000,000 for single-employer pen- GRASSLEY and Senator KENNEDY. I sion plans, bringing the PBGC’s deficit to 12, would have required just a 20-per- thank them for the work they have cent increase in energy efficiency. $11,200,000,000. This deficit is the PBGC’s done. worst on record, three times larger than the In response to the administration’s $3,600,000,000 deficit experienced in fiscal There is a lot of concern in this coun- actions, 10 States, several consumer year 2002. try about the exodus of manufacturing groups, and the Natural Resources De- (4) The PBGC also announced that the sep- jobs and technology jobs. The legisla- fense Council filed suit at that time in arate insurance program for multiemployer tion before us is a thoughtful, timely an attempt to overturn this weakened pension plans sustained a net loss of response to a number of employers, standard. $419,000,000 in fiscal year 2003, resulting in a large and small, who are concerned It was 2 years ago, as the Senate was fiscal year-end deficit of $261,000,000. The 2003 that unless we address this problem beginning to consider the Energy bill, multiemployer plan deficit is the first deficit with respect to selecting an appro- in more than 20 years and is the largest def- that I was encouraged that the legisla- icit on record. priate successor to the 30-year Treas- tion we are considering should have re- (5) The PBGC estimates that the total ury bond, an appropriate measure to stored the higher SEER 13 standard underfunding in multiemployer pension determine what magnitude of money originally embraced by the Clinton ad- plans is roughly $100,000,000,000 and in single- should be contributed to pension funds, ministration. Unfortunately, that lan- employer plans is approximately we are going to otherwise increase the guage was removed during the debate $400,000,000,000. This underfunding is due in exodus of jobs, manufacturing and oth- on the bill and the weaker SEER 12 part to the recent decline in the stock mar- erwise. standard was allowed to stand. ket and low interest rates, but is also due to We are doing good work. My hope is demographic changes. For example, in 1980, Last year, I discussed options for re- there were four active workers for every one we will be able to finish this legislation instating the higher SEER 13 standard retiree in a multiemployer plan, but in 2002, this week and get on with our business but decided to hold off until the pend- there was only one active worker for every and allow employers to get on with ing court case was decided. As I said, I one retiree. theirs. was gratified to learn last week that (6) This pension plan underfunding is con- ENERGY EFFICIENCY FOR AIR CONDITIONERS the U.S. Circuit Court of Appeals for centrated in mature and often-declining in- Mr. CARPER. Mr. President, about a the Second Circuit had decided in favor dustries, where plan liabilities will come due week or so ago I learned that a U.S. sooner. of the original, more rigorous standard. (7) Neither the Senate Committee on Fi- circuit court of appeals, I believe for The court’s decision means that con- nance nor the Senate Committee on Health, the Second District, had released a de- sumers will be able to purchase energy- Education, Labor and Pensions (HELP), the cision that is a major victory for en- efficient air-conditioners that could committees of jurisdiction over pension mat- ergy efficiency. It offers significant cut electricity bills for them by over $1 ters, has held hearings this Congress nor re- savings for consumers of electricity. It billion per year. The administration ported legislation addressing the funding of is important for our Nation’s energy could decide to appeal the court’s deci- multiemployer pension plans; future. Finally, it will help to improve sion to the Supreme Court. I urge them (8) The Senate is concerned about the cur- the quality of air we breathe. rent funding status of the private pension today not to do so. system, both single and multi-employer Let me take a moment to talk more As we debate again and again the fu- plans; about this decision and its impact. To ture of energy policy, this court deci- (9) The Senate is concerned about the po- provide a bit of background, among the sion is one that should be embraced tential liabilities facing the PBGC and, as a U.S. Department of Energy’s respon- and encouraged, not appealed. We

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.035 S27PT1 S276 CONGRESSIONAL RECORD — SENATE January 27, 2004 should take every opportunity to in- erations are going to be comprised of Why was CBS ready to run those ads crease our energy security. This is one our children. a year ago, but won’t let MoveOn.org of those opportunities. Second, in those few words at the address the issue of the debt of Amer- I yield the floor and thank Senator close of the ad, it says President Bush ica that will be borne by our children? DURBIN for his consideration. and his administration have to accept CBS also runs ads by tobacco compa- The PRESIDING OFFICER. The Sen- responsibility for creating this debt—a nies and antismoking groups to advo- ator from Illinois. fact President Bush’s own budget docu- cate viewpoints on health. In fact, they CBS REJECTION OF MOVEON.ORG AD ments readily admit, a fact substan- are scheduled to run during the Super Mr. DURBIN. Mr. President, I thank tiated by President Bush’s programs of Bowl—ads from two different groups, the Senator from Delaware for his tax cuts for the wealthy. Everybody which are the American Legacy Foun- statement and for holding to the time with even a short-term memory recalls dation and Phillip Morris, which are limit he promised. He is a man of his that only a few years ago we were deal- basically antismoking adds. I fully support these ads. Some may view them as word. ing with a budgetary surplus under the controversial. But so what. If these air- Recently I learned that the CBS tele- Clinton administration. Now we are waves are truly the realm of the public vision network, which claims to be the deep in historic debt year after year to learn, why do we run away from a No. 1, most-watched network, with after year during the Bush administra- controversial ad even if it relates to a more than 200 affiliated stations, re- tion. To argue the Bush administration’s hands are clean when it comes to public health policy some disagree jected an ad for its upcoming Super with? Bowl broadcast that will be on Sunday. America’s debt defies common sense and history. So what is so controver- CBS also routinely runs a whole CBS’s explanation for rejecting this ad range of controversial, if not downright was that their network prohibited the sial about these unambiguous facts that our children will be inheriting a offensive, ads during the Super Bowl. showing of advertisements that take We have seen that CBS has no qualms stands on controversial public policy large national deficit created since the time President George W. Bush took about running ads featuring comely issues. young women mud wrestling while a So what was this controversial, dan- office? Since when has stating the truth—and obvious truth at that— couple of beer-drinking fellows look on. gerous ad which CBS is protecting Controversial? Perhaps to some, but American viewers from watching? turned out to be too controversial for America to witness? they will run those ads. It appears CBS Well, it was an ad sponsored by a non- executives consider it important to run profit organization called MoveOn.Org. Think about it for a moment. CBS was the network, 30 years ago, that not one, two, but three separate ads You can find it on your Web site at promoting drugs for sexual dysfunction MoveOn.Org. You can see the ad. This dared to put on a sitcom called ‘‘All in the Family.’’ In that sitcom about a during the Super Bowl. They believe in 30-second ad shows several children a national debate on such sexual prob- working unhappily in a variety of blue-collar, opinionated, rough-talking guy named Archie Bunker, we heard lems is more important to the public grownup jobs. interest than a discussion about the fu- When you go to the Web site and the reality of a family saying some things which, frankly, we had never ture of this Nation. In the CBS eye, bring up this ad, you can see a little sexual dysfunction is a topic families girl cleaning the floor of a commercial heard before on television. Can you imagine if these timid souls running with children can watch. But budg- building with music playing in the etary dysfunction, which our children background, a boy washing dishes at a from controversy at CBS today were asked to look at a pilot for a sitcom will pay for, is just too controversial, restaurant, another youngster working too hot to handle. with Archie Bunker? Frankly, I guess on an assembly line in a factory, an- So how does CBS define controversial they would force Archie Bunker to other fixing tires at an automobile content? Let’s take a look at what goes shop, and another collecting trash for wear a suit and tie and call Meathead into their thinking. Remember the se- the back of a truck. his beloved son-in-law. Otherwise, it ries on President Ronald Reagan? The The ad ends with this line: just might be too controversial, too CBS executives did a complete reversal risky for the American people. overnight and pulled the plug on the Guess who’s going to pay off President Maybe controversy is in the eye of Bush’s $1 trillion deficit? miniseries, ‘‘The Reagans,’’ after the beholder, and the eye of CBS now spending millions of dollars producing That is the controversial ad. The ad runs from controversy. Or maybe there it. We learned that the decision was that CBS doesn’t want America to see, is another dynamic at work. Maybe made after conservative Republicans which those who are following this de- network executives at CBS are so bate can go to MoveOn.org/cbs/ad and barraged the boardroom and executives afraid of political pressure from the and said we cannot run this, even see this ‘‘dangerous,’’ ‘‘controversial’’ rightwing and their business adver- ad that crosses the line, an ad which though we have not seen it. In fact, tisers who are in league with the right- CBS caved in, without the public ever CBS is going to protect the American wing politics of America that they are people from even getting a chance to having seen one single episode. afraid to put anything on the air that These are the same executives at see. These are some of the still photos might in fact make things uncomfort- from that ad showing kids in working CBS, incidentally, who, during 1999 and able. If that is the case, it is time for 2000 gave 98 percent of their soft money situations, and closing with one short CBS to announce the name of their tag line: political contributions to the Repub- network is the ‘‘conservative broad- lican Party. They decided this Guess who’s going to pay off President casting system’’ and come clean with MoveOn.org ad, which just might raise Bush’s $1 trillion deficit? American viewers. a question about President Bush’s poli- CBS is afraid of this ad. They are Look at the record, though. CBS has cies leading this Nation, and the deficit afraid if the American people see it, run controversial ads, many of which and debt our children face, those same they would be so caught up in the con- were good for America to see. Ads CBS executives said we don’t think we troversy of this ad, it would just be un- sponsored by the White House Drug ought to step into this controversial fair. Control Policy Agency confronted a area. Is it controversial? Is this ad too hot tough issue, maybe in controversial The major pharmaceutical compa- for network TV? Would America be terms to some, but ads that were im- nies, which will be running ads on traumatized and changed forever view- portant. The White House Drug Policy three different sexual dysfunction ing this dangerous, controversial, 30- ad that ran during last year’s Super drugs during the Super Bowl, have also second ad? Well, clearly not. This ad Bowl accused American drug compa- been consistently placed among the makes two factual assertions every nies of directly supporting inter- five top spenders on lobbying the Re- American knows to be true. First, it national terrorism that led to the tak- publican Congress and in soft money says we are facing a growing national ing of lives of American citizens. and PAC contributions to Republican debt, a debt exceeding $1 trillion, which Risky, edgy, controversial? Yes. Did we candidates. has to be paid off by future genera- have a right to see that as Americans? Now let’s connect all the dots be- tions. Guess what. Those future gen- You bet we did. cause there is something more direct

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.037 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S277 and topical behind this CBS decision, about excessive media consolidation, it real- station manager or register my com- from my point of view. These are the ly only addresses the concerns of special in- plaint with one group or the other. same executives at CBS who success- terests. It is no coincidence, my friends— Isn’t that what free speech in America fully lobbied this Congress to change And this is JOHN MCCAIN speaking— is all about? Not from CBS’s point of the FCC rules on TV station ownership that the 39 percent is the exact ownership view. From the CBS point of view, they to their corporate advantage. The pro- percentage of Viacom and CBS. Why did they will pick and choose what you can vision that was sneaked into the Omni- pick 39 percent? So that these two major watch. Ads for beer with young folks bus appropriation bill that passed last conglomerates would be grandfathered in, doing things which maybe you don’t week and has been signed by the Presi- purportedly, in order to reduce the media want your children to see—not con- ownership, which was voted down 55 to 40 in dent. It establishes a new ceiling of 39 troversial. Ads by pharmaceutical com- percent as the maximum percentage of the Senate. The fact is now they are endors- ing Viacom and CBS’s 39 percent ownership, panies for sexual dysfunction drugs you American TV viewers in a market that grandfathering them in because they should may not want your children to watch— may be reached by TV stations owned have been at 35 percent. not controversial. But an ad which says by any one company. Remember that In the words of Senator MCCAIN: that our children are going to pay off a number, 39 percent. Remarkable. $1 trillion national debt created by this Before the FCC adopted rules in June administration—over the line, way too to raise the cap to 45 percent, the cap It is clear from the examples, such as scandalous, way too controversial. was limited to 35 percent. Upset at the rejection of MoveOn.org’s ad, that Children and good American families what the FCC had done, a strong ma- CBS and other media companies are should not be subjected to that, in the jority in the House and Senate agreed dominant in a marketplace that exer- eyes of CBS. I certainly disagree. to roll back the FCC rule and take it cises vast influence over what the Broadcasters and executives running back down to 35 percent. Why is this American people can see on television. broadcast stations should remember important? The White House and the This is exhibit A in the case against that, first and foremost, they are jour- Republicans in this conference on this media concentration. nalists. They have a responsibility to Omnibus appropriation bill, with no Too much power has been given to the American people to speak the Democrats present, came up with a fig- media executives who now are going to truth, to give us the information and ure of 39 percent as the new cap—39 pick and choose and censor the content let us decide. They have a professional percent. What is so magic about 39 per- of political material which we as and ethical obligation to be fair and cent? Allow me to explain. This wasn’t Americans can see. They can decide on balanced, even if it means they have to chosen at random; it wasn’t a good- one hand that their friends will be fa- set aside their own political views and faith compromise. No, it just so hap- vored with ads and then reject ads crit- prejudices and perhaps—perhaps—just pens that Viacom, which owns CBS, ical of their political friends as just too once in a while, step on the toes of currently owns stations reaching 38.8 controversial for America to witness. their political allies and friends, even percent of American households, and That is exactly what they have done the ones who just handsomely re- Rupert Murdoch’s news corporation, on this MoveOn.org ad. CBS is able to warded them with the provision in the the owners of that ‘‘fair and balanced’’ reject MoveOn.org and anyone else Fox Network, owns stations reaching recent appropriations bill. whose views they disagree with because While broadcasters may wish to exer- 37.8 percent. the executives know there are thou- Interesting. Interesting that the cise their discretion in selecting ads sands of other companies standing in that would run afoul of a community’s White House and Republican leaders in line ready to pay for ads during the Congress pushed a provision in a spend- decency standards, broadcasters should Super Bowl. not and must not become censors of ing bill in the dark of night, without It all comes down to this: Through Democrats present, that benefited two content. That is the fundamental years of deregulation, we have created promise of the first amendment. It is corporations when it came to their a situation in America where massive ownership of television stations—Fox, wrong for the Government to censor media conglomerates, such as CBS, are content. It is wrong for corporate stew- which is a wholly owned subsidiary of operating without any effective over- the Republican Party, and now ards of our public airwaves to do so. sight and with little or no feeling of re- If you believe, after watching this ad Viacom, CBS. Both entities currently sponsibility to the public. violate the old FCC limitation. They by MoveOn.org, that CBS was wrong, It used to be people remembered that that CBS should have allowed this ad, needed this new language. They would the airwaves these TV stations use have been forced to sell off stations if which shows children at work and says, don’t belong to these TV stations, they their Republican friends in Congress in its closing frame, ‘‘Guess who’s don’t belong to the media giants, such and the White House had not come going to pay off President Bush’s $1 as Viacom, they don’t belong to CBS. through for them. trillion deficit?’’—if you think CBS So the White House and the congres- They belong to you, me, and every made a mistake, you have a right, as sional Republicans give CBS a signifi- American. We allow these companies an American, to contact them. You can cant corporate favor and CBS rewards to use the airwaves, and they make a write to them at: CBS Television Net- them by killing an ad critical of the fortune. We licensed them for that pur- work, 51 West 52nd Street, New York, Bush White House during the Super pose. We used to say, before the Reagan NY, 10019, or you can call them: (212) Bowl. Doesn’t that sound like a perfect administration changed the law: If you 975–4321. Ask to talk to the corporate subject for a ‘‘60 Minutes’’ investiga- are going to use America’s airwaves, executive who decided this ad was too tion? Oh, I forget. ‘‘60 Minutes’’ is a you have to be fair in the use of the controversial for your family to see. CBS program. I don’t think we are airwaves. The fairness doctrine was Make certain they understand, as I feel going to hear about this on ‘‘60 Min- thrown out. Now the only standard is and hope you feel, that America is utes.’’ I don’t think Mike Wallace and that they only have to serve the public ready for an ad which tells the truth, Lesley Stahl are going to be taking an interest. an ad which may be controversial in undercover camera into the board- It is such a vague term, ‘‘serve the the eyes of one political party but cer- rooms of CBS to find out what is going public interest,’’ that CBS, undoubt- tainly deserves to be aired so the pub- on there. edly, can get by with rejecting ads for lic can finally decide what is right and Listen to what our colleague, Sen- political reasons, such as their rejec- what is wrong. ator JOHN MCCAIN of Arizona, said tion of this MoveOn.org ad. But if the I hope the American people will not about this provision that was sneaked public interest standard is to mean sit idly by and watch as these media gi- into this bill at the last minute to ben- anything, it must require broadcast li- ants, such as CBS, become bigger, more efit Viacom and CBS, the biggest cor- censees to air diverse points of view on powerful, and decide just exactly what porate favor they could ever ask for. I issues of national interest. we as Americans will get to see on TV. am quoting my colleague, Senator It is all right for me as an American I urge everyone watching to call CBS JOHN MCCAIN, who said on the floor: to watch something on television with and remind the executive that you, the This provision is objectionable because which, frankly, I disagree. Maybe I American people, are the owners of the while purporting to address public concerns want to pick up the phone and call the American public airwaves.

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.039 S27PT1 S278 CONGRESSIONAL RECORD — SENATE January 27, 2004 For CBS, let me say this: The CBS 1986 is amended by inserting ‘‘, except that provision on taxes. We can’t do the bill eye has been closed to truth, closed to in applying section 1563 for purposes of sec- unless they do that. I have spoken to fairness, closed to presenting the facts tion 831(b)(2)(B)(ii), subparagraphs (B) and the Senators from Alabama and Mary- (C) of section 1563(b)(2) shall be disregarded’’ honestly to the American people. CBS land, Senator SARBANES and Senator before the period at the end. HELBY has a great legacy. It is a storied name (c) CONFORMING AMENDMENT.—Clause (i) of S . They are going to mark their when it comes to public information in section 831(b)(2)(A) of the Internal Revenue provision up on Tuesday as it deals America. This chapter is sad and dis- Code of 1986 is amended by striking ‘‘exceed with mass transit. graceful. $350,000 but’’. I hope this most important bill, cre- Mr. President, I yield the floor. I sug- (d) EFFECTIVE DATE.—The amendments ating hundreds of thousands, if not gest the absence of a quorum. made by this section shall apply to taxable millions, of jobs over the next 5 years The PRESIDING OFFICER. The years beginning after December 31, 2003. can be completed before we go for our clerk will call the roll. SEC. ll. DEFINITION OF INSURANCE COMPANY break in the middle of February. The legislative clerk proceeded to FOR SECTION 831. Mr. GRASSLEY. Mr. President, I as- call the roll. (a) IN GENERAL.—Section 831 of the Inter- sociate myself with the remarks the Mr. GRASSLEY. Mr. President, I ask nal Revenue Code of 1986 is amended by redesignating subsection (c) as subsection (d) distinguished assistant Democratic unanimous consent that the order for and by inserting after subsection (b) the fol- leader just made about the highway the quorum call be rescinded. lowing new subsection: bill. It is one of the most important The PRESIDING OFFICER (Mr. ‘‘(c) INSURANCE COMPANY DEFINED.—For jobs bills we can have before the Sen- CRAPO). Without objection, it is so or- purposes of this section, the term ‘insurance ate this year. It should have been done dered. company’ has the meaning given to such last year. We couldn’t get it done. But AMENDMENT NO. 2261, AS MODIFIED, TO term by section 816(a)).’’. we can do that now and the Senate is AMENDMENT NO. 2233 (b) EFFECTIVE DATE.—The amendment committed to that. I think the leader- Mr. GRASSLEY. Mr. President, I ask made by this section shall apply to taxable years beginning after December 31, 2003. ship in the House is committed to it. unanimous consent that the Kyl Obviously, we need to get it done. amendment be temporarily set aside SEC. ll. On page 12, line 5, before ‘‘or’’ insert ‘‘or I thank the Senator from Nevada. and, further, that the Senate now pro- the mining or processing of iron ore or f ceed to the consideration of amend- beneficiated iron ore products,’’. MOULIN ROUGE HOTEL AND ment No. 2261, as modified, which is at On page 16, line 18, before ‘‘or’’ insert ‘‘or the desk. I further ask consent that the the mining or processing of iron ore or CASINO amendment be agreed to and the mo- beneficiated iron ore products,’’. Mr. REID. Mr. President, March 24, tion to reconsider be laid upon the SEC. ll. FUNDS FOR REBUILDING FISH STOCKS. 1955, was a significant date in the his- table. Section 105 of the Miscellaneous Appro- tory of Las Vegas. That date marked Mr. REID. No objection. priations and Offsets Act, 2004 (division H of the opening of Nevada’s first racially The PRESIDING OFFICER. Without the Consolidated Appropriations Act, 2004) is integrated hotel—the Moulin Rouge objection, it is so ordered. repealed. Hotel and Casino. The amendment (No. 2261), as modi- Mr. GRASSLEY. Mr. President, I ask At that time, the city of Las Vegas fied, was agreed to, as follows: unanimous consent that when the Sen- was already earning international rec- (Purpose: To extend transfers of excess pen- ate resumes consideration of the pen- ognition as an entertainment and re- sion assets to retiree health accounts, and sion rate bill tomorrow, there be 30 sort mecca. However, black enter- for other purposes) minutes of debate equally divided be- tainers performing in Las Vegas were At the appropriate place add: tween the chairman and ranking mem- not allowed to stay in the hotels where SEC. ll. EXTENSION OF TRANSFERS OF EXCESS ber or their designees, with an addi- they performed, nor were they allowed PENSION ASSETS TO RETIREE tional 10 minutes under the control of HEALTH ACCOUNTS. to enter the casinos or restaurants on Senator KYL. I further ask consent (a) AMENDMENT OF INTERNAL REVENUE CODE the Las Vegas Strip. Instead, enter- OF 1986.—Paragraph (5) of section 420(b) of that following the use or yielding back tainers such as Sammy Davis Jr., Nat the Internal Revenue Code of 1986 (relating of the time, the Senate proceed to a ‘‘King’’ Cole, and Lena Horne were to expiration) is amended by striking ‘‘De- vote in relationship to the Kyl amend- forced to seek accommodations in local cember 31, 2005’’ and inserting ‘‘December 31, ment No. 2236; provided further, that boarding houses. 2013’’. following the disposition of the Kyl The Moulin Rouge changed all that. (b) AMENDMENTS OF ERISA.— amendment, the Senate then proceed When the Moulin Rouge opened, it im- (1) Section 101(e)(3) of the Employee Re- to a vote on the adoption of the Grass- tirement Income Security Act of 1974 (29 mediately became the night spot for U.S.C. 1021(e)(3)) is amended by striking ley amendment No. 2233, with no inter- top stars such as Davis, Harry ‘‘Tax Relief Extension Act of 1999’’ and in- vening action or debate. Finally, I ask Belafonte, and Frank Sinatra. They serting ‘‘Pension Stability Act’’. consent that following the disposition were joined by Ella Fitzgerald, Lionel (2) Section 403(c)(1) of such Act (29 U.S.C. of that amendment, the bill be read a Hampton, Count Basie, Bob Hope, 1103(c)(1)) is amended by striking ‘‘Tax Relief third time and the Senate proceed to a Tallulah Bankhead, Louis Armstrong, Extension Act of 1999’’ and inserting ‘‘Pen- vote on passage of the bill, again, with and many more. sion Stability Act’’. no intervening action or debate. When shows on the Strip ended, en- (3) Paragraph (13) of section 408(b) of such The PRESIDING OFFICER. Without Act (29 U.S.C. 1108(b)(3)) is amended— tertainers and their followers flocked (A) by striking ‘‘January 1, 2006’’ and in- objection, it is so ordered. to the Moulin Rouge where they would serting ‘‘January 1, 2014’’, and Mr. REID. Mr. President, if my friend continue performing into the wee hours (B) by striking ‘‘Tax Relief Extension Act from Iowa will yield, I express my ap- of the morning. of 1999’’ and inserting ‘‘Pension Stability preciation, for the Senate and the staff, The hotel became home to black en- Act’’. to the leader for getting us out of here tertainers headlining on the Strip, and SEC. ll. CLARIFICATION OF EXEMPTION FROM as early as possible. The weather is a venue where they performed, along- TAX FOR SMALL PROPERTY AND treacherous. There was a meeting at side their white peers, to audiences of CASUALTY INSURANCE COMPANIES. the White House that prevented us (a) IN GENERAL.—Section 501(c)(15)(A) of all races. the Internal Revenue Code of 1986 is amended from getting out earlier. For everyone, The Moulin Rouge closed in October to read as follows: I express my appreciation to the leader of 1955, just 6 months after its cele- ‘‘(A) Insurance companies (as defined in for adjourning at this time. brated opening. However, its impact section 816(a)) other than life (including Senator INHOFE and I just finished a lived on. Other Las Vegas hotels began interinsurers and reciprocal underwriters) very constructive conversation. I have their own efforts at desegregation. And if— spoken to Senator JEFFORDS and to when the civil rights movement ‘‘(i) the gross receipts for the taxable year Senator BOND. We feel very good about reached full swing in early 1960, the old do not exceed $600,000, and ‘‘(ii) more than 50 percent of such gross re- moving forward on the highway bill Moulin Rouge became the site of an ceipts consist of premiums.’’. next week. I know the chairman of the historic meeting between Governor (b) CONTROLLED GROUP RULE.—Section Finance Committee is here. They are Grant Sawyer, leaders in the African- 501(c)(15)(C) of the Internal Revenue Code of going to meet on Monday to work on a American community, and Las Vegas

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.041 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S279 hotel operators. The meeting resulted brave young man from Edinburgh, IN. cause in which we are engaged, and the in an agreement by resort operators to CWO2 Brian D. Hazelgrove, 29 years unfortunate pain that comes with the end their segregation practices, and to old, died outside of Mosul, Iraq, on Jan- loss of our heroes, I hope that families make their casinos, restaurants, and uary 23, 2004, after his Kiowa Warrior like Brian’s can find comfort in the hotel rooms accessible to all people re- helicopter crashed while returning words of the prophet Isaiah who said: gardless of race. from a combat mission. Brian joined He will swallow up death in victory; and The ‘‘Moulin Rouge Agreement’’ the Army with his entire life before the Lord God will wipe away tears from off made national news, and the building him. He chose to risk everything to all faces. has since been listed on the National fight for the values Americans hold May God grant strength and peace to Register of Historic Places. It is a liv- close to our hearts, in a land halfway those who mourn, and may God bless ing symbol and tribute to the struggle around the world. us all. for equality and civil rights. Over the Brian was the 24th Hoosier soldier to TRIBUTE TO SGM PHILIP ALBERT years, a number of owners tried to be killed while serving his country in Mr. DODD. Mr. President, I rise in bring the Moulin Rouge back as a via- Operation Iraqi Freedom. Brian leaves tribute to U.S. Army SGM Philip Rob- ble resort, but none was ultimately behind his father, Ron; his wife, ert Albert, of Plymouth, CT, who lost successful. Then, last year, a tragedy Kimmi; his half brother, Brad; and his his life on duty in Afghanistan on No- occurred. On May 29, 2003, one day be- children, Taylor, Zachary, Brandon, vember 23, 2003. He was 41 years old. fore a new owner was scheduled to take and Katelyn. May Brian’s children Sergeant Major Albert, a member of over the property, an arsonist’s fire grow up knowing that their father gave the 2nd Battalion of the 87th Infantry ravaged the casino. The three-alarm his life so that young Iraqis will some Regiment, 10th Mountain Division, was blaze destroyed many irreplaceable his- day know the freedom they enjoy. killed along with four other soldiers in toric photos and relics, including the Today, I join Brian’s family, his a helicopter crash in northeastern Af- famous Moulin Rouge wall mural and friends, and the entire Edinburgh com- ghanistan. His service to his country its unique mahogany bar. munity in mourning his death. While will not be forgotten. Miraculously, the entire front facade we struggle to bear our sorrow over his Philip Albert was a career military and the historic Moulin Rouge neon death, we can also take pride in the ex- man. He enlisted in the Army after sign survived the fire, along with the ample he set, bravely fighting to make graduating high school at 18 years of original tile-covered columns and the the world a safer place. It is this courage, and he never looked back. He signature tower. These structures, age and strength of character that peo- fought in the first gulf war in 1991 and along with the original hotel building ple will remember when they think of was serving his second tour of duty in which also survived, will provide the Brian, a memory that will burn bright- Afghanistan. Sergeant Major Albert foundation from which a new Moulin ly during these continuing days of con- was on the front lines in the war on Rouge will rise. flict and grief. terror, searching the mountains of Af- This year marks the 40th anniversary Brian graduated from Edinburgh ghanistan for members of al-Qaida and of the landmark Civil Rights Act of High School in 1994, where he played on the Taliban, protecting coalition forces 1964, so it seems fitting to announce the basketball team. Friends and fam- as well as the Afghan people. that the Moulin Rouge, a symbol of ily members remember Brian for the Like so many of the men and women civil rights change in Las Vegas, will love he shared with his entire family, who serve in our Armed Forces, Philip rise from the ashes. his energetic personality and his un- Albert didn’t consider himself a hero. The Moulin Rouge Development Cor- failing sense of humor. His half brother For him, putting his life on the line for poration, which was stymied in its ef- Brad spoke for all who were blessed to his country was simply part of his forts to purchase the hotel by the trag- have known Brian when describing him job—a job he did with dignity, courage, ic fire, will soon finalize purchase of to the Indianapolis Star as ‘‘just a joy and honor. the property. This Thursday, January . . . the guy was amazing.’’ Sergeant Major Albert’s devotion to 29, the company will publicly announce After joining the Army in 1994, Brian his country was matched only by his its plans for the new Moulin Rouge. began his military career in intel- love for his family. The youngest of 8 These plans call for restoration of ligence. He later became a helicopter siblings, he enjoyed the company of his the original facade and the original pilot, serving with the 3rd Squadron, brothers and sisters, and he was espe- hotel, along with construction of a new 17th Air Cavalry Regiment from the cially fond of the time he spent with hotel, casino, and shopping mall. This 10th Mountain Division at Fort Drum, his many nieces and nephews. new facility will include museum ex- NY. Prior to Brian’s service in Oper- In recent years, Sergeant Major Al- hibits, provided by the Moulin Rouge ation Iraqi Freedom, he also served two bert had spoken with his family and Museum and Cultural Center, that cel- tours of duty in South Korea. He was friends about the possibility of retiring ebrate the history of the property and deployed to the Middle East in Novem- from the Army. But it was difficult for the achievements of minority leaders, ber. an individual like Philip Albert to entertainers, and other pioneers of the As I search for words to do justice in walk away from the job he loved. After civil rights era. honoring Brian’s sacrifice, I am re- he witnessed the horrific attacks of I congratulate Dale Scott, Rod minded of President Lincoln’s remarks September 11, he must have decided Bickerstaff, Chauncey Moore, and as he addressed the families of the fall- that America could use his experience, other officials of the Moulin Rouge De- en soldiers in Gettysburg: his dedication, and his service. Because velopment Corporation for their vision We cannot dedicate, we cannot consecrate, once again, when his country called on and hard work in bringing forth this we cannot hallow this ground. The brave him, Philip Albert answered the call. proposal. men, living and dead, who struggled here, Philip Albert perished just a few days It has been a long road. But those of have consecrated it, far above our poor before Thanksgiving. The Thanks- us who love history are delighted that power to add or detract. The world will little giving holiday will obviously have a the Moulin Rouge will be saved, and note nor long remember what we say here, very different meaning for his family that its famous neon sign will shine but it can never forget what they did here. and friends for many, many years to once again. It will serve as a reminder This statement is just as true today come. But I would like them to know of how far we have come, and how as it was nearly 150 years ago, as I am that each and every one of us in the much remains to be done. certain that the impact of Brian’s ac- Senate—and indeed every single Amer- f tions will live on far long than any ican—owes a tremendous debt of record of these words. thanks to Philip Albert. HONORING OUR ARMED FORCES It is my sad duty to enter the name It is people like Sergeant Major Al- CHIEF WARRANT OFFICER TWO BRIAN D. of Brian D. Hazelgrove in the official bert who make it possible for us to live HAZELGROVE record of the U.S. Senate for his serv- each and every day in freedom, peace, Mr. BAYH. Mr. President, I rise ice to this country and for his profound and security. It is their sacrifices, in today with a heavy heart and deep commitment to freedom, democracy lands thousands of miles away, that sense of gratitude to honor the life of a and peace. When I think about this just keep us safe here at home. We must

