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, FRIDAY, SEPTEMBER 24, 2004 No. 117 House of Representatives The House met at 2 p.m. and was I pledge allegiance to the Flag of the b 1630 United States of America, and to the Repub- called to order by the Speaker pro tem- AFTER RECESS pore (Mr. PETRI). lic for which it stands, one nation under God, indivisible, with liberty and justice for all. The recess having expired, the House f was called to order by the Speaker pro f DESIGNATION OF THE SPEAKER tempore (Mr. PETRI) at 4 o’clock and 30 PRO TEMPORE MESSAGE FROM THE SENATE minutes p.m. The SPEAKER pro tempore laid be- A message from the Senate by Mr. f fore the House the following commu- Monahan, one of its clerks, announced SENATE BILLS REFERRED nication from the Speaker: that the Senate has passed without Bills of the Senate of the following WASHINGTON, DC, amendment a bill of the House of the titles were taken from the Speaker’s September 24, 2004. following title: I hereby appoint the Honorable THOMAS E. table and, under the rule, referred as PETRI to act as Speaker pro tempore on this H.R. 3389. An act to amend the Stevenson- follows: Wydler Technology Innovation Act of 1980 to day. S. 2781. An act to express the sense of Con- ENNIS HASTERT, permit Malcolm Baldrige National Quality J. D gress regarding the conflict in Darfur, Speaker of the House of Representatives. Awards to be made to nonprofit organiza- tions. Sudan, to provide assistance for the crisis in f Darfur and for comprehensive peace in The message also announced that the PRAYER Sudan, and for other purposes; to the Com- Senate has passed a bill and a concur- mittee on International Relations. The Chaplain, the Reverend Daniel P. rent resolution of the following titles S. Con. Res. 119. Concurrent resolution rec- Coughlin, offered the following prayer: in which the concurrence of the House ognizing that prevention of suicide is a com- Lord God, King of the Universe, as is requested: pelling national priority; to the Committee Jewish brothers and sisters begin their S. 2781. An act to express the sense of Con- on Energy and Commerce. fast of Yom Kippur, may Americans all gress regarding the conflict in Darfur, f across this Nation spend some time Sudan, to provide assistance for the crisis in ADJOURNMENT this weekend in prayer and introspec- Darfur and for comprehensive peace in tion upon our words and deeds. As we Sudan, and for other purposes. The SPEAKER pro tempore. Without seek Your liberating forgiveness, Lord, S. Con. Res. 119. Concurrent resolution rec- objection, the House stands adjourned ognizing that prevention of suicide is a com- until 12:30 p.m. on Tuesday next for may You strengthen our resolve to lead pelling national priority. more virtuous lives as Your free peo- morning hour debates. ple. Help us to find better ways to re- f There was no objection. solve difficulties and establish peace in Accordingly (at 4 o’clock and 31 min- this world. This we ask of You, the All ANNOUNCEMENT BY THE SPEAKER utes p.m.), under its previous order, the Holy God, now and forever. Amen. PRO TEMPORE House adjourned until Tuesday, Sep- tember 28, 2004, at 12:30 p.m., for morn- f The SPEAKER pro tempore. Under clause 5(c) of rule XX, the Chair an- ing hour debates. THE JOURNAL nounces to the House that, in light of f The SPEAKER pro tempore. The the resignation of the gentleman from EXECUTIVE COMMUNICATIONS, Chair has examined the Journal of the Florida (Mr. GOSS), the whole number ETC. last day’s proceedings and announces of the House is adjusted to 433. to the House his approval thereof. Under clause 8 of rule XII, executive Pursuant to clause 1, rule I, the Jour- f communications were taken from the nal stands approved. Speaker’s table and referred as follows: RECESS 9739. A communication from the President f The SPEAKER pro tempore. Pursu- of the United States, transmitting a request PLEDGE OF ALLEGIANCE ant to clause 12(a) of rule I, the Chair for a FY 2005 budget amendment for the the The SPEAKER pro tempore. The declares the House in recess subject to Department of Energy; (H. Doc. No. 108–219); to the Committee on Appropriations and or- Chair will lead the House in the Pledge the call of the Chair. dered to be printed. of Allegiance. Accordingly (at 2 o’clock and 3 min- 9740. A letter from the Principal Deputy The Speaker pro tempore led the utes p.m.), the House stood in recess Under Secretary for Personnel and Readi- Pledge of Allegiance as follows: subject to the call of the Chair. ness, Department of Defense, transmitting

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.

H7577

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VerDate Aug 04 2004 00:27 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24SE7.000 H24PT1 H7578 CONGRESSIONAL RECORD — HOUSE September 24, 2004 authorization of the enclosed list of officers 9751. A letter from the Deputy Secretary, ries Airplanes [Docket No. 2004-CE-04-AD; to wear the insignia of the grade of rear ad- Department of the Treasury, transmitting as Amendment 39-13774; AD 2004-17-02] (RIN: miral (lower half) in accordance with title required by section 401(c) of the National 2120-AA64) received September 22, 2004, pur- 10, United States Code, section 777; to the Emergency Act, 50 U.S.C. 1641(c), and section suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Armed Services. 204(c) of the International Emergency Eco- mittee on Transportation and Infrastruc- 9741. A letter from the Under Secretary for nomic Powers Act, 50 U.S.C. 1703(c), and pur- ture. Personnel and Readiness, Department of De- suant to Executive Order 13313 of July 31, 9761. A letter from the Program Analyst, fense, transmitting a letter on the approved 2003, a six-month periodic report on the na- FAA, Department of Transportation, trans- retirement of General Paul J. Kern, United tional emergency with respect to terrorists mitting the Department’s final rule — Air- States Army, and his advancement to the who threaten to disrupt the Middle East worthiness Directives; Grob Werke Gmbh & grade of general on the retired list; to the peace process that was declared in Executive Co KG Models G102 CLUB ASTIR III, G102 Committee on Armed Services. Order 12947 of January 23, 1995; to the Com- CLUB ASTIR IIIb, and G102STANDARD 9742. A letter from the Under Secretary for mittee on International Relations. ASTIR III Sailplanes [Docket No. 2004-CE-10- Personnel and Readiness, Department of De- 9752. A letter from the Deputy Secretary, AD; Amendment 39-13776; AD 2004-17-04] (RIN: fense, transmitting a letter on the approved Department of the Treasury, transmitting as 2120-AA64) received September 22, 2004, pur- retirement of General Ralph E. Eberhart, required by section 401(c) of the National suant to 5 U.S.C. 801(a)(1)(A); to the Com- United States Air Force, and his advance- Emergency Act, 50 U.S.C. 1641(c), and section mittee on Transportation and Infrastruc- ment to the grade of general on the retired 204(c) of the International Emergency Eco- ture. list; to the Committee on Armed Services. nomic Powers Act, 50 U.S.C. 1703(c), section 9762. A letter from the Program Analyst, 9743. A letter from the Chairman, Board of 505(c) of the International Security and De- FAA, Department of Transportation, trans- Governors of the Federal Reserve System, velopment Cooperation Act of 1985, 22 U.S.C. mitting the Department’s final rule — Air- transmitting the Board’s semiannual Mone- 2349aa-9(c),and pursuant to Executive Order worthiness Directives; McDonnell Douglas tary Policy Report pursuant to Pub. L. 106- 13313 of July 31, 2003, a six-month periodic re- Model DC-10 Series Airplanes, Model MD-10 569; to the Committee on Financial Services. Series Airplanes, and Model MD-11 Series 9744. A letter from the Secretary, Depart- port on the national emergency with respect Airplanes [Docket No. FAA-2004-18978; Direc- ment of the Treasury, transmitting an an- to Iran that was declared in Executive Order torate Identifier 2004-NM-127-AD; Amend- nual report to the President and to the Con- 12957 of March 15, 1995; to the Committee on ment 39-13780; AD 2001-14-08 R1] (RIN: 2120- gress on the audit of the Telecommuni- International Relations. 9753. A letter from the Deputy Chief, Ad- AA64) received September 22, 2004, pursuant cations Development Fund, pursuant to 47 ministrative Law Division, Central Intel- to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 614; to the Committee on Energy and ligence Agency, transmitting a report pursu- Transportation and Infrastructure. Commerce. 9763. A letter from the Program Analyst, 9745. A letter from the Director, Defense ant to the Federal Vacancies Reform Act of FAA, Department of Transportation, trans- Security Cooperation Agency, transmitting 1998; to the Committee on Government Re- mitting the Department’s final rule — Air- notification concerning the Department of form. Navy’s Proposed Letter(s) of Offer and Ac- 9754. A letter from the Deputy Chief, Ad- worthiness Directives; General Electric Com- ceptance (LOA) to the Netherlands for de- ministrative Law Division, Central Intel- pany (GE); CT7-2D1 Turboshaft Engines fense articles and services (Transmittal No. ligence Agency, transmitting a report pursu- [Docket No. FAA-2004-18758; Directorate 04-33), pursuant to 22 U.S.C. 2776(b); to the ant to the Federal Vacancies Reform Act of Identifier 2004-NE-24-AD; Amendment 39- Committee on International Relations. 1998; to the Committee on Government Re- 13763; AD 2004-16-07] (RIN: 2120-AA64) received 9746. A letter from the Deputy Director, form. September 22, 2004, pursuant to 5 U.S.C. Defense Security Cooperation Agency, trans- 9755. A letter from the Deputy Chief, Ad- 801(a)(1)(A); to the Committee on Transpor- mitting notification concerning the Depart- ministrative Law Division, Central Intel- tation and Infrastructure. ment of the Army’s Proposed Letter(s) of ligence Agency, transmitting a report pursu- 9764. A letter from the Program Analyst, Offer and Acceptance (LOA) to Israel for de- ant to the Federal Vacancies Reform Act of FAA, Department of Transportation, trans- fense articles and services (Transmittal No. 1998; to the Committee on Government Re- mitting the Department’s final rule — Air- 04-31), pursuant to 22 U.S.C. 2776(b); to the form. worthiness Directives; General Electric Com- Committee on International Relations. 9756. A letter from the Chief Executive Of- pany CF34-3A1 and -3B1 Series Turbofan En- 9747. A letter from the Secretary, Depart- ficer, Corporation for National and Commu- gines [Docket No. FAA-2004-18648; Direc- ment of the Treasury, transmitting the nity Service, transmitting a report pursuant torate Identifier 2004-NE-26-AD; Amendment semiannual report detailing payments made to the Federal Vacancies Reform Act of 1998; 39-13773; AD 2004-15-03R1] (RIN: 2120-AA64) re- to Cuba as a result of the provision of tele- to the Committee on Government Reform. ceived September 22, 2004, pursuant to 5 communications services pursuant to De- 9757. A letter from the Manager, Human U.S.C. 801(a)(1)(A); to the Committee on partment of the Treasury specific licenses, Resources Support Branch, Personal and Transportation and Infrastructure. as required by Section 1705(e)(6) of the Cuban Family Readiness Division, By direction of 9765. A letter from the Program Analyst, Democracy Act of 1992, 22 U.S.C. 6004(3)(6), as Commandant of Marine Corps, Department FAA, Department of Transportation, trans- amended by Section 102(g) of the Cuban Lib- of transmitting the annual report for 2004 of mitting the Department’s final rule — Air- erty and Democratic Solidarity (LIBERTAD) the Retirement Plan for Civilian Employees worthiness Directives; Cessna Aircraft Mod- Act of 1996, and pursuant to Executive Order ofthe United States Marine Corps Personal els 208 and 208B Airplanes [Docket No. 2002- 13313 of July 31, 2003, pursuant to 22 U.S.C. and Family Readiness Divison, and Miscella- CE-23-AD; Amendment 39-13772; AD 2004-17- 6032; to the Committee on International Re- neous Nonappropriated Fund Instrumental- 01] (RIN: 2120-AA64) received September 22, lations. ities are also furnished, pursuant to 31 U.S.C. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9748. A letter from the Assistant Secretary 9503(a)(1)(B); to the Committee on Govern- Committee on Transportation and Infra- for Legislative Affairs, Department of State, ment Reform. structure. transmitting certification of a proposed li- 9758. A letter from the Archivist of the 9766. A letter from the Program Analyst, cense for the export of defense articles or de- United States, National Archives and FAA, Department of Transportation, trans- fense services sold commercially under a Records Administration, transmitting in ac- mitting the Department’s final rule — Air- contract to Germany (Transmittal No. DDTC cordance with Section 647(b) of Division F of worthiness Directives; General Electric Com- 061-04), pursuant to 22 U.S.C. 2776(c); to the the Consolidated Appropriations Act, FY pany CF34-3A1 and -3B1 Series Turbofan En- Committee on International Relations. 2004, Pub. L. 108-199, and the Office of Man- gines [Docket No. FAA-2004-18648; Direc- 9749. A letter from the Assistant Secretary agement and Budget Memorandum 04-07, the torate Identifier 2004-NE-26-AD; Amendment for Legislative Affairs, Department of State, Administration’s report on competitive 39-13773; AD 2004-15-03R1] (RIN: 2120-AA64) re- transmitting certification of a proposed li- sourcing efforts for FY 2003 and their ceived September 22, 2004, pursuant to 5 cense for the export of defense articles or de- planned ef forts for FY 2004; to the Com- U.S.C. 801(a)(1)(A); to the Committee on fense services sold commercially under a mittee on Government Reform. Transportation and Infrastructure. contract to Australia (Transmittal No. 9759. A letter from the Program Analyst, 9767. A letter from the Program Analyst, DDTC 069-04), pursuant to 22 U.S.C. 2776(c); FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- to the Committee on International Rela- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- tions. worthiness Directives; Pratt & Whitney Can- worthiness Directives; Boeing Model 767-200, 9750. A letter from the Acting Assistant ada PW206A and PW206E Turboshaft Engines -300, and -300F Series Airplanes [Docket No. Secretary for Legislative Affairs, Depart- [Docket No. 2003-NE-25-AD; Amendment 39- 2002-NM-186-AD; Amendment 39-13768; AD ment of State, transmitting Pursuant to sec- 13775; AD 2004-17-03] (RIN: 2120-AA64) received 2004-16-12] (RIN: 2120-AA64) received Sep- tion 565(b) of the Foreign Relations Author- September 22, 2004, pursuant to 5 U.S.C. tember 22, 2004, pursuant to 5 U.S.C. ization Act for FY 1994 and 1995 (Pub. L. 103- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 236), certifications and waivers of the tation and Infrastructure. tation and Infrastructure. prohibtion against contracting with firms 9760. A letter from the Program Analyst, 9768. A letter from the Program Analyst, that comply with the Arab League Boycott FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- of the State of Israel, pursuant to Public mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- Law 103–236, section 565(b) (108 Stat. 845); to worthiness Directives; Raytheon Aircraft worthiness Directives; Eurocopter France the Committee on International Relations. Company 65, 90, 99, 100, 200, 300, and 1900 Se- Model AS-365N2, AS EC 155B, EC155B1, SA-

VerDate Aug 04 2004 00:27 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\L24SE7.000 H24PT1 September 24, 2004 CONGRESSIONAL RECORD — HOUSE H7579 365N and N1, and SA-366G1 Helicopters 2120-AA64) received September 22, 2004, pur- tion 105(f)(1)(A)(iii); jointly to the Commit- [Docket No. FAA-2004-18850; Directorate suant to 5 U.S.C. 801(a)(1)(A); to the Com- tees on International Relations and Re- Identifier 2004-SW-19-AD; 39-13771; AD 2004-16- mittee on Transportation and Infrastruc- sources. 15] (RIN: 2120-AA64) received September 22, ture. 9785. A letter from the Principal Deputy 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9777. A letter from the Program Analyst, Under Secretary for Policy, Department of Committee on Transportation and Infra- FAA, Department of Transportation, trans- State, transmitting a report, prepared on be- structure. mitting the Department’s final rule — half of the President, on progress in Kosovo 9769. A letter from the Program Analyst, Airworhtiness Directives; Rolls-Royce plc toward achieving militarily significant FAA, Department of Transportation, trans- RB211 Trent 800 Series Turbofan Engines benchmarks during the period July 1 to De- mitting the Department’s final rule — Air- [Docket No. 2003-NE-38-AD; Amendment 39- cember 31, 2003, pursuant to Public Law 106— worthiness Directives; Cessna Aircraft Com- 13736; AD 2004-15-02] (RIN: 2120-AA64) received 398, section 1212(c); jointly to the Commit- pany Models 172R, 172S, 182S, 182T, T182T, September 22, 2004, pursuant to 5 U.S.C. tees on Armed Services, International Rela- 206H, and T206H Airplanes [Docket No. 2004- 801(a)(1)(A); to the Committee on Transpor- tions, and Appropriations. CE-03-AD; Amendment 39-13752; AD 2004-15- tation and Infrastructure. f 18] (RIN: 2120-AA64) received September 22, 9778. A letter from the Program Analyst, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- REPORTS OF COMMITTEES ON Committee on Transportation and Infra- mitting the Department’s final rule — Air- PUBLIC BILLS AND RESOLUTIONS structure. worthiness Directives; Boeing Model 737-200, Under clause 2 of rule XIII, reports of 9770. A letter from the Program Analyst, -200C, -300, -400, and -500 Series Airplanes committees were delivered to the Clerk FAA, Department of Transportation, trans- [Docket No. 99-NM-78-AD; Amendment 39- for printing and reference to the proper mitting the Department’s final rule — Air- 13738; AD 2004-15-04] (RIN: 2120-AA64) received calendar, as follows: worthiness Directives; The New Piper Air- September 22, 2004, pursuant to 5 U.S.C. craft, Inc. Model PA-46-500TP Airplanes 801(a)(1)(A); to the Committee on Transpor- Mr. SENSENBRENNER: Committee on the [Docket No. 2003-CE-52-AD; Amendment 39- tation and Infrastructure. Judiciary. H.R. 4077. A bill to enhance crimi- 13753; AD 2004-15-19] (RIN: 2120-AA64) received 9779. A letter from the Program Analyst, nal enforcement of the copyright laws, to September 22, 2004, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- educate the public about the application of 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- copyright law to the Internet, and for other tation and Infrastructure. worthiness Directives; Saab Model SAAB purposes; with an amendment (Rept. 108–700). 9771. A letter from the Program Analyst, SF340A Series Airplanes [Docket No. 2002- Referred to the Committee of the Whole FAA, Department of Transportation, trans- NM-319-AD; Amendment 39-13744; AD 2004-15- House on the State of the Union. mitting the Department’s final rule — Air- 10] (RIN: 2120-AA64) received September 22, f worthiness Directives; Fokker Model F27 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS Mark 100, 200, 300, 400, 500, 600, and 700 Series Committee on Transportation and Infra- Airplanes [Docket No. 2002-NM-302AD; structure. Under clause 2 of rule XII, public Amendment 39-13751; AD 2004-15-17] (RIN: 9780. A letter from the Program Analyst, bills and resolutions were introduced 2120-AA64) received September 22, 2004, pur- FAA, Department of Transportation, trans- and severally referred, as follows: mitting the Department’s final rule — Air- suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. HASTERT (for himself, Mr. mittee on Transportation and Infrastruc- worthiness Directives; Empresa Brasileira de DELAY, Mr. BLUNT, Ms. PRYCE of ture. Aeronautica S.A. (EMBRAER) Model EMB- Ohio, Mr. HOEKSTRA, Mr. HUNTER, Mr. 9772. A letter from the Program Analyst, 135 and -145 Series Airplanes [Docket No. YOUNG of Florida, Mr. SENSEN- FAA, Department of Transportation, trans- 2004-NM-47-AD; Amendment 39-13754; AD BRENNER, Mr. HYDE, Mr. TOM DAVIS of mitting the Department’s final rule — Air- 2004-15-20] (RIN: 2120-AA64) received Sep- Virginia, Mr. OXLEY, Mr. DREIER, Mr. worthiness Directives; Airbus Model A310 Se- tember 22, 2004, pursuant to 5 U.S.C. COX, Mr. THOMAS, Mr. NUSSLE, Mr. ries Airplanes [Docket No. 2002-NM-344-AD; 801(a)(1)(A); to the Committee on Transpor- BOEHNER, and Mr. SMITH of New Jer- Amendment 39-13750; AD 2004-15-16] (RIN: tation and Infrastructure. 9781. A letter from the Program Analyst, sey): 2120-AA64) received September 22, 2004, pur- H.R. 10. A bill to provide for reform of the FAA, Department of Transportation, trans- suant to 5 U.S.C. 801(a)(1)(A); to the Com- intelligence community, terrorism preven- mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- tion and prosecution, border security, and worthiness Directives; Air Tractor, Inc. Mod- ture. international cooperation and coordination, 9773. A letter from the Program Analyst, els AT-401, AT-401B, AT-402, AT402A, AT- and for other purposes. FAA, Department of Transportation, trans- 402B, AT-501, AT-502, AT-502A, AT-502B, AT- By Mr. WAXMAN (for himself, Mr. mitting the Department’s final rule — Air- 503A, AT-602, AT-802, and AT-802A Airplanes LEWIS of California, Ms. LINDA T. worthiness Directives; BAE Systems (Oper- [Docket No. 2004-CE-05-AD; Amendment 39- SANCHEZ of California, Mr. LANTOS, ations)Limited (Jetstream) Model 4101 Air- 13749; AD 2004-15-15] (RIN: 2120-AA64) received and Ms. WATSON): planes [DOcket No. 2001-NM-270-AD; Amend- September 22, 2004, pursuant to 5 U.S.C. H.R. 5147. A bill to designate the facility of ment 39-13740; AD 2004-15-06] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Transpor- the United States Postal Service located at received September 22, 2004, pursuant to 5 tation and Infrastructure. 23055 Sherman Way in West Hills, California, U.S.C. 801(a)(1)(A); to the Committee on 9782. A letter from the Program Analyst, as the ‘‘Evan Asa Ashcraft Post Office Build- Transportation and Infrastructure. FAA, Department of Transportation, trans- ing’’; to the Committee on Government Re- 9774. A letter from the Program Analyst, mitting the Department’s final rule — Air- form. FAA, Department of Transportation, trans- worthiness Directives; Bombardier Model By Mrs. MILLER of Michigan (for her- mitting the Department’s final rule — Air- DHC-8-101, -102, -103, -106, -201, -202, -301, -311, self, Mr. TOM DAVIS of Virginia, Mr. worthiness Directives; Fokker Model F.28 and -315 Airplanes [Docket No. 2003-NM-285- SHAYS, and Mr. CARTER): Mark 0070 and 0100 Series Airplanes [Docket AD; Amendment 39-13743; AD 2004-15-09] (RIN: H.R. 5148. A bill to provide improved secu- No. 2002-NM-280-AD; Amendment 39-13742; AD 2120-AA64) received September 22, 2004, pur- rity for driver licenses and State identity 2004-15-08] (RIN: 2120-AA64) received Sep- suant to 5 U.S.C. 801(a)(1)(A); to the Com- documents; to the Committee on Govern- tember 22, 2004, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- ment Reform, and in addition to the Com- 801(a)(1)(A); to the Committee on Transpor- ture. mittee on the Judiciary, for a period to be tation and Infrastructure. 9783. A letter from the Program Analyst, subsequently determined by the Speaker, in 9775. A letter from the Program Analyst, FAA, Department of Transportation, trans- each case for consideration of such provi- FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- sions as fall within the jurisdiction of the mitting the Department’s final rule — Air- worthiness Directives; Airbus Model A310 Se- committee concerned. worthiness Directives; McDonnell Douglas ries Airplanes [Docket No. 2003-NM-279-AD; By Mr. HERGER: Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC- Amendment 39-13741; AD 2004-15-07] (RIN: H.R. 5149. A bill to reauthorize the Tem- 9-83 (MD-83), DC-9-87 (MD-87), and Model MD- 2120-AA64) received September 22, 2004, pur- porary Assistance for Needy Families block 88 Airplanes [Docket No. 2002-NM-215-AD; suant to 5 U.S.C. 801(a)(1)(A); to the Com- grant program through March 31, 2005, and Amendment 39-13747; AD 2004-15-13] (RIN: mittee on Transportation and Infrastruc- for other purposes; to the Committee on 2120-AA64) received September 22, 2004, pur- ture. Ways and Means, and in addition to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 9784. A letter from the Assistant Secretary mittee on Energy and Commerce, for a pe- mittee on Transportation and Infrastruc- for Legislative Affairs, Department of State, riod to be subsequently determined by the ture. transmitting notice of the completion of ne- Speaker, in each case for consideration of 9776. A letter from the Program Analyst, gotiations and signed subsidiary agreements such provisions as fall within the jurisdic- FAA, Department of Transportation, trans- to the amended Compacts of Free Associa- tion of the committee concerned. mitting the Department’s final rule — Air- tion with the Republic of the Marshall Is- By Mr. SHAYS (for himself and Mrs. worthiness Directives; Airbus Model A330- lands (RMI) and the Federated States of Mi- MALONEY): 202, -203, -223, and -243 Airplanes, and A330-300 cronesia (FSM) with regard to the future H.R. 5150. A bill to reform the intelligence Series AIrplanes [Docket No. 2003-NM-272- United States provision of disaster assist- community and the intelligence and intel- AD; Amendment 39-13746; AD 2004-15-12] (RIN: ance, pursuant to Public Law 108—188, sec- ligence-related activities of the United

VerDate Aug 04 2004 23:53 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\L24SE7.000 H24PT1 H7580 CONGRESSIONAL RECORD — HOUSE September 24, 2004 States Government, and for other purposes; 1968 to expand the definition of firefighter to McIntosh Slaughter, Julia Carson, Jim to the Committee on Intelligence (Perma- include apprentices and trainees, regardless McDermott, Susan A. Davis, Danny K. Davis, nent Select). of age or duty limitations; to the Committee Jane Harman, James R. Langevin, Lois f on the Judiciary. Capps, Grace F. Napolitano, Joe Baca, Ted f Strickland, Carolyn B. Maloney, Tim Ryan, MEMORIALS Ken Lucas, Janice D. Schakowsky, Ben Under clause 3 of rule XII, memorials ADDITIONAL SPONSORS Chandler, Stephanie Tubbs Jones, Sherrod were presented and referred as follows: Under clause 7 of rule XII, sponsors Brown, Lynn C. Woolsey, Nick J. Rahall II, 426. The SPEAKER presented a memorial were added to public bills and resolu- Betty McCollum, Martin T. Meehan, Thomas of the House of Representatives of the Com- tions as follows: H. Allen, Donald M. Payne, Nydia M. Vela´ zquez, Timothy H. Bishop, James P. monwealth of Pennsylvania, relative to H.R. 935: Mr. CROWLEY. McGovern, John Conyers, Jr., Henry A. Wax- House Resolution No. 770 memorializing the H.R. 1214: Mr. OLVER. United States Department of Agriculture to H.R. 3558: Mr. GOODLATTE. man, Wm. Lacy Clay, John F. Tierney, Rob- reconsider its recent policy change relating H.R. 3859: Mrs. LOWEY. ert Wexler, Peter A. DeFazio, Rush D. Holt, to Pennsylvania’a Nutrition Education Pro- H.R. 4026: Mr. MORAN of Virginia. John B. Larson, Artur Davis, Charles A. Gon- gram (PA NEP); to the Committee on Agri- H.R. 4399: Mrs. MALONEY and Mr. CROWLEY. zalez, G. K. Butterfield, Linda T. Sa´ nchez, culture. H.R. 4595: Mrs. NAPOLITANO. Sheila Jackson-Lee, Melvin L. Watt, Elijah 427. Also,a memorial of the House of Rep- H.R. 4610: Mr. GRAVES. E. Cummings, Rick Larsen, Michael M. resentatives of the Commonwealth of Penn- H.R. 4653: Mr. PAUL. Honda, Richard A. Gephardt, Xavier Becerra, sylvania, relative to House Resolution No. H.R. 4956: Mr. HOEFFEL and Mr. OWENS. William D. Delahunt, Rahm Emanuel, Mi- 829 memorializing the Congress of the United H.R. 5124: Mr. RENZI. chael H. Michaud, Carolyn McCarthy, Martin States to award the Congressional Medal of H.R. 5135: Mr. CASE and Mr. BLUNT. Olav Sabo, Nancy Pelosi, Denise L. Majette, Honor to Major Richard D. Winters; to the H. Res. 768: Ms. MCCOLLUM, Mr. KIRK, Mr. Barney Frank, Stephanie Herseth, David E. Committee on Armed Services. BURTON of Indiana, Ms. MILLENDER-MCDON- Price, Zoe Lofgren, Bart Stupak, Bob 428. Also,a memorial of the Legislature of ALD, Mr. WELLER, Mr. BALLENGER, Mr. KING Etheridge, Ciro D. Rodriguez, Jerrold Nadler, the State of California, relative to Senate of New York, Mr. MEEHAN, and Mr. MCGOV- Dennis J. Kucinich, Robert A. Brady, Vic Joint Resolution No. 20 memorializing the ERN. Snyder, Patrick J. Kennedy, Jim Matheson, Congress of the United States to disapprove Mike Ross, Adam B. Schiff, Steve Israel, Bob the rule submitted by the Office of the f Filner, Carolyn C. Kilpatrick, Mike Thomp- Comptroller of the Currency relating to bank DISCHARGE PETITIONS son, Darlene Hooley, Steven R. Rothman, activities and regulations published at 69 Steny H. Hoyer, Ed Case, Shelley Berkley, Federal Register 1895 (January 13, 2004), so Under clause 2 of rule XV, the fol- ´ the rule will have no force or effect, and if lowing discharge petition was filed: Nick Lampson, Ruben Hinojosa, Ron Kind, necessary, consider legislation that will pre- Petition 11. September 21, 2004, by Ms. Maxine Waters, Tom Lantos, Gregory W. vent the unilateral expansion of jurisdiction LEE, on House Resolution 748, was signed by Meeks, Gene Green, Silvestre Reyes, Lane over financial institutions by federal regu- the following Members: Ms. Barbara Lee, Evans, Edward J. Markey, Michael F. Doyle, lators without the specific endorsement of Bernard Sanders, Michael E. Capuano, Ste- James E. Clyburn, Chris Van Hollen, John the elected representatives of the United phen F. Lynch, Alcee L. Hastings, Kendrick Lewis, Charles B. Rangel, Edolphus Towns, States Congress; to the Committee on Finan- B. Meek, John W. Olver, Michael R. McNul- Robert C. Scott, James L. Oberstar, Jim cial Services. ty, Anna G. Eshoo, Dale E. Kildee, Diana Cooper, Frank Pallone, Jr., Joseph M. 429. Also,a memorial of the House of Rep- DeGette, Leonard L. Boswell, Chris Bell, Hoeffel, Bobby L. Rush, Juanita Millender- resentatives of the Commonwealth of Penn- Brad Sherman, Eddie Bernice Johnson, Rosa McDonald, Major R. Owens, Corrine Brown, sylvania, relative to House Resolution No. L. DeLauro, Bill Pascrell, Jr., Hilda L. Solis, Lloyd Doggett, Jesse L. Jackson, Jr., Marcy 822 memorializing the President and Con- Ellen O. Tauscher, Rau´ l M. Grijalva, Karen Kaptur, Robert E. Andrews, Howard L. Ber- gress of the United States to amend the Om- McCarthy, David Scott, Tammy Baldwin, Al- man, Mike McIntyre, John D. Dingell, Mar- nibus Crime Control and Safe Streets Act of bert Russell Wynn, Diane E. Watson, Louise tin Frost.

VerDate Aug 04 2004 23:53 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\L24SE7.100 H24PT1 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, FRIDAY, SEPTEMBER 24, 2004 No. 117 Senate The Senate met at 10:04 a.m. and was The assistant clerk read the fol- MORNING BUSINESS called to order by the Honorable GOR- lowing letter: The ACTING PRESIDENT pro tem- DON H. SMITH, a Senator from the State U.S. SENATE, pore. Under the previous order, there of Oregon. PRESIDENT PRO TEMPORE, will now be a period for the transaction Washington, DC, September 24, 2004. of morning business, with Senators PRAYER To the Senate: Under the provisions of rule I, paragraph 3, permitted to speak for up to 10 minutes The Chaplain, Dr. Barry C. Black, of- of the Standing Rules of the Senate, I hereby each. fered the following prayer: appoint the Honorable GORDON H. SMITH, a f Let us pray. Senator from the State of Oregon, to per- O God our shield, the giver of victory form the duties of the Chair. RECOGNITION OF THE ACTING and honor, shine on us with Your kind- TED STEVENS, MINORITY LEADER President pro tempore. ness and bring us the rich harvest of The ACTING PRESIDENT pro tem- joy. Lord, through many dangers You Mr. SMITH thereupon assumed the Chair as Acting President pro tempore. pore. The assistant Democratic leader have brought us and we would not be is recognized. guilty of ingratitude. Thank You for f f the catastrophes that haven’t hap- RECOGNITION OF THE ACTING pened, for the unseen angels who have MAJORITY LEADER ORDER OF PROCEDURE guarded our land and those we love. The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, we have Help us to remember that all efforts to pore. The assistant majority leader is two Senators on our side who wish to defend ourselves will fail without Your recognized. speak: Senator WYDEN for 10 minutes sovereign will and loving providence. and Senator DORGAN. On behalf of Sen- May we not place our trust only in our f ator DORGAN, I ask unanimous consent ingenuity and courage, but instead SCHEDULE that he be allowed to speak for up to 40 lean on You, the Lord our God. Mr. MCCONNELL. Mr. President, this minutes. Today guide us with Your gentle morning, the Senate will be in a period The ACTING PRESIDENT pro tem- spirit and lead us to right paths. Bless for morning business to accommodate pore. Without objection, it is so or- our lawmakers. May they trust You several Members who have statements dered. completely and permit You to clear the to make. I do not anticipate a long ses- Mr. MCCONNELL. Mr. President, we road ahead. Train them in Your school sion today, and once we complete our have at least one Senator who would of humility so they will walk safely business, we will adjourn until Mon- like to speak on this side who should and never stumble. Give them the wis- day. As we announced last night, no be here shortly. dom to obey Your teachings so they rollcall votes will occur during today’s I suggest the absence of a quorum. will live long and prosper. session of the Senate. The ACTING PRESIDENT pro tem- We pray this in Your Holy Name. As a reminder to Senators, on Mon- pore. The clerk will call the roll. Amen. day we will begin consideration of the The assistant legislative clerk pro- intelligence reform bill. No rollcall f ceeded to call the roll. votes will occur on Monday. However, Mr. DORGAN. Mr. President, I ask PLEDGE OF ALLEGIANCE we anticipate that amendments will be unanimous consent the order for the The Honorable GORDON H. SMITH led offered and debated during Monday’s quorum call be rescinded. the Pledge of Allegiance, as follows: session. Any votes ordered with respect The PRESIDING OFFICER (Mrs. I pledge allegiance to the Flag of the to those amendments will occur Tues- DOLE). Without objection, it is so or- United States of America, and to the Repub- day morning. Therefore, Senators can dered. lic for which it stands, one nation under God, expect the next vote or votes to occur indivisible, with liberty and justice for all. sometime Tuesday morning. As always, f f we will notify our colleagues as any TRADE votes are ordered. APPOINTMENT OF ACTING Mr. DORGAN. Mr. President, I was f PRESIDENT PRO TEMPORE intending to speak earlier this week on The PRESIDING OFFICER. The RESERVATION OF LEADER TIME the subject of trade, but because of the clerk will please read a communication The ACTING PRESIDENT pro tem- Senate schedule I decided to wait until to the Senate from the President pro pore. Under the previous order, the today, when we don’t have Senate busi- tempore (Mr. STEVENS). leadership time is reserved. ness that would require votes.

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

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VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.000 S24PT1 S9658 CONGRESSIONAL RECORD — SENATE September 24, 2004 Before I get to the subject of trade, I itself. Iraq has the second largest re- American jobs overseas. The title of his first want to mention that this morn- serves of oil in the world. It is perfectly book is ‘‘Exporting America: Why Cor- ing in the Congressional Daily, there is capable, especially with oil prices porate Greed is Shipping American a lead story that says: where they are. Iraq is now pumping Jobs Overseas.’’ Growing GOP resistance might doom farm slightly less than 3 million barrels a Lou Dobbs has been vilified for writ- money in homeland funding bill. day—about 2.5 million. But they clear- ing this book. But it is a rare and won- It says here that House Republican leaders ly have the capability to pump oil and derful book. I am not in the business of are digging in against a package of drought sell the oil and raise the money to re- selling anybody’s books, but to those assistance that Senators added to the Home- construct themselves. who are interested in this issue of what land Security appropriations bill. Instead, what we have is a roads pro- is happening to American jobs, who are The House Republican leaders say gram in Iraq paid for by the American interested in what is happening with that the drought amendment doesn’t people; we have an education program our trade strategy, this is a good book have a head of steam. in Iraq paid for by American taxpayers; to read. I am wondering how is it these lead- we have a jobs program in Iraq paid for We have lost nearly 2 million private ers seem to think that spending is very by American taxpayers; we have a sector jobs in this President’s term, a important when it comes to funding health care program for Iraq paid for fair amount of it to outsourcing. The the reconstruction of Iraq—which ran by American taxpayers. You name it, outsourcing issue is one we need to ex- through here like a big old truck in We have all of these programs in Iraq plore in some depth. fifth gear—but when it comes to spend- paid for by us, the American taxpayers. I offered an amendment on the Sen- ing here at home to help people, in this The supporters of that bill were rush- ate floor not long ago. It says, let us case helping family farmers through a ing to get that through the Congress eliminate out of our tax system incen- real tough time, they say we don’t and couldn’t get it through quickly tives for American companies to shift know that we can do that. They are enough. their jobs overseas. If companies decide going to dig in our heels. Now when some folks in this country to ship jobs overseas, we ought not give The Senate passed disaster relief for are hurting and we pass a disaster re- them a tax break. That makes no sense farmers. We also supported disaster re- lief bill to say, you are not alone, we at all. lief for the victims of hurricanes. I want to give you some help, we have Now, on page 19 of this book, Mr. have never in all the time I have been the GOP leaders in the House saying, Dobbs writes: in Congress opposed disaster relief for you can’t do that. Why not? That is in- . . . American multinational companies that those who have been victims. It seems vesting here at home, at least. You are outsourcing and offshoring are also es- to me, whether it is the fury of a hurri- were so quick to rush $20 billion to Iraq sentially firing their customers. India can cane that hits your area or drought or to reconstruct Iraq; how about return- provide our software; China can provide our some other act of nature or God, when toys; Sri Lanka can make our clothes; Japan ing some money to help those family can make our cars. But at some point we people are victimized, the rest of this farmers who have suffered weather-re- country will extend its hands and say, have to ask, what will we export? At what lated disasters? will the Americans work? And for what kind you are not alone, we want to help. This isn’t over. There is going to be a of wages? No one I’ve asked in government, And we have always done that. big fight. If that is the attitude of academia, or even the private sector has For those poor folks in Florida and other side, we are going to have a big been answering those questions. the rest of the Southeast who have fight about this because we owe it to On page 31, Mr. Dobbs says: been hit by hurricane after hurricane, those producers across the country who Big business is saying that all we need to we have a responsibility to help them live on the land, who go to the fields in do to become the most competitive nation on and we did and we will. We will do the morning alone to plow with noth- Earth is to cut wages, throw out our environ- more. But it is also the case, for exam- ing but hope that somehow things will mental, worker safety, investor protection, ple in my State, where torrential rains work out. When they have weather-re- product liability, and consumer laws, and meant that 1.7 million acres of ground lated disasters, they too need some eliminate corporate tax obligations alto- gether—and while we’re at it, let’s repeal couldn’t even be planted and family help. They too deserve our help. So this farmers who rely on that planting to those unfriendly antitrust laws. There’s no is going to be a big fight. doubt the result would be sharply lower make a living will lose their oppor- We are not going to sit idly by and wages and higher profits, but the result tunity and perhaps lose their farm if have GOP leaders in the House say that would also be a plummeting standard of liv- they don’t get help. In August there this isn’t going to happen. It is going ing and the shattering of the American was a freeze, and that freeze dramati- to happen one way or the other. We are dream. cally injured crops. And there was a going to make this happen. If we can For writing a book that expresses a drought in the southeast part of my spend nearly $20 billion on reconstruc- radical thought that we ought to be State, where between January and tion in Iraq, this country can surely standing up for American jobs and try July they received 2.2 inches of mois- open up its pocketbook and provide to find ways to stop shipping American ture in 6 months, and they too need some much needed help for family jobs overseas, Mr. Dobbs has been wild- some hope. farmers in a significant part of this ly vilified. So when we pass disaster assistance, country who have suffered weather-re- The executive director of the Busi- whether it is for the hurricane victims lated disasters. That is a fact. ness Roundtable says this of Mr. Dobbs: or for those in agricultural areas that f It’s as if whatever made Linda Blair’s head suffer weather-related disasters, and spin around in The Exorcist had invaded the then we hear that there is opposition INTERNATIONAL TRADE body of Lou Dobbs and left him with the to this by the GOP in the House of Rep- Mr. DORGAN. Mr. President, I want- brain of Dennis Kucinich. resentatives, I ask myself this: Why is ed to come to the Senate floor to speak That’s from John Castellani, execu- it that they are so anxious to help ev- about international trade, a subject tive director of the Business Round- erybody except the people in this coun- about which I’ve spoken many times table. It is such a colorful quote. But it try? before. isn’t even original. Daniel Henninger of I offered an amendment last year on I have just finished reading a book by the Wall Street Journal had written the floor of the Senate to strip about Lou Dobbs. It is a quite remarkable those same words about Lou Dobbs just $20 billion out of the bill for Iraq recon- book. And I wanted to share some of its 2 months earlier. struction which the President sent to observations with my colleagues. Let me share a few other of Mr. us. That was the single largest cut in At the outset, let me say that Lou Dobbs’ observations. One of the points spending proposed on the floor of the Dobbs describes himself in this book as he makes, which I have also made on U.S. Senate last year. Why did I offer a lifelong Republican. This issue of the floor of the Senate often, is that that amendment? Because the Presi- trade is not the ideas of one political the actual rules of trade are now being dent said, let’s spend this money for re- party or the other; the book is about a set by corporations. They have no alle- constructing Iraq, when, in fact, Iraq failed trade strategy which undermines giance to nations, much less individual has plenty of money to reconstruct the strength of this country by shifting communities or towns. They certainly