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.044 S27PT1 S280 CONGRESSIONAL RECORD — SENATE January 27, 2004 never forget those sacrifices—espe- OMNIBUS APPROPRIATIONS joined together and it has since swept cially those of people like Philip Albert Mr. LEAHY. Mr. President, I see my through the neighborhoods in Arkan- who have left us with a debt we can good friend from Kentucky on the sas. Its members said enough to the never repay. floor, and I want to take this moment homicides plaguing our streets, enough I offer my deepest sympathies to to clarify a couple of funding issues in to the violence in our schools and Philip Albert’s family, and to everyone the Foreign Operations portion of the homes and enough to standing by to who knew and loved him. Omnibus Appropriations bill. watch our communities crumble. Members of the community saw that IN MEMORY OF PFC JEFFREY BRAUN I notice that the conference report is although African Americans comprised Mr. President, I also rise to speak in silent on the issue of funding for Laos. 12 percent of the national population, a memory of PFC Jeffrey Braun, of Staf- Is it the chairman’s intention that the staggering 45 percent of all murder vic- ford, CT, who was killed in Iraq on De- administration should implement the language contained in the Senate For- tims in 2002 were black. A resounding cember 11, 2003. He was 19 years old. 91 percent of those murders were inci- eign Operations Appropriations Report, Private Braun was truly an inspira- dents of black on black crime. 108–106? tion to everyone who knew him. He Homicide was and is still literally Mr. MCCONNELL. I thank the Sen- joined the Army shortly after the at- tearing apart African-American fami- ator from Vermont. Before I respond, I tacks of September 11, motivated by a lies, serving as the leading cause of was wondering if he could take a mo- desire to be part of the global cam- death for black men ages 15 to 24, and ment to read the Senate report lan- paign to rid the world of terror. After the second leading cause of death for guage for the benefit of our colleagues. completing his senior year at Stafford black women of the same age group. Mr. LEAHY. I would be happy to. It High School in 2002, he became a para- Black-on-black crime remains an epi- reads: trooper in the 82nd Airborne Division. demic, having a devastating impact on Jeff Braun’s heroic sacrifice in Iraq The Committee recommends that USAID our families and ultimately compro- will never be forgotten. But in the provide $2,000,000 in Child Survival and Health Programs Fund and Development As- mising the safety and quality of life in words of a friend, Adrian Scarpa, ‘‘He sistance to Laos—one of the world’s poorest my great State of Arkansas. was a hero even before he went over.’’ and most repressive countries—through non- One year ago this month, community No matter what he did, Jeff Braun governmental organizations. The Committee leaders, faith leaders, government offi- was always striving to be part of some- intends that these funds will not be used to cials, community organizations, and thing greater than himself. At Stafford offset or substitute INL funding that would businesses did more than just say High School, wherever you looked, you otherwise go to Laos. enough is enough. They formed the could find Jeff Braun. He played soccer, The Committee is concerned by the actions Black on Black Crime Coalition to in- of the regime in Laos, which continues to be form and educate the citizens of Little wrestled, and ran track. He sang, acted responsible for serious human rights abuses. in school plays, and was active in local The Committee is also concerned by the re- Rock about black-on-black crime, but community service projects. cent detention and trial of an American cit- also to implement programs and initia- Jeff’s friends and family members izen and two foreign journalists in Laos. tives to reduce homicides, reduce vio- knew him as a young man who always While the Committee is pleased that these lent crimes and take back their streets had a kind word, a smile, and an out- individuals have recently been released, it is and neighborhoods. going and infectious sense of humor. deeply troubled that the fate of four Laotian I am proud to be a partner of this co- He would make friends with classmates citizens accompanying the journalists is still alition, to join with coalition members unknown. who were lonely. He would give away and its wide array of partners and raise his own lunch to students who didn’t Mr. MCCONNELL. As I know my public awareness about black-on-black have any. friend from Vermont is particularly in- crime. The coalition has spent its first Jeff Braun was a fascinating person, terested in this issue, it would be both year creating and supporting interven- and he had a fascinating life story. He accurate and fair to say that it is our tion and mentoring programs, con- was born in the village of San Pedro collective intention that this language ducting workshops for community or- Sula in Honduras. When he was 6 be implemented. ganizations, supporting neighborhood Mr. LEAHY. I am pleased we are in months old, he was adopted by Mere- associations, implementing youth pro- agreement. As I know of your strong dith and William Braun, who brought grams and lobbying elected officials to interest in the region, I hope we can him to Stafford. He came to love his implement policies for effective continue to work together to support adopted country so much that he change. The coalition is working United States funded programs joined its armed forces. But he also through the statistics, trying to under- through Southeast Asia. shared a deep and meaningful connec- stand the systemic causes, determining Mr. MCCONNELL. I look forward to tion with his homeland. Even while in the solutions and reversing this epi- our continued cooperation, and urge Iraq, Jeff was actively pursuing his demic that is stealing away our future the State Department and USAID to dream of building an orphanage in his leaders. meet with our respective staffs to dis- This January, in Arkansas, we cele- native Honduras. It’s a dream that cuss countries of particular concern, brate Black on Black Crime Prevention Jeff’s parents have said they will strive including Laos, Vietnam, Cambodia, Month. The coalition has organized a to make a reality. Thailand, and Burma. month filled with ceremonies, round- Jeff didn’t have to enlist in the mili- Mr. LEAHY. On the issue of Burmese table discussions, town meetings, and tary. But with his enthusiasm, his gen- refugees along the Thailand-Burma prayer to help meet its mission. By all erosity, his spirit, and his character, he border, is it the chairman’s expectation means, these efforts are contributing simply couldn’t stay on the sidelines that funds from the ERMA account to a better understanding of the chal- and watch as his fellow countrymen should be used to provide funding for lenges that Arkansas’ black commu- fought overseas in defense of freedom. these refugees? nities face each and every day, but we Jeff saw a job that needed to be done— Mr. MCCONNELL. Yes, it is. The sit- are also learning and implementing and he knew that he had to be a part of uation on the Burma-Thailand border strategies to beat back and overcome it. is disturbing, and if sufficient funds these challenges. I join the town of Stafford, the State cannot be found from the MRA budget As the former attorney general of my of Connecticut, and the entire United then the administration should con- State, I have worked closely with law States Senate in mourning the loss of sider using ERMA funds to ameliorate enforcement officers and the commu- Private Jeffrey Braun, a truly remark- this situation. nity to make Arkansas a safer place to able individual who was taken from us Mr. LEAHY. I thank the Chairman. live and raise a family. As a Senator, I far, far too soon. f have continued to fight for legislation, I offer my deepest sympathies to programs, technology and budgets to Jeff’s parents William and Meredith, to BLACK ON BLACK CRIME accomplish this goal. And I pledge to his sister Julie, his entire family, and PREVENTION MONTH continue this commitment. the many, many people whose lives Mr. PRYOR. Mr. President, 1 year It is a tremendous responsibility that were touched by Jeff Braun. ago this month, a powerful new force the Black on Black Crime Coalition

VerDate jul 14 2003 01:12 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.024 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S281 has accepted. I commend the members more disconcerting that 57 leaders of ADDITIONAL STATEMENTS of this coalition for their dedication the countries in the Islamic conference and teamwork, and congratulate them stood and applauded his speech. for several meaningful and successful Mahatir’s rhetoric was both ignorant CONGRATULATIONS TO HOSKINS events during this year’s Black on and dangerous. COIN AND JEWELRY ∑ Black Crime Prevention Month and for Even while these two events splashed Mr. BUNNING. Mr. President, I pay their unyielding efforts throughout the the front pages of newspapers world- tribute and congratulate Mr. and Mrs. year. wide, numerous other incidents that Charles and Doris Hoskins of Paducah, f hardly received notice caused irrevers- KY on their dedication and entrepre- ISRAEL’S DESIGNATION OF JANU- ible damage all the same. neurial spirit in their 50th year of business at Hoskins Coin and Jewelry, Inc. ARY 27, 2004 AS ‘‘NATIONAL DAY During an exhibit held in Australia TO COMBAT ANTI-SEMITISM’’ Mr. and Mrs. Hoskins opened busi- last month called ‘‘Courage to Care,’’ ness together in 1953, selling mostly Mr. LEVIN. Mr. President, today, two extremist groups sprayed a mu- furniture in downtown Paducah, KY. people in Israel and around the world seum with anti-Semitic and racist slo- Mr. Hoskins, building on his military are joining in solidarity to commemo- gans and covered it with swastikas. service in World War II, joined the Pa- rate January 27, 2004, as a ‘‘National This was an exhibit that commemo- ducah police force and served for the Day to Combat Anti-Semitism.’’ At a rated Australian survivors of the Holo- next 16 years. Meanwhile, Mrs. Hoskins time when many Jewish communities caust. The criminals also left papers at ran their small business and kept its are facing a rising tide of anti-Semi- the scene that portrayed a skull and books. tism, it is important that all people of crossbones and said, ‘‘Death to Israel.’’ Over the last few decades, their busi- goodwill work together to educate and In an attack in a suburb of Paris that ness has flourished an evolved. This fight anti-Semitism. This insidious coincided with the synagogue bombings small family business looked for oppor- form of hatred has lingered in this in Turkey, a Jewish school was set on tunities to expand—moving to a larger world for so long that it has been fire. Just a month earlier in Paris, a location down Third Street. Following dubbed ‘‘the longest hatred.’’ rabbi was verbally and physically at- the passions of Mr. and Mrs. Hoskins, Today marks the 64th anniversary of tacked on his way to synagogue. In Oc- the store started to buy and sell coins, the liberation of Auschwitz. While six tober, tombstones in a Jewish ceme- estate jewelry and eventually began to decades have passed since the geno- tery east of Berlin, Germany, were de- offer a full line of retail jewelry. cidal regime of Adolf Hitler fell, the ur- faced by vandals who painted swastikas Hoskins Coin and Jewelry, Inc. is gency of combating anti-Semitism has and anti-Semitic statements such as now a staple of downtown Paducah. never ceased. In the past year, numer- ‘‘you got what you deserved,’’ and Their children, Ronnie and Linda Hos- ous anti-Semitic acts have occurred ‘‘Heil Hitler.’’ kins Duff, work alongside their parents across the world. In many European who have even found room for grandson countries, including several countries The United States has not been free from such attacks, either. Earlier this Brent Hoskins to work part-time. that are amongst our closest allies, the Local residents walk into this families frequency of anti-Semitic attacks are year, a Holocaust Museum in Terre Haute, IN, was destroyed by arson, store looking for a special gift, to learn increasing. Jewish cemeteries, schools, about the latest coin they have found synagogues, and individuals have been with only the words ‘‘Remember Timmy McVeigh,’’ left behind. or just to talk about the community. the center of an increasing number of This small family business is a shining violent incidents. In April 2002, I joined with 99 of my example of one of the many small busi- These targets have essentially re- colleagues in sending a letter to Presi- nesses that form the local economic mained the same over the millenia. dent Bush that requested that he and foundations in Kentucky. Such attacks seek to intimidate and his administration ‘‘make every effort Thank you, Charles and Doris, for threaten individuals and desecrate in- possible to raise, at the highest level, your commitment to the city of Padu- stitutions. We face an increasing array our concerns about anti-Semitic acts cah and your entrepreneurial spirit. I of groups who would perpetrate these in Europe and anti-Semitic portrayals have sincere appreciation for your acts. in the Arab media.’’ work. I wish you and your family con- In November 2003, people across the I was heartened by German Foreign tinued success and happiness.∑ world were horrified when suicide Minister Joshka Fischer’s statement at f bombers targeted two synagogues in a conference on anti-Semitism last fall Istanbul, Turkey. At least 25 people TRIBUTE TO THE SPIRIT OF IDAHO that, we are firmly committed to coun- AWARD RECIPIENTS were killed and almost 300 people, both tering every kind of anti-Semitism, ∑ Jewish and Muslim, were wounded. One every kind of racism and xenophobia.’’ Mr. CRAPO. Mr. President, today I of the synagogues was Neve Shalom, In addition, French Prime Minister honor over 158 individuals and organi- the center of Turkey’s Jewish commu- Chirac announced that ‘‘attacking a zations working every day to make nity. This crowded congregation was Jew in France is an attack on all of Idaho a great place to live. I’m talking celebrating a young boy’s Bar Mitzvah France.’’ Such remarks fully acknowl- about the recipients of the Spirit of at the time of the bombing. This at- edge the threat posed by anti-Semi- Idaho Award. I created this award al- tack was, without question, a specific tism. Anti-Semitism is not merely the most 3 years ago to recognize and bring and politically charged choice, given enemy of Jews. It is the enemy of tol- attention to the many deeds of service Turkey’s close ties with Israel, the erance, freedom and openness; the very that happen in local Idaho commu- United States and NATO as well as its core values of all democracies. nities that are not always recognized commitment to democracy. by the media or the general public. Re- Another widely reported anti-Se- Attacks on one religion, race or eth- cipients of this award improve lives mitic act came a month earlier when nicity threaten all of us. We have every day with their selfless giving and former Malaysian Prime Minister learned that when hatred is allowed to shining examples. I would like to take Mahatir Muhammed stated that, ‘‘The fester and grow, it can spread with a a moment today and recognize each of Europeans killed 6 million Jews out of frightening degree of rapidity and these outstanding individuals. 12 million. But today the Jews rule this virulence. It is imperative that the Kamrud Jacobson delivers news- world by proxy. They get others to global community work to address not papers in Twin Falls. While completing fight and die for them.’’ That a leader only the continuing prevalence of anti- his route one day, Kamrud noticed un- would make allusions to a worldwide Semitism, but also hatred against all usual smoke coming from the chimney Jewish conspiracy, one of the foremost religious and ethnic minorities. of a nearby house. He quickly asked a claims of anti-Semitic hatred, is par- I hope all my colleagues will join neighbor to call 911. The Fire Depart- ticularly appalling. It is unconscion- with me in commemorating Israel’s ment responded and put out a growing able to think that a longtime leader of ‘‘National Day To Combat Anti-Semi- house fire. Kamrud’s vigilant actions a sovereign nation would fan the tism,’’ and in rededicating their com- effectively saved the house from burn- flames of hatred and recrimination mitment to fight hatred wherever it ing to the ground. Kamrud’s efforts against people of the Jewish faith. It is may be found. embody the qualities of service and

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.010 S27PT1 S282 CONGRESSIONAL RECORD — SENATE January 27, 2004 selflessness the Spirit of Idaho award in need through her constant, dedi- recognizes outstanding scholar athletes hopes to recognize. cated service. I commend her for her based on academic performance, ath- Alex and Jay Phelps are truly life- caring. letic excellence, leadership, and com- savers for one woman. The two, who Gail Chumbley and her students at munity service. With over 19,000 appli- deliver newspapers in Twin Falls, no- Eagle High School in Boise have cants and just 25 recipients, Pete’s ticed several newspapers piling up at a worked diligently to honor Idaho vet- award is quite an honor. His activities particular house on their route. Con- erans. Ms. Chumbley has spearheaded a and honors, which are nearly too nu- cerned by this development, the boys local effort to document the personal merous to mention, include National explained the situation to their moth- histories of a number of Idaho veterans Honor Society, High School Seminary er, who then contacted authorities. through classroom assignments where President, Eagle Scout, numerous The boys were right to be concerned; students interview veterans. Her work wrestling championships, and the U.S. the resident of the house had had a has earned the notice of the VFW and Marine Corps Distinguished Athlete stroke and was in need of medical care. the Idaho State Historical Society Li- Award. As a result of the efforts of these two brary and Archives, among others. Pam Davison of Malad works for the boys, the resident was rescued and re- Chumbley and her students also con- USDA Rural Development office in ceived medical care. ducted a drive to raise money for the Blackfoot and has spent many hours Ten members of the Wood River Win- national World War II veteran’s memo- working with Southeast Idaho senior ter Recreation Coalition in Sun Valley rial to be built on the Capitol Mall in citizens to improve their homes under worked together for hundreds of hours Washington, DC. Through her work in- a Federal self-help program. Through on a volunteer basis to offer a commu- troducing so many Idaho veterans to the program and Pam’s dedicated nity-based, historic recreation agree- Idaho school children, Gail Chumbley work, seniors have been able to win- ment that will be implemented in the honors herself, her profession, and all terize their homes and save money on Sawtooth National Forest. The mem- of Idaho’s veterans. In addition, her energy bills. In times of tight budgets bers crafted what is often extremely students have demonstrated a respect and rising energy prices, the help Pam difficult to create: a collaborative solu- for past sacrifices and service, and in has provided to our seniors is invalu- tion to a perplexing problem. Both user so doing have enriched their edu- able. groups and our forest are the bene- cational experience. Jay Heuser of Preston has worked ficiaries of the Coalition’s outstanding Students at Eagle High School in diligently in economic development for work. Boise went the extra mile to help the the city of Preston. His outstanding Barbara Dehl of Nampa authored and less fortunate during a recent Christ- projects include a business incubator, lobbied the Idaho State Legislature mas season. The Salvation Army en- new water tank, and city industrial and the U.S. Congress for passage of listed the help of local high schools park improvements. Jay has been a ‘‘Cassie’s Law,’’ a law intended to pre- during their Christmas food drive. dedicated public servant, serving as vent abusive dating relationships, as Eagle High’s generosity was clear as mayor, and improving the lives of the well as assist victims of such abuse. they took in the most poundage of all residents of Preston. Ms. Dehl courageously battled for this the local high schools. These students Rosa Moosman of Montpelier is the legislation at both the State and Fed- coupled their feelings of compassion editor and manager of The News Exam- eral level after the tragic death of her with actions of kindness. iner. Rosa has reported on lumber and daughter Cassie in December of 1999. Kyle Enzler of Eagle completed a Forest Service issues in a professional She has been the catalyst behind im- cross-country bicycle trip to raise and polished manner for the commu- portant progress in the fight against money and awareness for needy chil- nity. In a State with a large lumber in- violence. dren around the world. Enzler is the dustry, this reporting has been an in- Idaho Working Partners, through founder and organizer of Trek for Kids, valuable public service. She has also Janet Miller their State Chairwoman, the foundation behind his cross-coun- been a great example for journalists are models of community service, as- try trek. His journey covered over 4,500 statewide. sisting numerous organizations in and miles in 15 weeks, raising over $1,000 Jensen Lumber Company of Montpe- around Boise. The Salvation Army, the for the cause. Kyle is a great example, lier uses small-diameter timber in pro- Hope House, and the Booth Family choosing to make meaningful contribu- ductive ways. A necessary component Center, to name a few, have all been tions in fighting the world’s problems. of healthy national forests is the helped. Food drives, donations for flood Sherrill and James Cooper of Lewis- thinning of these small trees, and Jen- ravaged areas, and Christmas projects ton are saints to numerous children sen Lumber has put these trees to good for the needy have been just a few of they have taken in through over 30 use. In doing so, they have made great the outstanding projects engaged in by years of caring for young people in economic contributions to the commu- Idaho Working Partners. They are to need. Children have arrived at their nity. be commended for their efforts. house in Lewiston Orchards at all Heritage Safe Company is a model to Dr. Dan Prinzing, Social Studies and hours lonely, frightened, traumatized, many businesses, and an economic Curricular Materials Coordinator for angry, sometimes hurt and the Coopers force in the community of Grace. Her- Idaho’s State Department of Education have opened their doors and hearts. itage Safe started as a small business and a former teacher for the Boise These wonderful people have also been in a small town. However, it is quickly School District, is Idaho’s first contact recognized with the Angels in Adoption becoming one of the country’s largest for projects, scholarships, and special award for their work in this critical makers of gun safes. Heritage Safe programs in areas of civics, U.S. his- labor of love. Company is recognized for its economic tory and government, economics, and Blaine County Senior Center of contributions to the community. responsible citizenship. Dr. Prinzing is Hailey was honored for the work of After the terrorist attacks on Sep- also an advocate for the need to im- their senior citizens on behalf of tember 11, 2001, Idaho Red Cross volun- prove international education for Ida- KidShop, an after school program in teers responded by the dozens. These ho’s students, and works closely with a the Blaine County School District. The selfless life-savers provide relief to vic- variety of civic organizations to pro- seniors raised $5,000 through the Fes- tims of disasters and help people pre- mote student involvement in programs tival of Trees to provide healthy vent, prepare for, and respond to emer- focusing on an understanding of the snacks to the children. The endeavor gencies. In times of need, these individ- U.S. Constitution and state and federal was also very successful in bridging the uals have come forward to help. These laws. generation gap and allowing ‘‘juniors volunteers included: Richard Kaylor, Jackie Phelps has been an exemplary and seniors’’ to get to know one an- Mary Wolf, Cheryle Andrews, Glenda volunteer with Meals on Wheels in other. Each of these seniors is to be Loomis, Cindy Bahora, Allison Mallow, Boise. For many years, she has deliv- commended for supporting this very Marlene Bailey, Jim Manring, Marva ered meals to shut-in seniors who important endeavor. Barnes, Brooks Mathern, Julie aren’t able to pick-up or prepare meals Pete Mecham of Idaho Falls received Benintendi, Gordon McAllister, Robert themselves. Jackie has benefited many the Sammy Award. The Sammy Award Bones, Carol McAllister, Steve Button,

VerDate jul 14 2003 01:17 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.026 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S283 Linda McGuire, Farrell Byington, Moscrip Family and Bandana’s Run- to support our troops. He donated air- Tempe McFarlane, Bonnie Capell, Jo- ning and Walking Shop of New Plym- line tickets for family members to at- seph Morisette, Sherri Carpenter, Ly- outh have been pillars of support for tend the burial of a soldier killed in nette Muson, Ben Cavaness, Roger young people wishing to participate in Operation Iraqi Freedom. Bob Harmon Olson, David Chehey, Kathlene Par- the local high school cross country and gave freely to help a military family in sons, Richard Cripe, Shirley Perkins, track programs. For the past three a time of need. Frank Dalley, Ray Ragan, Julie years these two groups have joined to Scott Andrews of Blackfoot is the Dillehay, Lorraine Roberts, Kathy provide affordable running shoes to Bingham County Prosecutor. As part of Dutt, William Roberts, Germaine local youth involved in the cross coun- his efforts to keep his county safe and Eslinger, Carolyne Rucker, Lynn try and track programs at the New make the Prosecutor’s Office more ac- Farnworth, Susan Saldin, Sarah Plymouth High School. As a strong cessible, Scott has created a new Farnworth, Kent Schaufelberger, Sean supporter of healthy living, I applaud website. The website: Farrell, Rick Sonnenberg, Gloria the efforts of these two organizations. www.co.bingham.id.us/prosecutor/pros- Fastabend, Cynthia Schulze, Richard Ana Marie Schachtell has served the ecutinglattorney.htm, provides people Fesler, Barbara Stevens, Leslie Free- cities of Nampa and Treasure Valley with quick and easy access to impor- man, Joseph ‘‘Bill’’ Stevens, Jim well, organizing the Fiesta Idaho tant information about matters han- Fulfer, Colleen Stevens, Michele events. This event helps groups with dled by the Prosecutor’s Office, includ- Gamblin, James Stumpf, Rich Gorman, differing backgrounds to come together ing information on victim and witness Jennifer Swanberg, Jeri Gowen, Donna in a spirit of understanding and re- services, the public record, and legal Taylor, Gina Gridley, Jana Thomas, spect. Under Ana’s leadership and vi- research links. Scott has made our ju- Jim Grigg, Terry Tippery, Oreanna sion the annual Fiesta Idaho celebra- dicial system more responsive with his Harless, Steve R. Tryk, Susan Hill, tion has blossomed into a major event innovative approach to his office. Barbara Webster, Allen Howard, Patsy celebrated each fall in several loca- Taylor and Alyssa Jenson’s story is Walton, Rick Huffard, Daniel Weigel, tions in and around Nampa. truly touching. These two Pocatello Ronald Jacques, Phillip White, Sharon Jim Olson and George Gorino are sisters literally gave of themselves to Katz, Mimsi Wise, Rich Kaylor, Steph- Boise American Legion members. In help others less fortunate than they. anie Witt, Edward Kinghorn, Mary addition to their service in this organi- Seeing the needs of cancer victims, Wolf, and Daunna Kirkham of Boise, zation, and their military service for Taylor and Alyssa cut and donated Nampa, Meridian, McCall, Arco, Lewis- our country, these two have gone the their long hair to make wigs for those ton, Idaho Falls, Eagle, Coeur d’Alene, extra mile to honor the victims of Sep- who had lost their hair as a result of Black Foot, Kimberly, Moscow, tember 11, 2001, as well as military per- chemotherapy. They are to be com- Rathdrum, Rexburg, and Terreton. sonnel involved in the war on terror. mended for this exceptional act of serv- Mark Langlois, Robert Macfarlane, As a result of their dedication, a monu- ice. James Pollard, and David Larson of ment and flag have been erected on Jared Helm is a senior at Lewiston Idaho Falls are Idaho National Engi- Freezeout Hill in Gem County honoring High School. He is dedicated to volun- neering and Environmental Laboratory these groups. Today, it is Jim and teering and making the community a engineers who assisted recovery efforts George who are honored. better place. He is also a role model for in New York, Pennsylvania, and Wash- John Jackson of Nampa owns the younger children and stresses the im- ington, DC, following the tragic events successful Jackson Food Stores, and portance of volunteering to them. Last of September 11, 2001. At a time of has used his success to help others. year he volunteered over 450 hours, has great need and obvious peril, these self- John donated funds to build an indoor a 4.0 GPA, and is a Lewiston High less individuals rushed to help their track and field facility next to the School Student Body officer. Such countrymen. Idaho Center. The facility is very im- commitment embodies ‘‘The Spirit of Dan O’Brien, a name you may know portant to the Boise State University Idaho.’’ for his Olympic competitions, has dili- track team, as well as local youth and ‘‘Grandma’’ Gay Reese plays an im- gently served the cause of youth sports adult track clubs. The site is also portant role for the ‘‘America Reads’’ in Moscow. His dedication not only scheduled to host some significant program every day at Lincoln Elemen- serves the youth of Moscow, but also competitions in the coming years. tary School in Twin Falls. For the past the community as a whole. His hard John’s selfless and important donation five years, she has helped young stu- work and dedication have been recog- has also spurred additional economic dents learn to read. Gay’s remarkable nized on several fronts, receiving not development in the area. dedication has helped to instill a life- only the Spirit of Idaho, but also the Wiley Dobbs of Twin Falls has served long love of reading within several Sporting Goods Manufacturers Associa- as an Idaho Congressional Award Board hundred Magic Valley children. In ad- tion Hero Award. I commend Dan on Member since 1993, where he has spent dition, she has been instrumental in re- his outstanding efforts. thousands of hours working as a stu- cruiting new Grandparents to the Students at Peregrine Elementary of dent advisor, making presentations to America Reads program. ‘‘Grandma’’ Meridian were chosen by the Red Cross different groups, and talking to par- Reese embodies the selfless service as winners of the ‘‘Your Coins Count’’ ents. Idaho leads the United States in honored by the Spirit of Idaho award. statewide campaign not once, but the number of participants in this pres- The Hospice of Eastern Idaho pro- twice. The ‘‘Your Coins Count’’ cam- tigious award program and the Twin vides a full range of supportive services paign offers schools educational pro- Falls region leads the way in Idaho, for terminally ill individuals and their grams about Red Cross services and thanks in large part to Wiley and his families while they are in the latter history, then asks students to collect associates. stages of a terminal illness. This crit- spare change and donate the money to Sixteen-year-old Jessy Peterson of ical service depends largely on volun- the Red Cross in support of local serv- Castleford saved a man’s life in Decem- teers. The following individuals have ices like disaster relief. These stu- ber 2002. As he headed home late one given of their time and talents for the dents’ shining example proves that evening, Jessy spotted a fire burning in benefit of others: each of us can make a difference in the the garage of a house. Jessy was able Donna Stone has been a Hospice Vol- lives of others. to successfully awaken the resident of unteer for three years. Last year she The fight against child pornography the house, who escaped without harm. provided 195 volunteer hours for one needs more warriors like those at the He then went one step further and patient, consistently showing up twice FBI child pornography unit in Poca- helped the resident to extinguish the a week to give respite care for the pa- tello. This unit analyzes illegal com- fire. Jessy’s courageous actions speak tient’s husband for two to three hours puter traffic in order to find and pros- to his depth of character. at a time. Her willingness and faithful- ecute those that are victimizing chil- Bob Harmon of Meridian is a hero in ness week after week are inspiring. dren. Each of our children are safer the war on terror, but he doesn’t wear Since becoming volunteers in spring thanks to the work of these dedicated a uniform or carry a gun. Bob owns 2002, Buck and Debbie Horton have professionals. Harmon Travel and used his business each worked almost 200 volunteer