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.004 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9659 have no allegiance to government. And Massachusetts General Hospital had Well, after many of us raised some the corporations set the rules of trade. a firestorm on its hands when it was real questions about this, including Mr. Dobbs says: learned that the hospital was sending x Lou Dobbs, the White House spokes- Corporations have overwhelmed govern- rays and MRIs to India for examina- man, Scott McClellan said: ments in the borderless global economy. And tion, even though it is illegal for tech- We certainly don’t want to do anything corporate logos in many cases have more nicians in India to diagnose U.S. pa- that would undermine free trade. powerful symbolic importance than national tients. And even though Medicare does Mr. Dobbs concludes: I believe this is flags. In part, that’s because more than half of the largest 100 economies in the entire not pay for work done outside the a declaration of Government policy world are corporations. United States, hospitals have found a with respect to outsourcing. Mr. Dobbs in his book used figures way around that. They just have an So this is what is happening in the from the year 2000 to come up with his American doctor do a cursory review of private sector with respect to the conclusions. At the time, Wal-Mart was the work and then sign off on it. outsourcing of jobs. The Wall Street Journal ran a fea- equivalent to the 25th largest economy This again is from Lou Dobbs’s book. ture article that I read some while ago in the world. I have actually looked at Recently, we had a statement by Mr. that was interesting to me. It was an the figures from 2003. What you see is Greg Mankiw, who is the head of do- that Wal-Mart, when you compare mestic policy, the top economist in the article on IBM’s outsourcing practices. countries and corporations by size, is Bush administration, that caused a It described internal company memos number 20 in the world. Wal-Mart is great deal of consternation. He said which described a strategy to system- bigger than Austria, Indonesia, Sri that this administration supports atically outsource American jobs over- Lanka, Saudi Arabia, Pakistan, Tur- outsourcing. seas. This is from an IBM memo. It says: key, Denmark, and Poland, to name a Lou Dobbs, I think correctly, points ‘‘Do not be transparent regarding the few. But, then, the list of top 100 econo- out in his book that both Democratic purpose/intent’’ and cautions that the mies also includes ExxonMobil, so is and Republican administrations have ‘‘Terms ‘On-shore’ and ‘Off-shore’ General Motors, Royal Dutch/Shell, done very little to address these issues should never be used.’’ The company Ford Motor, DaimlerChrysler, and doz- and, in fact, in many cases have made expects to shift about 3,000 jobs from ens of other corporations. them worse. So this is not about one On page 40 of his book, Lou Dobbs party or the other. Neither political the U.S. overseas. So they advise man- says this: party, in my judgment, has developed a agers on how to communicate the news to the affected employees. The memo We might begin by reminding our business set of policies that would address this. says that anything written to employ- leaders and politicians that Americans want I think both political parties have ees should first be ‘‘sanitized’’ by to be regarded as citizens, not just con- largely been silent on this issue or human resources and communications sumers, and that they need to see this coun- have done things that have made this try of ours first as a nation, not [just] a mar- staffers. ketplace. problem worse. The plan IBM had, according to the But the current administration has It seems to me it is a good starting Wall Street Journal, would move jobs said that outsourcing is really a good point for this discussion. There is so from U.S. locations, including Con- policy. In February, the Los Angeles much effort these days to outsource al- necticut, New York, North Carolina, Times reported that the administra- most everything, not understanding and Colorado. It would transfer them tion, the White House, was endorsing that it begins to diminish and erode to India, to China, and to Brazil. It outsourcing. the basic economic strength of our says: This is what Lou Dobbs had to say country. Some of the foreign programmers will about Mr. Mankiw. He said: Forty state governments are now come to the U.S. for several weeks of on-the- outsourcing what were American jobs. A number of people on Capitol Hill thought job training by the people whose jobs they Mankiw should have resigned, but I dis- will take over. Again, this is from Mr. Dobbs’s book. agreed. On my broadcast . . . I called for the The state of Indiana’s Department of That’s an aspect of offshoring that President to fire him. Not merely because I many high-tech workers regard as par- Workforce Development is responsible for obviously disagreed with him, but because helping out of work Indiana citizens find Mankiw’s statement raised the administra- ticularly humiliating. jobs. Ironically, the department awarded a tion’s support of overseas outsourcing to a So this internal memo directs man- $15 million contract to update its computers declaration of government policy. agers to say this to workers about to to a firm in Bombay, India. The project To drive home the point, Mr. lose their jobs: would have provided employment to sixty- This action is a statement about the rate five workers coming from India on L–1 visas. Mankiw, the chairman of the Presi- dent’s Council of Economic Advisers, and pace of change in this demanding indus- Why would they do that? Because of try. . . . It is in no way a comment on the the millions of dollars it would save. told reporters that the President plain- excellent work you have done over the years. But I expect the taxpayers of Indiana ly supported shifting jobs overseas, So see you later. We are going to would have preferred their tax dollars provided those jobs could be done more move your job to India or China or be used to help those who are out of cheaply overseas. This is what Mr. Brazil. Thank you. You have done ex- work in Indiana. Mankiw said to reporters: cellent work. The fact that you have Again, this is quoting Lou Dobbs: Outsourcing is just a new way of doing lost your job is in no way a comment Only after a loud public outcry did the gov- international trade. on the excellent work you have done. ernor of Indiana cancel the contract. More things are tradable than were Now, what are our trade officials A recent survey found that 40 States tradable in the past. And that’s a good thing. Maybe we will outsource a few radiolo- doing about this? I will tell you what— plus the District of Columbia have food gists. What does that mean? Well, maybe the they are trying to facilitate even more stamp help desks that use operators in next generation of doctors will train fewer outsourcing, by enabling corporations foreign countries. radiologists and will train more general to use even cheaper overseas labor. In January of 2004, the Times of India practitioners or surgeons. . . . Maybe we Let me review some of the trade ran a story with this headline: ‘‘Silicon have learned that we don’t have a compara- agreements we have been doing re- Valley Falls to Bangalore.’’ It says: tive advantage in radiologists. cently. Let me talk about CAFTA, the BANGALORE: The inevitable has hap- And the President’s report said this Central American Free Trade Agree- pened. Bangalore, which grew under the about outsourcing: ment. This would integrate our econ- shadow of America’s Silicon Valley over the last two decades, has finally overtaken its One facet of increased services trade is the omy with that of El Salvador, among parent. increased use of offshore outsourcing in others. Today, Bangalore stands ahead of Bay which a company relocates labor-intensive This is from a recent news story, de- Area, San Francisco and California, with a service industry functions to another coun- scribing how El Salvador is scarred by lead of 20,000 techies, while employing a try. child labor. Subsistence work in sugar- total number of 150,000 engineers. In fact, the President’s report says cane fields leads to injuries, continuing Service jobs are being exported from when it comes to trade, white-collar poverty. this country. It is true in almost every jobs should be no different from manu- Jesus Franco, 14 years of age, has scars single area. facturing jobs. crisscrossing his legs from his ankles to his

VerDate Aug 04 2004 01:01 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.006 S24PT1 S9660 CONGRESSIONAL RECORD — SENATE September 24, 2004 thighs and more on his small hands. For The list goes on and on. Fig Newton to compete against companies that more than half of his young life, he has spent cookies. That is an all-American cook- work a young girl to death, that put a long days cutting sugarcane. He has the ma- ie. Every kid grew up with a Fig New- young boy in a cane field with scars on chete scars to prove it, and so do his four sis- ters, age 9 to 19. His story is repeated count- ton cookie someplace on the shelf. But his legs and arms, or put a young child less times across Latin America, where chil- Fig Newton cookies are now made in in a factory making carpets? Is that dren even younger than he are found work- Mexico. So when someone says to you, what we want to ask our economy to ing in cane fields at subsistence wages, $75 a let’s have some Mexican food, you can do? Clearly that is importing low month, which isn’t even enough to pay for say: How about Fig Newtons. They left wages to this country. It is not just ex- basic food needs. the United States. The people who porting American jobs, it is importing So we are now going to integrate our made them are out of jobs. low wages. economies with those of El Salvador, The list goes on and on and on. The I want to turn for a moment to a Guatemala, Honduras, and Costa Rica question is, Where will it end and when Nobel prize-winning economist named in a Central America Free Trade will it end? Should American workers Paul Samuelson. I studied Samuelson Agreement and set up our sugar pro- be asked to compete with a 14-year-old in college. ducers for failure. That is what this is working in a sugar field for subsistence Samuelson wrote the textbook on ec- about, among other things. wages? Should American workers in a onomics. If you went to college in the Let me tell you about some kids who textile plant be asked to compete with last 30, 40 years, you studied Samuel- came to a hearing we had, who were a 9-year-old kid who has gun powder son. Professor Paul Samuelson is now working in a factory overseas pro- burns on his or her fingertips to spare 89 years old. ducing rugs. These were kids who were them the pain of the stabbing of nee- I have such respect for this man, locked in the factories, young kids 10, dles when they make the carpets? Paul Samuelson. He has, just this 11, 12 years old, producing carpets and Should an American worker be asked month, started weighing in, at age 89, rugs. We discovered that some of them to compete with someone who makes 33 on the issue of outsourcing. had gun powder put on the tips of their cents an hour working in a plant in He has always been a free trader, a fingers, and then it was lit so that it China making bicycles or Radio Flyer believer in Ricardo and the doctrine of would burn the tips of their fingers and little red wagons? comparative advantage, and Adam create big scars on all their fingertips. Let me describe the plight of a young Smith. You know, the common sense They did that so that when these woman in China and describe the cir- notion that if you can produce the tex- young kids were sewing with needles, cumstances under which we are asked tiles in England—the sheep and the when they stuck their fingers, it to compete these days by those who wool and the textiles—and you can wouldn’t hurt because they had been want to find the lowest wages available raise the grapes in Portugal to produce scarred by the burns. Young kids with on the face of the Earth and fatten the wine, it makes good sense for Eng- scarred fingers using needles to profits, even while they diminish the land to trade the textiles for the wine, produce carpets to be sent to our standard of living. This is a story from and the English can drink and the Por- stores. Free trade? Hardly. the Washington Post. It is entitled tuguese can wear wool. That is the Let me give some other examples. I ‘‘Worked Till They Drop. Few Protec- trade we have all learned in text- have spoken often about Huffy bicy- tions for China’s New Laborers.’’ books—classic economics, the doctrine cles. They were made in Ohio, manu- This picture is of a girl named Li of comparative advantage. factured in a plant by people who made Chunmei. The New York Times reports, how- $11 an hour and were proud of their It reads: ever, that Paul Samuelson is rethink- jobs. Huffy bicycles were 20 percent of On the night she died, Li Chunmei must ing the effects of outsourcing. the American marketplace for bicycles. have been exhausted. At 89, Paul Samuelson, the Nobel Prize- They were sold in Sears and Wal-Mart Co-workers said she had been on her feet winning economist and professor emeritus at and K-Mart. Huffy bicycles had a decal for nearly 16 hours, running back and forth MIT, still seems to have plenty of intellec- on the front of the American flag. in the Bainan Toy Factory, carrying toy tual edge and the ability to antagonize and Well, Huffy bicycles aren’t made in parts from machine to machine. This was the amuse. His dissent from mainstream eco- the United States anymore. They are busy season before Christmas when orders nomic consensus about outsourcing and peaked from Japan and the United States for globalization will appear later this month in made in China. They closed the plant, the factory’s stuffed animals. a distinguished journal, cloaked in clever fired the workers, and said: $11 an hour Long hours were mandatory, and at least phrases and theoretical equations, but clear- is too much for workers in Ohio who two months had passed since Li and the ly aimed at the orthodoxy in his profession. make bicycles. We will make them in other workers had enjoyed even a Sunday I will give you a couple quotes: China. And, by the way, the last job off. Lying on her bed that night, staring at the Being able to purchase groceries 20 percent was to take the flag decal off the bike cheaper at Wal-Mart does not necessarily and replace it with a decal of a globe. bunk above her, the slight 19-year-old com- plained she felt washed out. The factory food make up for the wage losses. Now Huffy bicycles, if you buy them, was so bad, she said, she felt as if she had not If you don’t believe that outsourcing are made in China, made by people who eaten at all. ‘‘I want to quit,’’ one of her changes the average wages in America, then work for 33 cents an hour. They work roommates . . . remembered her saying. ‘‘I you believe in the tooth fairy. 12 to 14 hours a day, 7 days a week. want to go home.’’ That is Paul Samuelson, speaking Should we compete with that? Can we Her roommates had already fallen asleep today. compete with that, with kids and oth- when Li started coughing up blood. They The fact is, when we talk about the ers making 33 cents an hour? Huffy bi- found her in the bathroom a few hours later, issue of trade and fair trade, for some cycles are gone. The people in Ohio curled up on the floor, moaning softly in the reason, we have just lost common dark, bleeding from her nose and mouth. who made them were fired. And Chi- Someone called an ambulance, but she died sense. nese workers now work 7 days a week before it arrived. Let me describe our trade with Korea at 33 cents an hour to make Huffy bicy- The exact cause of her death remains un- in the area of automobiles. In 2003, we cles. known. But what happened to her last No- imported from Korea 692,000 cars. Another American company that vember in this industrial town in south- Guess how many American cars we sold moved its production overseas is Radio eastern Guangdong Province is described by in Korea? We sold 3,800. I will say that Flyer. They made the little red wag- family, friends, and co-workers as an exam- again. Ships brought Korean cars here, ons. Everybody has ridden in a little ple of what China’s more daring newspapers nearly 700,000 of them, and we were call . . . ‘‘over-work death.’’ red wagon. It was American for 100 The story of her death highlights labor able to sell not quite 4,000 cars in years. This is pure Americana, except conditions that are the norm for a new gen- Korea. Why is that? Is it because we Radio Flyer is not made here any eration of workers in China, tens of millions produce a dramatically inferior car? longer. After 100 years, the jobs of the of migrants who flock from the nation’s im- No. The Koreans want access to our American people who made the little poverished countryside to its prospering marketplace. They want to sell to the red wagon are gone. The workers were coast. American consumer, but they don’t fired. The jobs moved to China for low The question for this country is, Do want American vehicles in Korea. They labor costs. we want to ask the American consumer just don’t.

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.009 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9661 We sit around thumbing our sus- verse tax incentives that reward com- war in Iraq if President Bush was re- penders and smoking cigars and pon- panies that export U.S. jobs. If we can- elected. This statement followed on a tificating about free trade, never will- not take the first baby step in the charge last week that the President ing to say to the Koreans: If you want right direction, it is a pretty hopeless was planning a surprise postelection to trade with us, I will tell you what, situation. callup of additional Guard and Reserve then be fair. If our market is open to We will have an opportunity to ad- troops. you, your market must be open to us. dress these issues next year. I hope Re- I asked the Secretary of Defense, If not, sell your cars in Zambia. Go try publicans and Democrats today will de- Secretary Rumsfeld, for the record: Are to sell them there. You don’t sell them cide in unison that exporting these jobs there any plans for a postelection call- in the American marketplace unless hurts this country, and there are poli- up of additional Guard and Reserve your market is open to our product. cies and approaches we can do to troops, and is there any truth to this How about China? It is interesting. change the fortune of this country’s rumor that the President plans to rein- We did a bilateral trade agreement economic future. state the draft? with China. I would love to find the ne- Madam President, I yield the floor. He gave a very spirited response, but gotiator who made that deal for us. The PRESIDING OFFICER. The Sen- the bottom line is he said: That is non- Here is what our negotiator agreed ator from Texas. sense. It is not true. It is false. to. After a phase-in, the Chinese will Mr. CORNYN. Madam President, I I guess if he could find other ways to impose a 25-percent tariff on American ask unanimous consent that I be al- try to get that message through, he cars that would be sold in China. And lowed to speak in morning business for would do that. I cannot remember if it we will only have a 2.5-percent tariff on so much time as I may consume. was Mark Twain who said rumor Chinese cars they want to sell in the The PRESIDING OFFICER. Without makes it halfway around the world United States. The Chinese can have a objection, it is so ordered. while the truth is still putting on its tariff 10 times the size of ours on recip- f shoes, or something to that effect. It is in that vein that I come to the floor of rocal automobile trade. IRAQ I think that is stark raving nuts. the Senate to talk about Iraq. Who on Earth could have negotiated Mr. CORNYN. Madam President, I Let me start by sharing the results of such an incompetent deal? Do we not want to talk a little bit about the war a recent nationwide poll of the Iraqi have people who will stand up for the in Iraq and what I consider to be a people conducted by the Independent interests of this country for a change? larger problem confronting this Na- Institute for Administrative and Civil Here is what I suggest for that trade tion, indeed, confronting the American Society Studies. I refer to this poll be- negotiator. That trade negotiator people, particularly during an election cause, of course, like the distinguished should have worn this shirt during the year. It is really a challenge we all Presiding Officer, I am sure she has ex- negotiations. have, and that is how, in a country perienced troops who have been in Iraq You know we just finished the Olym- that is founded on the legitimacy of and come back to the United States, pics. We asked the Olympic athletes to our laws, being founded on consent of who read the newspaper accounts, wear a uniform so we could look down the governed, how do the people know watch TV news, and do not recognize and see where they are from, and it al- what is happening, not just in their what they are seeing and reading be- ways says USA. God bless them. I Government but in the world? How do cause, indeed, the troops in Iraq, in ad- would love our trade negotiator, just they get good information? dition to being everyday heroes, are once, to wear a uniform that says USA. I will give an example. Two nights well disciplined, morale is high, and The PRESIDING OFFICER. The Sen- ago, I received a call from one of my they know they are doing an important ator’s time has expired. constituents in Lubbock, TX, who said job and they are getting the job done. Mr. DORGAN. Madam President, I he had heard we were going to rein- But they come back to the States, read ask unanimous consent for 3 additional state the draft because of concerns a newspaper and watch the news, and minutes. about Iraq and Afghanistan and Amer- they are met with gloom and doom and The PRESIDING OFFICER. Without ican forces being spread too thin. Of pessimism about our prospects. objection, it is so ordered. course, I told him we have more than I worry—and I expressed this concern Mr. DORGAN. I would love, just once, 2.5 million men and women in uniform, yesterday—that particularly in an to ask our trade negotiators to wear a including our Active Duty, our Re- election season, those of us who are in uniform so at least they know on serves, and our National Guard. I said elected office need to be very careful whose behalf they are negotiating. the phrase I have come to use often, and very responsible about our state- I am so tired of what is happening in and that is that we are out of balance, ments, even when we are in the heat of international trade negotiations. Will but we are not out of troops. political combat, because we do not Rogers said, 70 years ago, that the Secretary Rumsfeld yesterday spoke want to do anything that would have United States of America has never before the Armed Services Com- the consequence of demoralizing our lost a war and never won a conference. mittee—the distinguished Presiding Of- troops or breaking the resolve of the He must surely have been thinking ficer, of course, is a member of that American people as we fight this global about our trade negotiators. It doesn’t committee and heard those remarks as war on terror. matter what it is—the United States- well—that we are in the process of re- But this poll of the Iraqi people I be- Canada FTA, CAFTA, NAFTA, WTO— structuring our military forces so we lieve is important because it consisted all our negotiators have to do is show can access more of those forces, so we of more than 2,300 household interviews up and lose. They do it routinely. can put those troops where they need and was distributed across Iraq’s 18 This isn’t a partisan issue, inter- to be. That is a process that is part of provinces. Here are just a few of the in- national trade. I think both Repub- the global posture review and certainly teresting statistics this survey reveals: licans and Democrats have let this the Base Realignment and Closure A full 75 percent of the Iraqis ex- country down. We need a new trade Commission process that goes forward pressed hopefulness about the future of strategy. next year, all of which falls under the the nation, and more than 70 percent Globalization is here, that is true. We heading of transformation. say they would not leave their country are not going to turn back Getting back to the question my con- even if they were given an opportunity globalization, but we at least, by God, stituent asked—which is, I am worried to live elsewhere. ought to have rules that are fair to this because I hear that we may reinstate While earlier polls show the Iraqis country and to the workers of this the draft—I asked Secretary Rumsfeld were concerned with security, and that country and to the businesses of this that very question. Indeed, I alluded to is obvious to all of us that they would country that do business here and stay a statement that had been made the be and should be, as we are, the Iraqi here. day before by the Democratic Presi- police and army are gaining the con- I have one final point. This Senate dential nominee where it was said that fidence of the Iraqi people to deal with did not even have the strength and the it was possible that the President their transition from a terrible, blood- backbone to at least shut down the per- would reinstate the draft to handle the thirsty dictator under Saddam Hussein

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.011 S24PT1 S9662 CONGRESSIONAL RECORD — SENATE September 24, 2004 to now this interim government lead- Ladies and gentlemen, good will aside, I the terrorist foe we had been fighting ing up to full democratic elections in know that many observers around the world on the margin for years sought a more late January. More than two-thirds of honestly wonder if we in Iraq really can re- deadly goal than we ever suspected. the respondents expressed trust for the store our economy, be good neighbors, guar- The terrorist threat we battle today antee the democratic rule of law and over- Iraqi men and women trying to bring come the enemies who seek to tear us down. does not just seek victory over Amer- about peace and stability and secu- I understand why, faced with the daily head- ica; it seeks an extermination of our rity—that is, the growing Iraqi Army lines, there are these doubts. I know, too, unity, our culture, our liberty, every- and security forces—and, in fact, as the that there will be many more setbacks and thing that makes America the envy of distinguished Presiding Officer knows, obstacles to overcome. the free world today. the single largest component of the co- But these doubters risk underestimating I think of recent expressions I have alition efforts in Iraq now are Iraqis. our country and they risk fueling the hopes read. The 9/11 Commission did a very More than 238,000 Iraqis serve as part of of the terrorists. good job of expressing the nature of the that country’s security force as we I will read that again because it is so threat Prime Minister Allawi spoke of speak. As we have heard from Sec- important. Prime Minister Allawi said: and that we confront today. Under its retary Rumsfeld and others, that will But these doubters risk underestimating recommendations, the 9/11 Commission continue to grow. our country and they risk fueling the hopes said: of the terrorists. General David Petraeus is assigned The enemy is not just ‘‘terrorism.’’ It is the job of making sure they are He goes on to say: the threat posed specifically by Islamist ter- trained. As we train more recruits to Despite our problems, despite our recent rorism, by Bin Ladin and others who draw on become good security forces in Iraq, it history, no one should doubt that Iraq is a a long tradition of extreme intolerance with- will decrease the pressure on America country of tremendous human resources and in a minority strain of Islam that does not to provide those security forces and national resources. distinguish politics from religion, and dis- others of our coalition partners. That Iraq is still a nation with an inspiring cul- torts both. is good news to me and I am sure good ture and tradition and an educated and civ- The enemy is not Islam, the great world news to people all across this country. ilized people. And Iraq is still a land made faith, but a perversion of Islam. The enemy goes beyond al Qaeda to include the radical This same survey revealed that the strong by a faith which teaches us tolerance, love, respect and duty. ideological movement, inspired in part by al interim government of Iraq is trusted Above all, they risk underestimating the Qaeda, that has spawned other terrorist by 65 percent of its citizens. courage, determination of the Iraqi people to groups and violence. Thus our strategy must I wish all of us in elected office could embrace democracy, peace and freedom, for match our means to two ends: dismantling claim those sorts of approval ratings in the dreams of our families are the same as the al Qaeda network and, in the long term, the United States, but I will not go the dreams of the families here in America prevailing over the ideology that contributes there. The Iraqi courts and judges, the and around the world. There are those who to Islamic terrorism. most important component of restor- want to divide our world. I appeal to you, Skipping down a paragraph, they ing respect for the rule of law in Iraq, who have done so much already to help us, to conclude from this reading: ensure they don’t succeed. are trusted by more than 64 percent of What should Americans expect from their Iraqis responding to this survey of 2,300 Do not allow them to say to Iraqis, to Arabs, to Muslims, that we have only two government? The goal seems unlimited: De- households. More than 77 percent of models of governments, brutal dictatorship feat terrorism anywhere in the world. those polled believe that holding reg- and religious extremism. This is wrong. We have seen—and it is not a matter ular, fair elections is the most impor- Like Americans, we Iraqis want to enjoy of taking my word for it or even the 9/ tant political right for the Iraqi people. the fruits of liberty. Half of the world’s 1.5 11 Commission’s word for it or Prime I will talk more to that in a moment, billion Muslims already enjoy democrat- Minister Allawi’s word for it—that the because I am afraid there are some who ically elected governments. war we are fighting is not confined to do not believe that the people of the As Prime Minister Blair said to you last year when he stood here, anywhere, any time Iraq. It is not confined to Afghanistan. Middle East are capable of democracy In fact, I think those who suggest oth- and doubt their aspirations for liberty. ordinary people are given the chance to choose, the choice is the same: freedom over erwise are ignoring the lessons of his- But 77 percent of those polled believe tyranny, democracy not dictatorship, and tory, as well as the sage words of the 9/ that holding regular, fair elections is the rule of law not the rule of the secret po- 11 Commission, the Prime Minister, the most important political right for lice. and others. the Iraqi people. Do not allow them to convince others that We have seen the evil works of this Finally, 58 percent of those polled be- the values of freedom, of tolerance and de- terrorist wave, and not just on 9/11. We lieve that democracy in Iraq is likely mocracy are for you in the West but not for saw the attack on the USS Cole in 2000, to succeed. That is a far cry from the us. an attack that killed 17 American sail- doom and gloom preached by some of For the first time in our history, the Iraqi ors and wounded 39. We saw the bomb- the naysayers in this election season people can look forward to controlling our and, indeed, some of what we see on own destiny. This would not have been pos- ing in Bali in Indonesia 2 years ago. We sible without the help and sacrifices of this our televisions and read in our news- see, it seems like with horrible regu- country and its coalition partners. I thank larity, Palestinian suicide attacks in papers. you again from the bottom of my heart. Yesterday, in a joint session of Con- Israel, and the United Nations com- Finally, the Prime Minister said: gress, I had the honor to hear interim pound car bomb attack in Iraq. Prime Minister Allawi speak. He start- And let me tell you that as we meet our This year alone we have seen mas- ed out his remarks, after a few mo- greatest challenge by building a democratic sacres in Madrid, the Twin Tupolev future, we the people of the new Iraq will re- bombings in Russia, and the suicide car ments, with these words: Thank you, member those who have stood by us. As gen- America. Thank you, America, for de- bomb attacks in Afghanistan and Iraq. erous as you have been, we will stand with Most recently, we have seen the butch- livering the Iraqi people from a terrible you, too. As stalwart as you have been, we dictator and tyrant in Saddam Hus- will stand with you, too. Neither tyranny ery by terrorists who murdered chil- sein. nor terrorism has a place in our region or dren in the schoolyards of Beslan. He went on to express his apprecia- our world. And that is why we Iraqis will No, the war on terror is not limited tion not only for the sacrifices of the stand by you, America, in a war larger than to Iraq. It is not limited to Afghani- men and women in uniform but to all either of our nations, the global battle to stan. They are but fronts in the global of the people of this great country who live in freedom. war we are waging today. In fact, it hold the ideal of liberty, freedom, and I believe that lengthy quote is worth was the combatant commander, the opportunity as not just an American hearing again because I also want to Central Command General John aspiration but something that every- talk a minute about the nature of the Abizaid, who only a couple of months one, every human being, aspires to. threat we confront and that Prime ago admonished all of us in the Senate I will quote from his remarks because Minister Allawi spoke of, not just a not to look at the war as though look- they go to the heart of the pessimism war confined to Iraq but indeed a glob- ing through a soda straw, not to look that is expressed in some quarters al war on terrorism. at what is happening in Afghanistan about the Middle East and what is hap- It was 3 years ago this month that we and at what is happening in Iraq and pening in Iraq. He said: were forced to realize as a nation that say this is all there is, this is reality.

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.013 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9663 Indeed, some have even suggested that darkness and despotism for genera- For that reason, I want to take a few the war in Iraq is a diversion from the tions. And around the world we will minutes and outline why I publicly real war on terror. But, of course, that hear the rumble of millions of people have placed a hold on the nomination is flying in the face of the facts: the waking to discover that yes, at long of Deborah Majoras to chair the Fed- long litany of terrorist attacks in last, they are free. eral Trade Commission. She now serves many different parts of the world, the Madam President, the terrorists have in a recess capacity. Of course, the FTC presence of Al Qaeda forces and allies heard a great noise in Iraq—and it is is the agency that is in a very strong in Iraq, and, of course, what Prime the sound of their doom. position to protect the American con- Minister Allawi has said as well. I yield the floor. sumer from price gouging at the gas Indeed, during this political season The PRESIDING OFFICER. The Sen- pumps. But instead of doing its job, the when international affairs and the war ator from Oregon. Federal Trade Commission, in my on terror is a prime topic in political f view, has chosen to waste the tax- debates and discussions, there appears SECRET HOLDS payers’ money by very recently issuing to be an attempt to decouple Iraq from a self-serving report that they use to the global war on terrorism, to suggest Mr. WYDEN. Madam President, I justify their lack of enforcement ac- that it is a distraction. But I hope I think if you walked down the streets of tion to block oil companies from merg- have convinced those within the sound the small towns in North Carolina or ing. of my voice that cannot be true; that is Oregon and asked people what the ‘‘se- In making these comments, I want to not true. Indeed, I believe that argu- cret hold’’ is in the Senate, my guess is make it clear that there are a host of ment is a disservice to the American you would not find one out of a thou- reasons why gasoline prices are going people and our forces in the field, sand people who would have any idea up. Worldwide demand is certainly a whose resolve must remain strong as what this extraordinarily important big factor. We see that higher demand we continue to fight this great scourge rule is here in the Senate. As the Presi- is contributing to higher prices, par- on humanity. dent knows, it is possible for any Mem- ticularly in the case of China. Cer- Under President Bush’s leadership, ber of this body to put a hold on a bill tainly the mischief of OPEC is a very despite the naysayers who claim this or nomination, and do it in secret. It is significant factor. Certainly the inabil- task could not be done, we have con- one of the most extraordinary powers a ity to put in place the kind of con- fronted this evil for what it is. We have Member of the Senate has. servation practices our country needs employed the very best weapon Amer- Senator GRASSLEY and I have led, in the transportation sector. There are ica has to offer: the power of our ideals over more than 5 years, a bipartisan ef- a host of reasons why gasoline prices and the power of liberty. Even as we fort to try to change it, to have some have soared. But the U.S. General Ac- battle them around the world, the ter- sunlight over the secret hold. We have counting Office (GAO), our independent rorists have flocked to specific points been fortunate to have the support of body that audits these kinds of issues, to battle us. As coalition forces liber- Senator LOTT and Senator DODD. Sen- said in an important recent study that ated Iraq and Afghanistan, they have ator BYRD has been exceptionally help- the oil industry mergers the Federal been attracted to Iraq and Afghanistan ful on it. I am very hopeful that we will Trade Commission keeps approving are like moths to the flame. Why? Because finally get this changed when the Sen- a significant factor in why gasoline they realize that their dark ideology of ate resumes in January, after the elec- prices are so high. hate will not—cannot—survive the tion. In fact, the GAO found that the oil spreading light of freedom. Senator FRIST has been very kind industry mergers that went through in The spread of democracy, the new meeting with us. He, of course, became the 1990s increased concentration in foundation of the rule of law, and the the leader and had a lot on his plate be- the oil industry significantly and in- creation of fledgling representative sides the question of reform of Senate creased gasoline prices for consumers governments that honor and respect rules. But we saw again last week why by as much as 7 cents per gallon on the human rights—together these actions this is so important. Right in front of west coast of the United States. spell out the increasing the desks here in the front of our Let us acknowledge there are a vari- marginalization of the terrorists, as Chamber, we saw Senators scurrying ety of reasons that gasoline prices have they have fewer and fewer places to run around, trying to figure out who had a soared. But the GAO has found in an and hide. Ultimately, they herald the hold on their bill; who, in effect, was independent review that the policies of end of terrorism as we know it. using in these last few days of our pro- the Federal Trade Commission with re- Of course, none of us asked for this ceeding with our work before the elec- spect to mergers have hammered the task. We cannot erase 9/11, as much as tion, who was holding up legislation consumer, especially on the west coast our hearts desire it. We cannot change they had worked on for months, and in of the United States, and in effect the past. But we must acknowledge a couple of cases, for years. caused a shift of dollars out of the that this responsibility has fallen to I think this is fundamentally wrong. pockets of the consumer and into the us—in this time, in this generation— The rules of this body and the prece- pockets of those oil companies that and we must and we will win by fight- dents established, as Senator BYRD has benefit from these mergers. ing this enemy where they plot and taught us so well, make so much sense. In effect, the Federal Trade Commis- plan, so we do not have to fight them But this is a flagrant example of abuse sion again and again has tried to offer on American soil. of the rules, to have in the last few excuses for their inaction on this oil I want to reiterate: We must always days of a Senate session Senators scur- company merger issue. In their recent remain conscious in this body as elect- rying about here in the front of the report, the Federal Trade Commission ed officials, as representatives of our Chamber, trying to figure out who is tries to excuse their inaction by claim- States and of this great Nation—we objecting to something they have ing that gasoline prices at the pump must always be conscious of the fact worked on. are determined by world oil prices. that the words we say, particularly I think we all ought to be held ac- Again, no one disputes that can be a during an election season, can have a countable. If you object to a nomina- factor. But the record shows there is a broad and negative effect on the mo- tion or a piece of legislation, fine. But lot more to this than the Federal Trade rale of our soldiers in the field. We with that right should come account- Commission’s simplistic analysis. must continue to give our forces all the ability. I am very hopeful we can get Yesterday, for example, the price of a support they need and stay focused on those rules changed. And in the spirit barrel of oil soared to $49 per barrel, our goal. And while our enemies began of changing those rules, Senator just short of the all-time highest price this fight on their terms, we will finish GRASSLEY and I have said we are in ef- on record. Yesterday’s price is 15 per- it on ours. fect going to jump-start the process by cent higher than the price of oil was We will widen the span of the demo- making it clear that if we have an ob- just before the Memorial Day weekend. cratic peace into places where the jection to the consideration of a nomi- In effect, there is a 25-percent dif- enemy trains and recruits. We will lib- nation or a bill, we are going to come ference in recent gasoline prices that erate the people held under the yoke of to the floor and announce it. cannot be explained by the Federal

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.016 S24PT1 S9664 CONGRESSIONAL RECORD — SENATE September 24, 2004 Trade Commission’s simplistic anal- profits, the Federal Trade Commission have on the Majoras appointment is ysis. Clearly, there is a lot more going sits on its hands. that as she works on the important on in U.S. gasoline markets than can The General Accounting Office, in a issue of obesity, she also needs to turn be accounted for by world oil prices May 2004 report, identified two major her attention to those oil companies alone. changes that even occurred in the gaso- feeding off American consumers’ hard- In the hearings we held in the Com- line market as a result of the wave of earned money. As far as we know merce Committee, I have repeatedly oil industry mergers and increased con- today, on her watch it is going to be cited the need on a bipartisan basis to centration during the 1990s. business as usual in the gasoline mar- make the case for why we need the First, the availability of generic gasoline, ket, with more oil company mergers, Federal Trade Commission to do a bet- which is generally lower priced than branded more concentration of oil and gas in- ter job of watchdogging these oil com- gasoline, had decreased substantially. Sec- dustries and higher gasoline prices for pany mergers and protecting the con- ond, refiners now preferred to deal with large consumers at the pump. In my view, it sumer against anticompetitive prac- distributors and retailers which has moti- is hard to find a more important con- vated further consolidation in distributor tices. and retail markets. The net results of these sumer protection issue that the Fed- I have asked repeatedly about this changes are likely to be higher prices and eral Trade Commission has a responsi- new study from the GAO. I have asked fewer choices for consumers when they pur- bility for than overseeing competitive about the fact that the FTC issued a chase gasoline, especially in the con- prices in our gasoline markets. High report which I think vastly oversim- centrated markets. We have seen almost a gasoline prices act like a tax on the plifies the reasons why gasoline prices doubling of the markets that are con- consumers that reduces their pur- are so high and is an excuse to look the centrated in recent years. chasing power. other way on this issue of oil company Despite the troubling findings of the On average, gasoline prices are 20 mergers. But the GAO is not alone in General Accounting Office’s report, cents a gallon higher than they were at documenting how the Federal Trade Deborah Majoras has given no indica- this time last year. These higher prices Commission regulators have been miss- tion that she would in any way change mean a typical family is spending $600 ing in action when it comes to pro- the Federal Trade Commission’s review more this year to fill the gas tanks in tecting the American consumer at the of oil mergers. My sense is that Ms. their car than they were a year ago. gas pump. Majoras hopes the General Accounting Despite the urging that I and other Since 2001, according to Bloomberg Office report disappears, that somehow colleagues have done, it has been hard News, oil industry mergers totaling Members of the Senate, who are busy to see the administration take any ac- $19.5 billion have been unchallenged by and have lots of assignments, are going tion to give the consumer a break from the Federal Trade Commission. to go on to other things and are going these record-high gasoline prices they Bloomberg reports also that these un- to forget about this report which docu- have been paying throughout the year. checked mergers have played a role in ments that the policies of the Federal I think it is interesting that there was contributing to the highest gasoline Trade Commission are hammering the a new development with respect to the prices in the past few decades. people I represent in Oregon and up and Strategic Petroleum Reserve in the According to our review and the Fed- down the west coast. last 24 hours. In the last 24 hours, the eral Trade Commission’s own records, As far as I could tell, when she is not administration announced it is negoti- the agency imposed no conditions on 28 trying to ignore the General Account- ating to provide loans of oil from the of 33 oil mergers since 2001. ing Office report, she has taken steps Strategic Petroleum Reserve at the re- You can see the result of the Federal to discredit the work of the General quest of oil refiners to help keep their Trade Commission’s inaction on this Accounting Office as she did in a letter refineries supplied because of shortages issue at gas stations in Oregon and to me. of crude oil supplies in the Gulf of Mex- across the country. An additional reason for my concern ico following the recent hurricanes. Nationwide, the GAO found that be- is that at virtually every opportunity, I want to be clear. If there are sig- tween 1994 and 2002, gasoline market Deborah Majoras passes on the oppor- nificant supply shortages that can be concentration increased in all but four tunity to even use her office as a bully relieved by the release of Strategic Pe- States. As a result of Federal Trade pulpit to say that she is concerned troleum Reserve oil, then I am all for Commission merger policies, 46 State about this issue. When she came for her making that oil available. That is what gasoline markets now face significant confirmation hearings, she didn’t even the Strategic Reserve was created to concentration which is almost double mention high gasoline prices among address. But I think it needs to be what we faced in 1994. the issues she thought warranted con- pointed out that this administration The Federal Trade Commission, oil sideration in her opening statement. has a double standard with respect to industry officials, and consumer groups She didn’t provide one significant using the Strategic Petroleum Reserve. in effect now agree that in con- new action she would take to address They are willing to use the Strategic centrated gasoline markets—and there this urgent consumer issue. On August Petroleum Reserve to help big compa- are 46 gasoline markets, and I rep- 16, Ms. Majoras received a recess ap- nies when they are in a jam, but they resent one of those markets—the oil pointment, and in the weeks since her are not willing to use the Strategic Pe- companies do not need to go out and recess appointment, there is no evi- troleum Reserve to help the little guy directly collude in order to raise dence that anything is going to change. when the little guy is getting clob- prices. They don’t need to go off to a As far as I can tell, the evidence indi- bered. steakhouse somewhere and sit down cates the campaign of inaction on com- So I very much hope we will see a and in effect set the prices. The Fed- petitive prices in the gasoline markets change in the administration’s policies eral Trade Commission’s own general will continue. For example, Deborah with respect to the Strategic Petro- counsel said recently: Majoras announced that her priority as leum Reserve. Let’s use it when we It may be possible in selected markets for Federal Trade Commissioner is going need to help companies, which seems to individual firms to unilaterally increase to be involved in the national cam- be the case with respect to the situa- their prices. paign on obesity. Well, I don’t take a tion in the Gulf following the recent So what you have is the Federal back seat to anybody in terms of fight- hurricanes. But let us not have a dou- Trade Commission’s general counsel in ing this problem. In fact, Senator ble standard that says we will use the effect admitting that the oil companies FRIST and I have introduced legislation Strategic Petroleum Reserve to help in these concentrated markets have so directed at the growing problem of the big and powerful and sit on our much clout that in specific instances, childhood obesity. I hope Deborah hands when the little guy is getting they can price gouge with impunity. Majoras will testify at the hearing to hammered. Despite all of the evidence that gaso- be held the first week in October on the Let me close simply with one last line markets around the country have Frist-Wyden legislation to tackle this point with respect to the role of the become concentrated, and in these con- serious problem of obesity. Federal Trade Commission. I intend to centrated markets, individual firms But I come to the floor to say one keep the public hold on the Majoras ap- can raise prices and extract monopoly reason I will continue the public hold I pointment for as long as it takes, until

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.018 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9665 that time when we see changes at the ferent political philosophies, but I re- those weapons of mass destruction, agency that will promote competition spect him and I admire him. His speech never allowed international inspectors in our gasoline markets. Ms. Majoras was one of the best speeches I have to confirm the destruction of those has given no indication at her con- heard given in a joint session. weapons, and never—never—ceased his firmation hearing or since then that But yesterday’s speech by Interim virulent and hostile rhetoric against she is going to change the Federal Prime Minister Allawi was truly one of the United States, and who caused the Trade Commission’s oil companies’ the most historic speeches by a foreign death of at least 300,000 of his own fel- merger policies, which the GAO found leader before this Congress. low countrymen who now or did lay in in an independent review have in- Prime Minister Allawi was direct in mass graves. creased gasoline prices for consumers. his gratitude for the U.S. contribution Madam President, you know what is Ms. Majoras didn’t even believe high and sacrifice to liberate his country underneath the shirt of Prime Minister gasoline prices were enough of a prob- from tyranny. He was compelling in his Allawi? Scars from an ax attack by lem for consumers to mention them in declaration that the Iraqi people are Saddam’s henchmen. And do you know her opening statement at the confirma- determined to move forward in assum- what is underneath those scars? A tion hearings. When I and others ing their security and in conducting brave and patriotic Iraqi heart, be- pressed her at the hearing to say what free and fair elections. And he com- holden to no one but the cause of a free she would do to protect consumers mitted his Government’s partnership Iraq. from higher gasoline prices, we were to fighting terrorism in that region The Democratic spokesman’s state- not given one example of how to ad- and throughout the world. The House ment was a calumny, pure and simple. dress this urgent issue. She subse- Chamber was fully packed by my col- It was a cheap and pathetic shot from quently offered the committee a blue- leagues from both parties. The Prime a man whose only combat experience is print for inaction. Out of seven so- Minister received much applause and, bullet points in 10-point font. It was a called commitments she wanted to to the best that I could see, that ap- cheap jab to a man who barely survived make, three are a continuation of the plause came from all of us. I am happy an ax attack ordered by a tyrant we status quo, and three essentially are to recognize this because Prime Min- have deposed, and who has been four public relations activities. Only one ister Allawi is not the Republican’s times—four times—targeted by the ter- would involve something new—an in- ally in Iraq, he is America’s ally in rorists and gangsters who kill our vestigation of a refinery closure using Iraq. troops and the Iraqi people and who a subpoena, which is sort of like send- As we know from his biographies in would kill us if they could. ing a search party after a horse that the press, the Prime Minister has But let me be plain. The statement was turned loose years ago. worked with American administrations was worse than a calumny. It was a de- Since her recess appointment more before this one, including a Democratic liberate attempt to undermine our mis- than 4 weeks ago, Ms. Majoras has administration. He is not beholden to sion in Iraq. And I am sick and tired of made it clear that protecting con- Democrats or Republicans. He is be- some suggestions I have heard in the sumers from getting gouged at the gas holden to the cause of an Iraq that is press recently that we cannot speak pump is simply not a priority. free from terror and tyranny. And he plainly about these matters. For these reasons, I have placed a has the scars to prove that. Prime Minister Allawi is as legiti- public hold on the Majoras nomination. This is why I was so appalled to hear mate a politician as anyone in Iraq I intend to continue to object to any some of the criticisms of Prime Min- today. He has fought for the cause unanimous consent request for the ister Allawi that emanated from the since before Joe Lockhart chose the Senate to consider this nomination, other side yesterday. None was so ap- pencil as his weapon of choice. He can until we see that there are going to be palling as this statement, quoted in to- list more fallen, tortured, vanished some changes at the Federal Trade day’s Los Angeles Times, by Joe comrades than Joe Lockhart can list Commission to protect gasoline con- Lockhart, a senior adviser to the Kerry maitre d’s. He is the Iraqi Interim sumers, particularly the ones I rep- campaign: Prime Minister because he was chosen resent on the west coast of the United The last thing you want to be seen as is a last June by the Iraqi Governing Coun- States, who are now getting mugged at puppet of the United States. cil—Iraqis, if you will—to lead his own the gas pump. Now, what a thought to put out. country. He is the man we are relying I yield the floor. What a condemnation of a man who on to lead us to elections in January, f risks his life every day for freedom in which is a key aspect of our policy in Iraq and freedom throughout the whole Iraq. THE ADMINISTRATION POLICY IN Middle East and freedom throughout We are not there but to liberate these IRAQ the world. people. And we have done so, so far. Mr. HATCH. Madam President, it has ‘‘The last thing you want to be seen And I am getting sick and tired of been another interesting week in the as is a puppet of the United States,’’ some who have found fault with this in public debate on Iraq. Yesterday, a said Mr. Lockhart who, last I checked, the most discouraging of ways. I think joint session of Congress was convened was not known for his foreign policy some of those comments undermine to hear the address of the Interim expertise. He continued: our young men and women over there. Prime Minister of Iraq, Iyad Allawi. You can almost see the hand underneath How would you like your sons or I have heard many foreign leaders ad- the shirt today moving the lips. daughters over there to have to read dress joint sessions, and I have found Now, Madam President, this quote this drivel that not only has been said many of those addresses compelling, will be read in Iraq today. The reason by Mr. Lockhart but others who have powerful, historic. Last year we heard it can be read in Iraq today is because continually maligned this war, contin- the Prime Minister of Great Britain, today Iraq has freedom of the press. ually maligned our cause, continually Tony Blair, give a riveting speech, The reason there is freedom of the maligned our leaders, and, by implica- where a leader of a famous center-left press today is because a brutal totali- tion, our efforts in this war? democratic party forcefully supported tarian dictatorship was deposed by a When a Democratic spokesman pub- our President and his administration U.S.-led coalition. The reason there is licly says Prime Minister Allawi is a on a question that has always been best freedom of the press today is because puppet, which Prime Minister Allawi served when the parties join together: the United States has sacrificed over clearly is not, and he says so in a way the question of war and security. 1,000 of our young men and women to that Iraqis under fire from terrorists We all remember the speech Prime free a country from a dictator who tor- and gangsters can read, there is no way Minister Blair gave, and the rationale tured his people, gassed his subjects, we can conclude that this is not under- he reiterated for joining his nation’s invaded his neighbors, associated with mining the Interim Prime Minister. forces to the cause of the coalition’s terrorists and al-Qaida, built and hid When the Interim Prime Minister is liberation of Iraq. Prime Minister Blair weapons of mass destruction, repeat- undermined, our political ally in Iraq and I come from two different political edly violated international law requir- is undermined. And when our political traditions, and we represent two dif- ing him to reveal the whereabouts of ally in Iraq is undermined, the work of