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.027 S27PT1 S284 CONGRESSIONAL RECORD — SENATE January 27, 2004 hours for many different families under tate a support group for grieving fam- country skiing and overall awareness the care of the Hospice. They are both ily members. In addition she has been of the sport. As a strong supporter of retired and have dedicated themselves available for patient care when her healthy living, and an avid sportsman, to helping others in the community. schedule permits. With her specialized I applaud Jenny’s efforts. Those at the Hospice of Eastern Idaho training and experience, Connie has Carol Harlig of Ketchum is a two- are fortunate to be able to call upon been a valuable resource for the Hos- time breast cancer survivor who men- these outstanding individuals at any pice. tors others with the disease and serves time to help patients and their fami- Leora Cornia, a volunteer first with on numerous community boards for lies. District 7 and now with Hospice of breast cancer awareness. She also Larry and Evelyn Miller are Mormon Eastern Idaho, has given 100 hours to a serves at the Ketchum Library. Re- missionaries, assigned to the Hospice variety of patients. She is willing to cently she also put together care pack- of Eastern Idaho by the LDS Church. give of her time to any and all that ages for Blaine County troops sta- They serve as volunteer spiritual liai- need her, though I am told her favorite tioned in Iraq. Even with all of these sons for patients and families, but also activity is conversing with patients. important responsibilities, Carol finds are available to give families respite Leora’s service is invaluable to the time to mentor at-risk elementary care when needed. These volunteers Hospice and its patients. school children. She is a great example have given hundreds of hours of respite Jim McCue is a volunteer who began for others in Idaho. care to many in need. with District 7 and now works with I honor all Spirit of Idaho recipients, Donna Meyer has been a Hospice Vol- Hospice of Eastern Idaho. Jim has past and future, for their exceptional unteer since 1994 and has put in over a spent countless volunteer hours listen- contributions and accomplishments. It 100 hours helping patients. Since 2002, ing intently to his patients. He prefers is a privilege to pay tribute to these in- she has been visiting and reading to to report on his visits in poetic form, dividuals for their important efforts on one particular patient who does not and after visiting his most recent pa- behalf of the citizens and communities speak. Donna reads to her and puts tient wrote: ‘‘I can already see it get- of the great State of Idaho.∑ cream on her face and hands to let her ting harder, I can already see it ending f know that someone cares. Recently she hard. I can already see it lasting too purchased a bird feeder to place outside long, and not long enough.’’ The Hos- EXECUTIVE AND OTHER the patient’s window so she might pice Staff appreciates his insight and COMMUNICATIONS enjoy watching the birds. Donna con- poetry as they work to assist the Hos- The following communications were nects with this woman, even though pice’s patients. laid before the Senate, together with there is not a word spoken during the When the Hospice had patients in the accompanying papers, reports, and doc- visit. St. Anthony, Rexburg area, Barry uments, and were referred as indicated: Dorothy Wayne has been a Hospice Leeck of Chester was, for an extended EC–5951. A communication from the Dep- Volunteer since 1989 and has given over period, the only volunteer close enough uty Associate Administrator, Environmental 100 hours to a variety of patients. She to be of assistance. He has always been Protection Agency, transmitting two docu- has traveled extra miles to stay with willing to fit patients into his work ments related to the Agency’s regulatory patients when necessary, often during schedule, and often visits patients after programs; to the Committee on Environment the evening hours or even on weekends work or on his days off. His volunteer and Public Works. when needed. She is a retired nurse and hours also include helping the Hospice EC–5952. A communication from the Chair- uses her excellent training and experi- office with clerical matters. I commend man, Nuclear Regulatory Commission, transmitting, pursuant to law, the Commission’s ence to the benefit of all involved with him for his service. 2003 Performance and Accountability Report; the Hospice. Domestic violence is a terribly de- to the Committee on Environment and Pub- Fern Jones has been a Hospice Volun- structive, hurtful thing. The victims of lic Works. teer for 10 years while continuing to this horror need help and protection. EC–5953. A communication from the Direc- work full time. She has spent over 100 The Family Service Alliance of Poca- tor, Office of Congressional Affairs, Nuclear hours visiting patients during her tello provides this support. Many Regulatory Commission, transmitting, pur- lunch hour, after work, or on weekends women and children in southeast Idaho suant to law, the report of a rule entitled when necessary. Soon she will retire. I have been the beneficiaries of the safe ‘‘Changes to the Adjudicatory Process’’ haven provided by the Alliance. This (RIN3150-AG49) received on January 5, 2004; am confident that her self-sacrificing to the Committee on Environment and Pub- spirit will continue to shine as she car- organization also provides counseling lic Works. ries on with her important work. to victims of rape. This important or- EC–5954. A communication from the Dep- Bob Siedelmann has been a Hospice ganization is truly representative of uty Associate Administrator, Environmental Volunteer since 1999, and has volun- the ‘‘Spirit of Idaho.’’ Protection Agency, transmitting several teered for over 100 hours of service. He It was an honor to present the Spirit documents related to the Agency’s regu- is always willing to stay with a pa- of Idaho award to a group of dialysis latory programs; to the Committee on Envi- tient, even if he has to change his plans patients from Coeur d’Alene. This ronment and Public Works. to make the time work. Recently he group rides stationary bicycles to re- EC–5955. A communication from the Direc- tor, Office of Congressional Affairs, Nuclear attended the early service at his main healthy during treatment. The Regulatory Commission, transmitting, pur- church so that he could be with a pa- group collectively set a goal to ride the suant to law, the report of a rule entitled tient by 10:30 a.m. on Sunday. Bob’s miles equivalent to a biking trip across ‘‘List of Approved Spent Fuel Storage Casks: help and caring have improved the the United States. Their journey had a Standardized NUHOMS-24P, -52B, -61BT, lives of many of the Hospice’s male pa- special destination for me—they were -32PT, and -24PHB Revision’’ (RIN3150-AH28) tients. pedaling to Crapo, Maryland. As a re- received on January 5, 2004; to the Com- Vince Aquino has always been willing sult, this group is affectionately called mittee on Environment and Public Works. to visit with any patient, even if that the ‘‘Crapo Bikers.’’ Day after day, EC–5956. A communication from the Ad- ministrator, General Services Adminis- patient did not know he was there and these dedicated individuals biked for trator, transmitting copies of Reports of could not communicate with him. He miles, moving a pin across the map of Building Project Survey for Ft. Lauderdale, has spent many hours in the secure the United States. Despite adversity FL, Benton, IL, Greensboro, NC, and Sioux units of more than one nursing home this group reached their goal. Their Falls, SD; to the Committee on Environment to be with patients suffering from de- resolute determination stands as an ex- and Public Works. mentia or Alzheimer’s. He has been a ample for all. EC–5957. A communication from the Pro- Hospice Volunteer since 1999, putting Jenny Busdon, a world champion gram Analyst, Directorate Civil Works, in over 100 hours of service. gold medal recipient in cross country Army Corps of Engineers, transmitting, pur- Connie Staffel is a professional coun- skiing, has worked on multiple fund- suant to law, the report of a rule entitled ‘‘United States Navy Restricted Area Cooper selor who works full-time at Eastern raising projects over the past decade to River and Tributaries, Naval Weapons Sta- Idaho Technical College. Since becom- benefit the Harriman Trail system and tion Charleston, Charleston, SC’’ received on ing a volunteer last October, Connie Galena Lodge in Sun Valley. She pro- December 30, 2003; to the Committee on En- has worked many Saturdays to facili- motes increased participation in cross vironment and Public Works.

VerDate jul 14 2003 01:17 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.029 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S285 EC–5958. A communication from the Pro- to law, the report of a rule entitled ‘‘State 2004–07 relative to military assistance under gram Analyst, Directorate Civil Works, Implementation Plans; States of Arizona, the Rome Statute and an accompanying re- Army Corps of Engineers, transmitting, pur- California, and Nevada; Correction’’ port; to the Committee on Foreign Rela- suant to law, the report of a rule entitled (FRL#7609–4) received on January 13, 2004; to tions. ‘‘United States Navy Restricted Area, Naval the Committee on Environment and Public EC–5979. A communication from the Assist- Weapons Statin Earle, Sandy Hook Bay, New Works. ant Legal Adviser for Treaty Affairs, Depart- Jersey’’ received on December 30, 2003; to the EC–5969. A communication from the Assist- ment of State, transmitting, pursuant to Committee on Environment and Public ant Secretary, Department of the Army, law, the report of the texts and background Works. transmitting, pursuant to law, a report rel- statements of international agreements, EC–5959. A communication from the Direc- ative to the Biscayne Aquifer Storage and other than treaties; to the Committee on tor, Office of Personnel Policy, Department Recovery Program located in Miami-Dade Foreign Relations. of the Interior, transmitting, pursuant to County, Florida; to the Committee on Envi- EC–5980. A communication from the Assist- law, the report of a vacancy and designation ronment and Public Works. ant Secretary, Legislative Affairs, Depart- of acting officer for the position of Solicitor, EC–5970. A communication from the Direc- ment of State, transmitting, pursuant to Department of the Interior, received on De- tor, Office of Congressional Affairs, Nuclear law, a copy of Presidential Determination cember 30, 2004; to the Committee on Envi- Regulatory Commission, transmitting, pur- 2004–17 relative to military assistance under ronment and Public Works. suant to law, the report of a rule entitled the Rome Statute and an accompanying re- EC–5960. A communication from the Dep- ‘‘Part 71—Compatibility with IAEA Trans- port; to the Committee on Foreign Rela- uty Associate Administrator, Environmental portation Safety Standards (TS–R–1) and tions. Protection Agency, transmitting two Uni- Other Transportation Safety Amendments’’ EC–5981. A communication from the Execu- form Resource Locators (URLs) for docu- (RIN3150–AG71) received on January 13, 2004; tive Secretary and Chief of Staff, Agency for ments that the Agency has recently issued; to the Committee on Environment and Pub- International Development, transmitting, to the Committee on Environment and Pub- lic Works. pursuant to law, the report of vacancy for lic Works. EC–5971. A communication from the Direc- the position of Assistant Administrator, EC–5961. A communication from the Dep- tor, Office of Congressional Affairs, Nuclear Agency for International Development re- uty Associate Administrator, Environmental Regulatory Commission, transmitting, pur- ceived on December 30, 2003; to the Com- Protection Agency, transmitting, pursuant suant to law, the report of a rule entitled mittee on Foreign Relations. to law, the report of a rule entitled ‘‘Amend- ‘‘List of Approved Spent Fuel Storage Casks: EC–5982. A communication from the Chief, ments to the Phase 2 Requirements for Standardized NUHOMS–24P, –52B, –61BT, Regulations Unit, Internal Revenue Service, Spark-Ignition Nonroad Engines at or Below –32PT, –24PHB, and –32PT Revision’’ transmitting, pursuant to law, the report of 19 Kilowatts’’ (FRL#7606–1) received on Jan- (RIN3150–AH36) received on January 5, 2004; a rule entitled ‘‘Weighted Average Interest uary 13, 2004; to the Committee on Environ- to the Committee on Environment and Pub- Rate Update Notice’’ (Notice 2004–3) received ment and Public Works. lic Works. on January 13, 2004; to the Committee on Fi- EC–5962. A communication from the Dep- EC–5972. A communication from the Direc- nance. uty Associate Administrator, Environmental tor, Office of Congressional Affairs, Nuclear EC–5983. A communication from the Chief, Protection Agency, transmitting, pursuant Regulatory Commission, transmitting, pur- Regulations Unit, Internal Revenue Service, to law, the report of a rule entitled ‘‘Ap- suant to law, the report of a rule entitled transmitting, pursuant to law, the report of proval and Promulgation of Air Quality Im- ‘‘List of Approved Spent Fuel Storage Casks: a rule entitled ‘‘Procedures for Letter Rul- plementation Plans; Kentucky Update to NAC–UMS Revision’’ (RIN3150–AH25) re- ings and Determination Letters’’ (Rev. Proc. Materials Incorporated by Reference’’ ceived on January 5, 2004; to the Committee 2004–1) received on January 13, 2004; to the (FRL#7601–2) received on January 13, 2004; to on Environment and Public Works. Committee on Finance. the Committee on Environment and Public EC–5973. A communication from the Direc- EC–5984. A communication from the Chief, Works. tor, Fish and Wildlife Service, Department of Regulations Unit, Internal Revenue Service, EC–5963. A communication from the Dep- the Interior, transmitting, pursuant to law, transmitting, pursuant to law, the report of uty Associate Administrator, Environmental the 1998, 1999, and 2000 Annual Reports com- a rule entitled ‘‘Republication of Rev. Proc. Protection Agency, transmitting, pursuant piled by the Fish and Wildlife Service on rea- 2003–4’’ (Rev. Proc. 2004–4) received on Janu- to law, the report of a rule entitled ‘‘Ap- sonably identifiable expenditures for the ary 13, 2004; to the Committee on Finance. proval and Promulgation of Implementation conservation of endangered and threatened EC–5985. A communication from the Chief, Plans; State of Iowa; Correction’’ (FRL#7608– species by Federal and State agencies; to the Regulations Unit, Internal Revenue Service, 3) received on January 13, 2004; to the Com- Committee on Environment and Public transmitting, pursuant to law, the report of mittee on Environment and Public Works. Works. a rule entitled ‘‘Information Reporting With EC–5964. A communication from the Dep- EC–5974. A communication from the Assist- Respect to Foreign Disregarded Entities’’ uty Associate Administrator, Environmental ant Secretary, Legislative Affairs, Depart- (Announcement 2004–4) received on January Protection Agency, transmitting, pursuant ment of State, transmitting, pursuant to 13, 2004; to the Committee on Finance. to law, the report of a rule entitled ‘‘Ap- law, a notification that the Deputy Sec- EC–5986. A communication from the Chief, proval and Promulgation of Implementation retary of State has determined that the ex- Regulations Unit, Internal Revenue Service, Plans; State of Kansas’’ (FRL#7608–9) report to Iraq of composite armor panels for transmitting, pursuant to law, the report of ceived on January 13, 2004; to the Committee uses other than body armor is in the na- a rule entitled ‘‘Abusive Roth IRAs’’ (Notice on Environment and Public Works. tional interest of the United States; to the 2004–8) received on January 13, 2004; to the EC–5965. A communication from the Dep- Committee on Foreign Relations. Committee on Finance. uty Associate Administrator, Environmental EC–5975. A communication from the Assist- EC–5987. A communication from the Chief, Protection Agency, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- Regulations Unit, Internal Revenue Service, to law, the report of a rule entitled ‘‘Ap- ment of State, transmitting, pursuant to transmitting, pursuant to law, the report of proval and Promulgation of Implementation law, a report relative to the lack United Na- a rule entitled ‘‘Definition of Income for Plans; State of Missouri’’ (FRL#7608–8) re- tions’ grants of official status, accreditation, Trust Purposes’’ (RIN1545–AX96) received on ceived on January 13, 2004; to the Committee or recognition to any nation which pro- January 13, 2004; to the Committee on Fi- on Environment and Public Works. motes, condones, or seeks the legalization of nance. EC–5966. A communication from the Dep- pedophilia; to the Committee on Foreign Re- EC–5988. A communication from the Chief, uty Associate Administrator, Environmental lations. Regulations Unit, Internal Revenue Service, Protection Agency, transmitting, pursuant EC–5976. A communication from the Assist- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Dis- ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Credit for Increasing Re- approval of State Implementation Plan Revi- ment of State, transmitting, pursuant to search Activities’’ (RIN1545–AY82) received sions, San Joaquin Valley Unified Air Pollu- law, a report concerning an amendment to on January 13, 2004; to the Committee on Fi- tion Control District’’ (FRL#7607–6) received Part 126 of the International Traffic in Arms nance. on January 13, 2004; to the Committee on En- Regulations, promulgated pursuant to the EC–5989. A communication from the Chief, vironment and Public Works. Arms Export Control Act; to the Committee Regulations Unit, Internal Revenue Service, EC–5967. A communication from the Dep- on Foreign Relations. transmitting, pursuant to law, the report of uty Associate Administrator, Environmental EC–5977. A communication from the Assist- a rule entitled ‘‘Guidance Regarding Deduc- Protection Agency, transmitting, pursuant ant Legal Adviser for Treaty Affairs, Depart- tion and Capitalization of Expenditures’’ to law, the report of a rule entitled ‘‘Revi- ment of State, transmitting, pursuant to (RIN1545–BA00) received on January 13, 2004; sions to California State Implementation law, the report of the texts and background to the Committee on Finance. Plan, Monterey Bay Unified Air Pollution statements of international agreements, EC–5990. A communication from the Chief, Control District’’ (FRL#7600–9) received on other than treaties; to the Committee on Regulations Unit, Internal Revenue Service, January 13, 2004; to the Committee on Envi- Foreign Relations. transmitting, pursuant to law, the report of ronment and Public Works. EC–5978. A communication from the Assist- a rule entitled ‘‘Bureau of Labor Statistics EC–5968. A communication from the Dep- ant Secretary, Legislative Affairs, Depart- Price Indexes for Department Stores’’ (Rev. uty Associate Administrator, Environmental ment of State, transmitting, pursuant to Rule 2004–7) received on January 13, 2004; to Protection Agency, transmitting, pursuant law, a copy of Presidential Determination the Committee on Finance.

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.011 S27PT1 S286 CONGRESSIONAL RECORD — SENATE January 27, 2004 EC–5991. A communication from the Chief, ‘‘Medical Devices: Classification of the Den- ADDITIONAL COSPONSORS Regulations Unit, Internal Revenue Service, tal Sonography Device and Jaw Tracking De- transmitting, pursuant to law, the report of vice’’ (Doc. No. 200N–0305) received on Janu- S. 664 a rule entitled ‘‘Definition of Agent for Cer- ary 13, 2004; to the Committee on Health, At the request of Mr. HATCH, the tain Purposes’’ (RIN1545–AY94) received on Education, Labor, and Pensions. name of the Senator from North Caro- January 13, 2004; to the Committee on Fi- EC–6005. A communication from the Sec- lina (Mrs. DOLE) was added as a cospon- nance. retary of Health and Human Services, trans- sor of S. 664, a bill to amend the Inter- EC–5992. A communication from the Chief, mitting, pursuant to law, a report relative to nal Revenue Code of 1986 to perma- Regulations Unit, Internal Revenue Service, increasing health care to non-elderly, low-in- nently extend the research credit, to transmitting, pursuant to law, the report of come populations; to the Committee on increase the rates of the alternative in- a rule entitled ‘‘Administrative, Procedural, Health, Education, Labor, and Pensions. and Miscellaneous’’ (Rev. Proc. 2004–13) re- EC–6006. A communication from the Regu- cremental credit, and to provide an al- ceived on January 13, 2004; to the Committee lations Coordinator, Administrator for Chil- ternative simplified credit for qualified on Finance. dren and Families, Department of Health research expenses. EC–5993. A communication from the Chief, and Human Services, transmitting, pursuant S. 846 Regulations Unit, Internal Revenue Service, to law, the report of a rule entitled ‘‘Interim At the request of Mr. SMITH, the transmitting, pursuant to law, the report of Final Rule on Head Start Transportation’’ name of the Senator from Washington a rule entitled ‘‘Definition of Agent for Cer- (RIN097–AC16) received on January 20, 2004; tain Purposes’’ (RIN1545–AY94) received on to the Committee on Health, Education, (Mrs. MURRAY) was added as a cospon- January 13, 2004; to the Committee on Fi- Labor, and Pensions. sor of S. 846, a bill to amend the Inter- nance. EC–6007. A communication from the Presi- nal Revenue Code of 1986 to allow a de- EC–5994. A communication from the Chief, dent, Midwestern Higher Education Com- duction for premiums on mortgage in- Regulations Unit, Internal Revenue Service, pact, transmitting, the report of a resolution surance, and for other purposes. transmitting, pursuant to law, the report of regarding the reauthorization of the Higher S. 910 a rule entitled ‘‘Administrative, Procedural, Education Act; to the Committee on Health, At the request of Mr. AKAKA, the and Miscellaneous’’ (Rev. Proc. 2004–13) re- Education, Labor, and Pensions. ceived on January 13, 2004; to the Committee name of the Senator from Maine (Ms. on Finance. f COLLINS) was added as a cosponsor of S. EC–5995. A communication from the Chief, 910, a bill to ensure the continuation of Regulations Unit, Internal Revenue Service, REPORTS OF COMMITTEES non-homeland security functions of transmitting, pursuant to law, the report of The following reports of committees Federal agencies transferred to the De- a rule entitled ‘‘Republication of Rev. Proc. partment of Homeland Security. 2003–6’’ (Rev. Proc. 2004–6) received on Janu- were submitted: ary 13, 2004; to the Committee on Finance. By Ms. COLLINS, from the Committee on S. 1035 EC–5996. A communication from the Chief, Governmental Affairs, with an amendment At the request of Mr. CORZINE, the Regulations Unit, Internal Revenue Service, in the nature of a substitute: name of the Senator from Nevada (Mr. transmitting, pursuant to law, the report of S. 129. A bill to provide for reform relating REID) was added as a cosponsor of S. a rule entitled ‘‘Republication of Rev. Proc to Federal employment, and for other pur- 1035, a bill to amend title 10, United poses (Rept. No. 108–223). 2003–5’’ received on January 13, 2004; to the States Code, to reduce the age for re- Committee on Finance. EC–5997. A communication from the Chief, f ceipt of military retired pay for non- Regulations Unit, Internal Revenue Service, regular service from 60 to 55. transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND S. 1189 JOINT RESOLUTIONS a rule entitled ‘‘Improper to Proper Depre- At the request of Mr. DURBIN, the ciation Changes’’ (Rev. Proc. 2004–11) re- The following bills and joint resolu- name of the Senator from Maryland ceived on January 13, 2004; to the Committee tions were introduced, read the first (Ms. MIKULSKI) was added as a cospon- on Finance. and second times by unanimous con- EC–5998. A communication from the Chief, sor of S. 1189, a bill to ensure an appro- Regulations Unit, Internal Revenue Service, sent, and referred as indicated: priate balance between resources and transmitting, pursuant to law, the report of By Mr. CORNYN (for himself, Mr. accountability under the No Child Left a rule entitled ‘‘Rulings and Determination DODD, and Mr. LOTT): Behind Act of 2001. Letters’’ (Rev. Proc 2004–7) received on Janu- S. 2031. A bill to authorize the States to S. 1245 ary 13, 2004; to the Committee on Finance. implement such mechanisms as are nec- At the request of Ms. COLLINS, the EC–5999. A communication from the Chief, essary in a time of national crisis to ensure Regulations Unit, Internal Revenue Service, the continuity of the Senate in the event name of the Senator from Wyoming transmitting, pursuant to law, the report of that a quorum of the Senate is not present (Mr. ENZI) was added as a cosponsor of a rule entitled ‘‘Republication of Rev. Proc. due to the inability of members of the Sen- S. 1245, a bill to provide for homeland 2003–8’’ (Rev. Proc. 2003–8) received on Janu- ate to discharge the powers and duties of security grant coordination and sim- ary 13, 2004; to the Committee on Finance. their office; to the Committee on Rules and plification, and for other purposes. EC–6000. A communication from the Chief, Administration. S. 1326 Regulations Unit, Internal Revenue Service, By Mrs. BOXER: transmitting, pursuant to law, the report of S. 2032. A bill to provide assistance and se- At the request of Mr. VOINOVICH, the a rule entitled ‘‘Changes in Computing De- curity for women and children in Afghani- name of the Senator from Maine (Ms. preciation’’ (RIN1545–BC17) received on Janu- stan and for other purposes; to the Com- SNOWE) was added as a cosponsor of S. ary 13, 2004; to the Committee on Finance. mittee on Foreign Relations. 1326, a bill to establish the position of EC–6001. A communication from the Chief, By Mr. DOMENICI (for himself and Mr. Assistant Secretary of Commerce for Regulations Unit, Internal Revenue Service, BINGAMAN): Manufacturing in the Department of transmitting, pursuant to law, the report of S. 2033. A bill to designate the Federal Commerce. a rule entitled ‘‘Section 42 Carryover and building located at Fifth and Richardson S. 1354 Stacking Rule Amendments’’ (RIN1545–BA85) Avenues in Roswell, New Mexico, as the ‘‘Joe received on January 13, 2004; to the Com- Skeen Federal Building’’; to the Committee At the request of Ms. MURKOWSKI, the mittee on Finance. on Environment and Public Works. name of the Senator from Idaho (Mr. EC–6002. A communication from the Regu- CRAIG) was added as a cosponsor of S. lations Officer, Social Security Administra- f 1354, a bill to resolve certain convey- tion, transmitting, pursuant to law, the re- SUBMISSION OF CONCURRENT AND ances and provide for alternative land port of a rule entitled ‘‘Federal Old-Age, Sur- selections under the Alaska Native vivors and Disability Insurance and Supple- SENATE RESOLUTIONS mental Security Income for the Aged, Blind, Claims Settlement Act related to Cape The following concurrent resolutions Fox Corporation and Sealaska Corpora- and Disabled; Video Teleconferencing Ap- and Senate resolutions were read, and pear’’ (RIN0960–AE97) received on January 13, tion, and for other purposes. referred (or acted upon), as indicated: 2004; to the Committee on Finance. S. 1398 EC–6003. A communication from the Chair- By Mrs. MURRAY (for herself, Mr. At the request of Mr. DEWINE, the man, Medicare Payment Advisory, transmit- BIDEN, Mr. DORGAN, Mr. JOHNSON, and name of the Senator from Massachu- ting, pursuant to law, a report relative to Mr. DODD): outpatient dialysis payment rates; to the S. Res. 292. A resolution designating the setts (Mr. KERRY) was added as a co- Committee on Finance. week beginning February 2, 2004, as ‘‘Na- sponsor of S. 1398, a bill to provide for EC–6004. A communication, transmitting, tional School Counseling Week’’; to the the environmental restoration of the pursuant to law, the report of a rule entitled Committee on the Judiciary. Great Lakes.