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.022 S24PT1 S9666 CONGRESSIONAL RECORD — SENATE September 24, 2004 our soldiers—whose mission is to cre- Let me say this, Madam President. I honest review of the failings of pre-war ate the security to support our polit- honor the service of all who fought intelligence—and concluded that the ical strategy—is undermined. Their bravely and honorably in Vietnam—ev- CIA cannot be trusted are now asking work is undermined. eryone, without exception. us to conclude, based on an analysis no Recently, there has been some tut- But there are two different interpre- one has read, that the President is tatting in some of the press and the tations of our Vietnam policy. The lying? antiwar movement that such declara- antiwar movement’s view on our Viet- A CIA analysis is just that: analysis. tions as I have just made are beyond nam policy concluded that the use of It is more than guesswork, but it is a proper discourse. American power was immoral and not lot less than prediction. Yes, the situa- Let me be clear: A state of war to be trusted. Today, that world view is tion could go bad in Iraq—very bad. should give no cause for inhibiting free still very strong, overseas and here But at no time in American history speech in a democratic society, and I among the American left. has an administration conducting a would tolerate no restriction of free It has not changed much, except war concluded during a dark hour that speech here or anywhere in the coun- that, today, the left, which still dis- success was no longer attainable. That try. trusts the use of American power, be- is not leadership. To focus on the After all, Michael Moore is free to de- lieves that that power must be checked course to success is not lying. It is nounce every manifestation of Amer- by the international community. That leadership. To focus on the darkness of ican foreign policy; is he not? And we view holds that American power is ille- the hour is not. are upholding his right to do so, as ri- gitimate without the sanction of other The situation in Iraq is difficult, but diculous and inane and asinine as his powers, including the United Nations. it will not go bad, because we will not comments are. His antiwar work in- There is another view on Vietnam accept failure as an outcome. Failure cludes Serbian propaganda clips in de- policy that my late brother-in-law would endanger our security, and this fense of genocide in ‘‘Bowling for Col- held. And that view is that the sac- administration will not allow that. umbine’’ to nice pictures of playful rifices of those who fought nobly and We are in a charged political season. The American public will choose who Iraqis peacefully flying kites in the bravely in Vietnam are to be forever they believe will best ensure their se- halcyon days of Saddam Hussein, honored. That view—my view—is that curity. I would ask all who opine to re- which is in his latest virulently anti- the American military won that war. member that, while we are in a polit- Bush creed, and, of course, cheered on When President Nixon signed the Paris ical season, we are in a war. Let us by some of our colleagues on the other Peace Treaty in early 1973, U.S. forces criticize as best we can, but let us do side. The man is not an idiot, but he fighting with South Vietnam had se- just that: as best as we can. That acts like an idiot, and he is under- cured South Vietnam. The war was lost standard, is far above the rhetoric of mining our young men and women over when the north violated that peace defeat, despair and, in the case of call- there. treaty and a Democratic Congress ing Prime Minister Allawi a puppet, But likewise, honest policy debates— failed to provide the arms and funds to self-defeating delusion. and the comments on the role rhetoric help an ally defend itself from an inva- The PRESIDING OFFICER. The Sen- plays—should also not be restricted. sion supported by the Soviets and the ator from Kansas is recognized. The PRESIDING OFFICER. The Sen- Chinese. Mr. BROWNBACK. Mr. President, I ator has used 10 minutes. We made many policy mistakes in ask unanimous consent to speak up to Mr. HATCH. I thought I had 15. Vietnam, and the enslavement of the 15 minutes. The PRESIDING OFFICER. We are in south to communism was a sad conclu- The ACTING PRESIDENT pro tem- morning business with 10-minute sion whose responsibility must never pore (Mr. SMITH). Without objection, it grants. be borne by those who fought, but by is so ordered. Mr. HATCH. I think I can finish in those who failed to hold the course. f the next 5 minutes. Do you know what one of the earliest The PRESIDING OFFICER. Without policy mistakes we made was? It was NORTH KOREA HUMAN RIGHTS objection, it is so ordered. when, under the Kennedy administra- ACT Mr. HATCH. When a Democratic tion, the decision was made to stop Mr. BROWNBACK. Mr. President, I spokesman calls Prime Minister Allawi supporting the Diem administration in believe this body is about to consider a puppet, that is not a suggestion as to South Vietnam. When that happened, and pass the North Korea Human what the Prime Minister could better the south lost a leading figure, a polit- Rights Act and our amendment in the do in his difficult job. That is a state- ical leader. Diem was no democrat, but nature of a substitute. It is cleared ment that undermines the Prime Min- he was our political ally. We dealt our- through the House of Representatives ister, our ally in a war against terror selves a serious political blow when we and is on our consent calendar. It is and tyranny. And when you undermine failed to support Diem. He was assas- about to clear through here, I believe, our principal ally in a war against ter- sinated, and our political goals were and I am thankful to the Foreign Rela- ror and tyranny, you are undermining undermined. tions Committee, the staff of the com- our cause. I am not going to stand by and be si- mittee, the chairman and ranking Madam President, I buried my broth- lent when our ally, Prime Minister member, for their work getting this er-in-law at Arlington Cemetery last Allawi, is undermined by rhetoric from moved forward. week. I spoke of him on the Senate a top spokesman of the other party. This is about the fundamental human floor yesterday. He was a tough ser- Because some people need to under- rights of the people of North Korea. It geant in the Marines. He had that stand that rhetoric has consequences. is my hope that this will pass today— unique pride that I have come to so ad- Let debate rage, I say. Let the anti- and if not today, at least Monday. mire in the Marines. His modesty over war movement have its say, and let Mi- It is no secret that North Korea pol- his sacrifices for his country was sur- chael Moore collect his fees on college icy continues to be a matter of intense passed only by his love of his country. campuses. But I believe that, in a time debate at the highest levels of our Gov- He was a true hero. He fought in Korea of war, we need to hold ourselves to ernment and governments around the and Vietnam, and he bore the wounds higher standards of intellectual con- world. Reasonable people with good in- of Vietnam through his life. Agent or- tent, honesty and clarity. tentions disagree vehemently on var- ange exposure killed him. And to his Recently we have heard a lot about a ious aspects of what an appropriate dying day, he thought the cause he CIA analysis from earlier this summer. North Korea policy should be. fought for in Vietnam was just. Am I the only one to notice that the This is why I am pleased that the Last May, the Democratic nominee people who have been declaring that Senate, along with the House of Rep- in this fall’s Presidential campaign was CIA analyses are unreliable are treat- resentatives, will soon be able to come quoted as saying that President Bush ing this latest analysis as holy writ? together in unity and speak clearly on ‘‘didn’t learn the lessons of our genera- That the people who have taken the one particular set of issues regarding tion in Vietnam.’’ I find this remark good work of Chairman ROBERTS and North Korea, and that is the most fun- staggeringly ironic. our committee—which did a stark and damental rights, human rights, of the

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.025 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9667 people of North Korea, and to put that no transparency; very little monitoring issues and values as freedom of in a policy position. has been able to take place of the hu- thought, religion, assembly, and press The people of North Korea have en- manitarian aid we have provided to to back down now. We are not going to. dured some of the most horrendous as- North Korea. It conditions future di- We are going to continue to challenge saults on the inherent dignity of rect aid to the North Korean Govern- rogue regimes, such as North Korea, on human beings of any group of people in ment on substantial progress on human how they treat their own people. the world. Inside North Korea, the to- rights and transparency benchmarks. As experience has taught us, during talitarian dynasty of the Kim regime Let me elaborate a little bit on this the Cold War and the battle over ideas permits no dissent and maintains an final point. In an AP story this morn- during that period, these are some of inhumane system of prison camps that ing that ran in the Kansas City Star, the most effective ways in which we houses an estimated 200,000 political in- appearing in many papers across the can promote freedom: open and demo- mates. country, the headline reads: ‘‘North cratic institutions within these coun- I have held a hearing on this. We Korea Asking for More Foreign Aid.’’ tries. have had satellite photography. People The article quotes an NGO official that Recently, a leading member of South who have left the country have testi- the North Korean Government wants Korea’s Congress said to me in my of- fied about this system of gulags that not only additional humanitarian aid fice that North Koreans fear the West’s exists and is in operation today in 2004. but also technical assistance and devel- criticism of its human rights more The regime strictly prohibits free- opmental cooperation. than any criticism about its nuclear doms of speech, press, religion, assem- At the same time, we have stories program. North Korea will throw up all bly, and movement. Torture and execu- and information from Secretary of kinds of bluster when it comes to their tion, often in public, are regular tools State Colin Powell warning North threat as a potential nuclear power, of state control. Since the collapse of Korea against conducting a new missile but if you engage them on human the centralized agricultural system in test. rights, they become silent because even the 1990s, more than 2 million North It would be naive for us to think that they know they cannot hide from the Koreans are estimated to have died of North Korea was not making a connec- shame of the crimes they have com- starvation and related diseases. That is tion between the two. That is, if aid is mitted against their own people. nearly 10 percent of the total North not forthcoming, they will test new With this bill, the regime in Korean population—over 2 million peo- missiles. If that is not blackmail, I Pyongyang will now have to answer for ple. don’t know what is. This bill will make itself in multiparty talks or any other North Koreans outside of North it clear that as a matter of U.S. policy, setting on such matters as the gulags, Korea are also targets of abuse. Many we will not give in to those threats. chemical experiments on human thousands are hiding inside China, At the same time, I doubt that any- beings, the denial of food and delib- which currently refuses to allow the one in this body would oppose pro- erate policies of starvation as a polit- U.N. High Commissioner for Refugees viding aid if there were assurances that ical tool, and a thousand other ways to evaluate and identify genuine refu- the distribution and use of such aid they violated human rights by which gees among the North Korean migrant were conditioned on substantial im- this regime in Pyongyang maintains population. This is so even though provement in human rights and trans- its tenuous hold on power. China is a signatory and has obliga- parency benchmarks, that NGOs would I know some were concerned about tions as a party to the U.N. Refugee get complete access to vulnerable pop- the impact of the bill, but the bill does Convention. ulations, that such aid would be clearly not tie the hands of the President and China forcibly returns North Koreans marked and targeted for children and ongoing negotiations over North Ko- to North Korea where they routinely people in need and not the North Ko- rean nuclear activities. Rather, I be- face imprisonment and torture and rean military apparatus, and that the lieve this bill will strengthen our nego- sometimes execution. The stories from North Korean Government dem- tiating position. North Korean refugees who are able to onstrates that it is cooperating with As I said at the outset, I thank the get out are absolutely horrific. NGOs. chairman of the Foreign Relations Inside China, North Korean women The bill additionally protects refu- Committee and the ranking member, and girls are particularly vulnerable to gees by clarifying U.S. policy toward Chairman LUGAR and Ranking Member trafficking and sexual exploitation. Re- North Korean refugees, and the eligi- BIDEN, and their staff for their assist- cent reports also indicate that chem- bility of North Koreans for U.S. asylum ance in getting this bill to the floor. ical and biological experiments are and refugee processing; urging the U.N. Hopefully, as I said, it will clear on going on in the country’s gulags inside High Commission for Refugees to use Monday. North Korea. all available means to gain access and I thank the International Relations Let me explain what the bill does. provide assistance to North Koreans in Committee, Chairman LEACH of the The bill promotes the human rights of China; and seeking solutions to North Asia Pacific subcommittee and his North Koreans by funding private, non- Korea’s lack of access to refugee pro- staff, Jamie McCormick and Doug An- profit human rights and democracy tections. derson. Both Chairman HYDE and Con- programs, increasing the availability As amended, the bill also asks the gressman LANTOS were critical in se- of nonstate-controlled sources of infor- President to appoint a special envoy curing a bipartisan consensus in get- mation to North Koreans and U.S. for human rights in North Korea, a per- ting this bill to the floor in the House. broadcasting into North Korea, urging son of high distinction. We have in I also recognize Peter Yeo of Mr. additional North Korea-specific actions mind someone such as former Senator LANTOS’ staff and Sean Woo of my staff by the U.N. High Commission on Refu- John Danforth, now the U.N. Rep- for the tremendous work in getting gees and by the U.N. Human Rights resentative for the United States to this moving forward. Commission. the U.N., who was so instrumental in There is a humanitarian crisis in The bill promotes responsible assist- bringing together the north/south North Korea, a human rights crisis, ance to the North Korean people by in- peace accords in Sudan. and I believe on a humanitarian basis, creasing funding for humanitarian as- In addition, the bill requires a num- we are seeing in places such as North sistance to North Koreans outside ber of reports that will keep the issue Korea and the Sudan a use of a human- North Korea. This would include refu- of human rights front and center so itarian tool to maintain power and, in gees, orphans, widows, and trafficking that even as we continue to seek a res- the process, people are dying and being victims. olution to the nuclear issue, which we killed. The bill endorses U.S. support for should, that this matter of human Countries such as North Korea and providing humanitarian aid inside rights is not swept under the carpet Sudan have created an axis of death on North Korea but conditioning increases and that the matter of human rights their own people. This should not be, over current levels upon significant does not become a mere afterthought. and it should not be allowed to take improvements in transparency, access, For too long, we have challenged place in this world today. We need to and monitoring. To date, we have had rogue regimes on such fundamental stand up for the human dignity of

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.028 S24PT1 S9668 CONGRESSIONAL RECORD — SENATE September 24, 2004 every person, wherever they are lo- ance to hurricane victims and asking farmers and ranchers throughout the cated in the world. him to include other natural disaster Nation. The North Korea Human Rights Act victims, including drought-related dis- f highlights this problem and establishes aster relief, in any emergency-funding STATUS OF THE TRANSPORTATION a position for this country that hope- request that he might send to Con- BILL fully will be a model position for many gress. While the Bush administration countries around the world in dealing did not include this funding in its Mr. DASCHLE. Mr. President, I want with the human rights tragedy inside emergency hurricane funding requests, to say a few words about the state of North Korea. I still believed there was a way to se- the transportation bill. That bill ex- I thank the Members of this body for cure this assistance. pired a year ago, and we have been op- allowing this presentation. I yield the When the first disaster assistance bill erating on short-term extensions ever floor and suggest the absence of a for Florida was on the floor of the Sen- since. The delay has denied us the op- quorum. ate, I attempted to include agricultural portunity to create over 100,000 jobs The ACTING PRESIDENT pro tem- disaster assistance in that legislation. and has led to continuing uncertainty pore. The clerk will call the roll. While a procedural maneuver blocked in the States as they try to make con- The assistant legislative clerk pro- that effort, we were able to secure a tract and construction decisions with- ceeded to call the roll. commitment from Senator FRIST to out knowing what funding will be Mr. DASCHLE. Mr. President, I ask allow a vote on drought relief as part available. Our states, our communities, unanimous consent that the order for of the Homeland Security appropria- and our infrastructure deserve better. the quorum call be rescinded. It is not as if there have been no ef- The ACTING PRESIDENT pro tem- tions measure. On September 15, we got forts to pass a new and stronger trans- pore. Without objection, it is so or- that vote, and the Senate passed a bi- portation bill. The Senate-passed dered. partisan provision for $2.9 billion in emergency disaster relief to agricul- transportation bill was a model of bi- f tural producers. partisanship. It met the needs of States HELP THE VICTIMS OF AGRICUL- This is a tremendously important for like South Dakota, which have a sparse TURAL NATURAL DISASTERS farmers and ranchers throughout the population, but have a large geography Mr. DASCHLE. Mr. President, South Nation, including those in South Da- and many miles of roads. Likewise, it Dakotans have always been generous kota. It is important for our nation’s ensures that the more populated States when our fellow Americans, even those rural economy, and for all of the com- were treated fairly. living thousands of miles away, are suf- munities that have waited too long for In the Senate bill, we were able to fering. this relief. reach an agreement that worked for ev- After September 11, we saw equip- The package includes $2.5 billion in eryone. Our bill not only treated ment makers, firefighters, school chil- assistance to crop producers through States fairly, but it treated transit dren, scout troops, church organiza- the crop disaster program, $475 million fairly. There has often been a struggle tions, and countless other South Dako- to livestock producers through the between highways and transit, and the tans donate whatever they could to the livestock assistance program, and $20 Senate bill struck a good balance. victims. One ranch couple, themselves million for the tree assistance pro- More importantly, it was a bill that did struggling, even sold 100 calves and gram. While some of us would have pre- right by America’s families, making dedicated the proceeds to the victims. ferred assistance for both 2003 and 2004, critical investments in our infrastruc- As hurricanes ravaged, and continue the provision that passed would allow ture, and creating nearly 2 million jobs to threaten, Florida, South Dakotans producers to choose compensation for in the process. sent not only their prayers, but also either the 2003 or 2004 crop year. The one area where we were unable generators and plywood. Yet, while all The Senate’s passage of this assist- to reach agreement was on the rail pro- of these things have taken place, South ance is not the final step in this proc- visions, and I am hopeful that we can Dakota has been experiencing its own ess, and the Senate and the House are work to remedy that as we move for- disaster, the slow-motion disaster of currently meeting to resolve the dif- ward. Having a dependable and afford- drought. ferences they have with the Homeland able rail system to transport goods, in- For the last several years, South Da- Security bill. cluding agricultural commodities, is kotans have been impacted to varying I am deeply troubled by news reports critical to our Nation. degrees by drought. In fact, 2002 was that some in the House Republican It is clear to me that despite the the worst drought since the Dust Bowl leadership and the Bush administration broad bipartisan agreement we were year of 1936. That is why I have worked are opposed to this most recent emer- able to reach in the Senate, the rejec- so hard to get natural disaster aid for gency aid provision. I would hope that tion of that agreement by the Presi- our state in the 2002 farm bill. The pro- the broad bipartisan support for this dent and some of the House majority vision was not in the House-passed disaster provision in the Senate will leadership means that we are being de- farm bill, and it was opposed and even- convince the House and the President nied the opportunity to debate and tually stopped by the administration. to provide the support farmers and pass a bipartisan transportation bill. That is why I felt that as the Senate ranchers across the country so badly Senators BOND and REID have sug- considered disaster assistance for the need. gested that we give some certainty to people of Florida, it was time for us to I wholeheartedly support providing the States by ensuring that they will look for ways to help the people of States like Florida with the assistance have a steady funding stream for the South Dakota and other areas of the they need to bounce back from a hurri- next 6 months. Senator SHELBY and Nation who have been the victims of cane. By unanimously approving this Senator SARBANES, our leaders on the agricultural disasters. Make no mis- agriculture-related disaster aid, the Banking Committee and on transit take about it, this aid would help farm- Senate also acknowledged something issues, agree. I, too, think that this is, ers and ranchers in Florida who have South Dakotans know far too well: vic- unfortunately, the best course of ac- lost a majority of their citrus crop, tims of agricultural natural disasters tion given the situation in which we much of the nursery stock and hun- are no less deserving of assistance than find ourselves. And so I am hopeful dreds of head of cattle. In fact, farmers victims of hurricanes, floods, or torna- that the majority leader will take up in Mississippi, Alabama, Louisiana, does. the bill early next week. and Georgia and all along the eastern In South Dakota, we believe in help- The reason for not completing this seaboard were seriously damaged by ing our neighbors through tough times. bill is clearly over the question of re- the myriad hurricanes, and the devas- But sometimes, we need some help, sources. The administration has not tation may not be over. But for farm- too. been willing to consider any bill that is ers and ranchers in the upper Midwest, I am hopeful that help will soon be anything other than their proposed $256 the drought has continued for years. on the way, and the administration billion. In fact, the President threat- On August 17, I wrote to the Presi- will reverse its long-standing opposi- ened to veto both the House and Sen- dent expressing my support for assist- tion to agricultural disaster aid for ate-passed bills because they contained

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.030 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9669 greater levels of investment. And yet, That is why it was welcomed on both through the fire grants program, which to invest significantly less than the sides of the aisle when the Senator is one of the best run programs in the Senate was willing to invest fails to from Montana, Mr. BAUCUS, suggested Federal Government. meet the goals I just discussed: to treat a way to include $784 million in home- The money would address the short- all States and modes of transportation land security protections without vio- age of border employees by providing fairly. lating arbitrary congressional spending $150 million for more border inspectors That does not mean that the Senate limits. The Senator from Montana sug- and agents, and immigration and cus- level is the only level and that a long- gested that we help to protect Ameri- toms criminal investigators. The De- term bill cannot be completed at a cans from terrorist attack by extend- partment of Homeland Security has lower investment level. But I have not ing existing customs user fees that are not yet met the northern border staff- seen, nor do I believe that anyone has set to expire in March 2005. It was a ing goals set in the U.S. PATRIOT Act. seen, a willingness to seriously discuss commonsense approach, one that I ap- An additional $50 million is also in- that possibility. plaud Senator COCHRAN, the chairman cluded for the detention and removal of Thus, we find ourselves in the unfor- of the Senate Appropriations Homeland illegal aliens. tunate position of once again being up Security panel, and the majority lead- against the end of another extension. er, Senator FRIST, for embracing. It This amendment strengthens the Rather than keeping States in the dark was common sense because many of the northern border by providing an addi- about their future, it seems to me that agreement provided funding to key pro- tional $200 million to speed up the de- the bipartisan approach of Senators grams within the Department of Home- velopment of five air wings along the BOND, REID, SHELBY and SARBANES land Security, most of which are cus- northern border which will track, iden- makes sense. In fact, several transpor- toms related, and did so without vio- tify, and intercept aircraft that are un- tation groups have also called for a lating the budget caps or adding to the authorized to enter U.S. airspace. longer-term extension. As I said, I hope deficit. The funds advance efforts to protect and urge the majority leader to take The Senate adopted that funding, ap- the millions of Americans who use pub- up the Bond-Reid transportation exten- proved the bill, and asked the House lic transportation over 32 million times sion early next week. for a conference. We were making per work day. The additional $128 mil- Transportation has, by and large, progress. We were helping to save lives. lion was approved by the Senate so been a bipartisan endeavor. After all, But then came the disappointment. that the Department can pursue in- our economy, our infrastructure, and The Senate was informed that the vestments to harden the security of our Nation’s families need and deserve chairman of the Ways and Means Com- transit systems by investing in addi- a good transportation bill, one that mittee has recommended that the tional law enforcement, canine teams, will create good jobs and provide the House of Representatives ‘‘blue-slip’’ and training. investments in our Nation’s infrastruc- this legislation, returning the measure The legislation invests an additional ture that are so desperately needed. I to the Senate. But the funding will $56 million to the Emergency Manage- am hopeful that we can do better, that help to protect this country from at- ment Performance Grants program to we will renew our efforts and continue tack, and we should not allow congres- help emergency managers at the state to work as hard as possible to find the sional turf battles to stop it. and community level to prepare, re- Congressman MARTIN OLAV SABO, the bipartisan solution that has been so spond, and recover from all hazards. elusive. And I hope that we can reach ranking member of the House Appro- that compromise sooner rather than priations Homeland Security Sub- Finally, the bill ensures that $50 mil- later. committee, and I have written to the lion goes to high-risk non-profit orga- I yield the floor. Speaker of the House and urge that the nizations to develop security plans and f Speaker help to move this legislation make necessary improvements to pre- forward. We ought to send it to con- vent a terrorist attack. HOMELAND SECURITY NEEDS A ference, complete our work, and help to GREEN LIGHT, NOT A BLUE SLIP The Department of Homeland Secu- protect our country. Delay is unaccept- rity is working day and night to stop Mr. BYRD. Mr. President, last week, able. potential terrorist attacks. But the De- the Senate approved overwhelmingly The additional funding provides partment cannot operate if it does not the fiscal year 2005 Homeland Security needed investments to protect our bor- have any money. We cannot wait to ad- Appropriations bill. This bill makes ders, equip first responders, enhance dress gaps in our nation’s defenses critical investments in our protections air and rail security, and ensure that while this new department is crafted. here at home. And in light of the con- security measures are provided to Terrorists will not wait to attack stant threat warnings from law en- harden potential terrorism targets. anew. forcement and homeland security offi- Specifically, the additional funding cials, those investments cannot be will allow Customs and Border Protec- We cannot afford delay. The Senate made quickly enough. Yet it has been tion to purchase additional radiation has passed this critical legislation; now 10 days since the Senate passed the detectors to respond to the threat of a it requires the approval of the entire measure and the House has not even nuclear or radiological weapon being Congress. This bipartisan legislation appointed conferees. smuggled into this country. CBP is far must move quickly to bolster our Why has any progress toward pro- behind on its plan for deploying 2,037 weaknesses, address our shortfalls, and tecting the people hit a brick wall? The radiation portal monitors at our ports. protect American lives. legislation is in jeopardy because of The additional $50 million provided by I urge the Speaker, and the chairman the judgment of the chairman of the this amendment will allow CBP to de- of the House Ways and Means Com- House Ways and Means Committee. I ploy radiation portal monitors to mittee to drop this threat of delay. The do not intend to talk about the chair- screen 100 percent of inbound contain- President, the Vice President, the Sec- man in a negative light. But I must erized cargo at 30 additional seaport retary of Homeland Security, the At- point out to Senators that the chair- terminals. torney General, the CIA Director, and man’s actions could jeopardize the en- This investment will provide Immi- the FBI Director have each stated tire Homeland Security Appropriations gration and Customs Enforcement with quite clearly that the country is at bill. an additional $50 million to address a risk of attack. It serves no one’s best During Senate debate, Democrat and manpower shortage within the Federal interests to bicker over turf battles Republican Senators worked to invest Air Marshal program and be more ag- when lives are at stake. For the sake of additional dollars in homeland secu- gressive in placing air marshals on the people, for the sake of the nation, rity. We must work to close the gaps in high-interest flights. I urge the House to strengthen the our protections here at home. Too The funding being stymied in the homeland security protections and many exist, and you can be sure that, House would increase resources to make life more difficult for the terror- if we know where those gaps are, so do equip and train our nation’s firemen by ists. Don’t blue-slip this funding. Green the terrorists. providing an additional $50 million light it instead.

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.002 S24PT1 S9670 CONGRESSIONAL RECORD — SENATE September 24, 2004 WORKING FAMILIES TAX RELIEF children a safer world, we must take est disaster in Haiti, in which over ACT the long view in this struggle, and we 1,000 were killed in severe flooding Mr. KOHL. Mr. President, I rise to must find ways to regain the kind of caused by Tropical Storm Jeanne, has discuss the conference report passed international support and resolve that only intensified the suffering Haitians yesterday by the Senate, the Working emerged in the aftermath of the 9/11 at- face on a daily basis from political in- Families Tax Relief Act of 2004. I sup- tacks. That support—so critical to any security and extreme poverty. This ported this legislation, which will con- effort to deny terrorists sanctuary, to tragedy underscores the need for the tinue tax relief for thousands of mid- unravel their financial networks, and international community to make a se- dle-class families in Wisconsin and to effectively piece together the intel- rious and sustained commitment to the across the country. Most importantly, ligence picture that can reveal their future of Haiti. this bill provides for the extension of plans and weaknesses—has dipped dra- As the ranking member of the Senate the $1,000 child tax credit, marriage matically in recent years, and we have Foreign Relations Committee’s Sub- penalty relief, and the 10 percent sustained terrible losses of an extraor- committee on African Affairs, I am es- bracket. The bill also includes exten- dinarily valuable type of American pecially pleased that this bill provides sions important to business, such as power: our power to persuade, to lead, $5 million to establish pilot programs the Research and Development tax and to inspire. Throwing our support in the Democratic Republic of the credit, which expired in June of this behind citizens fighting corruption Congo, Uganda, Burundi, and Liberia year. Finally, the bill includes an ac- abroad, helping to strengthen networks to address sexual and gender-based vio- celeration of the increase from 10 to 15 committed to fighting international lence. My office worked with the ap- percent of refundability in the child crime, investing in the future by sup- propriators on this important provi- credit, a provision that helps the fami- porting child survival and health ini- sions. I also strongly support provisions in lies who need it most. The end of the tiatives—all of these efforts, if pursued the bill calling for improvements in fiscal year is in sight, and the expira- wisely, can help create a more secure the human rights situation in Uganda, tion of these cuts would negatively im- world for the next generation. and particularly calling for greater ef- pact middle-class families throughout In this context, it is important to forts devoted to civilian protection and the country. I supported this legisla- note that the entire Foreign Oper- child protection in the North. These tion because I believe it is the responsi- ations Appropriations bill amounts to provisions dovetail with the Northern bility of Congress to do its best to pro- less than the amount that the U.S. has Uganda Crisis Response Act, a bill I au- vide economic stability for hard- already appropriated for reconstruc- thored which was passed by the Senate working American families. tion projects in just one country: Iraq. and House and signed into law this However, by passing this legislation, When I reflect on this disparity, and summer. Congress is also failing in its responsi- then reflect on the fact that resources bility to our troops. Under current law, in this bill are in many cases stretched f very thin—for example, the appropri- many soldiers are unable to claim the CONTINUING CARE FOR ators, who I know strongly support the Earned Income Credit or the child tax RECOVERING FAMILIES ACT credit because combat pay is excluded Peace Corps, were unable to meet the administration’s requested funding Mr. KENNEDY. Mr. President, one of from the definition of earned income. the greatest domestic challenges facing Members of the conference had an op- level for that important program—I am concerned about the balance and focus our country today is the soaring cost of portunity to permanently solve this health care. It is a serious problem for oversight in current law—despite of U.S. policy in the midst of what is a truly global struggle against the ter- millions of families. But when the chief Democratic efforts, the conference re- income earner in a family suddenly be- port only solves the problem for two rorists who attacked this country. I strongly support the provisions in comes unemployed, the problem can be years. Without a permanent solution, this bill that provide resources for the critical, and we give a helping hand. men and women serving on the front fight against HIV/AIDS, and believe We give them the opportunity to con- lines could potentially see a tax in- that the U.S. must continue to ramp up tinue their coverage through their em- crease in 2006. I believe Congress has a assistance—and to ensure that this as- ployer for a reasonable period. Fami- responsibility to these brave men and sistance is effective—to honor the com- lies who lost loved ones on September women, and I hope we fulfill it before mitments that the President has made 11 deserve the same opportunity until the end of the year. to the millions around the world strug- they can land on their feet again. This legislation is far from perfect. gling with this horrific pandemic. The Continuing Care for Recovering However, I believe that the benefits it I am pleased that this bill fully funds Families Act I introduced yesterday will provide to middle class families the President’s request for assistance with Senator LAUTENBERG and Senator across America are essential in today’s for Israel, as well as requests for CLINTON recognizes that many of the economy. I thank my colleagues. Egypt, Jordan, Afghanistan and Paki- September 11 families are still strug- f stan. While the U.S. relationship with gling to recover and we have an obliga- each of these important countries is tion to assist them. FOREIGN OPERATIONS complex, there can be no question that Some of the families have found ways APPROPRIATIONS continued U.S. investment in the fu- to cover their health costs by pur- Mr. FEINGOLD. Mr. President, I am ture of these states makes good sense. chasing private insurance or obtaining pleased to support the fiscal year 2005 I continue to have concerns about grant assistance on their own. For oth- Foreign Operations Appropriations bill. the assistance provided to Colombia ers, employers have agreed to provide Recently, the release of the 9/11 Com- under the Andean Counterdrug Initia- coverage. For still other families, how- mission report gave us all reason to re- tive because of ongoing reports of ever, the safety net is about to fall double our efforts to focus on the im- human rights violations by armed apart, because their coverage is about portance of the foreign policy and for- groups in Colombia and links between to expire under COBRA—the temporary eign assistance priorities that are ad- paramilitary groups and the Colombian low-cost continuation of coverage dressed in this bill. The commission’s Armed Forces. I hope that the adminis- available under current Federal law for intelligence reform proposals have tration will take seriously the provi- those who change their job, lose their been the focus of most of the media at- sions in this bill conditioning the obli- job, or for families that lose their chief tention surrounding the 9/11 report, but gation of much of this assistance on income earner through death. the commission’s call for more focused, whether human rights, alternative de- The Continuing Care for Recovering effective ways to attack the terrorists velopment, and fumigation require- Families Act will give spouses and and their organizations, and, critically, ments are met. children of victims of September 11 the to prevent the continued growth of I am pleased that an amendment I ability to purchase or continue to pur- Islamist terrorism, deserve equally in- cosponsored, expressing the need for chase coverage under COBRA indefi- tense examination and certainly de- international support for the people of nitely, as long as they enroll within 120 serve action. If we are to leave our Haiti, was included in this bill. The lat- days after passage of the act or 120

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.005 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9671 days after they lose their COBRA cov- from assault weapons like the one used being formally charged with any crime. erage. Eligibility for the program in the attack on Officer Hubert. During this period, the Bush adminis- would expire only if they enroll in a Last week, Sarah Brady, the wife of tration argued that it could deny private insurance plan or become eligi- Jim Brady who was shot in John Hamdi, a U.S. citizen, due process and ble for Medicare. Hinckley’s attempted assassination of detain him indefinitely. In June, the The families of September 11 have President Reagan, issued an open letter Supreme Court struck down the admin- shown great courage and extraordinary to President Bush expressing dis- istration’s assertion of unchecked exec- resilience. But we still have much appointment in his decision to allow utive power, ruling that Hamdi had the more to do to help them on their long the assault weapons ban to expire. right to challenge his detention. Rath- and arduous road to recovery, and I Mr. President, I hope that in the re- er than proceed in court, the Justice hope very much that we can pass this maining days of the 108th Congress the Department now says that it will re- legislation this year. It will only affect Republican leadership and the Presi- lease Hamdi, who will renounce his a small number of families. But for dent will reverse course and act to ex- U.S. citizenship and join his family in them, it will make a world of a dif- tend the assault weapons ban. Saudi Arabia. ference. I ask unanimous consent that Sarah The Justice Department has claimed f Brady’s letter to President Bush be that Hamdi fought with the Taliban printed in the RECORD. and posed a threat to our national se- KEEP OUR PROMISE There being no objection, the mate- curity. Hamdi claimed that he was an Mr. LEVIN. Mr. President, as the as- rial was ordered to be printed in the innocent captured in Afghanistan by sault weapons ban expired last Mon- RECORD, as follows: the Northern Alliance. We simply do day, one of our Nation’s law enforce- not know the truth. But, as the Rut- SEPTEMBER 14, 2004. ment officers was recovering in a DEAR PRESIDENT BUSH: I cannot begin to land Herald correctly points out in its Miami, FL hospital from two gunshot express my disappointment in your decision editorial Thursday, that is what trials wounds inflicted by an AK–47 rifle. Ac- to let the Assault Weapons Ban expire yes- are for. If Hamdi was a combatant, or cording to the Brady Campaign, all terday. a civilian caught up in a combat zone, models of this make of assault rifle Four years ago you said you supported re- he should have been treated in accord- were prohibited at the time of the at- newal of the assault weapons ban, though ance with the Geneva Conventions, tack, but are now legal due to the expi- you made it clear that you were generally which provide for the treatment of sol- opposed to reasonable gun violence preven- ration of the assault weapons ban on tion laws. I was very happy to hear you say diers and civilians in wartime. If September 13. it then, because it was a sensible position, Hamdi committed a crime, he should Last Monday, the Miami Herald re- and one long supported by such conservative have been charged and tried. The tim- ported that on September 12, 2004 leaders as Ronald Reagan and Barry Gold- ing of his release is curious. Three Miami-Dade Police Officer Keenya Hu- water. As a lifelong Republican, it gave me months after the Supreme Court re- bert was on a routine patrol when she hope that my party would move away from jected the administration’s refusal to heard gunshots fired in a nearby neigh- the knee-jerk tendency to oppose whatever grant Hamdi due process, the Justice borhood. She spotted a suspicious vehi- the gun lobby said Republicans should op- Department suddenly determined that cle leaving the area, called for backup, pose. Now, these guns, designed by military sci- Hamdi no longer posed a threat. Now it and pulled the vehicle over. Suddenly, entists to inflict the maximum level of dam- will release a person it previously the driver got out of his vehicle and age to human beings, are back on our claimed was so dangerous that he had fired nearly two-dozen bullets at Offi- streets. to be held for years in a military brig, cer Hubert and her police car using an You have broken your promise to the mainly in solitary confinement. AK–47 assault rifle. One of those bul- American people and you should be ashamed. The Attorney General relied on pow- lets struck Officer Hubert in the shoul- Jim and I loved Ronald Reagan, and one of erful rhetoric to defend the Depart- der and another grazed her forehead. the main reasons we loved him was that he ment’s record. He liked to say that no Later in the week a man was arrested was always, always, true to his word. one had successfully challenged the This law worked, and it saved lives. It in connection with this attack. Press saved the lives of police officers and chil- Government’s use of authority under reports indicate the man had been pre- dren. You cast your support aside for a polit- the PATRIOT Act and that no court viously convicted of attacking two ical endorsement. We all pay prices in life had found the Government had over- other police officers in 1997. for our actions. I hope the American people reached. Since the Supreme Court deci- Unfortunately, assault rifles like the will make you pay a price for this decision. sions on Hamdi and related cases last one reportedly used in the attack on In your current campaign, you are pledg- summer, it has become harder for him Officer Hubert’s life as well as many ing to keep America safe. But your conscious to make such claims. Those Court deci- other similar assault weapons are once decision to let this ban expire has placed us sions do not stand alone in defining the all in jeopardy. again being legally produced and sold The expiration of this law is temporary. It Department’s level of success, however. as a result of the expiration of the as- will be renewed: It is only a matter of how The list of reversals of this Adminis- sault weapons ban. The ban also in- long it will take to renew it. There is still tration’s policies and practices has be- cluded firearms that can accept de- time for you to show leadership, do the right come extensive. From the Depart- tachable magazines and have more thing, and restore this law. But know that ment’s involvement in rewriting our than one of several specific military Jim and I will continue our efforts to restore country’s adherence to the Geneva features, such as a folding/telescoping the ban, with or without your help. And we Convention and the Convention stock, protruding pistol grip, bayonet will succeed. Lives are hanging in the bal- Against Torture, which contributed to ance. mount, threaded muzzle or flash sup- Mr. President, step forward and do the the breakdown at the Abu Ghraib pris- pressor, barrel shroud or grenade right thing. on and elsewhere, to the Supreme launcher. Common sense tells us that Sincerely, Court’s rejection of the administra- there is no reason for civilians to have SARAH BRADY. tion’s Guantanamo practices, there is easy access to guns with these fea- f much that needs attention and correc- tures. tion. In 1994, I voted for the assault weap- RELEASE OF YASER HAMDI Indeed, the Justice Department has ons ban and in March of this year I Mr. LEAHY. Mr. President, at a hear- accumulated one loss after another in joined a bipartisan majority of the ing Wednesday before the Judiciary terrorism cases. In recent weeks, we Senate in voting to extend the ban for Committee, I asked some tough ques- have witnessed the unraveling of the 10 years. Unfortunately, despite the tions about the record of the Depart- Department’s first post-September 11 overwhelming support of the law en- ment of Justice in prosecuting ter- prosecution of a terrorist sleeper cell forcement community, the ongoing rorism cases. Later that day, the De- in Detroit. This followed on the heels threat of terrorism, and bipartisan sup- partment announced the imminent re- of a growing list of losses and question- port in the Senate, neither the Presi- lease of Yaser Esam Hamdi, the so- able cases, including the wrongful ar- dent nor the Republican Congressional called ‘‘enemy combatant’’ who has rest of a Portland attorney based on a leadership acted to protect Americans been held for nearly 3 years without fingerprint mismatch; the acquittal of