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.013 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S287 S. 1457 quire voter verification and improved girls, technical and vocational training At the request of Mr. BUNNING, the security for voting systems under title and literacy programs. name of the Senator from Louisiana III of the Act, and for other purposes. Finally, the bill addresses the issue (Mr. BREAUX) was added as a cosponsor S. 2006 of security by providing programs to of S. 1457, a bill to amend the Internal At the request of Mr. KENNEDY, the prevent the trafficking of women and Revenue Code of 1986 to reduce the rate name of the Senator from West Vir- girls, support the return of refugees, of tax on distilled spirits to its pre-1985 ginia (Mr. ROCKEFELLER) was added as and provide general security to prevent level. a cosponsor of S. 2006, a bill to extend violent attacks against schools. The S. 1568 and expand the Temporary Extended bill also calls for an expansion of inter- At the request of Mr. HATCH, the Unemployment Compensation Act of national peacekeeping forces through- name of the Senator from Oklahoma 2003, and for other purposes. out the country. We have heard many times that fail- (Mr. NICKLES) was added as a cosponsor f of S. 1568, a bill to amend the Internal ure is not an option in Afghanistan. STATEMENTS ON INTRODUCED Revenue Code of 1986 to simplify cer- Passage of this legislation will go a BILLS AND JOINT RESOLUTIONS tain provisions applicable to real es- long way to ensure the success of a tate investment trusts. By Mrs. BOXER: democratic and peaceful nation. S. 2032. A bill to provide assistance S. 1703 By Mr. DOMENICI (for himself MITH and security for women and children in At the request of Mr. S , the and Mr. BINGAMAN): name of the Senator from Idaho (Mr. Afghanistan and for other purposes; to the Committee on Foreign Relations. S. 2033. A bill to designate the Fed- CRAIG) was added as a cosponsor of S. eral building located at Fifth and Rich- 1703, a bill to amend the Internal Rev- Mrs. BOXER. Mr. President, yesterday was an important and historic day ardson Avenues in Roswell, New Mex- enue Code of 1986 to provide a credit ico, as the ‘‘Joe Skeen Federal Build- against income tax for expenditures for for Afghanistan. President Hamid Karzai signed a new constitution that ing’’; to the Committee on Environ- the maintenance of railroad tracks of ment and Public Works. Class II and Class III railroads. guarantees the equal rights of all Af- ghans, including women. Mr. DOMENICI. Mr. President, I rise S. 1706 Given the terrible hardship women today to introduce a bill to rename the At the request of Mr. SCHUMER, the and girls in Afghanistan faced during Federal building in Roswell, NM, after name of the Senator from Rhode Island the years of war, drought and the dra- my dear friend, Representative Joe (Mr. REED) was added as a cosponsor of conian policies of the Taliban, this new Skeen. On December 7, 2003, Joe lost S. 1706, a bill to improve the National constitution is an important step for- his valiant battle with Parkinson’s Instant Criminal Background Check ward. Disease. He will be deeply missed. System, and for other purposes. However, yesterday’s victory will be I first met Joe more than 40 years S. 1786 sort-lived if the constitution is not im- ago when I was fresh out of law school At the request of Mr. ALEXANDER, the plemented and women continue to suf- and Joe was a rising star within the name of the Senator from Hawaii (Mr. fer from discrimination and violence, New Mexico Republican party. From AKAKA) was added as a cosponsor of S. and are denied access to health care, that moment, I knew that Joe was des- 1786, a bill to revise and extend the education and job training. tined for great things. To the great Community Services Block Grant Act, The biggest challenge facing women benefit of the people of the State of the Low-Income Home Energy Assist- today is a lack of basic security. New Mexico and the Nation, Joe chose ance Act of 1981, and the Assets for Human Rights Watch reported earlier to dedicate his life to public service. Independence Act. this month that: For those of us who knew Joe, it S. 1888 women and girls bear some of the worst ef- came as no surprise when he became At the request of Mr. SPECTER, the fects of Afghanistan’s insecurity. Conditions only the third person in our Nation’s name of the Senator from Kentucky are generally better than under the Taliban, history to win a U.S. House seat as a (Mr. BUNNING) was added as a cosponsor but women and girls continue to face severe write-in candidate in 1980. During his of S. 1888, a bill to halt Saudi support governmental and social discrimination. 22 year tenure as New Mexico’s rep- Those who organize protests or criticize resentative for the 2nd Congressional for institutions that fund, train, incite, local rulers face threats and violence. Sol- encourage, or in any other way aid and District, Joe was a powerful voice for diers and police routinely harass women and the people of his district and its rural abet terrorism, and to secure full Saudi girls, even in Kabul city. Many women and cooperation in the investigation of ter- girls are afraid to remove the burqa. Because lifestyle. For instance, he was a rorist incidents. soldiers are targeting women and girls, many staunch defender of New Mexico’s farming and ranching interests. S. 1948 are staying indoors, especially in rural areas, making it impossible for them to attend Many have described Joe as one of At the request of Mr. REID, the name school, go to work, or actively participate in the most powerful members of Con- of the Senator from Connecticut (Mr. the country’s reconstruction. gress that New Mexico ever sent to LIEBERMAN) was added as a cosponsor Today, I am introducing legislation Washington, DC. But Joe never forgot of S. 1948, a bill to provide that service that will ensure that women and chil- who he was and where he was from. He of the members of the organization dren are able to thrive in a post- was part and parcel of this land and its known as the United States Cadet Taliban Afghanistan. people. Joe truly represented the peo- Nurse Corps during World War II con- This legislation authorizes $300 mil- ple of the 2nd Congressional District, stituted active military service for lion each year to provide assistance to both politically and in spirit. purposes of laws administered by the Afghan women and children with four Joe sought committee assignments Secretary of Veterans Affairs. specific goals. First, the bill seeks to that would most benefit the largely S. 1961 enhance the political and human rights rural district that he represented. Dur- At the request of Mr. HOLLINGS, the of women by providing assistance to ing his time in the U.S. Congress, Joe name of the Senator from New Jersey help them exercise property, inherit- served 17 years on the House Appro- (Mr. CORZINE) was added as a cosponsor ance and voting rights and to enforce priations Committee, serving as Chair- of S. 1961, a bill to provide for the revi- provisions in the new constitution that man of both the Interior Appropria- talization and enhancement of the ensure equal rights for women. tions Subcommittee and the Agri- American passenger and freight rail Second, the bill provides funding for culture Appropriations Subcommittee. transportation system. health care, including assistance to re- In 2002 Joe retired from Congress. S. 1986 duce maternal and infant mortality After 11 terms in Congress, Joe decided At the request of Mrs. CLINTON, the and to train midwives, nurses and tra- to return to his ranch, a place that he name of the Senator from North Caro- ditional birth attendants. described as being ‘‘at the center of my lina (Mr. EDWARDS) was added as a co- Third, funding is authorized to be upbringing and which shaped my char- sponsor of S. 1986, a bill to amend the used for education and training, includ- acter and principles in life.’’ I feel Help America Vote Act of 2002 to re- ing expanding schools for women and truly blessed to have had the honor to

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.017 S27PT1 S288 CONGRESSIONAL RECORD — SENATE January 27, 2004 serve with Joe for those 22 years. I Whereas the Senate has recognized the im- success of students. In fact, school know Washington will go on without portance of school counseling through the counselors were instrumental in help- Joe, but it will not be nearly as good a inclusion of elementary and secondary ing students, teachers, and parents place. school counseling programs in the reauthor- deal with the trauma of terrorism on ization of the Elementary and Secondary September 11, 2001, and its aftermath. For all the good that Joe accom- Education Act of 1965; plished during his 22 years as a Con- Whereas school counselors have long advo- However, despite their important serv- gressman, I know he could not have cated that the American education system ice, counselors are expected to serve, done it alone. We owe a great debt of must leave no child behind and must provide on average 485 students each, and are gratitude to Mary, his wife of 57 years. opportunities for every student; overwhelmed. The American School She and the Skeen children deserve Whereas personal and social growth results Counseling Association, the American great credit for making his life so re- in increased academic achievement; Medical Association, and the American markable. Whereas school counselors help develop Psychological Association recommend Today I introduce legislation that well-rounded students by guiding them the ratio of students to school coun- through their academic, personal, social, and selors be 250 students to 1 school coun- would designate the Federal Building career development; in Roswell, NM, the ‘‘Joe Skeen Fed- Whereas school counselors were instru- selor. eral Building.’’ I would like to thank mental in helping students, teachers, and I want to share just a few examples my distinguished colleague Senator parents deal with the trauma of terrorism of how school counselors throughout JEFF BINGAMAN for co-sponsoring this inflicted on the United States on September America are helping students. legislation. Additionally, Representa- 11, 2001, and its aftermath; In a middle school in southern Cali- tives WILSON, PEARCE and UDALL will Whereas students face myriad challenges fornia, school counselors realized that introduce shortly a companion bill every day, including peer pressure, depres- 257 students were in danger of not pass- sion, and school violence; honoring Joe for his service to his ing onto the next grade. They discov- Whereas school counselors are usually the ered that only 15 percent of the stu- State and Nation. only professionals in a school building that Joe was born in Roswell, NM, rep- dents understood the promotion and re- are trained in both education and mental tention requirements. The school coun- resented the people of the Second Con- health; gressional District for 22 years and Whereas the roles and responsibilities of selors presented a series of individual spent his final days in Roswell, NM. It school counselors are often misunderstood, and small group lessons on promotion is fitting that the Roswell Federal and the school counselor position is often and retention criteria. After the les- Building bear his name. One of Joe’s among the first to be eliminated in order to sons, 100 percent of the students under- first actions after he took office in 1981 meet budgetary constraints; stood the requirements. As a result, 72 Whereas the national average ratio of stu- of the 257 students, about 28 percent, was to introduce legislation to name dents to school counselors of 485 to 1 is more the Federal Building in Las Cruces avoided retention that year. than double the 250 to 1 ratio recommended In a high school in Racine, WI, a after the man he replaced, the late by the American School Counselor Associa- math teacher realized that 100 of his Congressman Harold Runnels. I believe tion, the American Counseling Association, students failed algebra in the first it’s appropriate, 22 years later, to re- the American Medical Association, the quarter of the year. He asked a school turn the favor. American Psychological Association, and counselor for help. Together, they dis- I ask unanimous consent that the other organizations; and covered some of the reasons why stu- text of the bill be printed in the Whereas the celebration of ‘‘National School Counseling Week’’ would increase dents were failing. They initiated sev- RECORD. awareness of the important and necessary There being no objection, the bill was eral programs, such as peer tutoring role school counselors play in the lives of the and homework assistance. As a result, ordered to be printed in the RECORD, as Nation’s students: Now, therefore, be it 93 of the 100 students passed algebra by follows: Resolved, the end of the year and were able to S. 2033 SECTION 1. DESIGNATION OF NATIONAL SCHOOL move on to the next level of math. Be it enacted by the Senate and House of Rep- COUNSELING WEEK. (a) SENSE OF THE SENATE.—It is the sense A school district in Kentucky real- resentatives of the United States of America in ized that the retention rate among Congress assembled, of the Senate that the President should designate the week beginning February 2, 2004, ninth grade students was unacceptably SECTION 1. DESIGNATION. as ‘‘National School Counseling Week’’. The Federal building located at Fifth and high. School counselors, teachers and (b) PROCLAMATION.—The Senate requests administrators worked together to de- Richardson Avenues in Roswell, New Mexico, the President to issue a proclamation— shall be known and designated as the ‘‘Joe velop and implement strategies tar- (1) designating the week beginning Feb- geted at helping ninth graders move to Skeen Federal Building’’. ruary 2, 2004, as ‘‘National School Counseling SEC. 2. REFERENCES. Week’’; and 10th grade. As a result, retention rates Any reference in a law, map, regulation, (2) calling on the people of the United improved in 16 of the 17 high schools in document, paper, or other record of the States and interested groups to observe the the county in just one year. One school United States to the Federal building re- week with appropriate ceremonies and ac- saw the retention rate improve more ferred to in section 1 shall be deemed to be tivities that promote awareness of the role than 25 percent. a reference to the Joe Skeen Federal Build- school counselors perform within the school This resolution is merely the begin- ing. and the community at large to prepare stu- ning of what we need to be doing to SEC. 3. EFFECTIVE DATE. dents for fulfilling lives as contributing support school counselors. We need to This Act shall take effect on January 1, members of society. 2005. reduce the ratio of students to coun- Mrs. MURRAY. Mr. President, today selors to, at the most, 250 to 1. We need f I am pleased to submit a resolution to help schools maintain their funding SUBMITTED RESOLUTIONS designating the week of February 2, so that school counselors are not cut 2004, as ‘‘National School Counseling from school budgets. And we need to Week,’’ on behalf of my colleagues Sen- support our school counselors so that SENATE RESOLUTION 292—DESIG- ator BIDEN, Senator DORGAN, Senator they can continue to be integral in the NATING THE WEEK BEGINNING JOHNSON and Senator DODD. This reso- fabric of our schools and help our stu- FEBRUARY 2, 2004, AS ‘‘NATIONAL lution would honor and celebrate the dents achieve success in high school SCHOOL COUNSELING WEEK’’ important work of school counselors, and beyond. Mrs. MURRAY (for herself, Mr. which the Senate has recognized since School counselors design and imple- BIDEN, Mr. DORGAN, Mr. JOHNSON, and 1965 through the inclusion of school ment comprehensive developmental Mr. DODD) submitted the following res- counseling in the Elementary and Sec- school counseling programs that are olution; which was referred to the ondary Education Act. integral to the success of every stu- Committee on the Judiciary: Across the country, there are ap- dent. They help students improve aca- S. RES. 292 proximately 95,000 school counselors, demic achievement, develop personally Whereas the American School Counselor including 2,100 in Washington State. and socially and prepare for successful Association has declared the week beginning School counselors are critical compo- careers that will enable them to be February 2, 2004, as ‘‘National School Coun- nents of a successful school and con- contributing members of society. Na- seling Week’’; tribute significantly to the growth and tional School Counseling Week focuses

VerDate jul 14 2003 02:22 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27JA6.030 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S289 public attention on the unique con- (1) POST-RESTORATION INITIAL UNFUNDED AC- funding standard account under section 412 tribution of professional school coun- CRUED LIABILITY.—In the case of a plan re- of such Code or section 302 of such Act shall selors and highlights the tremendous stored under subsection (b)— be set equal to zero as of the initial post-res- impact that school counselors have in (A) the initial post-restoration valuation toration valuation date. date for a plan described in subsection (a) (g) TERMS OF RESTORED PLAN.— helping students achieve success in shall be January 1 of the calendar year fol- (1) IN GENERAL.—The terms of a plan which school and beyond. lowing the date of restoration, is restored pursuant to subsection (b) shall f (B) the initial restoration amortization be determined by mutual agreement of the AMENDMENTS SUBMITTED AND base for a plan described in subsection (a) employer and the collective bargaining representative of employees covered by the PROPOSED shall be an amount equal to the excess of— (i) the accrued benefit liabilities returned plan. If such parties are unable to reach mu- SA 2262. Mr. SPECTER submitted an by the Corporation, over tual agreement on such terms, then the amendment intended to be proposed by (ii) the market value of plan assets re- terms of the restored plan will be determined him to the bill H.R. 3108, to amend the turned by the Corporation, and by a neutral arbitrator. The neutral arbi- Employee Retirement Income Security (C) the initial restoration amortization trator will be selected by the parties within Act of 1974 and the Internal Revenue base shall be amortized in level annual in- 7 days after the earlier of the date the par- Code of 1986 to temporarily replace the stallments over a period determined pursu- ties reach an impasse or 60 days after the ant to subsection (g) but not to exceed 30 date of the enactment of this Act. The neu- 30-year Treasury rate with a rate based tral arbitrator will be selected by the parties on long-term corporate bonds for cer- years after the initial post-restoration valuation date, and the funding standard account from a panel of neutrals provided by the Na- tain pension plan funding requirements of the plan under section 412 of such Code tional Mediation Board. The neutral arbi- and other provisions, and for other pur- and section 302 of such Act shall be charged trator will render his or her determination poses; which was ordered to lie on the with such installments. not later than 120 days after the date of the table. (2) UNFUNDED SECTION 412(l) RESTORATION LI- enactment of this Act. Such determination SA 2263. Mr. SPECTER submitted an ABILITY.—For purposes of section 412 of such shall be final and binding on the parties. amendment intended to be proposed by Code and section 302 of such Act, in the case (2) SPECIFIC TERMS.—The terms of the re- him to the bill H.R. 3108, supra; which of a plan restored under subsection (b)— stored plan are subject to the following: was ordered to lie on the table. (A) the initial post-restoration valuation (A) Benefits under the restored plan for SA 2264. Mr. GRASSLEY (for Mr. date for a plan described in subsection (a) any participant or group of participants may shall be January 1 of the calendar year fol- not be greater than, but may be less than, NICKLES) proposed an amendment to those under the plan prior to its termi- amendment SA 2233 proposed by Mr. lowing the date of restoration, (B) the unfunded section 412(l) restoration nation, and forms of distribution under the GRASSLEY (for himself, Mr. BAUCUS, liability shall be an amount equal to the ex- restored plan for any participant or group of Mr. GREGG, and Mr. KENNEDY) to the cess of— participants may exclude forms available bill H.R. 3108, supra. (i) the current liability returned by the under the plan prior to its termination, and f Corporation, over any such reductions in benefits or forms of distribution shall be deemed to comply with TEXT OF AMENDMENTS (ii) the market value of plan assets returned by the Corporation, and section 411(d)(6) of such Code and section SA 2262. Mr. SPECTER submitted an (C) the unfunded section 412(l) restoration 204(g) of such Act. amendment intended to be proposed by liability amount shall be equal to the un- (B) For any participant, benefits under the him to the bill H.R. 3108, to amend the funded section 412(l) restoration liability restored plan shall be offset by the value of Employee Retirement Income Security amortized in level annual installments over contributions made on behalf of such partici- Act of 1974 and the Internal Revenue a period determined pursuant to subsection pant to any defined contribution pension Code of 1986 to temporarily replace the (g) but not to exceed 30 years after the ini- plan established by the parties in conjunc- tial post-restoration valuation date. tion with the termination of the restored 30-year Treasury rate with a rate based plan. on long-term corporate bonds for cer- (3) RULES OF SPECIAL APPLICATION.—In applying the 30-year amortization described in (C) The amortization periods for the initial tain pension plan funding requirements paragraph (1)(C) or (2)(C)— restoration amortization base and the un- and other provisions, and for other pur- (A) the assumed interest rate for purposes funded section 412(l) restoration liability poses; which was ordered to lie on the of paragraph (1)(C) shall be the valuation in- shall not exceed 30 years. table; as follows: terest rate used to determine the accrued li- (D) The minimum required cost of the re- At the appropriate place, insert: ability under section 412(c) of such Code and stored plan shall not be less than the greater SEC. ll. RESTORATION OF CERTAIN PLANS TER- section 302(c) of such Act, of— MINATING IN 2003. (B) the assumed interest rate for purposes (i) the projected cost of any defined con- (a) IN GENERAL.—The provisions of sub- of paragraph (2)(C) shall be the interest rate tribution pension plan established in con- section (b) shall apply to any defined benefit used to determine current liability as of the junction with the termination of the re- plan that was— initial post-restoration valuation date under stored plan, or (1) maintained by a commercial passenger section 412(l) of such Code and section 302(d) (ii) the amount allowed as costs under the air carrier, of such Act, employer’s original plan of reorganization (2) maintained for the benefit of such car- (C) the actuarial value of assets as of the for all of the employer’s retirement plans rier’s employees pursuant to a collective initial post-restoration valuation date shall minus the minimum required cost deter- bargaining agreement, and be reset to the market value of assets with a mined as of the plan restoration date of all (3) terminated during the calendar year 5-year phase-in of unexpected investment of the employer’s retirement plans excluding 2003 while the employer was in bankruptcy gains or losses on a prospective basis, and the restored plan. (h) PBGC LIABILITY LIMITED.—In the case under chapter 11 of title 11 of the United (D) for plans using the frozen initial liabil- of any plan which is described in subsection States Code. ity (FIL) funding method in accordance with (a), which is restored pursuant to subsection (b) RESTORATION OF PLAN.—The Pension section 412(c) of such Code and section 302(c) Benefit Guaranty Corporation shall restore (b), and which subsequently terminates with of such Act, the initial unfunded liability a date of plan termination before the end of any plan described in subsection (a), pursu- used to determine normal cost shall be reset ant to the terms described in subsection (g), the fifth calendar year after the date of res- to the initial restoration amortization base. toration, section 4022 of the Employee Re- and the control of the plan’s assets and li- (e) QUARTERLY CONTRIBUTIONS.—The re- abilities shall be transferred to the em- quirements of section 412(m) of such Code tirement Income Security Act of 1974 shall ployer. The date of restoration shall be not and section 302(e) of such Act shall not apply be applied as if the plan had been amended to later than 60 days after the date the terms of to a plan restored under subsection (b) until provide that participants would receive no the plan are determined pursuant to sub- the plan year beginning on the initial post- credit for benefit accrual purposes under the plan for service on and after the first day of section (g). restoration valuation date. The required an- (c) EXCLUSION OF EXPECTED INCREASE IN nual payment for that year shall be the less- the plan year beginning after the date of the enactment of this Act. CURRENT LIABILITY.—In applying section er of— (i) EFFECTIVE DATE.—This section shall 412(l)(1)(A)(i) of the Internal Revenue Code of (1) the amount determined under section apply to plan years beginning after Decem- 1986 and section 302(d)(1)(A)(i) of the Em- 412(m)(4)(B)(i) of such Code and section ber 31, 2002. ployee Retirement Income Security Act of 302(e)(4)(B)(i) of such Act, or 1974 with respect to a plan restored under (2) 100 percent of the amount required to be SA 2263. Mr. SPECTER submitted an subsection (b), any expected increase in cur- contributed under the plan for the plan year amendment intended to be proposed by rent liability due to benefits accruing during beginning January 1, 2003, and ending on the him to the bill H.R. 3108, to amend the each plan year as described in section date of plan termination. Employee Retirement Income Security 412(1)(2)(C) of such Code and section (f) RESETTING OF FUNDING STANDARD AC- 302(d)(2)(C) of such Act shall be excluded. COUNT BALANCES.—In the case of a plan re- Act of 1974 and the Internal Revenue (d) AMORTIZATION OF UNFUNDED AMOUNTS stored under subsection (b), any accumulated Code of 1986 to temporarily replace the UNDER RESTORATION PAYMENT SCHEDULE.— funding deficiency or credit balance in the 30-year Treasury rate with a rate based

VerDate jul 14 2003 02:30 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.022 S27PT1 S290 CONGRESSIONAL RECORD — SENATE January 27, 2004 on long-term corporate bonds for cer- (3) RULES OF SPECIAL APPLICATION.—In ap- tion with the termination of the restored tain pension plan funding requirements plying the 30-year amortization described in plan. and other provisions, and for other pur- paragraph (1)(C) or (2)(C)— (C) The amortization periods for the initial (A) the assumed interest rate for purposes restoration amortization base and the un- poses; which was ordered to lie on the of paragraph (1)(C) shall be the valuation in- funded section 412(l) restoration liability table; as follows: terest rate used to determine the accrued li- shall not exceed 30 years. At the appropriate place, insert: ability under section 412(c) of such Code and (D) The minimum required cost of the re- SEC. ll. RESTORATION OF CERTAIN PLANS TER- section 302(c) of such Act, stored plan shall not be less than the greater MINATING IN 2003. (B) the assumed interest rate for purposes of— (a) IN GENERAL.—The provisions of sub- of paragraph (2)(C) shall be the interest rate (i) the projected cost of any defined con- section (b) shall apply to any defined benefit used to determine current liability as of the tribution pension plan established in con- plan that was— initial post-restoration valuation date under junction with the termination of the re- (1) maintained by a commercial passenger section 412(l) of such Code and section 302(d) stored plan, or air carrier, of such Act, (ii) the amount allowed as costs under the (2) maintained for the benefit of such car- (C) the actuarial value of assets as of the employer’s original plan of reorganization rier’s employees pursuant to a collective initial post-restoration valuation date shall for all of the employer’s retirement plans bargaining agreement, and be reset to the market value of assets with a minus the minimum required cost deter- (3) terminated during the calendar year 5-year phase-in of unexpected investment mined as of the plan restoration date of all 2003. gains or losses on a prospective basis, and of the employer’s retirement plans excluding the restored plan. (b) RESTORATION OF PLAN.—The Pension (D) for plans using the frozen initial liabil- (h) PBGC LIABILITY LIMITED.—In the case Benefit Guaranty Corporation shall restore ity (FIL) funding method in accordance with of any plan which is described in subsection any plan described in subsection (a), pursu- section 412(c) of such Code and section 302(c) of such Act, the initial unfunded liability (a), which is restored pursuant to subsection ant to the terms described in subsection (g), (b), and which subsequently terminates with and the control of the plan’s assets and li- used to determine normal cost shall be reset to the initial restoration amortization base. a date of plan termination before the end of abilities shall be transferred to the em- the fifth calendar year after the date of res- ployer. The date of restoration shall be not (e) QUARTERLY CONTRIBUTIONS.—The requirements of section 412(m) of such Code toration, section 4022 of the Employee Re- later than 60 days after the date the terms of tirement Income Security Act of 1974 shall the plan are determined pursuant to sub- and section 302(e) of such Act shall not apply to a plan restored under subsection (b) until be applied as if the plan had been amended to section (g). the plan year beginning on the initial post- provide that participants would receive no (c) EXCLUSION OF EXPECTED INCREASE IN restoration valuation date. The required an- credit for benefit accrual purposes under the CURRENT LIABILITY.—In applying section nual payment for that year shall be the less- plan for service on and after the first day of 412(l)(1)(A)(i) of the Internal Revenue Code of er of— the plan year beginning after the date of the 1986 and section 302(d)(1)(A)(i) of the Em- (1) the amount determined under section enactment of this Act. ployee Retirement Income Security Act of 412(m)(4)(B)(i) of such Code and section (i) EFFECTIVE DATE.—This section shall 1974 with respect to a plan restored under 302(e)(4)(B)(i) of such Act, or apply to plan years beginning after Decem- ber 31, 2002. subsection (b), any expected increase in cur- (2) 100 percent of the amount required to be rent liability due to benefits accruing during contributed under the plan for the plan year SA 2264. Mr. GRASSLEY (for Mr. each plan year as described in section beginning January 1, 2003, and ending on the NICKLES) proposed an amendment to 412(1)(2)(C) of such Code and section date of plan termination. 302(d)(2)(C) of such Act shall be excluded. (f) RESETTING OF FUNDING STANDARD AC- amendment SA 2233 proposed by Mr. (d) AMORTIZATION OF UNFUNDED AMOUNTS COUNT BALANCES.—In the case of a plan re- GRASSLEY (for himself, Mr. BAUCUS, UNDER RESTORATION PAYMENT SCHEDULE.— stored under subsection (b), any accumulated Mr. GREGG, and Mr. KENNEDY) to the (1) POST-RESTORATION INITIAL UNFUNDED AC- funding deficiency or credit balance in the bill H.R. 3108, to amend the Employee CRUED LIABILITY.—In the case of a plan re- funding standard account under section 412 Retirement Income Security Act of stored under subsection (b)— of such Code or section 302 of such Act shall 1974 and the Internal Revenue Code of (A) the initial post-restoration valuation be set equal to zero as of the initial post-res- 1986 to temporarily replace the 30-year date for a plan described in subsection (a) toration valuation date. shall be January 1 of the calendar year fol- (g) TERMS OF RESTORED PLAN.— Treasury rate with a rate based on lowing the date of restoration, (1) IN GENERAL.—The terms of a plan which long-term corporate bonds for certain (B) the initial restoration amortization is restored pursuant to subsection (b) shall pension plan funding requirements and base for a plan described in subsection (a) be determined by mutual agreement of the other provisions, and for other pur- shall be an amount equal to the excess of— employer and the collective bargaining rep- poses; which was ordered to lie on the (i) the accrued benefit liabilities returned resentative of employees covered by the table; as follows: by the Corporation, over plan. If such parties are unable to reach mu- At the appropriate place, insert: (ii) the market value of plan assets re- tual agreement on such terms, then the SEC. ll. SENSE OF THE SENATE ON STATUS OF turned by the Corporation, and terms of the restored plan will be determined PRIVATE PENSION PLANS. (C) the initial restoration amortization by a neutral arbitrator. The neutral arbi- (a) FINDINGS.—Congress makes the fol- base shall be amortized in level annual in- trator will be selected by the parties within lowing findings: stallments over a period determined pursu- 7 days after the earlier of the date the par- (1) The private pension system is integral ant to subsection (g) but not to exceed 30 ties reach an impasse or 60 days after the to the retirement security of Americans, years after the initial post-restoration valu- date of the enactment of this Act. The neu- along with individual savings and Social Se- ation date, and the funding standard account tral arbitrator will be selected by the parties curity. of the plan under section 412 of such Code from a panel of neutrals provided by the Na- (2) The Pension Benefit Guaranty Corpora- and section 302 of such Act shall be charged tional Mediation Board. The neutral arbi- tion (PBGC) is responsible for insuring the with such installments. trator will render his or her determination nation’s private pension system, and cur- (2) UNFUNDED SECTION 412(l) RESTORATION LI- not later than 120 days after the date of the rently insures the pensions of 34,500,000 par- ABILITY.—For purposes of section 412 of such enactment of this Act. Such determination ticipants in 29,500 single-employer plans, and Code and section 302 of such Act, in the case shall be final and binding on the parties. 9,700,000 participants in more than 1,600 mul- of a plan restored under subsection (b)— (2) SPECIFIC TERMS.—The terms of the re- tiemployer plans. (A) the initial post-restoration valuation stored plan are subject to the following: (3) The PBGC announced on January 15, date for a plan described in subsection (a) (A) Benefits under the restored plan for 2004, that it suffered a net loss in fiscal year shall be January 1 of the calendar year fol- any participant or group of participants may 2003 of $7,600,000,000 for single-employer pen- lowing the date of restoration, not be greater than, but may be less than, sion plans, bringing the PBGC’s deficit to (B) the unfunded section 412(l) restoration those under the plan prior to its termi- $11,200,000,000. This deficit is the PBGC’s liability shall be an amount equal to the ex- nation, and forms of distribution under the worst on record, three times larger than the cess of— restored plan for any participant or group of $3,600,000,000 deficit experienced in fiscal (i) the current liability returned by the participants may exclude forms available year 2002. Corporation, over under the plan prior to its termination, and (4) The PBGC also announced that the sep- (ii) the market value of plan assets re- any such reductions in benefits or forms of arate insurance program for multiemployer turned by the Corporation, and distribution shall be deemed to comply with pension plans sustained a net loss of (C) the unfunded section 412(l) restoration section 411(d)(6) of such Code and section $419,000,000 in fiscal year 2003, resulting in a liability amount shall be equal to the un- 204(g) of such Act. fiscal year-end deficit of $261,000,000. The 2003 funded section 412(l) restoration liability (B) For any participant, benefits under the multiemployer plan deficit is the first deficit amortized in level annual installments over restored plan shall be offset by the value of in more than 20 years and is the largest def- a period determined pursuant to subsection contributions made on behalf of such partici- icit on record. (g) but not to exceed 30 years after the ini- pant to any defined contribution pension (5) The PBGC estimates that the total tial post-restoration valuation date. plan established by the parties in conjunc- underfunding in multiemployer pension

VerDate jul 14 2003 01:17 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.027 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — SENATE S291 plans is roughly $100,000,000, and in single- AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON TERRORISM, TECHNOLOGY employer plans is approximately $400,000,000. MEET AND HOMELAND SECURITY This underfunding is due in part to the re- Mr. GRASSLEY. Mr. President, I ask COMMITTEE ON AGRICULTURE, NUTRITION AND cent decline in the stock market and low in- unanimous consent that the Com- FORESTRY terest rates, but is also due to demographic mittee on the Judiciary Subcommittee changes. For example, in 1980, there were Mr. GRASSLEY. Mr. President, I ask on Terrorism, Technology and Home- four active workers for every one retiree in unanimous consent that the Com- land Security be authorized to meet to a multiemployer plan, but in 2002, there were mittee on Agriculture, Nutrition, and conduct a hearing on Tuesday, January only two active workers for every one re- Forestry be allowed to conduct a hear- tiree. 27, 2004, at 11:15 a.m., on ‘‘Covering the ing during the session of the Senate on (6) This pension plan underfunding is con- Waterfront—A Review of Seaport Secu- Tuesday, January 27, 2004. The purpose centrated in mature and often-declining in- rity since September 11, 2001,’’ in the of this hearing will be to examine the dustries, where plan liabilities will come due Dirksen Senate Office Building Room current situation regarding the dis- sooner. 226. (7) Neither the Senate Committee on Fi- covery of a case of bovine spongiform Witness List: Larry Hereth, Rear Ad- nance nor the Senate Committee on Health, encephalopathy in a dairy cow in miral, Director of Port Security, Education, Labor, and Pensions (HELP), the Washington State as it relates to food United States Coast Guard, Alexandria, committees of jurisdiction over pension mat- safety, livestock marketing, and inter- ters, has held hearings this Congress nor re- VA; Mr. Robert M. Jacksta, Executive national trade. ported legislation addressing the funding of Director, United States Customs and The PRESIDING OFFICER. Without multiemployer pension plans; Border Patrol, Fairfax, VA; and Mr. objection, it is so ordered. (8) The Senate is concerned about the cur- Gary M. Bald, Inspector—Deputy As- rent funding status of the private pension COMMITTEE ON FOREIGN RELATIONS sistant Director FBI, Washington, DC. system, both single and multi-employer Mr. GRASSLEY. Mr. President, I ask plans; The PRESIDING OFFICER. Without (9) The Senate is concerned about the po- unanimous consent that the Com- objection, it is so ordered. tential liabilities facing the PBGC and, as a mittee on Foreign Relations be author- result, the potential burdens facing healthy ized to meet during the session of the f pension plans and taxpayers; Senate on Tuesday, January 27, 2003 at 10 a.m. to hold a hearing on ‘‘Afghani- ORDERS FOR WEDNESDAY, (b) SENSE OF THE SENATE.—It is the sense JANUARY 28, 2004 of the Senate that the Committee on Fi- stan Stabilization & Reconstruction: A nance and the Committee on Health, Edu- status report. Mr. GRASSLEY. Mr. President, I ask cation, Labor, and Pensions should conduct The PRESIDING OFFICER. Without unanimous consent that when the Sen- hearings on the status of the multiemployer objection, it is so ordered ate completes its business today, it ad- pension plans, and should work in consulta- COMMITTEE ON THE JUDICIARY journ until 11 a.m., Wednesday, Janu- tion with the Departments of Labor and ary 28. I further ask that following the Treasury on permanent measures to Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Com- prayer and pledge, the morning hour be strengthen the integrity of the private pen- deemed expired, the Journal of pro- sion system in order to protect the benefits mittee on the Judiciary be authorized of current and future pension plan bene- to meet to conduct a hearing on Tues- ceedings be approved to date, the time ficiaries. day, January 27, 2004, at 9:30 a.m. on for the two leaders be reserved for their ‘‘Ensuring the Continuity of the United use later in the day, and the Senate f States Government: A Proposed Con- then resume consideration of H.R. 3108, stitutional Amendment to Guarantee a the pension bill, as provided under the previous order. NOTICES OF HEARINGS/MEETINGS Functioning Congress,’’ in the Dirksen Senate Office Building Room 226. The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL Witness List: Hon. Alan K. Simpson, objection, it is so ordered. RESOURCES Co-Chairman, Continuity of Govern- f Mr. DOMENICI. Mr. President, I ment Commission, Former United would like to announce for the infor- States Senator [R–WY], Cody, WY and PROGRAM Prof. Sanford V. Levinson, W. St. John mation of the Senate and the public Mr. GRASSLEY. Tomorrow morning that three hearings have been sched- Garwood and W. St. John Garwood, Jr., Centennial Chair in Law and Professor the Senate will resume consideration uled before the Committee on Energy of H.R. 3108, the pension bill. Under the and Natural resources to consider the of Government, University of Texas Law School, Austin, TX. previous order, there will be 40 minutes President’s proposed FY 2005 budget. The PRESIDING OFFICER. Without of debate prior to the vote in relation The Committee will hear testimony objection, it is so ordered. to the Kyl second-degree amendment from the following: regarding waivers. Following the dis- SPECIAL COMMITTEE ON AGING position of the Kyl amendment, we 1. The Department of Energy on Mr. GRASSLEY. Mr. President, I ask should be prepared to quickly move to Tuesday, February 10, 2004, beginning unanimous consent that the Special a vote on passage of the underlying leg- at 10 a.m., in room SD–366 of the Dirk- Committee on Aging be authorized to islation. Senators should therefore ex- sen Senate Office Building in Wash- meet Tuesday, January 27, 2004 from 10 pect a vote or maybe two votes prior to ington, DC. a.m.–12 p.m. in Dirksen 628 for the pur- noon tomorrow. In addition to the pen- 2. The Department of the Interior on pose of conducting a hearing. sion rate bill, the Senate may consider Thursday, February 12, 2004, beginning The PRESIDING OFFICER. Without any judicial nominations that can be at 10 a.m., in room SD–366 of the Dirk- objection, it is so ordered. cleared for action. Additional votes sen Senate Office Building in Wash- SUBCOMMITTEE ON FINANCIAL MANAGEMENT, are, therefore, possible during Wednes- ington, D.C. THE BUDGET AND INTERNATIONAL SECURITY day’s session of the Senate. Mr. GRASSLEY. Mr. President, I ask 3. The Forest Service on Tuesday, unanimous consent that the Com- f March 2, 2004, beginning at 10 a.m., in mittee on Governmental Affairs’ Sub- room SF–366 of the Dirksen Senate Of- committee on Financial Management, ADJOURNMENT UNTIL 11 A.M. fice Building in Washington, D.C. the Budget, and International Security TOMORROW For further information on these be authorized to meet on Tuesday, Jan- Mr. GRASSLEY. Mr. President, if hearings, please call Carole McGuire, uary 27, 2004 at 10 a.m. for a hearing ti- there is no further business to come be- Deputy Staff Director at (202) 224–0537; tled, ‘‘Oversight Hearing on Mutual fore the Senate, I ask unanimous con- or Shane Perkins, Staff Assistant, (De- Funds: Hidden Fees, Misgovernance, sent that the Senate stand in adjourn- partment of Energy hearing) at 202–224– and Other Practices that Harm Inves- ment under the previous order. 7555 or Meghan Beal, Staff Assistant, tors.’’ There being no objection, the Senate, (Department of the Interior and Forest The PRESIDING OFFICER. Without at 4:49 p.m., adjourned until Wednes- Service hearings) at (202) 224–7556. objection, it is so ordered. day, January 28, 2004, at 11 a.m.

VerDate jul 14 2003 01:17 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A27JA6.026 S27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E47 EXTENSIONS OF REMARKS

TRIBUTE TO TOM J. DONOHOE him. I know that my colleagues will join me in plicants continues to increase while the stand- saluting this fine man and community leader. ards for admission are the highest the univer- HON. CHARLES H. TAYLOR f sity has ever seen. At the same time, LSU has been able to retain over 80 percent of its stu- OF NORTH CAROLINA IN HONOR OF LOUISIANA STATE IN THE HOUSE OF REPRESENTATIVES dents and graduate more than half of its can- UNIVERSITY didates. With admission requirements set to Tuesday, January 27, 2004 rise again in 2005, LSU will continue to offer Mr. TAYLOR of North Carolina. Mr. Speak- HON. CHRISTOPHER JOHN an excellent affordable education to the young er, it is my honor to rise and commend one of OF LOUISIANA men and women who study there. Western North Carolina’s and Buncombe IN THE HOUSE OF REPRESENTATIVES I appreciate this opportunity to recognize County’s finest citizens, the late Tom J. Tuesday, January 27, 2004 some of the accomplishments of this fantastic Donohoe, ‘‘The big man with the big heart.’’ Mr. JOHN. Mr. Speaker, on January 4, institution. As LSU continues to strive for ex- Tom passed away on November 6, 2001. He 2004, the Louisiana State University Tiger cellence, Louisiana can be proud that the uni- was a personal friend of mine for many years, football team, my alma mater, defeated the versity remains a respected national force in and he will be sorely missed. Oklahoma Sooners 21–14 in the Nokia Sugar both athletics and academics. Born in Greenville, South Carolina, Tom’s Bowl, securing the Bowl Championship Series f family moved to North Carolina where he National Title. The Fighting Tigers did their IN HONOR AND IN MEMORY OF graduated from Biltmore High School in 1952. State proud by bringing home the first football CHIEF WARRANT OFFICER PHIL- As an alumnus of Biltmore High School, sav- National Championship in 45 years. This IP A. JOHNSON, JR. ing the school from destruction became a pet unique honor is one that every citizen in Lou- project of Tom’s in recent years. Last June the isiana will certainly cherish. LSU Chancellor HON. JO BONNER WNC Historical Association acquired the deed, Mark Emmert, Coach Nick Saban, the student- OF ALABAMA and Tom sought my help for $300,000 for the athletes, cheerleaders, members of the band IN THE HOUSE OF REPRESENTATIVES ‘‘Biltmore School Museum,’’ which was pro- and fans deserve a moment of recognition for vided in the 2002 Interior Appropriation. a job well done. Tuesday, January 27, 2004 After high school, Tom served in the United However, the football team has not been the Mr. BONNER. Mr. Speaker, on Friday, Jan- States Army and twelve years in the National university’s only champions this year. The uary 16, the First Congressional District of Guard and Reserves. He was a man who women’s indoor and outdoor track teams both Alabama and, indeed, our entire State and loved his country, his community, and his peo- earned the title of ‘‘best in the Nation’’; the Nation, said goodbye to another casualty of ple. Tom supported the East Asheville Youth baseball team claimed first place in the South- the war in Iraq. Program for the past 47 years, giving freely of eastern Conference, which propelled them to Army Chief Warrant Officer Philip A. John- his time, materials, labor and money to this yet another College World Series. I know that son, Jr., was a native of Davenport, Iowa, and program, not for recognition but because he fans throughout the country have watched with a longtime resident of Mobile, Alabama. He loved young people. Together, Tom and his intense excitement as the Tigers distinguished originally joined the United States Marine wife Betty founded Asheville Electric forty themselves on the field of play. Corps in 1993 and transferred to the Army in years ago, building it into a thriving business, LSU’s accomplishments have in no way 1997, where he was serving his 6th year. He of which Tom was President, employing about been limited to athletic achievements. As one was a member of the 501st Medivac Unit at- 35 people. of the Nation’s largest institutions of higher tached to the 4th Infantry Division. He and his When the new Reynolds High School was learning, the university continues to raise its wife, Melissa Johnson, a member of the Air built, it was Tom Donohoe who offered to wire standards and increase its funds for research. Force, were living in Colorado Springs, Colo- the school, and he drove to Kansas to get the In the last fiscal year, a record-breaking rado, when Philip’s unit was activated and de- famous ‘‘Rocket’’—an Army surplus ‘‘Honest $122.4 million was awarded to the school in ployed to Iraq last year. John’’ rocket—which he helped mount at the the form of research awards and sponsored On January 8, 2004, the medical helicopter entrance to the school and is the school’s projects, establishing LSU as a significant he was on crashed about 4 miles south of mascot. Tom provided the lighting for the player in the development of innovative ideas Fallujah, a stronghold of anti-American insur- school’s football and baseball stadiums. and technology. In the quest for increased gency. U.S. military officials have confirmed Tom took an active part in politics in Ashe- technology, faculty and staff designed and de- that a rocket struck the helicopter before it ville and Buncombe County. For many years veloped SuperMike, one of the fastest com- went down. CWO Johnson and eight other he contributed to the campaigns of good men puters on the face of the planet. This impres- soldiers died in this crash. and women who ran for public office and sive machine is expected to do a myriad of Philip, who lived in Mobile for several years, stood as a candidate for Asheville City Council important tasks from helping to develop the was a devoted husband, son, and brother. He in 1989. He was well known for donning an next generation of the Internet, TeraGrid, to was a committed soldier who was not only apron and cooking at fundraisers for local can- modeling coastal erosion and storm damage. doing what he wanted to do, but doing what didates. In response to our country’s heightened he loved. He truly felt he was doing the right In addition to being a well-known business- awareness to issues of national security, LSU thing. Philip had given 9 years of his life fight- man, Tom served two four-year terms on the has developed a National Center for Security ing for the lives of the American people. Trag- Asheville Regional Airport Authority. During and Research. The center will pull from ex- ically, Philip A. Johnson, Jr., became the third that time he served as vice-chairman, chair- perts in a number of LSU’s departments as soldier from Alabama’s First Congressional man of the building and grounds committee, well as the private sector to share knowledge District to die in Iraq. and employee relations committee. He was about the best ways to deal with national ca- According to his parents, Philip recently told also a Shriner with the Oasis Temple and a tastrophes. them he never realized that you have to teach member of the Biltmore Masonic Lodge, Ashe- While all of this has been going on, the fac- people to be free. His mother, Barbara John- ville York Rite and the Asheville Scottish Rite. ulty as LSU continue to be among the best in son, said, ‘‘He died doing what he loved; it Tom married Betty Brittain 43 years ago, the Nation and have garnered awards too nu- was just a little early.’’ they reared two children: Susan Donohoe merous to mention here. As a result, faculty Mr. Speaker, it is only appropriate for us to Martin of Asheville and Daniel Woron of Flor- pay has increased and the school has been pause and give thanks to God that there are ida. able to retain and attract some of the country’s still young men like Philip A. Johnson, Jr. He Tom Donohoe was a big man with an even greatest minds. represented what is best about America. bigger heart. WNC and Buncombe County These accomplishments have translated into I urge my colleagues to take a moment and have lost a very good friend and we will miss a rising bar for LSU students. The pool of ap- pay tribute to Chief Warrant Officer Philip A.

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

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.001 E27PT1 E48 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 Johnson, Jr., and his selfless devotion to not Sexton Jr., who had served for 13 years as $180 million budget, the largest in the school’s only our country and the freedom we enjoy, youth pastor and evangelist, became pastor. 124 years. This money will be available to run but to a people who are but now in the infant The senior Sexton remained pastor emeritus the university’s five campuses spread through- stages of a new life, a new freedom in their and stayed involved despite health problems. out Louisiana. A significant portion of the own land. Sexton, who was always true to his calling, budget had been allocated for endowed pro- We should also remember his wife, Melissa; will be remembered as ‘‘a very straightforward, fessorships which now stand at 31, but are set his parents, Philip Johnson, Sr., and Barbara unashamed preacher of the Gospel,’’ accord- to increase. The university is also preparing to Johnson; and his two younger brothers, Mat- ing to Asheville Citizen-Times columnist Bob make drastic changes to a number of its cam- thew and Peter. May God give them the Terrell, who wrote a book about him. ‘‘He was puses. Construction is set to begin on residen- strength and courage that only He can provide a giant among the nation’s old-time religion- tial housing developments on the Baton to sustain them during the difficult days ahead. ists,’’ Terrell said. ‘‘He helped change literally Rouge, New Orleans and Shreveport cam- It was Joseph Campbell who said, ‘‘A hero thousands of lives.’’ puses as well as improvements to the athletic is someone who has given his or her life to Sexton was a man of God and of the moun- facilities and off-campus housing. something bigger than oneself.’’ Make no mis- tains who will be missed by many. His family These accomplishments define Southern take, Philip A. Johnson, Jr., was not only a and others who loved him can take comfort in University as one of the preeminent Histori- dedicated soldier who made the ultimate sac- knowing that he left a legacy through which cally Black Colleges in the country and a rifice serving in the uniform of his country; but lives will continue to be changed and en- source of tremendous pride for Louisiana. he was also a true American hero. riched. From its humble beginnings in 1880, Southern f f has grown into a vast university system with over 15,000 students. However, the school THE REVEREND DR. RALPH IN HONOR OF SOUTHERN continues to produce outstanding graduates SEXTON, SR. UNIVERSITY and loyal alumni. I know that the university will proceed with confidence as a respected force HON. CHARLES H. TAYLOR HON. CHRISTOPHER JOHN in education and athletics. OF NORTH CAROLINA OF LOUISIANA f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES CONGRATULATIONS TO JUDGE Tuesday, January 27, 2004 Tuesday, January 27, 2004 JOHN F. BUTLER ON THE OCCA- Mr. TAYLOR of North Carolina. Mr. Speak- Mr. JOHN. Mr. Speaker, the Southern Uni- SION OF HIS RETIREMENT er, it is my honor to rise and commend one of versity football team gave Jaguar fans Western North Carolina’s and Buncombe throughout Louisiana something to cheer HON. JO BONNER County’s finest citizens, the late Dr. Ralph about when they were recently recognized by OF ALABAMA Sexton, Sr. With the death of the Rev. Sexton the Sheridan poll as the 2004 Historically IN THE HOUSE OF REPRESENTATIVES Sr., Asheville lost one of the most energetic Black College National Champions. The foot- and effective members of its religious commu- ball team certainly earned this distinction by Tuesday, January 27, 2004 nity. Sexton, who founded Trinity Baptist completing an impressive 12–1 season that in- Mr. BONNER. Mr. Speaker, it is with great Church, died from a brain tumor. He was 84. cluded victories in the Bayou Classic over pride and pleasure that I rise to pay tribute to Sexton began preaching when he was just instate rival Grambling State University and the Honorable John F. Butler on the occasion a teenager after being drawn into a tent re- Alabama State University in the Southwestern of his retirement from the bench of the Mobile vival where he gave his heart to God. He was Athletic Conference championship game. Con- County Circuit Court. For the past 21 years, on his way to see a movie when he physically gratulations are in order for Southern Univer- Judge Butler has served the families of the felt something pull on his coat. ‘‘He said it sity Chancellor Edward Jackson, Coach Pete State of Alabama with compassion, dedication, really frightened him,’’ said Jerry Payne, who Richardson, the student-athletes, cheer- and a tremendous level of commitment. served as Sexton’s assistant pastor for 42 leaders, members of the band and fans. Beginning in 1971, with his appointment as years. Sexton left the movie and ended up at The Jaguar football team joins with a num- referee for the juvenile court, Judge Butler has the tent revival. ber of other Southern athletic teams that have devoted his life to the well-being of young Not long afterwards, he began preaching. had success. In 2002, Southern University people in south Alabama. In addition to his And what a preacher he was. In the early was ranked by Sports Illustrated magazine as three terms as circuit court judge, he has years, he preached in tents and front yards, in the 131st best Division I athletic program in served 2 decades as the presiding juvenile empty lots and driving down the street in a car the Nation, quite an accomplishment when court judge of Mobile County. Along with his outfitted with a loudspeaker. He even found thinking about all of the terrific athletic pro- duties on the bench, Judge Butler has also himself in jail a few times when police arrested grams throughout the country. Seven teams, operated the Strickland Youth Center and was him for disturbing the peace. ‘‘He was from including baseball, women’s basketball, bowl- instrumental in the creation of area Boys and that old mountain cut,’’ Payne said. ‘‘He ing and softball, took SWAC titles. The univer- Girls Club programs, the Camp Martin Leader- preached in simple layman’s terms.’’ sity was the highest ranked Historically Black ship Academy, the Girls Reaching Woman- ‘‘He was just a powerful preacher,’’ accord- College on the Sports Illustrated list. hood Thru Healing (GROWTH) program, and ing to his longtime friend, J. Wendell Runion, The Jaguars also boast one of the most dy- Pointe Academy for juvenile offenders. With- president and director of International Baptist namic marching bands in the country. A re- out fail, Judge Butler has focused a tremen- Outreach Missions based in Asheville. Audi- vered and cherished tradition, the band never dous level of energy and time on his efforts to ences were ‘‘spellbound’’ by him, Runion said. ceases to amaze. Last year, led by Dr. Isaac help young men and women overcome the dif- In time, Sexton found a more potent way to Greggs, the band participated in a competition ficulties of their past and become focused and deliver his message about Christ. His Sunday involving more than 20 other black colleges. successful members of their community. morning television program ‘‘Send the Light’’ Southern emerged victorious and took first Along with his many professional respon- first went on the air in 1960. He also preached place as well as a $10,000 award. sibilities, Judge Butler has also served as a on radio and at tent revivals. Then in 1966, However, athletics and extracurricular activi- member of numerous statewide juvenile jus- Sexton founded Trinity Baptist Church. He ties are just some of the many exciting things tice programs. This long list includes service built an auditorium for 500 people even though going on at Southern. The university was as chairman of the Governor’s Advisory Coun- he had a congregation of about only 125. Trin- named yet again as one of the top 50 colleges cil on Youth, a term as president of the Ala- ity has since grown into one of Asheville’s with the best environment for African Amer- bama Council of Juvenile and Family Court largest churches, with programs that support ican students; and only three other public Judges, and 8 years as a trustee to the Na- missionaries around the world and provide as- black universities were ranked above South- tional Council of Juvenile and Family Court sistance to the victims of poverty, natural dis- ern. This survey proves that Southern offers Judges. His work in these areas, as well as asters and famine. Trinity’s programs today in- an excellent, well-rounded education at an af- his professional accomplishments, has also re- clude a Spanish Church, Trinity Baptist Bible fordable price. sulted in public recognition and many awards College and Hearts with Hands, a non- Some of the achievements at Southern can during his long years of public service. denominational nonprofit humanitarian relief be attributed to the rising operating budget Judge Butler is also one of America’s proud organization. Sexton served as the church’s and funds available for campus improvements. veterans, having served for many years in the pastor until 1988, when his son, Dr. Ralph The university is currently operating with a United States Army. Following his graduation

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.006 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E49 from college, he enlisted in the Army as a pri- Holshouser’s tenure. She served as deputy CONGRATULATIONS TO ED SWAN vate and after a period of outstanding service Clerk of Court in Buncombe County and was ON THE OCCASION OF HIS RE- received a direct commission as a second a valued member of former Rep. Hendon’s TIREMENT FROM THE SOCIAL lieutenant. A veteran of the war in Vietnam district office until 1983. She was also the SECURITY ADMINISTRATION and the recipient of the Bronze Star and nine Buncombe County Chairman for the 1992 other medals, Judge Butler retired as a colo- election of President George H.W. Bush. HON. JO BONNER nel from the United States Army Reserve in Mrs. Potter was a charter member of West- OF ALABAMA 1995. minster Presbyterian Church, where she was IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me an Elder and served as a member of the Ses- Tuesday, January 27, 2004 today in recognizing Judge John Butler for his sion. She was also a member of the board of tremendous contributions to the citizens of the directors for the preschool. She was the last Mr. BONNER. Mr. Speaker, it is with great First Congressional District of Alabama. The living charter member of the Buncombe Coun- pride and pleasure that I rise to honor Mr. Ed experience and enthusiasm he brought to his ty Republican Women’s Club and a lifetime Swan on the occasion of his retirement from job and the concern and compassion he dis- member of the North Carolina Republican the Mobile district office of the Social Security played for the young people of the region are Women’s Club. She was also a member of Administration. For the past 30 years, he has unquestioned and unparalleled. He has indeed Phi Mu women’s fraternity and was a member served the families of the State of Alabama been a genuine asset both to the circuit court and officer of the Sky-Hy Chapter of the Amer- with compassion, dedication, and a tremen- and to the thousands of men, women, and ican Business Women’s Association. dous level of commitment to the men, women, children he has assisted over the past 2 dec- She is survived by her husband of 60 years, and children served by the Social Security Ad- ades. I am proud and honored to call him my ministration. friend. Lt. Col. Wesley J. Potter (ret.); daughters, Dr. Cynthia Potter Smith and husband, Durham, Beginning in June 1973, with his first as- Make no mistake, the judge’s talents and signment to the Social Security office in Mo- experience on the bench will be sorely of Lake Wylie, S.C., and Lynda Potter Fagan and husband, Michael, of Asheville; grand- bile, Alabama, Ed Swan worked for 3 decades missed, but I am confident he will continue to in a succession of representative and super- remain actively involved in the life of the Mo- daughter, Shanon Fagan of Asheville; grandson, Matthew Smith and wife, Sonya, of Clo- visory roles in five Social Security offices bile community for many years to come. Along throughout the State. His outstanding record with his friends and colleagues throughout ver, S.C.; and granddaughter, Erin Fagan of Washington, D.C., and Asheville. as a service representative, claims representa- Alabama, I wish to extend to Judge Butler and tive, operations supervisor, branch manager, Mrs. Potter is also survived by three great- his family all the best now and in the future. and management assistant in the Social Secu- grandchildren; a niece, Sally Pollock and a f rity system resulted in positive results for the nephew, Robert Suther, both of Washington many families who benefited from his efforts. IN TRIBUTE OF DOROTHY POTTER state and a great-nephew. Additionally, the work ethic he displayed resulted in his receiving numerous citations and HON. CHARLES H. TAYLOR f OF NORTH CAROLINA awards, including a Regional Commissioner’s IN THE HOUSE OF REPRESENTATIVES IN HONOR OF WALTER COMEAUX Team Citation for his work with the Disability Claims Manager pilot program in Mobile. Tuesday, January 27, 2004 Ed Swan is also one of America’s proud Mr. TAYLOR of North Carolina. Mr. Speak- HON. CHRISTOPHER JOHN veterans, having served in the United States er, it is my honor to rise and commend one of OF LOUISIANA Navy with distinction while assigned to Air Western North Carolina’s and Buncombe IN THE HOUSE OF REPRESENTATIVES Squadron 27 on board the aircraft carrier USS Counties finest citizens, the late Dorothy A. Intrepid. Potter. Dot, as she was fondly called by her Tuesday, January 27, 2004 Mr. Speaker, I ask my colleagues to join me many, many friends and acquaintances, Mr. JOHN. Mr. Speaker, I would like to take today in recognizing Ed Swan for his tremen- passed away on November 8, 2003. She was this opportunity to extend my hearty congratu- dous contributions to the citizens of the First a wonderful woman, who worked tirelessly for lations to Walter Comeaux, a friend and col- Congressional District of Alabama. The experi- not only the Republican Party, but also to edu- league from my district, upon the completion ence and enthusiasm he brought to his job cate others about this great country’s political of 30 years of public service. In that time, Mr. and to the Social Security Administration will system in general. I doubt there was ever an Comeaux has dutifully served the people of indeed be missed, but I have no doubt he will election that Dot did not participate in, in some Lafayette Parish and exemplified what it truly turn his talents to many other positive pursuits shape, form or fashion. means to be a servant of the people. in the days and months to come. Ed has in- Dorothy Belle Alexander Potter was born deed been a genuine asset both to his agency Mr. Comeaux has spent more than half of Feb. 24, 1920, in Charlotte, the youngest and to the thousands of men and women he his life working to better the local government daughter of the late Robert Lester and Cynthia assisted over the past 3 decades, and I have in Lafayette Parish. He began as a young City Welch Alexander. She was a direct descend- been proud to call him my friend. Council member in Broussard, Louisiana, and ant of Hezekiah Alexander, a signer of the Along with his many friends and colleagues then as member of the Lafayette Police Jury, Mecklenburg Declaration of Independence and throughout Alabama, I wish to extend to Ed including 4 years as president of that body. a founding father of Charlotte. She was a Swan; his lovely wife, Cynthia; and their chil- However, his greatest political accomplishment classmate of the Rev. Dr. Billy Graham at dren, Jason and Kellie all the best in the came as the Lafayette City and Parish govern- Sharon High School and graduated in 1936. months and years ahead. ments consolidated in 1996. He was elected She earned a B.S. in library science from f Queens College in 1940. Mr. and Mrs. Potter as the first City-Parish Council President and moved to Asheville in 1948. charged with the difficult task of making the HONORING PATRICIA GARMAN AS Mrs. Potter was an energetic, founding newly formed government operate smoothly. CENTRAL FAIRFAX CHAMBER OF member of the Buncombe County Republican As the first chief executive of the City-Parish COMMERCE BUSINESS LEADER Party and remained active in area politics for government, Mr. Comeaux excelled; and 4 OF THE YEAR the majority of her life. She was vice chairman years later his constituents returned him to of- of the Buncombe County Republican Party for fice. In his 8 years as president, he made HON. TOM DAVIS countless improvements to the parish infra- 16 years. Mrs. Potter served in many cam- OF VIRGINIA structure while working to craft an efficient and paigns including the historic 1969 City Council IN THE HOUSE OF REPRESENTATIVES Race, electing a Republican majority and responsive local government. Wayne Montgomery, M.D., as mayor, the At the end of his career of service, I have Tuesday, January 27, 2004 1972 gubernatorial race electing Jim no doubts that Lafayette is a better place to Mr. TOM DAVIS of Virginia. Mr. Speaker, I Holshouser as the first Republican governor in live due in large part to his efforts. I know that rise today to honor Patricia Garman as Central North Carolina since Reconstruction and the he is looking forward to more time with his Fairfax Chamber of Commerce Business 1980 election of Bill Hendon to the U.S. family and friends, but his departure will cer- Leader of the Year. House of Representatives. tainly be a loss. I applaud his success and ap- Ms. Garman, known to friends and col- Mrs. Potter was chairman of the Governor’s preciate the time and commitment he has leagues as Patt, is widely respected through- Western Residence Committee during Gov. given as a public officer. out the Fairfax business community. Honest