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.033 S24PT1 S9672 CONGRESSIONAL RECORD — SENATE September 24, 2004 a Saudi college student who was Padilla was arrested—as if the Govern- fair trial. Unrestrained by these rights, the charged with providing material sup- ment had miraculously averted a radio- government could jail any one of us on the port to terrorists; the release on bail of active ‘‘dirty bomb’’ from being deto- flimsiest of excuses—or with no excuses. two defendants in Albany, NY, after It was a shocking event when the Bush ad- nated in our heartland. As Deputy At- ministration claimed it had the power to the Government admitted having torney General James Comey rep- deny Hamdi all of those rights. The claim mistranslated a key piece of evidence— resented to the Federal courts a few was not made on the basis of any evidence or the evidence referred to one defendant months ago, the Government no longer charge. Bush was asserting he had the right as ‘‘brother,’’ not ‘‘commander,’’ as even contends that Mr. Padilla was en- to declare anyone he saw fit to be an enemy originally represented; the collapse of gaged in a ‘‘dirty bomb’’ plot. We have combatant and to lock him or her up with no all charges against Muslim chaplain, yet to see criminal charges against trial, no charges, no legal representation. James Yee, an Army Captain who him, but I hope that we will. The At- Hamdi was just one man; there is one served at Guantanamo and was origi- other, Jose Padilla, who is being held on torney General always finds time to similar charges. But the power arrayed nally accused of espionage; and the Su- announce allegations and dangers to against him was the power of a police state— preme Court’s repudiation of the ad- frighten the American people but never until the Supreme Court stepped in. ministration’s claim that it can hold seems to have time to be accountable In June, the court ruled, 8-1, that Bush did citizens indefinitely as ‘‘unlawful com- when those specters prove false, when not have the power to discard the Constitu- batants,’’ without access to counsel or criminal cases can not be made, or tion and that Hamdi had the right to contest family. In addition to announcing its when the Government has overreached his detention. It was a victory celebrated by decision to release Hamdi 2 days ago, or when innocent Americans have been civil libertarians of the left and the right. Then on Wednesday the government an- the Government also folded its case unfairly accused. nounced it would release Hamdi to Saudi against Ahmad al Halabi, a Senior Air- We will soon be asked to give the Arabia, where he would rejoin his family, man who served as a translator at Government more tools, more powers, and he would renounce his U.S. citizenship. Guantanamo Bay. Al Halabi once faced and even greater authorities. I hope So for nearly three years the U.S. govern- the death penalty for spying. He ulti- that we will not be asked to add PA- ment, on the say of President Bush, held a mately pled guilty to four minor TRIOT Act-related powers to legisla- U.S. citizen in solitary confinement on no charges, such as photographing a guard tion to implement 9/11 Commission rec- charges. The Supreme Court has shown that, tower and taking a classified document in our constitutional system, the judiciary ommendations. The families of 9/11 vic- remains an essential line to protect us to his quarters; other charges were tims have asked us to focus only on against governmental abuse. Authoritarian dropped. those actions endorsed by the Commis- regimes frequently cite dangers to civil The fact is, there have been only a sion. We should honor this request. Be- order as an excuse to round up and jail peo- few real victories in cases that have fore Congress considers granting the ple who are out of favor. In Bush’s hands the brought terrorism charges since 9/11, Government more powers to add to the war on terrorism had become a war on the and these have been overshadowed by Federal arsenal, we must determine Constitution. It appears that, fortunately, seemingly half-hearted prosecutions. which tools are actually being used, this time the Constitution has won. We all remember the antiterrorism and how are they working? Which tools [From the Nation] sweeps that occurred after 9/11. The are subject to abuse, and which need to TAKING LIBERTIES Justice Department detained over 5,000 be modified? I hope that we can start (By David Cole) foreign nationals in those sweeps, but, getting some of those answers. as law professor David Cole points out I ask unanimous consent to print in On September 2, a federal judge in Detroit in an article in the October 4, 2004, edi- threw out the only jury conviction the Jus- the RECORD the Rutland Herald edi- tice Department has obtained on a terrorism tion of The Nation, not a single one of torial and The Nation article I men- charge since 9/11. In October 2001, shortly them was charged with terrorism. tioned earlier. after the men were initially arrested, Attor- Department officials say their record There being no objection, the mate- ney General John Ashcroft heralded the case since the 2001 attacks reflects a suc- rial was ordered to be printed in the in a national press conference as evidence of cessful strategy of catching suspected RECORD, as follows: the success of his anti-terror campaign. The indictment alleged that the defendants were terrorists before they can launch dead- [From the Rutland Herald, Sept. 23, 2004] ly plots, even if that involves charging associated with Al Qaeda and planning ter- CONSTITUTIONAL VICTORY them with lesser crimes. I certainly rorist attacks. But Ashcroft held no news will not contest that lesser crimes are One of the most alarming abuses in Presi- conference in September when the case was dent Bush’s war on terrorism has come to a dismissed, nor did he offer any apologies to being charged. According to the Trans- peculiar resolution. On Wednesday the gov- the defendants who had spent nearly three actional Records Access Clearinghouse ernment announced it would release Yaser years in jail. That wouldn’t be good for his (TRAC), of the approximately 184 cases Hamdi from custody. boss’s campaign, which rests on the ‘‘war on disclosed as ‘‘international terrorism’’ Hamdi is an American citizen, born in Lou- terrorism.’’ Here, as in Iraq, Bush’s war is matters, 171 received a sentence of one isiana, and an Arab whose family lives in not going a well as he pretends. year or less. But is that making us Saudi Arabia. U.S. forces gained custody of The Detroit case was extremely weak from safer? What exactly happens to a sus- Hamdi when Northern Alliance officials the outset. The government could never pected terrorist who spends 6 months handed him over during the war in Afghani- specify exactly what terrorist activity was stan. The U.S. military was rounding up allegedly being planned and never offered in prison and then is deported to his Taliban fighters, and Hamdi ended up in any evidence linking the defendants to Al country of origin in the midst of a war Guantanamo, Cuba. Qaeda. Its case consisted almost entirely of a that has no end in sight? Does it really Hamdi said he was wrongfully captured by pair of sketches and a videotape, described squelch deadly plots? the Northern Alliance in northern Afghani- by an FBI agent as ‘‘casing materials’’ for a The administration has yet to answer stan and was wrongfully imprisoned by the terrorist plot, and the testimony of a witness pointed questions about the deporta- U.S. military. But the Bush administration of highly dubious reliability seeking a gen- tion of Nabil al-Marabh to Syria, a na- viewed him as an ‘‘enemy combatant,’’ a des- erous plea deal. It now turns out that the tion that is a state sponsor of ter- ignation that led to the government’s as- prosecution failed to disclose to the defense serted claim that it had the power to rob evidence that other government experts did rorism. Al-Marabh was at one time Hamdi of all his rights. not consider the sketches and videotape to Number 27 on the FBI’s list of Most It is unknown whether Hamdi is telling the be terrorist casing materials at all and that Wanted Terrorists, and experienced truth when he says he had nothing to do the government’s key witness had admitted prosecutors wanted to indict him. Why with the Taliban and was not involved in the to lying. was he released? According to court Afghan war. In America that is what trials Until that reversal, the Detroit case had records, Al-Marabh shared an address are for. Until found guilty of a crime, sus- marked the only terrorist conviction ob- with defendants in the Detroit case pects are presumed innocent and are pro- tained from the Justice Department’s deten- who are now facing only document tected by an array of constitutional rights. tion of more than 5,000 foreign national in These rights ought to be cherished by antiterrorism sweeps since 9/11. So fraud charges. What is going on here? every American. Otherwise each person is Ashcroft’s record is 0 for 5,000. When the At- We still await the resolution of the vulnerable to government abuse. These in- torney General was locking these men up in case against Jose Padilla. The Attor- clude the right to legal representation, the the immediate wake of the attacks, he held ney General made a frightening an- right to know the charges one is facing, the almost daily press conferences to announce nouncement from Moscow when Jose right to bail, and the right to a speedy and how many ‘‘suspected terrorists’’ had been

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.035 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9673 detained. No press conference has been forth- INTRODUCTION OF BILLS AND As you may know, southern Nevada coming to announce that exactly none of JOINT RESOLUTIONS is one of the most rapidly growing re- them have turned out be actual terrorists. gions of the country. For some time Meanwhile, despite widespread recognition The following bills and joint resolu- tions were introduced, read the first now, growth has been progressing out that Abu Ghraib has done untold damage of Las Vegas, over the mountains, and worldwide to the legitimacy of the fight and second times by unanimous con- against terrorism, the military has still not sent, and referred as indicated: into nearby surrounding areas. The Pahrump Valley in Nye County is one charged any higher-ups in the Pentagon, and By Mr. REID (for himself and Mr. EN- the Administration has shown no inclination SIGN): such area that is growing. However, to appoint an independent commission to in- S. 2846. A bill to provide for the convey- Nye County does not have a single in- vestigate. It prefers to leave the investiga- ance of certain Bureau of Land Management stitution of higher learning to serve its tion to the Justice Department and the Pen- land in the State of Nevada to the University now more than 33,000 residents. tagon, the two entities that drafted secret and Community College System of Nevada, This bill would set the stage to legal memos defending torture. and for other purposes; to the Committee on change that. The land conveyed by this And in late July, resurrecting the ideolog- Energy and Natural Resources. bill would become the home of a col- ical exclusion practices so familiar form the f lege campus with facilities shared cold war, the Department of Homeland Secu- among the Community College of rity revoked a work visa for a prominent SUBMISSION OF CONCURRENT AND Southern Nevada, Nevada State Col- Swiss Islamic scholar who had been hired by SENATE RESOLUTIONS Notre Dame for an endowed chair in its lege, and the Nye County School Dis- International Peace Studies Institute, DHS The following concurrent resolutions trict. invoked a Patriot Act provision that, like and Senate resolutions were read, and In other States, educational systems the McCarran-Walter Act of the cold war, au- referred (or acted upon), as indicated: can acquire land to accommodate thorizes exclusion based purely on speech. If By Mr. VOINOVICH: growth relatively easily. In Nevada, a person uses his position of prominence to S. Res. 435. A resolution congratulating the where the Federal government owns 87 ‘‘endorse’’ terrorism or terrorist organiza- Croation Fraternal Union of America on its percent of the land, even a new college tion, the Patriot Act says, he may not enter 110th anniversary; to the Committee on the campus requires an Act of Congress. the United States. The McCarran-Walter Judiciary. Act, on the books until its repeal in 1990, was The college campus that this bill used to exclude such ‘‘subversives’’ as f would enable will become an excep- tional asset not only to the citizens of Czeslaw Milosz and Graham Greene. This ADDITIONAL COSPONSORS time the man whose views are too dangerous Nye County, but to all Nevadans and for Americans to hear firsthand is Tariq S. 556 ultimately to the Nation as a whole. Ramadan, a highly respected intellectual At the request of Mr. CAMPBELL, the Mr. President, I ask unanimous con- and author of more than twenty books who name of the Senator from North Da- sent that the text of the bill be printed was named by Time magazine as one of the kota (Mr. DORGAN) was added as a co- in the RECORD. hundred most likely innovators of the twen- There being no objection, the bill was ty-first century. sponsor of S. 556, a bill to amend the Indian Health Care Improvement Act ordered to be printed in the RECORD, as Notre Dame is not known as a hotbed of Is- follows: lamic extremism—and Ramadan is no ex- to revise and extend that Act. S. 2846 tremist. He argues for a modernized version S. 2671 of Islam that promotes tolerance and wom- At the request of Mr. SMITH, the Be it enacted by the Senate and House of Rep- en’s rights. Two days after 9/11 he called on name of the Senator from Alaska (Ms. resentatives of the United States of America in Congress assembled, fellow Muslims to condemn the attacks. In MURKOWSKI) was added as a cosponsor SECTION 1. SHORT TITLE. short, Ramadan is precisely the kind of mod- of S. 2671, a bill to extend temporary erate voice in Islam that the United States This Act may be cited as the ‘‘Nye County should be courting if it hopes to isolate Al State fiscal relief, and for other pur- Higher Education Campus Conveyance Act’’. Qaeda. The barring of Ramadan reinforces poses. SEC. 2. DEFINITIONS. the sense that the Administration cannot or S. 2789 (a) DEFINITIONS.—In this Act: will not distinguish between moderates and At the request of Mr. BROWNBACK, the (1) CHANCELLOR.—The term ‘‘Chancellor’’ extremists and is simply anti-Muslim. name of the Senator from Pennsyl- means the Chancellor of the University sys- tem. What is most troubling is that none of vania (Mr. SPECTER) was added as a co- these developments—the revelation of pros- (2) COUNTY.—The term ‘‘County’’ means sponsor of S. 2789, a bill to reauthorize the County of Nye, Nevada. ecutorial abuse in the interest of obtaining a the grant program of the Department ‘‘win’’ in the war on terrorism; the con- (3) COLLEGE.—The term ‘‘College’’ means tinuing failure to hold accountable those of Justice for reentry of offenders into the Nye County Nevada Higher Education most responsible for the torture at Abu the community, to establish a task Campus in Pahrump Valley, Nevada, a com- Ghraib; and the exclusion of a moderate force on Federal programs and activi- ponent of the University system. Muslin as too dangerous for Americans to ties relating to the reentry of offenders (4) FEDERAL LAND.—The term ‘‘Federal hear—is an isolated mistake. Rather, they into the community, and for other pur- land’’ means the parcel of Bureau of Land are symptoms of a deeper problem. The Management land identified on the map as poses. 1 1 1 President thinks he can win this war by the N ⁄2 (excluding the NW ⁄4NW ⁄4) of sec. 2 of ‘‘acting tough’’ and treating the rule of law f T. 21 S., R. 54 E. (5) MAP.—The term ‘‘map’’ means the map and constitutional freedoms as optional. STATEMENTS ON INTRODUCED With enough fearmongering, that attitude entitled ‘‘Southern Nevada Public Land may win him the election. But it will lose BILLS AND JOINT RESOLUTIONS Management Act’’ and dated October 1, 2002. the war. Bush is playing right into Al By Mr. REID (for himself and Mr. (6) STATE.—The term ‘‘State’’ means the State of Nevada. Qaeda’s hands by further alienating those we ENSIGN): most need on our side. (7) UNIVERSITY SYSTEM.—The term ‘‘Uni- S. 2846. A bill to provide for the con- versity system’’ means the University and veyance of certain Bureau of Land Community College System of Nevada. f Management land in the State of Ne- SEC. 3. CONVEYANCE TO THE UNIVERSITY AND vada to the University and Community COMMUNITY COLLEGE SYSTEM OF MEASURES PLACED ON THE College System of Nevada, and for NEVADA. CALENDAR other purposes; to the Committee on (a) IN GENERAL.—Notwithstanding the Fed- eral Land Policy and Management Act of Energy and Natural Resources. The following bills were read the sec- 1976 (43 U.S.C. 1701 et seq.) and section 1(c) of ond time, and placed on the calendar: Mr. REID. Mr. President, I rise today the Act of June 14, 1926 (commonly known as for myself and Senator ENSIGN to in- the ‘‘Recreation and Public Purposes Act’’) S. 2844. A bill to designate Poland as a pro- troduce the Nye County Higher Edu- (43 U.S.C. 869(c)), not later than 1 year after gram country under the visa waiver program the date on which a survey defining the offi- established under section 217 of the Immigra- cation Campus Conveyance Act. This bill would transfer 280 acres of federal cial metes and bounds of the Federal land is tion and Nationality Act. approved by the Secretary, the Secretary S. 2845. A bill to reform the intelligence land in Nye County, NV, to the Univer- shall convey to the University system with- community and the intelligence and intel- sity and Community College System of out consideration, all right, title, and inter- ligence-related activities of the United Nevada for a much-needed college cam- est of the United States in and to the Fed- States Government, and for other purposes. pus. eral land for use as a campus for the College.

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.008 S24PT1 S9674 CONGRESSIONAL RECORD — SENATE September 24, 2004 (b) CONDITIONS.— S. RES. 435 committee on Fisheries, Wildlife, and (1) IN GENERAL.—As a condition of the con- Whereas the Croatian Fraternal Union of Water be authorized to meet on Friday, veyance under subsection (a), the Chancellor America will celebrate its 110th anniversary September 24, 2004 at 9 a.m. to conduct shall agree in writing— on Sunday, September 26, 2004; an oversight hearing to review State (A) to pay any administrative costs associ- Whereas on September 2, 1894, Mr. Zdravko and private programs for sage grouse ated with the conveyance, including the cost V. Muzina established the Croatian Fra- of any environmental, wildlife, cultural, or ternal Union in old Allegheny City, Pennsyl- conservation. historical resources studies; vania; The hearing will be held in SD 406. (B) to use the Federal land conveyed for Whereas the Croatian Fraternal Union f educational and recreational purposes; began as a means to establish an insurance (C) to release and indemnify the United society to provide coverage for its members LEGISLATIVE BRANCH States from any claims or liabilities which and their families; APPROPRIATIONS ACT, 2005 may arise from uses that are carried out on Whereas the Croatian Fraternal Union of On Tuesday, September 21, 2004, the the Federal land on or before the date of en- America is the largest Croatian organization Senate passed H.R. 4755, as follows: actment of this Act by the United States or outside of the Republic of Croatia, with tens any person; of thousands of members in the United H.R. 4755 (D) as soon as practicable after the date of States; and Resolved, That the bill from the House of the conveyance under subsection (a), to erect Whereas the members of the Croatian Fra- Representatives (H.R. 4755) entitled ‘‘An Act at the College an appropriate and centrally ternal Union remain active and engaged in making appropriations for the Legislative located monument that acknowledges the efforts to provide their members with a se- Branch for the fiscal year ending September conveyance of the Federal land by the cure foundation celebrating their Croatian 30, 2005, and for other purposes.’’, do pass United States for the purpose of furthering heritage: Now, therefore, be it with the following amendments: the higher education of citizens in the State; Resolved, That the Senate— Ω1æPage 2, after line 5, insert the following: and (1) recognizes the Croatian Fraternal SENATE (E) to assist the Bureau of Land Manage- Union of America on the occasion of its 110th EXPENSE ALLOWANCES ment in providing information to the stu- anniversary; and dents of the College and the citizens of the (2) congratulates the members of the Cro- For expense allowances of the Vice President, State on— atian Fraternal Union on reaching this sig- $20,000; the President Pro Tempore of the Sen- (i) public land in the State; and nificant milestone. ate, $20,000; Majority Leader of the Senate, (ii) the role of the Bureau of Land Manage- $20,000; Minority Leader of the Senate, $20,000; Mr. VOINOVICH. Mr. President, I Majority Whip of the Senate, $10,000; Minority ment in managing, preserving, and pro- rise today to submit a resolution con- tecting the public land. Whip of the Senate, $10,000; President Pro Tem- gratulating the Croatian Fraternal (2) VALID EXISTING RIGHTS.—The convey- pore emeritus, $7,500; Chairmen of the Majority ance under subsection (a) shall be subject to Union of America on the occasion of its and Minority Conference Committees, $5,000 for all valid existing rights. 110th anniversary. each Chairman; and Chairmen of the Majority (c) USE OF FEDERAL LAND.— This weekend, members of the Cro- and Minority Policy Committees, $5,000 for each (1) IN GENERAL.—The University system atian Fraternal Union will gather in Chairman; in all, $127,500. may use the land conveyed under subsection Pittsburgh, PA to celebrate this sig- REPRESENTATION ALLOWANCES FOR THE (a) for— nificant event. As the CFU prepares for MAJORITY AND MINORITY LEADERS (A) any purpose relating to the establish- this celebration, I would like to extend For representation allowances of the Majority ment, operation, growth, and maintenance of my best wishes to Mr. Bernard and Minority Leaders of the Senate, $15,000 for the College; and Luketich, who serves as President of each such Leader; in all, $30,000. (B) any uses relating to those purposes, in- the CFU, and whom I have had the SALARIES, OFFICERS AND EMPLOYEES cluding residential and commercial develop- ment that would generally be associated pleasure of knowing and working with For compensation of officers, employees, and with an institution of higher education. for many years. others as authorized by law, including agency (2) OTHER ENTITIES.—The University sys- The Croatian Fraternal Union in contributions, $134,440,000, which shall be paid tem may— Ohio, particularly in the Cleveland from this appropriation without regard to the (A) consistent with Federal and State law, area, has for decades promoted the un- following limitations: lease or otherwise provide property or space derstanding and preservation of the OFFICE OF THE VICE PRESIDENT at the College, with or without consider- Croatian heritage. Through its many For the Office of the Vice President, ation, to religious, public interest, commu- cultural festivals, dances and other $2,108,000. nity, or other groups for services and events events, the local lodges have worked to OFFICE OF THE PRESIDENT PRO TEMPORE that are of interest to the College, the Uni- ensure that the Croatian culture has For the Office of the President Pro Tempore, versity system, or any community located in remained strong and vibrant in Ohio. $561,000. the County; I am honored to be a member of the OFFICE OF THE PRESIDENT PRO TEMPORE (B) allow the County or any other commu- EMERITUS nity in the County to use facilities of the Zumberak Lodge 859, and I attend as College for educational and recreational pro- many of the lodge’s events as my For the Office of the President Pro Tempore grams of the County or community; and schedule allows. I fondly remember emeritus, $163,000. (C) in conjunction with the County, plan, taking my own granddaughters to see OFFICES OF THE MAJORITY AND MINORITY finance (including through the provision of the CFU sponsored Tamburitzans per- LEADERS cost-share assistance), construct, and oper- form, because I know it was important For Offices of the Majority and Minority ate facilities for the County on the Federal to expose the next generation to this Leaders, $3,408,000. land for educational or recreational purposes wonderful art form and culture. This is OFFICES OF THE MAJORITY AND MINORITY WHIPS consistent with this section. the sort of important role that the Cro- For Offices of the Majority and Minority (d) REVERSION.—If the Federal land or any atian Fraternal Union’s lodges have Whips, $2,556,000. portion of the Federal land conveyed under COMMITTEE ON APPROPRIATIONS subsection (a) ceases to be used for the Col- filled for the past 110 years, which con- For salaries of the Committee on Appropria- lege, the Federal land or any portion of the tinues today. tions, $13,301,000. Federal land shall, at the discretion of the f Secretary, revert to the United States. CONFERENCE COMMITTEES AUTHORITY FOR COMMITTEES TO For the Conference of the Majority and the f MEET Conference of the Minority, at rates of com- COMMITTEE ON FOREIGN RELATIONS pensation to be fixed by the Chairman of each Mr. CORNYN. Mr. President, I ask such committee, $1,413,000 for each such com- SUBMITTED RESOLUTIONS mittee; in all, $2,826,000. unanimous consent that the Com- OFFICES OF THE SECRETARIES OF THE CON- mittee on Foreign Relations be author- FERENCE OF THE MAJORITY AND THE CON- ized to meet during the session of the SENATE RESOLUTION 435—CON- FERENCE OF THE MINORITY Senate on Friday, September 24, 2004 at GRATULATING THE CROATION For Offices of the Secretaries of the Con- 9:30 a.m. to hold a hearing on the ference of the Majority and the Conference of FRATERNAL UNION OF AMERICA Dutch Tax Treaty. ON ITS 110TH ANNIVERSARY the Minority, $702,000. SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND POLICY COMMITTEES Mr. VOINOVICH submitted the fol- WATER For salaries of the Majority Policy Committee lowing resolution; which was referred Mr. CORNYN. Mr. President, I ask and the Minority Policy Committee, $1,473,000 to the Committee on the Judiciary: unanimous consent that the Sub- for each such committee; in all, $2,946,000.