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.008 E27PT1 E50 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 and reliable, with business savvy, Patt has The EU’s united stand against drug abuse career as a correctional officer. He was re- proven to be an incredibly effective strengthens global efforts to prevent drug sponsible for the overall security of the businessperson. She gives every venture her abuse and to put away drug pushers and oth- Merced County Rehabilitation Center. all and is always ready to take on new chal- ers, including terrorists, who financially benefit Commander Atkinson’s work ethic was rec- lenges. Moreover, Patt sees every project from destructive drug addiction. ognized, and he quickly moved up the chain of through until completion, producing consist- It is disappointing that the EU agreement command. In 1979, he was promoted to the ently impressive results. will allow the so-called ‘‘coffee shops’’ in the rank of corporal and was reassigned to the Patt heads a team of four investment advi- Netherlands, where marijuana can be legally Merced County branch jail. After being as- sors at Capital Planning & Investments, Inc., abused, to remain open. I am, however, en- signed to the Merced County main jail in 1981, her own successful, independent advisory couraged that the Netherlands is investigating Commander Atkinson was responsible for su- firm. CPI offers a variety of financial solutions possible approaches that would end U.S. drug pervising booking procedures and the health for local businesses and individuals, including tourism to Amsterdam. and welfare of the inmates. For 5 years, Com- customized investment and insurance advice Dutch Justice Minister Piet Hein Donner has mander Atkinson gathered statistics for a work on an hourly and ongoing basis. stated that the Netherlands Government is furlough program and supervised a work-in- In addition, Patt is highly involved with the considering rules under which ‘‘coffee shops’’ lieu pilot program, which required him to sub- Central Fairfax Chamber of Commerce. She would only be allowed to sell drugs to Dutch mit the policy and procedure to the Merced serves on the CFCC Board of Directors and residents as part of its obligation to dissuade County Board of Supervisors. Commander Atkinson continued to dem- Small Business Committee, and through the tourists from going to Amsterdam for drugs. onstrate his work ethic for the department and CFCC, she has become treasurer of the city- Under his proposal, only Dutch residents with was assigned to the Main Jail Division as a fa- wide Chocolate Lovers Festival Committee. identity cards would be allowed to use the cility manager in September 1995. He as- While in these positions, Patt has had nu- cannabis cafes. This move would protect sumed all duties and responsibility for the divi- merous notable accomplishments. For exam- Americans visiting Amsterdam from the dan- sion, as well as ensuring the facility was in ple, she created a program in which CFCC gers of engaging in drug abuse. Currently, for- compliance with the Board of Corrections breakfast seminars would pay for themselves. eign tourists, including Americans, make up guidelines, exceeding Health Department Through her table-top display program, Patt about 40 percent of the ‘‘coffee shop’’ sales in standards and State fire marshal inspections. personally works with CFCC members to at- Amsterdam, according to the London Times. In 1999, Commander Atkinson was nomi- tract and schedule sponsors for the seminars. I also hope that this agreement will further nated by his peers for Officer of the Year. His The popularity of Patt’s program has enabled our international efforts to control the traf- years of hard work for the Merced County it to continue in the upcoming year. ficking of ecstasy and other dangerous syn- Sheriff’s Department did not go unrecognized, Patt also was responsible for computerizing thetic drugs. In recent years, traffickers have and his peers selected him as their 1999 Offi- CFCC files for easy recording, implementing set up their illegal manufacturing operations in cer of the Year. Soon after, he was promoted an aggressive budget and achieving Not-for- countries like the Netherlands in hopes of to sergeant and reassigned to the Sandy Profit status. These successes are indicative avoiding tough penalties if they are caught. Mush Adult Correctional Facility as a shift su- of her commitment, drive and character. Patt This agreement should send a clear signal to pervisor, and then in May of 2001 he was pro- likes to make things happen and motivates the cartels that Europe and the U.S. will con- moted to senior sergeant. He displayed true others with her infectious spirit. When she tinue to work together to break up these inter- dedication while supervising the Work Re- sees needs, she addresses them, rallying oth- national drug rings. lease/Classification Unit and was responsible ers around her to turn visions into reality. Furthermore, I am encouraged that the for reviewing applications for eligibility for work All things considered, Patt’s special honor Netherlands has also agreed to increase its release programs. truly is well deserved. Over the years, she has sanctions for the possession of small quan- Finally, in November 2002, Commander At- made a lasting impact on the CFCC and tities of marijuana to a year from 1 month. kinson was promoted to his current rank and greater Fairfax business community. She is an These are important steps that I hope will supervises the activities and employees of a accomplished businessperson who success- eventually lead to stiffer penalties for all drug correctional facility for the Merced County fully leads others through example. I ask that abuse. Sheriff’s Department. As commander, he pro- my colleagues join me in applauding Patricia It is increasingly clear that every nation vides direction to subordinates and is respon- Garman and congratulating her on this distin- must play a role in educating the public as to sible to take necessary action when alerted to guished achievement. why drug abuse is harmful and in preventing emergencies or potentially dangerous situa- f drug addiction. As long as one country toler- tions. ates the production, sale or distribution of any Commander Atkinson will retire on January EUROPEAN UNION’S UNITED illegal drugs, other nations, communities and 23, 2004. I ask all of my colleagues to help STAND AGAINST DRUG ABUSE families are vulnerable to the threats caused me thank Commander Atkinson for his devo- by drug abuse that is easily transported tion and loyalty to the Merced County Sheriff’s HON. MARK E. SOUDER across borders. Department, the State of California, and our OF INDIANA The EU’s commitment to not tolerate drug Nation. I am honored to call Bill my friend, and I wish him a very happy retirement. IN THE HOUSE OF REPRESENTATIVES abuse and drug tourism protects not only the f Tuesday, January 27, 2004 families and communities of Europe, but also families and communities here and elsewhere IN HONOR OF JOE WATSON Mr. SOUDER. Mr. Speaker, I rise today to in the world. recognize and applaud the European Union Again, I applaud this agreement and look HON. SAM FARR for agreeing to toughen antidrug laws and urg- forward to working with these and other coun- OF CALIFORNIA ing actions to end drug tourism to the Con- tries to further strengthen international drug IN THE HOUSE OF REPRESENTATIVES tinent. laws and to protect children from the dangers After more than 2 years of negotiations, EU of drug abuse and addiction. Tuesday, January 27, 2004 ministers reached a landmark agreement on f Mr. FARR. Mr. Speaker, I rise today to November 27 to toughen antidrug laws and to honor Mr. Joe Watson on being the 2004 re- harmonize the Continent’s laws to make the HONORING COMMANDER WILLIAM cipient of the Monterey Peninsula NAACP bloc more efficient in the fight against illegal ‘‘BILL’’ ATKINSON Branch’s highest award, The President’s drugs. The laws cover all types of drug-deal- Award. This award is being presented to Mr. ing, ranging from local networks to large-scale HON. DENNIS A. CARDOZA Watson for his lengthy and outstanding serv- international operations. OF CALIFORNIA ice, dedication and contributions the Monterey Under the agreed rules, offering, selling or IN THE HOUSE OF REPRESENTATIVES Peninsula Branch of the NAACP. producing drugs would be sanctioned with Mr. Watson was born July 21, 1944, in maximum jail terms of at least 1 to 3 years. In Tuesday, January 27, 2004 Wilcox County, the town of Camden, Alabama cases involving large-scale international drug Mr. CARDOZA. Mr. Speaker, I rise today to during the height of Jim Crow segregation. trafficking, sanctions should be at least 5 to 10 honor Commander William Atkinson of the The degradation that African Americans un- years. Member states also agreed on a dec- Merced County Sheriff’s Department. Com- derwent during that period left an indelible im- laration stressing the importance of fighting mander Atkinson has been with the depart- print on Joe’s life, resulting in a lifetime com- drug tourism. ment since July 6, 1976, when he began his mitment for fighting for equal rights and social

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.009 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E51 justice for all people. He graduated from Cam- lakes. It is home to New Jersey’s largest front and boasted a modest membership. Over den Academy High School in 1962 and en- freshwater lake, Lake Hopatcong, among the years and through the changes in leader- tered the Armed Forces that same year, many others, and the idyllic Mahlon Dickerson ship, the ministry steadily grew and eventually spending one tour of duty in Vietnam. Reservation in the protected New Jersey High- found a permanent home on Orchard Street. After his tour in Vietnam, in which he was lands watershed region. Over the course of its history, the Beulah honorably discharged from the army, Mr. Wat- When Jefferson Township was founded in Heights Pentecostal Church has developed a son relocated to the Monterey Peninsula, tak- 1804 by separating itself from the Townships reputation as a leader in the religious commu- ing up residence in Seaside in 1966. While of Roxbury and Pequannock, there were quiet nity. Through its leadership and the commit- working for the Firestone Tire and Rubber farms and noisy mines linked by dirt roads. In ment and enthusiasm of its membership, the Company in Salinas, Joe was elected to the time, the railroads came and by the turn of the Beulah Heights Church has made a real dif- executive board of the local United Rubber century, they brought ‘‘summer escapees’’ ference in the lives of many. Workers Union, AFL–CIO, and served on that from the cities who treasured Jefferson’s sce- Our churches play a vital role in our com- board until 1980 when the plant closed. He nic beauty, many lakes and its clean, cool, munities, providing people with a place to turn took his union leadership with him when country surroundings. Summer resorts and for comfort when they are most in need. By changing careers to a meat cutter, becoming campsites flourished in the area. After World strengthening the bonds of faith, the Beulah first a member and then the leader of the War I, automobiles appeared on Jefferson’s Heights First Pentecostal Church gives its United Food and Commercial Workers Union, newly paved roads bringing with it scores of members a place to find their spiritual center Local 506. As shop steward and as an execu- summer residents. And after the second World and to solidify and support their values. The tive board member of the UFCW local, Joe War, young families were looking to leave the members of the Beulah Heights First Pente- was instrumental in bringing a civil rights activ- metropolitan areas and began moving west- costal Church have also given much to the ist’s approach to dealing with issues and neg- ward in New Jersey to inviting municipalities city of New Haven. Throughout the years, as ative actions by employers against members like Jefferson Township. their membership grew, so did their commit- of his union in their respective work places. Today, Jefferson Township is still a blos- ment to the enrichment of our community, Mr. Watson was greatly admired by co-work- soming community with a population ap- transforming neighborhoods one block at a ers who saw him as an unafraid union leader proaching 20,000. While the once-thriving time. who was totally committed to standing up for summer resorts are gone and most summer Currently headed by Bishop Theodore them and working in their interest. cottages have been converted to year-round Brooks, a man whom I am proud to call my During the mid-1970’s, Mr. Watson became residences, many tourists still make the trek to friend, Beulah Heights Church has taken on a a member of the Monterey Peninsula Branch Jefferson Township to enjoy the vast open great mission of neighborhood revitalization. It of the NAACP. Elected almost immediately to space of the Morris County Park System, pro- has erected an educational wing which is uti- the Branch’s Executive Committee, due in no tected watersheds and recreation activities on lized by the New Haven Board of Education small part to his union activism, Joe took over the region’s numerous lakes. Indeed, lake for its Urban Youth Elementary School for the Branch’s Labor and Industry Committee. communities still prosper throughout the troubled youth. Founded by Bishop Brooks in There he had the responsibility of resolving Township bringing a unique sense of commu- 1994, its development subsidiary, Beulah Land issues involving complaints of discriminatory nity to all of those who live in them. Development Corporation, is responsible for practices in hiring, on the job treatment and Jefferson Township’s municipal leaders the construction of 20 units of affordable hous- terminations. Over the years, the Branch re- have carried on a tradition of being good stew- ing and 12 units of supportive housing for sen- ceived recognition for the outstanding work ards of the area’s natural resources. Through ior citizens. Through these and other projects, Mr. Watson and that committee carried out in determined efforts to preserve some of New they are bringing renewed security and sta- this area of work, including negotiating a Na- Jersey’s most precious open space, Jefferson bility to this neighborhood. I have every con- tional NAACP-sponsored ‘‘Fair Share Hiring Township has been able to balance develop- fidence that they will continue to do great Agreement’’ with the local stores owned by ment by being an active partner in the acquisi- things for the Dixwell neighborhood of New Albertson’s, conunitting these stores to hiring, tion of hundreds of acres of parkland, wood- Haven. retaining and promoting minorities. lands and watersheds. In the last 8 decades, the Beulah Heights In 1994, Mr. Watson was elected as Presi- Mr. Speaker, for the past 200 years, Jeffer- Pentecostal Church and its membership have dent of the Monterey Peninsula Branch of the son Township has been a community which made invaluable contributions of the city of NAACP, serving until 2000. During his tenure has brought Morris County and New Jersey New Haven, changing the face of our great as President, Joe continued to lead the great pride. No doubt the municipality will cer- city. I am proud to stand today and extend my Branch in dealing with issues of police abuse tainly continue to do so in the years to come. very best wishes to them as they mark this against minorities, hate crimes on the Penin- I congratulate the citizens of Jefferson Town- milestone in their history. sula and continued to strengthen the ties be- ship on their special anniversary year, and Happy 80th anniversary! tween the Branch and organized labor in this urge all my colleagues to join me in wishing county. Joe has laid the groundwork for the f them well. kind of activism in our branch that continues to HONORING MS. DAWN KINNEY be followed and emulated by those who have f come after him. True to his tradition as an ac- HONORING BEULAH HEIGHTS HON. DENNIS A. CARDOZA tivist, Mr. Watson continues his lifelong com- FIRST PENTECOSTAL CHURCH OF CALIFORNIA mitment to the struggle for and protection and ON THE CELEBRATION OF ITS IN THE HOUSE OF REPRESENTATIVES extension of civil, labor and equal rights and 80TH ANNIVERSARY social justice, making him most deserving of Tuesday, January 27, 2004 this award. HON. ROSA L. DeLAURO Mr. CARDOZA. Mr. Speaker, I rise today to f OF CONNECTICUT honor a model citizen from the 18th Congres- COMMEMORATING THE BICENTEN- IN THE HOUSE OF REPRESENTATIVES sional District, Ms. Dawn Kinney. She is being honored by the Merced County Chamber of NIAL ANNIVERSARY OF JEFFER- Tuesday, January 27, 2004 SON TOWNSHIP, MORRIS COUN- Commerce for her service as their president TY, NEW JERSEY Ms. DELAURO. Mr. Speaker, it is with great for the past year. I know Dawn has worked pleasure that I rise today to pay tribute to one hard on their behalf, and for the betterment of of the most respected houses of worship in local businesses in Merced County. It is my HON. RODNEY P. FRELINGHUYSEN the city of New Haven, Beulah Heights First pleasure to help the County Chamber recog- OF NEW JERSEY Pentecostal Church. This year marked the nize a wonderful woman, and a very good IN THE HOUSE OF REPRESENTATIVES 80th anniversary of this tremendous church, friend. Tuesday, January 27, 2004 throughout which time the leadership and its Dawn was born in Albany, Georgia and was Mr. FRELINGHUYSEN. Mr. Speaker, I rise members have left an indelible mark on our raised throughout the United States while her today to commemorate the Bicentennial Anni- community. father served in the United States Air Force. versary of the Township of Jefferson, County Originally called the Beulah Heights Mission, While living in Bossier City, Louisiana, she of Morris, in my home state of New Jersey. the ministry was founded in 1923 by Walter graduated from Bossier High School, and then Beautiful Jefferson Township encompasses and Rosa Andrews. In its humble beginnings, went on to attend Louisiana State University in 42 square miles of mostly pristine forests and the church was located in a converted store- Shreveport. Soon after, Dawn moved to

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.001 E27PT1 E52 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 Merced, California in March of 1975 to attend nizing voters for Hubert Humphrey’s presi- The Morris Center YMCA currently has over Merced College. dential campaign. She has also served on the 400 volunteer members comprising the Board In May of 1978, Dawn was hired by Mr. Bob executive board of the Democratic Women’s of Directors, all of its committees and program Ayers to work for Transamerica Title. Dawn Club of Santa Cruz for several years. Both leaders. These volunteers are the heart of the had previously been employed as a legal sec- Paul and Sharon deserve enormous credit for Morris Center YMCA, working in all aspects of retary in Louisiana and California before join- securing vital funding for important local the organization. In short, the Center is people ing Mr. Ayers and his staff. She worked hard projects as well as sustaining the successful caring for people, not just buildings and equip- with Mr. Ayers, and was asked to remain a campaigns of many of our current legislators, ment. part of the team after the company was pur- including myself. Mr. Speaker, for the past 130 years, the chased and renamed Transcounty Title. Cur- Mr. Speaker, on behalf of the United States Morris Center YMCA has provided the citizens rently, she is the Vice President and County Congress, I congratulate the Elericks for being of Morris County with programs that benefit all Manager of Transcounty Title Company. rewarded ‘‘Democrats of the Year.’’ I would those who participate. I ask that you and my Since 1987, Dawn has been a member of also like to express my gratitude for their com- colleagues join me in congratulating all past the California Escrow Association, and was mitment to the community. The fruits of their and present members of the Morris Center designated as a Certified Senior Escrow Offi- years of dedication extend far beyond political YMCA on this special anniversary year. cer by the Association in June of 1989. She appointments and we are grateful for their ex- f became more involved with the Association tensive contributions. and served as State Director of the California f HONORING MR. JOHN PAZIN Escrow Association from 1995 to 1997. For COMMEMORATING THE 130TH ANNI- her determined work ethic, she was awarded VERSARY OF THE MORRIS CEN- HON. DENNIS A. CARDOZA the Olga Mitchell Rookie Director of the Year TER YMCA OF MORRIS COUNTY, OF CALIFORNIA Award in 1995. NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Always one to take on a new challenge, Tuesday, January 27, 2004 Dawn participated and graduated from the Greater Merced Chamber of Commerce Lead- HON. RODNEY P. FRELINGHUYSEN Mr. CARDOZA. Mr. Speaker, I rise today to ership Merced Program in June of 1999. This OF NEW JERSEY honor Mr. John S. Pazin. John is not only a IN THE HOUSE OF REPRESENTATIVES is a vital, voluntary program open to business wonderful friend to Merced, California, but to leaders in Merced County. She has been in- Tuesday, January 27, 2004 my family and I as well. The Merced County volved with the County Chamber for many Mr. FRELINGHUYSEN. Mr. Speaker, I rise Chamber of Commerce is awarding John’s years, as a member on the Board of Directors, today to commemorate the 130th Anniversary business, Pazin and Myers, Inc., with the 2003 and holding a number of vital posts such as of the Morris Center YMCA, of Morris County, Business of the Year award, and I know this Secretary, Vice President, and finally as their New Jersey. fine honor is well deserved. President. Dawn’s son, Christopher, is a junior Since January 2, 1874, the Morris Center Born and raised in Merced County, John at Merced High School and is a Varsity swim- YMCA has provided programs essential to the has always put his family first. He married mer. people of Morris County. The 172 Founding Nada in October of 1954. Since then, John Mr. Speaker, I ask that my colleagues help male members first gathered in four rented has spent the last fifty years as a faithful hus- me honor Dawn today for her hard work as rooms located in the Old Post Office in Morris- band, loving father, and mentor to his four President of the Merced County Chamber of town. In 1889, the Board of Directors dedi- children. John also makes time to spoil his Commerce, and commitment to ensure cated a new building that included a gym- eight grandchildren. Merced County has a bright and prosperous nasium, classrooms, bowling alleys and a John’s second love is for his country and tomorrow. I am honored to call her my friend, game room. A third building was dedicated in community. In 1951, he decided to serve his and to recognize her for all of her accomplish- 1913 in Morristown that included a wing exclu- country, and enlisted in the United States ments. sively for women. But by 1968, however, it be- Army. He served in the Korean War, and for f came clear that a new building was needed his service and courage in battle he was and plans were made to begin construction. awarded the Bronze Star. HONORING PAUL AND SHARON On March 1, 1981, the grand opening of the When John returned to the United States, ELERICK newly completed fourth home of the Morris he went to work on his family’s dairy in Center YMCA took place in Cedar Knolls. The Merced, California. He worked on the dairy HON. SAM FARR Center featured a 25 meter swimming pool, until the early 1960’s when he felt it was time OF CALIFORNIA gymnasium, track, racquetball courts, weight to begin a new chapter in his life. He was led IN THE HOUSE OF REPRESENTATIVES rooms and a fitness center. Over the years, to a local fuel company, and began trans- renovations have been made to the building, porting fuel to customers. He worked for the Tuesday, January 27, 2004 bringing more programs to people of all ages company until 1963 when he was able to pur- Mr. FARR. Mr. Speaker, I rise today in in Morris County. In 2002, renovations were chase his own fuel business. honor of Paul and Sharon Elerick, one of the completed to update and expand the Y to in- John’s company has experienced some most active and dynamic couples I have ever clude a larger fitness room, youth classrooms, great changes over the years. From name known. For over 30 years, the Elericks have and much more. changes and buyouts and even structural re- selflessly donated their time, resources and Caring for children has always been an im- configurations, the one thing that has re- often their home, in hopes of electing laudable portant specialty of the Morris Center YMCA. mained a steady fixture and pillar of strength candidates to represent the community of In 1985, the YMCA added an in-house After- to his company is John. He, along with Mr. Santa Cruz. Paul and Sharon share their time School Care program. Later in 1988, the Cen- Jim Myers, has developed a successful and with many charitable organizations and com- ter opened the Y’s Owl’s Child Care Center dependable business in Merced County, Pazin munity advocacy groups, but their hearts and which provided care to approximately 130 chil- and Myers, Inc. They are the model for other souls remain dedicated to supporting and pro- dren each day. September 2003 celebrated business owners in the area as they have moting the Democratic Party. It is my honor to the new home of the Y’s Owls, now the Rich- learned to endure the best and worst that recognize them as the ‘‘Democrats of the ard F. Blake Children’s Center, which is lo- owning a business can offer. Their work ethic Year’’ by the Santa Cruz County Democratic cated in a newly renovated building next to the and positive attitude has made them business Central Committee. YMCA creating a 13 acre campus. The Chil- leaders in Merced County. Paul and Sharon have embodied the spirit dren’s Center now accommodates over 215 Not only is John a dedicated family man of the Democratic Party since the beginning of preschoolers. and business leader but he is passionate to their relationship in 1958. Paul’s involvement The Owl program received national accredi- make Merced County a better place to live for with politics started when he cast his vote for tation by the National Association for the Edu- future generations. As past President and President Kennedy. Since then, he has stead- cation of Young Children. Building on the rep- member of the Merced Boosters, and Past ily risen through the ranks of the local Demo- utation of the Y’s Owl Child Care Center, the President and Member of the Merced County cratic chapters, ultimately serving a successful Morris Center YMCA was selected to create Chamber of Commerce, John is able to com- 5–year term as the chair of the Santa Cruz and manage the childcare center of the Mor- bine his business experience and his commit- County Democratic Central Committee. Shar- ristown Memorial Hospital and opened the ment to community to lead Merced into the on began her own political activism by orga- Children’s Corner in the Fall of 1996. 21st century. As a member of the Merced Elks

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.003 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E53 Lodge, he was awarded their 2003 Member of owners Association, Community of Caring, But not Ruth Vreeland. the Year Award, again proving that he is an League of Women Voters, American Associa- America will miss her. She came to this invaluable asset to our county. John was ap- tion of University Women, California Teachers country to do good—we are all better for it pointed by Governor Pete Wilson to serve on Association, Monterey Bay Teachers Associa- and will miss her forever. the 35th Agricultural Fair Board. This position tion, Responsible Hospitality, California Elect- f allowed John to give back to the agricultural ed Women’s Association for Education and HONORING MR. MIKE SALVADORI community in Merced County. Research, Monterey Main Street Program, Na- I am delighted to recognize all of John’s tional Organization of Women, Old Monterey achievements and thank him for his service to Preservation Society, Sierra Club, ACLU, HON. DENNIS A. CARDOZA our community, the State of California, and State Theater Preservation Group, Monterey OF CALIFORNIA our country. As a family man, businessman, Civic Club, Monterey History and Art Associa- IN THE HOUSE OF REPRESENTATIVES and civic leader he truly is an example for oth- tion, American Association for Retired Per- Tuesday, January 27, 2004 ers to follow. sons, California Retired Teachers’ Association, Mr. CARDOZA. Mr. Speaker, I rise today to f and the Unitarian Church. honor a great friend not only to the 18th Con- IN MEMORY OF RUTH VREELAND Throughout her life, many of these organiza- gressional District but to my family and I, Mr. tions honored her outstanding commitment Mike Salvadori. The Merced County Chamber and service to our Bay community with of Commerce is honoring him as the 2003 HON. SAM FARR awards. The Volunteers in Action honored her Ambassador of Goodwill, and I know this is a OF CALIFORNIA community service, the Sierra Club honored well-deserved honor. IN THE HOUSE OF REPRESENTATIVES her for Outstanding Achievement, Planned Mike was born on December 2, 1936 in Tuesday, January 27, 2004 Parenthood named her an Outstanding Merced County. He had the good fortune to Mr. FARR. Mr. Speaker, I rise tonight in the Woman in Politics, and the Monterey Rotary be raised on his parent’s dairy. Dairy work is hallowed halls of Congress to pay tribute to a named her an Outstanding Teacher. Further- not easy, and Mike quickly learned he had to colleague in public service, Monterey City more, the Fisherman’s Wharf named her work hard to be a success. Along with his Councilwoman Ruth Vreeland, who was killed Wharf Rat of the Year in 1995, the California brother and two sisters, the Salvadori family in an auto accident on Highway 101 in South- Democratic Party recognized her for Out- was taught to value and respect their neigh- ern Monterey County. standing Service, J.C. Penney gave her the bors and surrounding community. These two What a loss! This 68-year-old woman had Golden Rule Award and the Old Monterey important life lessons are what have shape the energy of one hundred locomotives. In- Business Association recognized her for Ex- Mike into a caring citizen. volved in everything—teacher, statewide edu- ceptional Dedication. The Monterey Civic Club After attending Modesto Junior College, cation activist, 20 year City Councilwoman, honored her for being a Community Volunteer Mike made the decision to serve his country. statewide League of Cities Activist, Demo- and finally, the Association of Monterey Bay He enlisted in the United States Army, and he cratic Party Activist, mother, member of var- Area Governments recognized her for her 20 served our Nation for 2 years. Soon after, he ious boards. . . . She was always there, al- years of service. met his wife Jeanne and the two were married ways prepared, always wanting to do more. As I mentioned earlier, and as you can see in 1960. Born in Chunking, China, she grew up in from this lengthy list of accomplishments, Ruth The Salvadori’s made a home in Merced Szechwan province where her parents worked was always moving, always involved. Her County and worked on his father’s dairy where as medical missionaries. Returning to Toronto, friends wondered if she ever had time to they enjoyed the experience of milking cows and riding horses together. Continuing his in- Canada in 1940, and moving to San Francisco sleep. She adored her family and always terest with the dairy business, Mike took a job where her parents taught at the University of seemed to be on her way to visit a child. In with Berkeley Farms and the couple moved to California-Berkeley, Ruth earned a bachelor’s fact, the tragic accident that led to her death San Jose. degree in arts and education from San Fran- occurred as she returned from visiting one of After a brief stint at Berkeley Farms, the two cisco State University. She also met her hus- her three daughters, Lauren, Amy and Me- moved back to Los Banos, California where band, Dick Vreeland, there and then continued lissa. Between the three of them they have Mike then took a job with Wonder Bread. In on to the University of San Francisco to earn seven of Ruth and Dick’s grandchildren. 1963, Mike and Jeanne bought Bi-Rite Liquor Ruth and Dick’s home blended elements of a Master’s Degree in organization develop- Store in Merced, California. Mike and Jeanne Ruth Vreeland’s youth in China with the Japa- ment. were dedicated to turning their new investment In 1956, she moved to the Monterey Penin- nese culture that Dick Vreeland picked up in into a success. They stayed focused and were sula to teach school, and was elected to the the Army. She cooked Chinese food and soon able to open a new store. Monterey City Council with the intention of raised the children to use chopsticks. A proud While Mike was now successfully running protecting the quality of life in the City of Mon- naturalized citizen from Canada, Ruth also in- his own business, he became interested in terey. ‘‘This town is more than buildings and stilled civic values in her daughters. ‘‘She be- real estate. Through his good friend, Lou streets, first it is people,’’ she wrote in her lieved in this country because she was natu- Gonella, he was able to begin selling real es- campaign statement. She championed the ralized in it and she taught me what patriotism tate in Merced County. Always the entre- tearing down of waterfront buildings so that is,’’ her daughter said. preneur, Mike opened his own real estate of- people could see the Bay where California Throughout her life, Ruth tackled the large- fice in Merced—Century 21 Salvadori Realty began. She replaced buildings with parks and scale problems that had always energized her. in 1975. recreational trails, now the highly successful The Sierra Club recognized her in the 1980’s Not only is Mike a very successful business ‘‘Window on the Bay Project.’’ for fighting offshore drilling and sewage spills. man, but he is an incredible leader in our She served in a variety of leadership posi- She traveled to Sacramento and Washington community. Always willing to lend a helping tions including the League of California Cities to promote education and local government, hand to any organization or charity, he has Board of Directors, Institute for Local Self- rising to leadership roles I previously men- earned himself the respect of all of his neigh- Government, the 20th District Parent-Teacher tioned with the Association of Monterey Bay bors and friends. As part of the Merced Coun- Association, Monterey Bay Task Force, Quota Area Governments and the League of Cali- ty Chamber of Commerce, the Italo American International, Women in Municipal Govern- fornia Cities. Lodge, and Kiwanis, he and his family have ment; Friends Outside of the Monterey Coun- Ruth was active in Democratic Party politics proven their dedication to all in our commu- ty, and the Overall Economic Development and was not afraid to bring progressive polit- nity. Committee of Monterey County. She was also ical causes to Monterey. She challenged the Mike’s second passion in life is cooking. a Volunteers in Action Board Member, a Mon- city in 1988 for not having enough women and Merced residents know that if there is a large terey City Council member since 1983, an al- minorities in management positions, and a community event, they will find Mike cooking ternate in the Monterey Bay Sanctuary Advi- decade later she discouraged the council from his famous pasta. Local organizations can al- sory Council and a former president of the As- subsidizing the Boy Scouts because of its ex- ways count on Mike to help cook for their sociation of Monterey Bay Area Governments clusionary policies toward gays. events. He truly has a warm place in the (AMBAG), the Monterey Peninsula Concert In the months before her death, Vreeland’s hearts of locals who couldn’t go without his Association and the Winnie the Pooh Chapter last big project was saving education and local services, or his wonderful meals. of the Children’s Home Society. government in the face of California’s budget Along with his wife and two sons, Michael She was also involved with various organi- crisis, a problem epic enough to discourage and Paul, I am honored to recognize the dedi- zations, including the Monterey Vista Home- even the most ardent community activist. cation of Mike to our community. He is truly an

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.006 E27PT1 E54 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 example for others to follow and I am proud to tainers at designated foreign seaports. In Josh Rosensteel: 135 calls. call him my friend. CSI’s first year alone, Customs reached Kevin Jordan: 119 calls. f agreement with 15 governments to place Cus- Clayton Kerrigan: 118 calls. toms personnel at 24 ports. Drew Leahy: 107 calls. INTERNATIONAL CUSTOMS DAY The Bureau of Customs and Border Protec- I ask my colleagues in the U.S. House of tion also works with customs officials in for- Representatives to join me in praising these HON. PHILIP M. CRANE eign governments through the auspices of the brave individuals on the commitment that they OF ILLINOIS World Customs Organization, which speaks have demonstrated to their critical mission of IN THE HOUSE OF REPRESENTATIVES for 161 Customs administrations drawn from responding to fire emergencies. f Tuesday, January 27, 2004 every continent and representing every stage of economic development. The United States HONORING MR. KEITH SCHNEIDER Mr. CRANE. Mr. Speaker, I rise to congratu- has been a member since November 5, 1970. late the U.S. Bureau of Customs and Border WCO Members are responsible for ensuring HON. DENNIS A. CARDOZA Protection on the 51st anniversary of Inter- that more than 98 percent of international national Customs Day. On January 26, 1953, OF CALIFORNIA trade is conducted in compliance with national IN THE HOUSE OF REPRESENTATIVES the World Customs Organization, formally legislation and international agreements. The known as the Customs Co-operation Council, WCO renders technical assistance in areas Tuesday, January 27, 2004 held its first meeting in Brussels, Belgium. At such as customs tariffs, valuation, nomen- Mr. CARDOZA. Mr. Speaker, I rise today to this meeting, the Council designated January clature, and law enforcement. Its objective is honor Mr. Keith Schneider for his work as 26 as International Customs Day in order to to obtain, in the interest of international trade, President of the Building Industry Association recognize the role that customs services the best possible degree of uniformity among of Central California. around the world play in facilitating trade while the customs systems of member nations. As outgoing President of the Building Indus- protecting national borders from importations America benefits when both exporters and im- try Association of Central California, it is only posing security threats. porters operate in an atmosphere of simple fitting that I take a moment to honor Mr. Finding this balance is particularly difficult unambiguous customs operations around the Schneider’s life-long commitment to our com- given the challenges our country currently world. munity and to the building industry. faces. It will be important for the Bureau of I want to take this opportunity to congratu- Born on November 14, 1948, Mr. Schnei- Customs and Border Protection to continue to late the U.S. Bureau of Customs and Border der’s dedication to his profession has only offer the world class level of trade service and Protection for its fine work both nationally and been surpassed by his dedication to his fam- facilitation that U.S. business has come to rely internationally, and I look forward to the com- ily. Raised in Eureka, Illinois with his two sis- on while ensuring that security needs are ad- pletion of work within the World Customs Or- ters and parents, Mr. Schneider excelled at dressed. It will also be important to maintain ganization to further harmonize and simplify school. As a member of the Boy Scouts he the revenue collection linkage with the Treas- the customs rules that affect international was able to earn the merit of Eagle Scout. Mr. ury Department that has historically been so commerce. Schneider participated in many other activities significant. as he played the banjo and participated in mu- f At one time, the Bureau of Customs and sical competitions and he was also a member Border Protection, then the Customs Service, HONORING THE NORTH HAMPTON of his high school track team and the debate was the sole revenue producer for the young VOLUNTEER FIRE DEPARTMENT team. United States. Although that role has dimin- In 1966, Mr. Schneider attended Drake Uni- ished over the years, Customs collected a HON. MELISSA A. HART versity in Des Moines, Iowa where he grad- record $23.8 billion in revenue in fiscal year OF PENNSYLVANIA uated with a degree in journalism. After grad- 2002. Today, Customs is still a major source uation, he entered law school in Chicago in IN THE HOUSE OF REPRESENTATIVES of revenue for the Federal Government, re- 1970. During this time, Mr. Schneider served turning about $8 to the taxpayer for every dol- Tuesday, January 27, 2004 two years in the Navy, stationed in San Diego lar appropriated by Congress. Ms. HART. Mr. Speaker, I would like to take and at the Great Lakes in Chicago. For nearly 125 years, Customs funded vir- this opportunity to recognize the contribution In 1973, Mr. Schneider worked at the Civil tually the entire government and paid for the of bravery and dedication of an outstanding Defense Agency in Springfield, Illinois. He met nation’s early growth and infrastructure. The unit of first responders in my area, the North and married his wife, Carol, two years later in territories of Louisiana, Oregon, Florida and Hampton Volunteer Fire Department. 1975. While in Illinois, he joined the Home Alaska were purchased; the National Road The following firefighters reached important Building Association. from Cumberland, Maryland, to Wheeling, career milestones in 2003: In 1981, Mr. Schneider moved to Modesto, West Virginia, was constructed; and the Adam Millstein: 500 career calls. California where he became the Executive Of- Transcontinental Railroad stretched from sea- James Harrington: 500 career calls. ficer of the Building Industry Association of to-sea. Customs collections built the nation’s Paul Satzger: 1,000 career calls. Central California until 1990. In 1990, he then lighthouses, the U.S. military and naval acad- William Bailey III: 1,000 career calls. joined the staff of the Oakwood Builders until emies, and the City of Washington, and the Kevin Jordan: 1,500 career calls. 1993. Mr. Schneider then accepted the posi- list goes on. In 1835, Customs revenues alone Richard Marsico: 1,500 career calls. tion as Development Coordinator for the Dia- had reduced the national debt to zero. John Kuss: 2,003 career calls. blo Grande and continues in this role by pro- Customs was the parent or forerunner to Albert Hahn: 3,000 career calls. viding housing for this destination resort. many other agencies. In the early days, Cus- David Hoburg: 5,000 career calls. Mr. Schneider’s commitment to the building toms officers administered military pensions The following firefighters responded to over industry as well as to our community is unde- (Department of Veterans Affairs), collected im- 100 incidents of fire calls in 2003: niable. He certainly lives up to the motto of the port and export statistics (Bureau of Census), David Hoburg: 455 calls. California Building Industry: ‘‘We’re yester- and supervised revenue cutters (U.S. Coast Paul Satzger: 346 calls. day’s shelter providers, today’s problem solv- Guard). Customs also collected hospital dues Adam Millstein: 321 calls. ers, tomorrow’s dream builders.’’ to help sick and disabled seaman (Public Richard Marisco: 307 calls. It is an honor to recognize all of Mr. Schnei- Health Service) and established standard Albert Hahn: 305 calls. der’s achievements and to thank him for his weights and measures (National Bureau of Jerry Wittmer: 298 calls. service to our community. Standards). John Kuss: 267 calls. f During the first stages of the response to John Damski: 255 calls. HONORING KATHY CLONINGER the terrorist attack on September 11th in New Richard Wauchter: 248 calls. York and Washington, D.C., Customs quickly Vincent Conti: 240 calls. HON. JO ANN EMERSON assumed a leading role. The international na- David Primrose: 232 calls. OF MISSOURI ture of the terrorist threat means that inter- Chris Wise: 163 calls. IN THE HOUSE OF REPRESENTATIVES national customs cooperation has become vi- James Harrington: 156 calls. tally important. In January 2002, Customs initi- Mary Primrose: 156 calls. Tuesday, January 27, 2004 ated the Container Security Initiative (CSI), John Schwend: 146 calls. Mrs. EMERSON. Mr. Speaker, I rise today which allows Customs officials to screen con- William Bailey III: 138 calls. as co-leader of the Honorary Congressional

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.009 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E55 Girl Scout Troop to honor Kathy Cloninger, the cacies of Capitol Hill politics. Quickly, he organizations such as the Civitan Club, Theta new Chief Executive Officer of Girl Scouts of moved from Legislative Assistant to Legislative Chi Fraternity, and the Evangelical Free the USA. Kathy is fully deserving of the mark Director, and most recently as my Deputy Church. of distinction that Girl Scouts of the USA has Chief of Staff. Over the years I grew to trust Chief Plants’ career as a dedicated police placed on her as new CEO. She is a proven his counsel and respect his instincts as we officer and community leader is a testament to and respected leader. successfully moved legislation into law, his character. While being Chief of his Depart- Ms. Cloninger has a wonderful, long, and brought appropriations to Mississippi, pro- ment was his second biggest honor in life, he highly regarded history in Girl Scouting. For tected our state’s military facilities, and rep- quotes his first biggest honor as his family. decades she has been a steadfast advocate resented the needs of my constituents here in As a fellow brother of Theta Chi Fraternity for girls. Kathy comes to Girl Scouts of the the Nation’s Capital. it is my honor to recognize all of Chief Plants’ USA from Cumberland Valley Girl Scout Now John has returned home to Mississippi achievements and to congratulate him on his Council in Tennessee where she served as and will serve as policy adviser to our new retirement. CEO. During her tenure there, she had incred- Republican governor. Our office will miss his f ible success increasing membership, espe- experience, knowledge, and skills, but Mis- cially in under-served communities, and her in- sissippi will continue to benefit from his hard HONORING THE CONTRIBUTIONS novative leadership helped to create some of work to the service of our great state. OF CATHOLIC SCHOOLS the most contemporary programming in Girl Governor Barbour has hired a good man. SPEECH OF Scouting. Kathy has been bestowed with John mastered the practices and methods of many prestigious awards recognizing her for success in Washington, but never forgot those HON. MADELEINE Z. BORDALLO her character and her profound vision. Mississippi values taught to him by his par- OF GUAM Most notably, Kathy is a woman with a ents. John never lost his roots, never forgot IN THE HOUSE OF REPRESENTATIVES strong sense of purpose and a commitment to his home, and never lost sight of our goal to Wednesday, January 21, 2004 advancing her vision for Girl Scouts. Her goal serve Mississippi. John’s heart has always is to increase the organization’s strength as a been in Mississippi and now he returns there Ms. BORDALLO. Mr. Speaker, today, in national, aggressive advocate for girls in this to continue to advance smart, conservative, honor of Catholic Schools Week (January 25– country, and I am certain she will accomplish positive public policy. 31, 2004), I would like to recognize the con- this goal with grace and ability. John Rounsaville left a formative mark on tributions of Catholic schools to the academic Girl Scouts of the USA is the world’s pre- the shape and operation of my office. We will and moral education of children in Guam and eminent organization for girls, and for 92 years miss his good nature, humor, and dedication throughout our nation. Also, I would like to it has been dedicated to empowering girls to to his work. But I thank him for his service to thank my colleague, Mr. David Vitter, for his grow strong. Over 50 million women, including this office and to Mississippi. steadfast support of Catholic education in our country and for introducing House Resolution myself, have been Girl Scouts. Today, the or- f ganization continues to address contemporary 492, honoring Catholic Schools Week. issues affecting girls and boasts a member- HONORING CHIEF LARRY D. Guam has a long and rich history of Roman ship of nearly three million girls and one mil- PLANTS Catholicism dating back to the arrival of Ferdi- lion volunteers. I am proud to be part of such nand Magellan in 1521. The island eventually a remarkable organization and look forward to HON. DENNIS A. CARDOZA became an important stop along the Spanish watching Girl Scouts of the USA grow and OF CALIFORNIA Galleon Trade Route, eventually bringing thrive under Kathy’s leadership. IN THE HOUSE OF REPRESENTATIVES Padre Diego Luis de San Vitores, who was on his way to the Philippines, to Guam. Mr. Speaker, I ask you to join me in con- Tuesday, January 27, 2004 gratulating Kathy Cloninger in her new position Padre San Vitores would return to Guam in and praise her for the exemplary work she has Mr. CARDOZA. Mr. Speaker, I rise today to 1668, with a party of missionaries to bring done and will continue to do as the new Chief honor Chief Larry D. Plants as he retires after Christianity to the people of Guam. They es- Executive Officer of Girl Scouts of the USA. 25 years of service as a member of the Uni- tablished a mission in the village of Hagatna which later became the site of the first Catho- f versity Police Services at California State Uni- versity, Stanislaus. lic Church and is now the seat of the Arch- HONORING JOHN ROUNSAVILLE Born on July 1, 1952, Chief Plants has diocese of Guam. From these humble begin- spent his life as a public servant to our com- nings, the Roman Catholic faith has continued HON. CHARLES W. ‘‘CHIP’’ PICKERING munity. After obtaining an Associates Degree to grow, expanding its ministries to meet the OF MISSISSIPPI in Police Science from Butte Junior College he changing needs of the faithful. IN THE HOUSE OF REPRESENTATIVES went on to receive a Bachelors Degree from Recognizing the need for quality education California State University, Stanislaus in Orga- rooted in the moral values of the Catholic Tuesday, January 27, 2004 nizational Communication. faith, the first Bishop of Guam, Bishop Mr. PICKERING. Mr. Speaker, this month As a police officer with the City of Modesto Appollinaris Baumgartner invited the Religious begins a new year in which Congress will face Police Department and then with the City of Sisters of Mercy from North Carolina, the new challenges and opportunities. The same Reno Police Department, Chief Plants earned Stigmatine Fathers of Massachusetts, and the is true in Mississippi where Governor Haley the respect of his fellow law enforcement offi- School Sisters of Notre Dame from Wisconsin Barbour presented his first State of the State cers. Always a professional, he was then hired to come to Guam where they eventually Address last night, after his inauguration ear- by CSU, Stanislaus as a member of the Uni- opened schools in villages throughout the is- lier this month. A new administration requires versity Police where he excelled and earned land. Today, members of these Orders, as experienced and talented individuals to shape the respect of students, faculty, and fellow offi- well as members of the Dominican, Francis- the policy and politic of the state. Governor cers. He was then promoted as Chief and Di- can, Jesuit, and Marist Orders continue to Barbour has one of those rising Mississippi rector of Public Safety. At this post, he was re- teach our children in the Catholic education stars in John Rounsaville. Today I make these sponsible for the Office receiving nearly $1 system. remarks to honor John’s service to me, to rec- million in grant funds. Guam’s first Chamorro Bishop, Archbishop ognize the challenges we faced together as he Not only has Chief Plants been a dedicated Felixberto Camacho Flores, made Catholic now embarks on this new opportunity. member of the CSU Public Safety Department education a priority increasing the number of It was January 1999 when John Rounsaville but also to his profession. He is a member of Catholic schools, expanding programs and im- first joined my team. After graduating from the Central Sierra Police Chiefs Association proving school facilities. Calhoun City High School, he earned a de- and the International Association of Campus Today, the Roman Catholic Archdiocese of gree in agribusiness and followed that with a Law Enforcement. Chief Plants has also been Hagaûtn˜a remains committed to serving the Masters of Business Administration, both from the Past President of the Stanislaus County people of Guam. Under the direction of the Mississippi State University. He came to Peace Officers Association and served as the Most Reverend Anthony Sablan Apuron, OFM Washington, DC to work on my staff to ad- 2003 President of the Stanislaus County Law Cap, DD, Metropolitan Archbishop of Hagaûtn˜a, dress, among others, agricultural issues—a Enforcement Executives. the Catholic schools on Guam have remained $4.6 billion industry in Mississippi. Chief Plants is an extremely dedicated committed to providing a quality academic He demonstrated a keen insight on the leg- member of the community. Further evidence education, grounded in faith and emphasizing islative process and quickly grasped the intri- of this commitment is his involvement in civic service to humanity.

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.014 E27PT1 E56 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 The contributions of the Catholic school sys- RECOGNIZING THE PACIFIC GAS military aide to Presidents Dwight Eisen- tem to the people of Guam are reflected in our AND ELECTRIC ENERGY TRAIN- hower and John F. Kennedy, died Monday local leaders in the clergy, government, and ING CENTER (12/8) of cancer in San Diego. He was 78. Be- fore entering elementary school, McCandless private-sector who are alumni of the Catholic discovered he had a gift for music. Without schools. I am confident the influence of the HON. DENNIS A. CARDOZA ever taking a lesson, he taught himself piano Catholic schools will continue to have positive OF CALIFORNIA and organ, a talent that would later pay his benefits for the people of Guam. IN THE HOUSE OF REPRESENTATIVES way through his studies at UCLA and land I would like to recognize and commend the him a job in his 20s playing background Tuesday, January 27, 2004 Catholic schools in Guam for their commit- music on Art Linkletter’s ‘‘House Party.’’ He enlisted in the Army right after grad- ment to instilling the principles of academic Mr. CARDOZA. Mr. Speaker, I rise today to recognize the Energy Training Center, which uating from Hobart High School (Hobart, knowledge and sound moral values in the Oklahoma) in 1943, served briefly in Guam daily lives of our children. Those offering a was established by Pacific Gas and Electric in and remained in the Army Reserve after his secondary curriculum include: the Notre Dame 1978 to help California’s low-income residents discharge in 1946. McCandless had just begun High School in Talofofo, Father Duenas Me- cope with rising utility costs, thus becoming what seemed a promising career in music on morial School in Ta’i, and Academy of Our the first utility company to offer energy edu- Linkletter’s show, when he was called up Lady of Guam in Hagaûtnã. Additionally, those cation to members of the community. again to serve in the Korean War, in the offering an elementary and middle school edu- Mr. Speaker, more than 46,000 people have Army Medical Service Corps. During his service there he was awarded a Silver Star cation include: Bishop Baumgartener Memorial been trained in the principles of energy efficiency, including employees from local com- and a Bronze Star. After another discharge School in Sinajanã, Our Lady of Mount Carmel and another call back, this time to Germany School in Agat, St. Anthony School in munity service agencies, private contractors, in 1953, McCandless decided to make the Tamuning, Saint Francis School in Yonã, San education specialists, and builders. Also, the Army his career. Vicente School in Barrigada, and Santa Bar- Energy Training Center has provided training He earned a Masters’ degree in hospital ad- bara School in Dededo. Finally, those offering to employees of Pacific Gas and Electric ministration, and at one point in his career a nursery school education include: the Do- Smarter Energy Line, which has assisted well oversaw CHAMPUS, the Army’s medical in- minican Child Care Development Center in over three million customer calls. surance program. As a handsome, unmarried young officer stationed in Washington, DC, Sinajanã, Infant of Prague in Ta’i, Maria Artero The Energy Training Center’s innovative teaching techniques utilize hands-on experi- he was offered the off-hours job of serving as in Hagaûtnã, and Mercy Heights in Tamuning. a military social aide to President Eisen- Finally, I want to recognize all the students, ence. This has helped students perform more hower. The task involved attending State parents, teachers and administrators of Catho- than two million energy surveys for single-fam- dinners and other formal White House func- lic schools in Guam and across the nation for ily households and conduct site surveys on tions, giving discreet protocol instructions their significant contributions to our society, common-use areas serving more than one mil- to guests, escorting single women through receiving lines and whispering names of both inside and outside of the classroom. lion multi-family units. All of this hard work has created more energy efficient households, and guests in the President’s ear. He continued has conserved over 264 million kWh and over the social staffing duties through the admin- f 34 million therms of energy, which has pre- istration of President Kennedy. He was a staunchly liberal Democrat who diplomati- HONORING THE 75TH ANNIVER- vented more than 276 million pounds of car- cally avoided political discussions with SARY OF THE HOMER PITTARD bon dioxide from polluting our environment. many in his mostly conservative circle of CAMPUS SCHOOL Our community has greatly benefited from friends, offering a drink or a ‘‘tune’’ to the Energy Training Center over the years, not change the subject. only regarding energy conservation, but also Col. McCandless retired from the Army in HON. BART GORDON from partnerships with local agencies. 1976 and settled in Solana Beach, where his small condominium overlooking the Pacific OF TENNESSEE Throughout its years of operation, the Energy Ocean was dominated by a grand piano and IN THE HOUSE OF REPRESENTATIVES Training Center has made successful partner- his wall-to-wall collection of music on al- ships with the California Conservation Crops, Tuesday, January 27, 2004 bums and tapes. Though devoted to his Army California Energy Commission, and San Joa- career, music was always a strong avocation. Mr. GORDON. Mr. Speaker, I rise today to quin Delta College. He enlivened hundreds of parties and events recognize the 75th anniversary of the Homer Mr. Speaker, on behalf of all my colleagues, with his piano playing, and in his later years Pittard Campus School in my hometown of I send my congratulations on the Energy wrote, arranged and played two full musical productions for the Bohemian Club in North- Murfreesboro, Tennessee. In that span of Training Center’s 25th Anniversary, and for setting a fine example of cooperation between ern California. time, the elementary school has helped train He is survived by his brothers Jack some of the finest educators and brightest stu- private enterprise and the people it serves. McCandless of Denver, John McCandless of dents our country has to offer. f Oklahoma City, Bob McCandless of Wash- ington, DC, and sisters-in-law Betty and Created by an act of the Tennessee Gen- IN RECOGNITION OF THE LIFE OF eral Assembly, the Campus School has al- Anne McCandless of Oklahoma City. Serv- EARL MCCANDLESS ices will be private. Memorials can be made lowed education majors from Middle Ten- to the McCandless Fund, in memory of Earl nessee State University to craft and hone their HON. BOB FILNER and his mother, Leah, c/o Oklahoma Univer- teaching skills under the watchful, experienced sity College of Fine Arts, 540 Parrington OF CALIFORNIA eyes of the university’s clinical instructors. As Oval, Rm. 122, Norman, Oklahoma, 73019. a result, the children who have attended the IN THE HOUSE OF REPRESENTATIVES Checks should be made payable to the OU Campus School have received an exceptional Tuesday, January 27, 2004 Foundation. education. Mr. FILNER. Mr. Speaker, Colonel Earl f As a laboratory, the school provides a McCandless lived in Solana Beach, California, HONORING PHILIP HOROWITZ FOR hands-on, real-life environment to train teach- near my Congressional District—and he and HIS OUTSTANDING CONTRIBU- ers. And as an elementary school, it provides his family have been longtime friends of mine. TIONS TO THE COMMUNITY an opportunity for children to learn from inno- Earl McCandless died last December 8, 2003, vative techniques and enthusiastic teachers. and I think his passing should be noted by the HON. ROSA L. DeLAURO Fittingly, the school takes its name from a House of Representatives. He was a true Ko- dedicated, respected educator who poured so OF CONNECTICUT rean War hero, as well as being a musical ge- IN THE HOUSE OF REPRESENTATIVES much into his community. nius who entertained Presidents and captains As the Homer Pittard Campus School cele- of industry at the Bohemian Grove in Northern Tuesday, January 27, 2004 brates its 75th anniversary, I commend the California. Ms. DELAURO. Mr. Speaker, it is with great people who had the vision to make this school Mr. Speaker, I submit for inclusion in the pleasure but a heavy heart that I rise today to possible. Murfreesboro’s citizens have bene- RECORD at this time a wonderful outline of his pay tribute to the life of one of the outstanding fitted tremendously from having such a school life, as written in his obituary in the Daily Okla- members of our community, Philip Horowitz. in the community. I hope the school’s next 75 homan, Oklahoma’s largest daily newspaper. Philip was 80 years old when he passed away years will be as rewarding and successful as Earl R. ‘‘Mac’’ McCandless, accomplished last month, and in that time he left an indelible its first. pianist, retired Army Colonel and former mark on the city of New Haven.

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.018 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E57 Emigrating from Russia, Philip’s father, Wil- partment. At present, he holds the Deputy Ex- their tireless efforts to make this historic mo- liam, and his uncle, Jack, came to New Haven ecutive Officer position and oversees the Pur- ment possible. I would also like to recognize in 1913 and began selling fabric from a push- chasing, Central Services, and Fleet Services the continuing commitment of this administra- cart on Grand Avenue. With hard work, dedi- Divisions. tion to achieving peace in the Sudan and that cation and a dream, they opened a storefront Mr. Butler is an active member in a vast of Special Envoy John Danforth for his role as nearby, and later, Horowitz Bros. moved to its number of professional as well as community a catalyst for the peace process. home. In later years, Philip, his brother, Leon- associations. He currently holds membership Mr. Speaker, I call on my distinguished col- ard, and their cousin, Arthur, took over the in the Central California Chapter of Inter- leagues to join me in celebrating this historic family business. national Personnel Management Association, milestone and in praying that a peace agree- I have often said that small businesses are the California Association of Public Purchasing ment will soon be reached. We should look the backbone of our Nation’s economy. Officers, the National Association of Pur- forward to the day when peace is at hand, Through the years, Horowitz Bros. has been a chasing Managers for Central California, and when U.S. sanctions can be lifted and Sudan fixture in downtown New Haven, outlasting a the Institute for Supply Management. Dale’s removed from the State Department’s State number of large department stores as well as community activities involve being president of Sponsors of Terrorists list and given the op- smaller, family-owned businesses which have the Stanislaus County Fair Board and being portunity to receive the benefits of American gradually disappeared. For the last 90 years, associated with Stanislaus County’s Latino ingenuity, technology and investment for their Horowitz Bros. has been a valued treasure in Community Round Table, the Hispanic Lead- sustained growth and economic prosperity. the city of New Haven, a testament to the ership Council, the Mabuhay Club and the Mo- f American dream and to the invaluable place desto Bee’s Hispanic Advisory Council. small business has in a community. The awards and accomplishments achieved THE FLORIDA CONFERENCE OF Horowitz Bros. holds a special place in the by Mr. Butler have been great in number and BLACK STATE LEGISLATORS hearts of employees and customers alike. I prestigious in status. He was given a Special have fond memories of going with my mother Recognition Award for Promoting Equal Rights HON. KENDRICK B. MEEK to pick out fabrics for the dresses she would by the Stanislaus County Board of Super- OF FLORIDA make for me as a child. While waiting for my visors, an Outstanding Latino of the Year IN THE HOUSE OF REPRESENTATIVES mother to choose her fabrics, you could al- Award by his Latino Community Round Table, Tuesday, January 27, 2004 ways find me rearranging the many spools of and a Humanitarian of the Year Award by the thread, a habit which I am sure caused some California Association of Physically Handi- Mr. MEEK of Florida. Mr. Speaker, I rise to chaos, but was always met with a good-na- capped, Inc. He is co-owner of Hispanic Enter- honor a versatile and committed group of tured smile. It is not an exaggeration to say prises, LLC, a multiservice Hispanic-Owned elected officials in Miami-Dade County who that Philip was the very heart and soul of the Business, and has graduated from the Inter- are members of the Florida Conference of store. His dedication, compassion and gen- governmental Management Training Program Black State Legislators (FCBSL). On Thurs- erosity is well known to all who had the oppor- and the Leadership Modesto Program. His flu- day, January 29, 2004, they will be spear- tunity to meet him. Philip was often character- ency in Spanish and dedication to the commu- heading the 2004 Miami Regional Issues Con- ized as a good man, a friend to all. His nity add to the success he has achieved over ference, beginning with a town hall meeting on warmth, kindness and gentle spirit touched the the years. the ‘‘High Stakes of the Florida Comprehen- lives of so many, and it is in that way that he Mr. Speaker, I rise today to honor Dale But- sive Achievement Test (FCAT)’’ to be held at will always be remembered. ler upon his retirement from the Stanislaus Miami Edison Middle School. I am proud to stand today to honor Philip County Chief Executive Office. I invite my col- Joining them are parents and community Horowitz and all that he meant to the New leagues to join me in wishing Dale a fulfilling leaders, school administrators and teachers, Haven community. I would like to extend my retirement. as well as elected and appointed officials from Miami-Dade County and the State of Florida. deepest sympathies to his wife, Hilda, his f brother, Leonard, and his entire family. New This conference comes at an opportune time Haven has lost a true community treasure in PROSPECTS FOR PEACE IN THE when there is a need to foster greater knowl- Philip Horowitz; however, I know that his SUDAN edge and involvement regarding government memory will continue to live in the hearts and and politics among residents of our various minds of all who knew him. HON. EDOLPHUS TOWNS neighborhoods. In its most vivid history, the Florida Con- f OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ference of Black State Legislators was incor- HONORING DALE BUTLER porated in 1982 upon the election of nine Tuesday, January 27, 2004 prominent African Americans to the Florida HON. GEORGE RADANOVICH Mr. TOWNS. Mr. Speaker, as you are keen- House of Representatives. Indeed, the life of OF CALIFORNIA ly aware, the road to peace for the people of each of these legislators, and those that have IN THE HOUSE OF REPRESENTATIVES Sudan has been long and perilous. Last July, followed, has become legendary and about as I spoke on the floor about the prospects for close to the impossible dream as I have wit- Tuesday, January 27, 2004 peace in the Sudan and the progress that was nessed. Mr. RADANOVICH. Mr. Speaker, I rise being made in negotiations between the Gov- These preeminent leaders will spearhead today to honor Dale Butler for 30 years of ernment of Sudan and the Sudan People’s this 2-day conference, which will cover crucial dedicated service to the Stanislaus County Liberation Movement/Army. I am gratified to issues such as Affordable Access to Health Chief Executive Office. On Friday, January report that agreement has now been reached Care, Juvenile and Criminal Justice, Tele- 30th, he will be commended at an event held on the issue of wealth-sharing; and just this communications, Hip Hop and Politics, Front in his honor in Modesto, California. past weekend, issues were resolved with re- Porch Florida, and Florida’s Pari Mutuels. The Dale was raised in the Westside of gard to the Nuba Mountain and Southern Blue Florida Caucus leads a critical gathering of Stanislaus County and was employed as a mi- Nile regions, two of the three disputed areas concerned citizens, as well as the virtues of grant farm worker. He served as a Personnel between the parties. My understanding is that responsible and competent public servants Specialist in the United States Navy for 4 an agreement on the disputed areas will be who aspire to expound their unwavering posi- years beginning in 1962. In 1967, he worked signed as soon as resolution can be reached tions on equal educational opportunities for as the Production Control Scheduler for River- on the third disputed area, Abyei. minorities, the controversial incongruence of bank Army Ammunition Plant. Mr. Butler later Mr. Speaker, we remain optimistic that the Florida Comprehensive Assessment Test went to California State University, Stanislaus, these recent events will soon lead to an his- (FCAT), along with their unconditional passion to be the Tutorial Supervisor under the Edu- toric accord on a Framework Agreement, for justice, equal rights, and educational op- cational Opportunity Program. In 1971, he re- which will, at last, bring an end to the 20-year portunity for all. ceived his Bachelor of Arts degree in Political war in Sudan and bring peace and social sta- In a special manner, ever since I have Science from California State University, bility to all the people of Sudan. known the members of the Miami Black Cau- Stanislaus. Mr. Speaker, peace is near in the Sudan. cus delegation, these leaders have always Dale began his career with the Stanislaus I would like to recognize the commitment of been at the forefront of ensuring equal partici- County Chief Executive Office in 1971 and President Bashir and the Khartoum govern- pation in the shared duties and responsibilities held numerous positions in the Personnel De- ment and that of SPLM/A and Mr. Garang in on the part of Miami-Dade County’s citizenry.

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.014 E27PT1 E58 CONGRESSIONAL RECORD — Extensions of Remarks January 27, 2004 At the same time, their forceful advocacy for and economic development. Upon completion, new Chief Executive Officer for the Girl Scouts adhering to the tenets of equal treatment the Port of the Americas will become the lead- of America. under the law not only in the halls of aca- ing port in the Caribbean. Ms. Cloninger is a native of Nashville, Ten- demia, but also in every segment of our State He is survived by his wife, Madeleine nessee in my district. She has been a long- government agencies has become legendary. Velasco, and his twin daughters, Solange time advocate for the Girl Scouts and has an In fact, countless others have been touched Marie and Mara Bianca. His years of hard accomplished history in not-for-profit leader- by their genuine commitment to public service, work and dedication to his family, his country, ship. Before her recent appointment to the especially to minorities who could least fend and his city will live on in his unforgettable leg- post of CEO, Ms. Cloninger served as the for themselves. acy. Please join me in honoring this exemplary head of the Girl Scout Council of Cumberland The legislators forming the Miami Regional Puerto Rican’s life and supporting his family in Valley in Nashville. During her tenure there, Issues Conference Committee truly exemplify their time of sorrow. Girl Scout membership in our region rose to a unique and responsive leadership whose f more than 25,000 girls—an increase of nearly courageous vision and wisdom appeal to the 40 percent. She was also responsible for cre- critical issues impacting our community and HONORING JEAN SCHULZ ating an outreach program that tripled the the entire State of Florida. number of African American Girl Scouts, in- I would like to extend my personal invitation HON. LYNN C. WOOLSEY creased the participation of Hispanic girls, and to all those interested in our State government OF CALIFORNIA brought more than 1,000 girls in public hous- to enable them to seize the opportunity to IN THE HOUSE OF REPRESENTATIVES ing into the program. renew and enhance their commitment to our Tuesday, January 27, 2004 In Nashville, Ms. Cloninger also helped to common well-being as we prepare to meet the Ms. WOOLSEY. Mr. Speaker, I rise today to found the Association of Non-Profit Executives many challenges of our times. I honor these honor Jean Schulz, who is stepping down as and has served on the boards of numerous or- distinguished colleagues and fellow public the National Board President of Canine Com- ganizations, including the Center for Non-Profit servants of mine. panions for Independence after 15 years of Management, Leadership Nashville, and the f dedicated service. United Way of Metropolitan Nashville. She has Jean Schulz has been committed to devel- also held top-level positions at the Kellogg REMEMBERING THE MAYOR OF Foundation and the YWCA. PONCE, PR, RAFAEL oping and enhancing the services that CCI provides, and with her leadership, CCI places With more than 3.7 million current members, ‘‘CHURUMBA’’ CORDERO the Girl Scouts have been a cherished Amer- SANTIAGO twice as many dogs with people with disabil- ities as they did when she took over as presi- ican institution for the past 90 years. The ´ ´ dent. The Jean and Charles Schulz Campus, qualities of leadership, values and social con- HON. ANIBAL ACEVEDO-VILA which serves as the National Headquarters science that the Girl Scouts instill in their OF PUERTO RICO and Northwest Regional Center of Canine members have served as guideposts for many IN THE HOUSE OF REPRESENTATIVES Companions for Independence, was built due generations of girls and young women, includ- Tuesday, January 27, 2004 to the efforts of Ms. Schulz and her late hus- ing in my own family. I am proud to say that my wife, Martha, and my daughter, Mary, have Mr. ACEVEDO-VILA« . Mr. Speaker, this past band, Charles M. Schulz, creator of the Pea- nuts comic strip. been Girl Scouts members and continue to be weekend the people of Puerto Rico have lost supporters of this fine organization. a great man. Rafael Cordero Santiago, mayor In 1997, Jean and Charles M. Schulz were instrumental in creating the Charles M. Schulz I have every confidence that Ms. Cloninger of the Municipality of Ponce for the last 16 will continue her excellent leadership of the years, unexpectedly passed away Saturday Museum and Research Center designed to preserve and educate people about Charles Girl Scouts on the national level. In our morning at the age of 61. ‘‘Churumba,’’ as he present times, it is now more important than was fondly known to everyone back home, M. Schulz, the Peanutes comic strip and its characters. Ms. Schulz remains an active ever to maintain organizations and programs was a pillar of strength in the Popular Demo- that provide positive leadership and encour- cratic Party. He was an accomplished politi- member on the board of directors of the museum. agement for our nation’s young people. In light cian, a hardworking administrator, and a true of her proven record and her devotion to the and honest patriot. His unwavering commit- Dedicated to various environmental, educational and human service organizations over ideals of the Girl Scouts, I have no doubt that ment and dedication to his country, his party, Kathy Cloninger will prove to be an excellent and his beloved city of Ponce are testaments the years, the Schulzes donated $5 million to Sonoma State University to build the Jean and role model and leader to guide our young girls to his extraordinary character. into the 21st century. Born in Ponce in 1942, Cordero Santiago Charles Schulz Information Center that houses a state-of-the-art library, computer labs and an On behalf of the people of the fifth district of dedicated the majority of his life to public serv- Tennessee and your hometown, Nashville, I ice. After obtaining a bachelor’s degree in po- art gallery. This facility has become a hub of student activity. am proud to extend to Ms. Cloninger my litical science, economics, and social science warmest wishes and congratulations. from the Catholic University of Puerto Rico in Ms. Schulz’s combination of leadership and f Ponce, he began his public career in the De- commitment to her community has earned her partment of Commerce of the Commonwealth many awards and honors. She received a Key INDIA’S REPUBLIC DAY, JANUARY of Puerto Rico in 1964. From there, he moved to the City from the Santa Rosa City Council, 26, 2004 on to serve as a special assistant to then- was the recipient of a Leadership Award from president of the Puerto Rican senate, Rafael the Santa Rosa Chamber of Commerce and received an Honorary Doctorate of Humane HON. FRANK PALLONE, JR. Hernandez Colon, followed by terms as auxil- OF NEW JERSEY iary Secretary of Domestic Commerce in the Letters from the Sonoma State University. Mr. Speaker, I am proud to recognize Jean IN THE HOUSE OF REPRESENTATIVES Department of Commerce of the Common- Schulz for her many contributions to Canine wealth of Puerto Rico and as administrator of Tuesday, January 27, 2004 Companions for Independence and the entire the Right to Employment Administration. In Mr. PALLONE. Mr. Speaker, I would like to community. 1988 he was elected mayor of Ponce, a posi- pay tribute to one of the most important dates tion that he proudly occupied until his death. f on the calendar for the people of India, as well His work in Ponce spanned almost 2 dec- CONGRATULATING KATHY as for the people of Indian descent who have ades and is marked by great improvement and CLONINGER, NEW CHIEF EXECU- settled in the United States and around the progress in the region, as evidenced by the TIVE OFFICER FOR THE GIRL world. January 26th is Republic Day, an occa- city’s economic and social growth. His most SCOUTS OF AMERICA sion that inspires pride and patriotism for the recent achievement was the approval of the people of India. Plan de Ordenacion Territorial de Ponce, HON. JIM COOPER On January 26, 1950, India became a Re- which gives the city ample funding for infra- OF TENNESSEE public, devoted to the principles of democracy structure projects, including the Port of the and secularism. At that time, Dr. Rajendra IN THE HOUSE OF REPRESENTATIVES Americas. I worked closely with the mayor in Prasad was elected as the nation’s first presi- support of Port of the Americas, which will Tuesday, January 27, 2004 dent. Since then, despite the challenges of bring a state-of-the-art transshipment facility to Mr. COOPER. Mr. Speaker, I have the privi- sustaining economic development and pro- Ponce that will provide for lasting job growth lege today of honoring Kathy Cloninger, the moting tolerance and cooperation amongst its

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JA8.012 E27PT1 January 27, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E59 many ethnic, religious and linguistic commu- India and the United States both proclaimed Following the tragic events of September nities, India has stuck to the path of free and their independence from British colonial rule. 11, 2001 India was one of the first countries fair elections, a multi-party political system and The Indian independence movement under the to come forward to the United States with an the orderly transfer of power from one govern- leadership of Mahatma Gandhi had strong offer of full assistance and cooperation in this ment to its successor. moral support from American intellectuals, po- new global fight against terrorism. India has On that special day in 1950, India adopted litical leaders and journalists. Just last week- sadly been afflicted with terrorism from Paki- its Constitution. It should be noted that India end, we paid tribute to one of our greatest stani-based terrorist groups throughout the last derived key aspects of her Constitution, par- American leaders, the Rev. Martin Luther 15 years, and since September 11th, there ticularly its statement of Fundamental Rights, King, Jr. Dr. King derived many of his ideas of have been terrorist attacks against India on a from our own Bill Of Rights. On the eve of Re- non-violent resistance to injustice from the near daily basis. It is only natural that these public Day several years ago, India’s Presi- teachings and the actions of Mahatma Gandhi. two countries are united in the global fight dent K.R. Narayanan stated in his address to As the world’s two largest democracies, the against terrorism, as well as on many other the nation: ‘‘Let us remember, it is under the United States and India have a natural rela- fronts. flexible and spacious provisions of our Con- tionship, based on their shared values of di- Lastly, I want to note that throughout the stitution, that democracy has flourished during versity, democracy and prosperity. These two South Asian region, India stands alone as a the last fifty years and that India has achieved countries have steadily grown closer for the pillar of democracy, stability and growth. I join an unprecedented unity and cohesion as a na- past ten years, and most recently, the United both Indians in India and over 1.8 million Indi- tion and made remarkable progress in the so- States’ campaign to fight global terrorism has ans living here in the United States in cele- cial and economic fields.’’ brought the two countries even closer. brating India’s Republic Day.

VerDate jul 14 2003 03:31 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JA8.023 E27PT1 Tuesday, January 27, 2004 Daily Digest Senate the Chairman and the Ranking Member of the Com- Chamber Action mittee on Finance, or their designees; that Senator Routine Proceedings, pagesS265–S291 Kyl control 10 additional minutes; that, upon con- Measures Introduced: Three bills and one resolu- clusion of debate, the Senate vote in relation to tion were introduced, as follows: S. 2031–2033, and amendment No. 2236; that, upon disposition of the S. Res. 292. Page S286 amendment, the Senate vote on the question of agreeing to amendment No. 2233; that, upon dis- Measures Reported: position of said amendment, the bill, as amended, be S. 129, to provide for reform relating to Federal read the third time and the Senate then vote on final employment, with an amendment in the nature of a passage of the bill. Pages S278, S291 substitute. (S. Rept. No. 108–223) Page S286 Executive Communications: Pages S284–86 Pension Funding Equity Act—Agreement: Senate resumed consideration of H.R. 3108, to amend the Additional Cosponsors: Pages S286–87 Employee Retirement Income Security Act of 1974 Statements on Introduced Bills/Resolutions: and the Internal Revenue Code of 1986 to tempo- Pages S287–89 rarily replace the 30-year Treasury rate with a rate Additional Statements: Pages S281–84 based on long-term corporate bonds for certain pension plan funding requirements and other provisions, Amendments Submitted: Pages S289–91 taking action on the following amendments proposed Notices of Hearings/Meetings: Page S291 Pages S266–78 thereto: Authority for Committees to Meet: Page S291 Adopted: Grassley (for Nickles) Amendment No. 2264 (to Record Votes: One record vote was taken today. Amendment No. 2233), to express the sense of the (Total—4) Page S272 Senate with respect to the status of private pension Adjournment: Senate convened at 12 noon, and ad- plans. Pages S274–75 journed at 4:49 p.m., until 11 a.m., on Wednesday, Grassley Modified Amendment No. 2261 (to January 28, 2004. (For Senate’s program, see the re- Amendment No. 2233), to extend transfers of excess marks of the Acting Majority Leader in today’s pension assets to retiree health accounts. Page S278 Record on page S291.) Pending: Grassley Amendment No. 2233, of a perfecting Committee Meetings nature. Pages S266–78 Kyl Amendment No. 2236 (to Amendment No. (Committees not listed did not meet) 2233), to restrict an employer that elected an alternative deficit reduction contribution from applying FOOD SAFETY: BSE for a funding waiver. Page S266 Committee on Agriculture, Nutrition, and Forestry: Com- Rejected: mittee concluded a hearing to examine the current Kyl Amendment No. 2234 (to Amendment No. situation regarding the discovery of a case of Bovine 2233), to limit the liability of the Pension Benefit Spongiform Encephalopathy (BSE) in a dairy cow in Guaranty Corporation with respect to a plan for Washington State as it relates to food safety, live- which a reduced deficit contribution is elected. (By stock marketing and international trade, after receiv- 67 yeas to 25 nays (Vote No. 4), Senate tabled the ing testimony from Senators Durbin and Allard; Ann amendment). Pages S266–72 M. Veneman, Secretary of Agriculture; Lester M. A unanimous-consent agreement was reached pro- Crawford, Deputy Commissioner of Food and Drugs, viding for further consideration of the bill at 11 Department of Health and Human Services; and Al- a.m., on Wednesday, January 28, 2004, that there fonso Torres, Cornell University College of Veteri- be 30 minutes for debate, equally divided between nary Medicine, Ithaca, New York. D26

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ECONOMIC OUTLOOK U.S. GOVERNMENT CONTINUITY Committee on the Budget: Committee concluded a hear- Committee on the Judiciary: Committee concluded a ing to examine the budget and economic outlook for hearing to examine a proposed constitutional amend- fiscal years 2005 to 2014, after receiving testimony ment to guarantee a functioning Congress, with re- from Douglas Holtz-Eakin, Director, Congressional spect to ensuring the continuity of the United States Budget Office. government, after receiving testimony from former AFGHANISTAN Senator Alan Simpson, on behalf of the Continuity Committee on Foreign Relations: Committee concluded of Government Commission; Sanford V. Levinson, a hearing to assess the international effort to stabilize University of Texas Law School, Austin; and Howard and rebuild Afghanistan, focusing on the Inter- M. Wasserman, Florida International University Col- national Security Assistance Force (ISAF), after re- lege of Law, Miami. ceiving testimony from General James L. Jones, Su- preme Allied Commander Europe (SACEUR), Su- SEAPORT SECURITY preme Headquarters, Allied Powers Europe, Mons, Committee on the Judiciary: Subcommittee on Ter- Belgium; and William B. Taylor, Jr., Coordinator rorism, Technology, and Homeland Security con- for Afghanistan, Department of State. cluded a hearing to examine seaport security since MUTUAL FUNDS September 11, 2001, focusing on the National Tar- Committee on Governmental Affairs: Subcommittee on geting Center, the Automated Targeting System, the Financial Management, the Budget, and Inter- Container Security Initiative, and non-intrusive in- national Security concluded an oversight hearing to spection and radiation detection technologies, after examine the disclosure of mutual fund fees and the receiving testimony from Rear Admiral Larry L. need for additional disclosures of mutual fund prac- Hereth, Director of Port Security, U.S. Coast Guard, tices, including how the fees and other costs that in- and Robert M. Jacksta, Executive Director, Border vestors pay as part of owning fund shares can affect Security and Facilitation, Office of Field Operations, their investment returns, after receiving testimony Customs and Border Protection, both of the Depart- from Richard J. Hillman, Director, Financial Mar- ment of Homeland Security; and Gary M. Bald, Act- kets and Community Investment, General Account- ing Assistant Director, Counter-Terrorism Division, ing Office; New York Attorney General Eliot L. Federal Bureau of Investigation, Department of Jus- Spitzer, Albany; Peter T. Scannell, Weymouth Land- tice. ing, Massachusetts; James Nesfield, Nesfield Capital, Engelhard, North Carolina; John C. Bogle, Bogle Fi- RETIREMENT PLANNING nancial Markets Research Center/Vanguard Group, Special Committee on Aging: Committee concluded a Valley Forge, Pennsylvania; Jeffrey C. Keil, Lipper hearing to examine retirement planning, including Inc., Travis Plunkett, Consumer Federation of Amer- ica, Paul S. Stevens, Dechert LLP, on behalf of the retirement reform proposals, after receiving testi- Investment Company Institute, and Marc E. mony from Jack L. VanDerhei, Temple University, Lackritz, Securities Industry Association, all of Philadelphia, Pennsylvania, on behalf of the Em- Washington, D.C.; and John P. Freeman, University ployee Benefit Research Institute; and Jagadeesh of South Carolina School of Law, Columbia. Gokhale, CATO Institute, Washington, D.C. h House of Representatives H. Res. 502, providing for consideration of S. Chamber Action 610, to amend the provisions of title 5, United Measures Introduced: 6 public bills, H.R. States Code, to provide for workforce flexibilities and 3729–3734; 1 private bill, H.R. 3735; and 1 resolu- certain Federal personnel provisions relating to the tion, H. Con. Res 350, were introduced. Page H127 National Aeronautics and Space Administration (H. Additional Cosponsors: Page H128 Rept. 108–406); and H. Res. 503, providing for consideration of S. Reports Filed: Reports were filed today as follows: 1920, to extend for 6 months the period for which

VerDate jul 14 2003 03:01 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JA4.REC D27JA4 D28 CONGRESSIONAL RECORD — DAILY DIGEST January 27, 2004 chapter 12 of title 11 of the United States Code is and controlled by the chairman and ranking minor- reenacted (H. Rept. 108–407). Page H127 ity member of the Committee on Government Re- Speaker: Read a letter from the Speaker wherein he form. The rule provides that the bill shall be consid- appointed Representative Bonner to act as Speaker ered for amendment under the five-minute rule and pro tempore for today. Page H101 that it shall be considered as read. The rule authorizes the Chair to accord priority in recognition to Recess: The House recessed at 12:44 p.m. and re- Members who have pre-printed their amendments in convened at 2 p.m. Page H103 the Congressional Record. Finally, the rule provides Suspensions: The House agreed to suspend the rules one motion to recommit with or without instruc- and pass the following measures: tions. Testimony was heard from Chairman Boehlert. Extending the authorization for a postage stamp FAMILY FARMER BANKRUPTCY RELIEF to benefit breast cancer research: H.R. 1385, to ex- EXTENSION tend the provision of title 39, United States Code, Committee on Rules: Granted, by voice vote, a modi- under which the United States Postal Service is au- fied closed rule providing one hour of general debate thorized to issue a special postage stamp to benefit on the bill S. 1920, to extend for 6 months the pe- breast cancer research, by a 2⁄3 yea-and-nay vote of riod for which chapter 12 of title 11 of the United 331 yeas to 1 nay, Roll No. 6; Pages H104–09, H112–13 States code is reenacted, and amendments made in Medical Devices Technical Corrections Act of order equally divided and controlled by the chairman 2003: H.R. 3493, to amend the Federal Food, Drug, and ranking minority member of the Committee on and Cosmetic Act to make technical corrections re- the Judiciary. The rule provides that it shall be in lating to the amendments made by the Medical De- order to consider as an original bill for the purpose vice User Fee and Modernization Act of 2002, by a of amendment under the five-minute rule an amend- 2⁄3 yea-and-nay vote of 333 yeas with none voting ment in the nature of a substitute consisting of H.R. ‘‘nay’’, Roll No. 7; Pages H109–12, H113 975 as passed by the House, and that it shall be Joint Meeting of Congress: Agreed that it be in considered as read. The rule waives all points of order at any time on Wednesday, February 4, 2004, order against the amendment in the nature of a sub- for the Speaker to declare a recess, subject to the call stitute. The rule makes in order only those amend- of the chair, for the purpose of receiving in Joint ments to that amendment in the nature of a sub- Meeting His Excellency Jose Maria Aznar, President stitute which are printed in the Rules Committee re- of the Government of Spain. Page H112 port accompanying the resolution. The rule provides that the amendments made in order may be offered Recess: The House recessed at 2:54 p.m. and recon- only in the order printed in the report, may be of- vened at 6:31 p.m. Page H112 fered only by a Member designated in the report, Quorum Calls—Votes: Two yea-and-nay votes de- shall be considered as read, shall be debatable for the veloped during the proceedings of the House today time specified in the report equally divided and con- and appear on pages H112–13 and H113. There trolled by the proponent and an opponent, shall not were no recorded votes or quorum calls. be subject to amendment, and shall not be subject Adjournment: The House met at 12:30 p.m. and to a demand for a division of the question in the adjourned at 8:40 p.m. House or in the Committee of the Whole. The rule waives all points of order against the amendments printed in the report. The rule provides one motion Committee Meetings to recommit with or without instructions. Section 2 BUDGET AND ECONOMIC OUTLOOK of the resolution provides that if the Senate bill, as Committee on the Budget: Held a hearing on the Budg- amended, is passed then it shall be in order to move et and Economic Outlook—Fiscal Years 2005–2014. that the House insist on its amendment to S. 1920 Testimony was heard from Douglas Holtz-Eakin, Di- and request a conference thereof. Testimony was rector, CBO. heard from Chairman Sensenbrenner and Representa- tive Baldwin. NASA WORKFORCE FLEXIBILITY ACT f Committee on Rules: Granted, by voice vote, an open rule providing one hour of general debate on S. 610, NEW PUBLIC LAWS NASA Workforce Flexibility Act of 2003, with 40 (For last listing of Public Laws, see DAILY DIGEST, p. D5) minutes equally divided and controlled by the chair- H.R. 2673, making appropriations for Agri- man and ranking minority member of the Com- culture, Rural Development, Food and Drug Admin- mittee on Science and 20 minutes equally divided istration, and Related Agencies for the fiscal year

VerDate jul 14 2003 03:01 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JA4.REC D27JA4 January 27, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D29 ending September 30, 2004. Signed on January 23, Committee on Financial Services, Subcommittee on Over- 2004. (Public Law 108–199) sight and Investigations, hearing entitled ‘‘Congressional Review of OCC Preemption,’’ 10 a.m., 2128 Rayburn. f Committee on Government Reform, hearing entitled COMMITTEE MEETINGS FOR WEDNESDAY, ‘‘Avoiding ‘Financial Friendly Fire’: A Review of Efforts JANUARY 28, 2004 to Overcome Army National Guard Pay Problems,’’ 10 a.m., 2154 Rayburn. (Committee meetings are open unless otherwise indicated) Special Panel on Postal Reform and Oversight, hearing Senate entitled ‘‘Answering the Administration’s Call for Postal Reform—Part I ,’’ 2 p.m., 2154 Rayburn. Committee on Armed Services: to hold hearings to examine Subcommittee on Energy Policy, Natural Resources the nominations of Francis J. Harvey, of California, to be and Regulatory Affairs and the Subcommittee on Regu- an Assistant Secretary of Defense, William A. Chatfield, latory Reform and Oversight of the Committee on Small of Texas, to be Director of Selective Service, and Lawrence T. Di Rita, of Michigan, to be an Assistant Secretary of Business, joint hearing entitled ‘‘What is the Administra- Defense, 9:30 a.m., SR–222. tion’s Record in Relieving Burden on Small Business,’’ 2 Full Committee, to hold hearings to examine efforts to p.m., 2247 Rayburn. determine the status of Iraqi weapons of mass destruction Committee on the Judiciary, to mark up the following and related programs, 11 a.m., SD–106. measures: H.R. 1073, To repeal section 801 of the Rev- Committee on Commerce, Science, and Transportation: to enue Act of 1916; H.R. 1768, Multidistrict Litigation hold hearings to examine NASA’s future space mission, Restoration Act of 2003; H. Res. 412, Honoring the men 9:30 a.m., SR–253. and women of the Drug Enforcement Administration on Committee on Foreign Relations: to hold a closed briefing the occasion of its 30th Anniversary; H.R. 3095, Com- regarding steps toward rapprochement in relation to Paki- munity Recognition Act of 2003; H.R. 339, Personal Re- stan and India, 9 a.m., S–407, Capitol. sponsibility in Food Consumption Act; H.R. 2824, Inter- Full Committee, to hold hearings to examine steps to- net Tobacco Sales Enforcement Act; and H. Res. 56, Sup- ward rapprochement relating to Pakistan and India, 10:30 porting the goals of the Japanese American, German a.m., SH–216. American, and Italian American communities in recog- Committee on Health, Education, Labor, and Pensions: to nizing a National Day of Remembrance to increase public hold hearings to examine health issues relating to health awareness of the events surrounding the restriction, exclu- care costs and the uninsured, 10:30 a.m., SD–430. sion, and internment of individuals and families during Committee on Indian Affairs: business meeting to con- Word War II, 10 a.m., 2141 Rayburn. sider pending calendar business, 10 a.m., SR–485. Committee on Science, Subcommittee on Environment, Committee on the Judiciary: to hold hearings to examine Technology, and Standards, to mark up H.R. 3551, Sur- the nomination of Franklin S. Van Antwerpen, of Penn- face Transportation Research and Development Act of sylvania, to be United States Circuit Judge for the Third 2003, 10 a.m., 2318 Rayburn. Circuit, 10 a.m., SD–226. Committee on Veterans’ Affairs, hearing on the Depart- ment of Veterans Affairs long-term care policies, 12 p.m., House 334 Cannon. Committee on Agriculture, hearing to review the Potential Committee on Ways and Means, Subcommittee on Impact of Recent Temporary Guest Worker Proposals on Human Resources, hearing to review Federal and State the Agriculture Sector, 11 a.m., 1300 Longworth. Oversight of Child Welfare Programs, 10:30 a.m., B–318 Committee on Armed Services, hearing on the Operation Rayburn. Iraqi Freedom Force Rotation Plan, 1 p.m., 2118 Ray- Permanent Select Committee on Intelligence, executive, to burn. mark up H. Res. 499, requesting the President and di- Committee on Energy and Commerce, Subcommittee on recting the Secretary of State, the Secretary of Defense, Commerce, Trade and Consumer Protection, hearing enti- and the Attorney General to transmit to the House of tled ‘‘Freddie Mac’s Accounting Restatement: Are Ac- Representatives not later than 14 days after the date of counting Standards Working?’’ 10 a.m., 2322 Rayburn. the adoption of this resolution documents in the posses- Subcommittee on Health, to consider H.R. 3658, sion of the President and those officials relating to the Stroke Treatment and Ongoing Prevention Act, 10 a.m., disclosure of the identify and employment of Ms. Valerie 2123 Rayburn. Plame, 10 a.m., H–405 Capitol. Subcommittee on Telecommunications and the Inter- Select Committee on Homeland Security, Subcommittee on net, hearing entitled ‘‘ ‘Can you say that on TV?’: An Ex- Infrastructure and Border Security, hearing entitled ‘‘In- amination of the FCC’s Enforcement with Respect to tegrity and Security at the Border: The US VISIT Pro- Broadcast Indecency,’’ 10:30 a.m., 2123 Rayburn. gram,’’ 11 a.m., 345 Cannon.

VerDate jul 14 2003 03:01 Jan 28, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JA4.REC D27JA4 D30 CONGRESSIONAL RECORD — DAILY DIGEST January 27, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Wednesday, January 28 10 a.m., Wednesday, January 28

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of S. 610, ation of H.R. 3108, Pension Funding Equity Act, with NASA Workforce Flexibility Act of 2003 (open rule, one votes on pending amendments and a vote on final passage hour of general debate). of the bill. Also, Senate may consider certain judicial Consideration of S. 1920, to extend for 6 months the nominations. period for which chapter 12 of title 11 of the United States Code is reenacted (modified closed rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Tom, Va., E49 Meek, Kendrick B., Fla., E57 DeLauro, Rosa L., Conn., E51, E56 Pallone, Frank, Jr., N.J., E58 Acevedo-Vila´ , Anı´bal, Puerto Rico, E58 Emerson, Jo Ann, Mo., E54 Pickering, Charles W. ‘‘Chip’’, Miss., E55 Bonner, Jo, Ala., E47, E48, E49 Farr, Sam, Calif., E50, E52, E53 Radanovich, George, Calif., E57 Bordallo, Madeleine Z., Guam, E55 Filner, Bob, Calif., E56 Souder, Mark E., Ind., E50 Cardoza, Dennis A., Calif., E50, E51, E52, E53, E54, Frelinghuysen, Rodney P., N.J., E51, E52 E55, E56 Gordon, Bart, Tenn., E56 Taylor, Charles H., N.C., E47, E48, E49 Cooper, Jim, Tenn., E58 Hart, Melissa A., Pa., E54 Towns, Edolphus, N.Y., E57 Crane, Philip M., Ill., E54 John, Christopher, La., E47, E48, E49 Woolsey, Lynn C., Calif., E58

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