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.014 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9675

OFFICE OF THE CHAPLAIN (2 U.S.C. 61–1(d)(1)(A)) shall be deemed to be the PENSES.—Upon request of a Senator, amounts in For Office of the Chaplain, $341,000. dollar amounts in that table, as adjusted by law the appropriation account ‘‘Miscellaneous OFFICE OF THE SECRETARY and in effect on September 30, 2004, increased by Items’’ within the contingent fund of the Senate For Office of the Secretary, $19,586,000. an additional $50,000 each. shall be available to pay the reasonable ex- SEC. 2. CONSULTANTS. With respect to fiscal penses of sending or transporting the official OFFICE OF THE SERGEANT AT ARMS AND year 2005, the first sentence of section 101(a) of records and papers of the Senator from the Dis- DOORKEEPER the Supplemental Appropriations Act, 1977 (2 trict of Columbia to any location designated by For Office of the Sergeant at Arms and Door- U.S.C. 61h–6(a)) shall be applied by substituting such Senator in the State represented by the keeper, $50,635,000. ‘‘nine individual consultants’’ for ‘‘eight indi- Senator. OFFICES OF THE SECRETARIES FOR THE MAJORITY vidual consultants’’. (b) SENDING AND TRANSPORTATION.—The Ser- AND MINORITY SEC. 3. UNITED STATES SENATE COLLECTION. geant at Arms and Doorkeeper of the Senate For Offices of the Secretary for the Majority Section 316 of Public Law 101–302 (2 U.S.C. 2107) shall provide for the most economical means of and the Secretary for the Minority, $1,528,000. is amended in the first sentence of subsection (a) sending or transporting the official records and AGENCY CONTRIBUTIONS AND RELATED EXPENSES by striking ‘‘2004’’ and inserting ‘‘2005’’. papers under this section while ensuring the or- For agency contributions for employee bene- SEC. 4. PRESIDENT PRO TEMPORE EMERITUS OF derly and timely delivery of the records and pa- fits, as authorized by law, and related expenses, THE SENATE. Section 7(e) of the Legislative pers to the location specified by the Senator. $33,779,000. Branch Appropriations Act, 2003 (2 U.S.C. 32b (c) OVERSIGHT.—The Committee on Rules and OFFICE OF THE LEGISLATIVE COUNSEL OF THE note) is amended by inserting ‘‘and the 109th Administration shall have the authority to issue SENATE Congress’’ after ‘‘108th Congress’’. rules and regulations to carry out the provisions SEC. 5. TRANSFER OF FUNDS FROM APPROPRIA- For salaries and expenses of the Office of the of this section. TIONS ACCOUNT OF THE OFFICE OF THE VICE Legislative Counsel of the Senate, $5,152,000. (d) OFFICIAL RECORDS DEFINED.—In this sec- PRESIDENT AND THE OFFICES OF THE SECRE- tion, the term ‘‘official records and papers’’ OFFICE OF SENATE LEGAL COUNSEL TARIES FOR THE MAJORITY AND MINORITY TO means books, records, papers, and official files For salaries and expenses of the Office of Sen- THE SENATE CONTINGENT FUND. (a) OFFICE OF which could be sent as franked mail. ate Legal Counsel, $1,265,000. THE VICE PRESIDENT.— (e) EFFECTIVE DATE.—This section shall apply EXPENSE ALLOWANCES OF THE SECRETARY OF (1) IN GENERAL.—Upon the written request of with respect to fiscal year 2005 and each suc- THE SENATE, SERGEANT AT ARMS AND DOOR- the Vice President, the Secretary of the Senate ceeding fiscal year. KEEPER OF THE SENATE, AND SECRETARIES FOR shall transfer from the appropriations account SEC. 8. COMPENSATION FOR LOST OR DAMAGED THE MAJORITY AND MINORITY OF THE SENATE appropriated under the subheading ‘‘OFFICE OF PROPERTY. (a) IN GENERAL.—Any amounts re- THE VICE PRESIDENT’’ under the heading ‘‘SALA- For expense allowances of the Secretary of the ceived by the Sergeant at Arms and Doorkeeper RIES, OFFICERS AND EMPLOYEES’’ such amount Senate, $6,000; Sergeant at Arms and Door- of the Senate (in this section referred to as the as the Vice President shall specify to the appro- keeper of the Senate, $6,000; Secretary for the ‘‘Sergeant at Arms’’) for compensation for dam- priations account under the heading ‘‘ MIS- Majority of the Senate, $6,000; Secretary for the age to, loss of, or loss of use of property of the CELLANEOUS ITEMS’’ within the contingent fund Minority of the Senate, $6,000; in all, $24,000. Sergeant at Arms that was procured using of the Senate. amounts available to the Sergeant at Arms in CONTINGENT EXPENSES OF THE SENATE (2) AUTHORITY TO INCUR EXPENSES.—The Vice the account for Contingent Expenses, Sergeant INQUIRIES AND INVESTIGATIONS President may incur such expenses as may be at Arms and Doorkeeper of the Senate, shall be For expenses of inquiries and investigations necessary or appropriate. Expenses incurred by credited to that account or, if applicable, to any ordered by the Senate, or conducted under sec- the Vice President shall be paid from the subaccount of that account. tion 134(a) of the Legislative Reorganization Act amount transferred under paragraph (1) by the (b) AVAILABILITY.—Amounts credited to any of 1946 (Public Law 97–601), section 112 of the Vice President and upon vouchers approved by account or subaccount under subsection (a) Supplemental Appropriations and Rescission the Vice President. shall be merged with amounts in that account or Act, 1980 (Public Law 96–304), and Senate Reso- (3) AUTHORITY TO ADVANCE SUMS.—The Sec- subaccount and shall be available to the same lution 281, 96th Congress, agreed to March 11, retary of the Senate may advance such sums as extent, and subject to the same terms and condi- 1980, $110,000,000. may be necessary to defray expenses incurred in tions, as amounts in that account or sub- EXPENSES OF THE UNITED STATES SENATE CAUCUS carrying out paragraphs (1) and (2). account. (b) OFFICES OF THE SECRETARIES FOR THE MA- ON INTERNATIONAL NARCOTICS CONTROL (c) EFFECTIVE DATE.—This section shall apply JORITY AND MINORITY.— For expenses of the United States Senate Cau- with respect to fiscal year 2005 and each fiscal (1) IN GENERAL.—Upon the written request of cus on International Narcotics Control, $520,000. year thereafter. the Secretary for the Majority or the Secretary SEC. 9. AGE REQUIREMENT FOR SENATE PAGES. SECRETARY OF THE SENATE for the Minority, the Secretary of the Senate Section 491(b)(1) of the Legislative Reorganiza- For expenses of the Office of the Secretary of shall transfer from the appropriations account tion Act of 1970 (2 U.S.C. 88b–1(b)(1)) is amend- the Senate, $1,700,000. appropriated under the subheading ‘‘OFFICES OF ed by striking ‘‘fourteen’’ and inserting ‘‘six- SERGEANT AT ARMS AND DOORKEEPER OF THE THE SECRETARIES FOR THE MAJORITY AND MINOR- teen’’. SENATE ITY’’ under the heading ‘‘SALARIES, OFFICERS SEC. 10. TREATMENT OF ELECTRONIC SERVICES For expenses of the Office of the Sergeant at AND EMPLOYEES’’ such amount as the Secretary PROVIDED BY SERGEANT AT ARMS. The Office of Arms and Doorkeeper of the Senate, for the Majority or the Secretary for the Minor- the Sergeant at Arms and Doorkeeper of the $127,182,000, of which $20,045,000 shall remain ity shall specify to the appropriations account United States Senate, and any officer, employee, available until September 30, 2007, and of which under the heading ‘‘MISCELLANEOUS ITEMS’’ or agent of the Office, shall not be treated as ac- $4,255,000 shall remain available until September within the contingent fund of the Senate. quiring possession, custody, or control of any 30, 2009. (2) AUTHORITY TO INCUR EXPENSES.—The Sec- electronic mail or other electronic communica- MISCELLANEOUS ITEMS retary for the Majority or the Secretary for the tion, data, or information by reason of its being Minority may incur such expenses as may be For miscellaneous items, $18,326,000, of which transmitted, processed, or stored (whether tem- necessary or appropriate. Expenses incurred by up to $500,000 shall be made available for a pilot porarily or otherwise) through the use of an the Secretary for the Majority or the Secretary program for mailings of postal patron postcards electronic system established, maintained, or op- for the Minority shall be paid from the amount by Senators for the purpose of providing notice erated, or the use of electronic services provided, transferred under paragraph (1) by the Sec- of a town meeting by a Senator in a county (or in whole or in part by the Office. equivalent unit of local government) at which retary for the Majority or the Secretary for the Ω æ the Senator will personally attend: Provided, Minority and upon vouchers approved by the 2 Page 9, strike line 20 and all that follows That any amount allocated to a Senator for Secretary for the Majority or the Secretary for through, Page 21, line 6 and insert the fol- such mailing shall not exceed 50 percent of the the Minority, as applicable. lowing: cost of the mailing and the remaining cost shall (3) AUTHORITY TO ADVANCE SUMS.—The Sec- JOINT ITEMS be paid by the Senator from other funds avail- retary of the Senate may advance such sums as For Joint Committees, as follows: able to the Senator. may be necessary to defray expenses incurred in JOINT ECONOMIC COMMITTEE SENATORS’ OFFICIAL PERSONNEL AND OFFICE carrying out paragraphs (1) and (2). For salaries and expenses of the Joint Eco- EXPENSE ACCOUNT (c) EFFECTIVE DATE.—This section shall apply to fiscal year 2005 and each fiscal year there- nomic Committee, $4,139,000, to be disbursed by For Senators’ Official Personnel and Office after. the Secretary of the Senate. Expense Account, $326,000,000. SEC. 6. ACTIVITIES RELATING TO FOREIGN PAR- JOINT COMMITTEE ON TAXATION OFFICIAL MAIL COSTS LIAMENTARY GROUPS AND FOREIGN OFFICIALS. For salaries and expenses of the Joint Com- For expenses necessary for official mail costs Section 2(c) of chapter VIII of title I of the Sup- mittee on Taxation, $8,476,000, to be disbursed of the Senate, $300,000. plemental Appropriations Act, 1987 (2 U.S.C. by the Chief Administrative Officer of the ADMINISTRATIVE PROVISIONS 65f(c)) is amended in the first sentence by strik- House. SEC. 1. GROSS RATE OF COMPENSATION IN OF- ing ‘‘with the approval of’’ and inserting ‘‘and For other joint items, as follows: FICES OF SENATORS. Effective on and after Octo- upon notification to’’. ber 1, 2004, each of the dollar amounts con- SEC. 7. TRANSPORTATION OF OFFICIAL OFFICE OF THE ATTENDING PHYSICIAN tained in the table under section 105(d)(1)(A) of RECORDS AND PAPERS TO A SENATOR’S STATE. (a) For medical supplies, equipment, and contin- the Legislative Branch Appropriations Act, 1968 PAYMENT OF REASONABLE TRANSPORTATION EX- gent expenses of the emergency rooms, and for

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.017 S24PT1 S9676 CONGRESSIONAL RECORD — SENATE September 24, 2004 the Attending Physician and his assistants, in- (1) in paragraph (3)— (2) in the second sentence— cluding: (1) an allowance of $2,175 per month to (A) in subparagraph (B), by inserting at the (A) by inserting ‘‘or other arms as authorized the Attending Physician; (2) an allowance of end ‘‘The Chief of Police may hire individuals by the Capitol Police Board’’ after ‘‘furnished’’; $725 per month each to four medical officers under this subsection who are not submitted for and while on duty in the Office of the Attending selection under this subparagraph. All hirings (B) by striking ‘‘the Sergeant at Arms of the Physician; (3) an allowance of $725 per month under this subparagraph shall comply with the Senate and the Sergeant at Arms of the House each to two assistants and $580 per month each limitations under this paragraph for any fiscal of Representatives’’ and inserting ‘‘the Capitol to not to exceed 11 assistants on the basis here- year.’’; and Police Board’’. tofore provided for such assistants; and (4) (B) in subparagraph (C), by striking ‘‘(C) SEC. 1006. RELEASE OF SECURITY INFORMA- $1,680,000 for reimbursement to the Department LIMITATION.—’’ and inserting ‘‘(C) LIMITATION TION. (a) DEFINITION.—In this section, the term of the Navy for expenses incurred for staff and FOR FISCAL YEAR 2004.—’’; and ‘‘security information’’ means information equipment assigned to the Office of the Attend- (C) by adding at the end the following: that— (1) is sensitive with respect to the policing, ing Physician, which shall be advanced and ‘‘(D) LIMITATION FOR FISCAL YEAR 2005.— Dur- protection, physical security, intelligence, credited to the applicable appropriation or ap- ing fiscal year 2005, the number of individuals counterterrorism actions, or emergency pre- propriations from which such salaries, allow- hired under this subsection may not exceed— paredness and response relating to Congress, ances, and other expenses are payable and shall ‘‘(i) the number of Library of Congress Police any statutory protectee of the Capitol Police, be available for all the purposes thereof, employees who separated from service or trans- and the Capitol buildings and grounds; and $2,528,000, to be disbursed by the Chief Adminis- ferred to a position other than a Library of Con- (2) is obtained by, on behalf of, or concerning trative Officer of the House of Representatives. gress Police employee position during fiscal year 2004 for whom a corresponding hire was not the Capitol Police Board, the Capitol Police, or CAPITOL GUIDE SERVICE AND SPECIAL SERVICES made under this subsection; and any incident command relating to emergency re- OFFICE ‘‘(ii) the number of Library of Congress Police sponse. For salaries and expenses of the Capitol Guide employees who separate from service or transfer (b) AUTHORITY OF BOARD TO DETERMINE CON- Service and Special Services Office, $3,844,000, to to a position other than a Library of Congress DITIONS OF RELEASE.—Notwithstanding any be disbursed by the Secretary of the Senate: Pro- Police employee position during fiscal year other provision of law, any security information vided, That no part of such amount may be used 2005.’’; and in the possession of the Capitol Police may be to employ more than 58 individuals: Provided (2) in paragraph (4), by striking the first sen- released by the Capitol Police to another entity, further, That the Capitol Guide Board is au- tence and inserting ‘‘Notwithstanding sub- including an individual, only if the Capitol Po- thorized, during emergencies, to employ not section (a)(1)(C), the Chief of the Capitol Police lice Board determines in consultation with other more than two additional individuals for not may detail an individual hired under this sub- appropriate law enforcement officials, experts in more than 120 days each, and not more than 10 section to the Library of Congress Police on a security preparedness, and appropriate commit- additional individuals for not more than 6 nonreimbursable basis. Any individual detailed tees of Congress, that the release of the security months each, for the Capitol Guide Service. under this subsection shall receive necessary information will not compromise the security STATEMENTS OF APPROPRIATIONS training, including training by the Library of and safety of the Capitol buildings and grounds or any individual whose protection and safety is For the preparation, under the direction of Congress Police.’’. under the jurisdiction of the Capitol Police. the Committees on Appropriations of the Senate SEC. 1003. COMPENSATION FOR DAMAGED OR (c) RULE OF CONSTRUCTION.—Nothing in this and the House of Representatives, of the state- LOST PROPERTY. (a) IN GENERAL.—Any amounts section may be construed to affect the ability of ments for the second session of the 108th Con- received by the Capitol Police for compensation the Senate and the House of Representatives gress, showing appropriations made, indefinite for damage to, loss of, or loss of use of property (including any Member, officer, or committee of appropriations, and contracts authorized, to- of the Capitol Police (including any insurance either House of Congress) to obtain information gether with a chronological history of the reg- payments or payment made by an officer or ci- from the Capitol Police regarding the operations ular appropriations bills as required by law, vilian employee of the Capitol Police) shall be and activities of the Capitol Police that affect $30,000, to be paid to the persons designated by credited to the account established for the gen- eral expenses of the Capitol Police, and shall be the Senate and House of Representatives. the chairmen of such committees to supervise (d) REGULATIONS.—The Capitol Police Board available to carry out the purposes of such ac- the work. may promulgate regulations to carry out this count during the fiscal year in which the CAPITOL POLICE section, with the approval of the Committee on amounts are received and the following fiscal Rules and Administration of the Senate and the SALARIES year. Committee on House Administration of the For salaries of employees of the Capitol Po- (b) EFFECTIVE DATE.—This section shall apply lice, including overtime, hazardous duty pay to fiscal year 2005 and each fiscal year there- House of Representatives. (e) EFFECTIVE DATE.—This section shall take differential, and Government contributions for after. effect on the date of enactment of this Act and health, retirement, social security, professional SEC. 1004. PARTICIPATION IN VOLUNTARY apply with respect to— liability insurance, and other applicable em- TRANSFER OF LEAVE WITH OTHER AGENCIES. (a) (1) any remaining portion of fiscal year 2004, ployee benefits, $198,000,000, to be disbursed by IN GENERAL.—The Office of Personnel Manage- if this Act is enacted before October 1, 2004; and the Chief of the Capitol Police or his designee. ment shall apply the regulations prescribed (2) fiscal year 2005 and each fiscal year there- GENERAL EXPENSES under section 6334(c) of title 5, United States after. For necessary expenses of the Capitol Police, Code, to the Capitol Police to provide for the SEC. 1007. ACCEPTANCE OF DONATIONS OF ANI- including motor vehicles, communications and participation of employees of the Capitol Police MALS. (a) IN GENERAL.—The Capitol Police may other equipment, security equipment and instal- in the voluntary transfer of leave between em- accept the donation of animals to be used in the lation, uniforms, weapons, supplies, materials, ployees of different agencies under subchapter canine or equine units of the Capitol Police. training, medical services, forensic services, III of chapter 63 of that title. (b) EFFECTIVE DATE.—This section shall apply stenographic services, personal and professional (b) CERTIFICATION OF LEAVE ACCOUNTS.—For with respect to fiscal year 2005 and each fiscal services, the employee assistance program, the purposes of this section, the Office of Personnel year thereafter. awards program, postage, communication serv- Management shall accept the certification of the SEC. 1008. SETTLEMENT AND PAYMENT OF TORT ices, domestic travel, foreign travel as approved Chief of the Capitol Police of the amount of an- CLAIMS. (a) FEDERAL TORT CLAIMS ACT.— by the Capitol Police Board, travel advances, re- nual leave in the annual leave account of any (1) IN GENERAL.—Except as provided in para- location of instructor and liaison personnel for leave donor or leave recipient who is an em- graph (2) with respect to the Senate, the Chief the Federal Law Enforcement Training Center, ployee of the Capitol Police. of the Capitol Police, in accordance with regula- and not more than $5,000 to be expended on the (c) REGULATIONS.—After consultation with the tions prescribed by the Attorney General and certification of the Chief of the Capitol Police in Chief of the Capitol Police, the Office of Per- any regulations as the Capitol Police Board may connection with official representation and re- sonnel Management may prescribe regulations prescribe, may consider, ascertain, determine, ception expenses, $28,925,000, of which $700,000 to carry out this section. compromise, adjust, and settle, in accordance is to remain available until expended, to be dis- (d) EFFECTIVE DATE.—This section shall apply with the provisions of chapter 171 of title 28, bursed by the Chief of the Capitol Police or his to fiscal year 2005 and each fiscal year there- United States Code, any claim for money dam- designee. after. ages against the United States for injury or loss SEC. 1005. AUTHORIZATION OF WEAPONS. Sec- of property or personal injury or death caused ADMINISTRATIVE PROVISIONS tion 1824 of the Revised Statutes (2 U.S.C. 1941) by the negligent or wrongful act or omission of (INCLUDING TRANSFER OF FUNDS) is amended— any employee of the Capitol Police while acting SEC. 1001. TRANSFER AUTHORITY. Amounts ap- (1) in the first sentence— within the scope of his office or employment, propriated for fiscal year 2005 for the Capitol (A) by striking ‘‘The Sergeant at Arms of the under circumstances where the United States, if Police may be transferred between the headings Senate and the Sergeant at Arms of the House a private person, would be liable to the claimant ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the of Representatives’’ and inserting ‘‘The Capitol in accordance with the law of the place where approval of the Committees on Appropriations Police Board’’; and the act or omission occurred. of the Senate and the House of Representatives. (B) by striking all beginning with ‘‘payable (2) SENATE.— SEC. 1002. LIMITATION ON CERTAIN HIRING AU- out’’ through the period and inserting ‘‘payable (A) IN GENERAL.—With respect to any claim of THORITY OF CAPITOL POLICE. Section 1006(b) of from appropriations to the Capitol Police upon a Senator or an employee whose pay is dis- the Legislative Branch Appropriations Act, 2004 certification of payment by the Chief of the bursed by the Secretary of the Senate, the Chief (Public Law 108–83; 117 Stat. 1023) is amended— Capitol Police.’’; and of the Capitol Police shall—

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.017 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9677 (i) not later than 14 days after the receipt of vided by law; for surveys and studies in connec- vided, That this appropriation shall not be such a claim, notify the Chairman of the Com- tion with activities under the care of the Archi- available for construction of the National Gar- mittee on Rules and Administration of the re- tect of the Capitol; for all necessary expenses for den. ceipt of the claim; and the general and administrative support of the LIBRARY OF CONGRESS (ii) not later than 90 days after the receipt of operations under the Architect of the Capitol in- SALARIES AND EXPENSES such a claim, submit a proposal for the resolu- cluding the Botanic Garden; electrical sub- tion of such claim which shall be subject to the stations of the Capitol, Senate and House office For necessary expenses of the Library of Con- approval of the Chairman of the Committee on buildings, and other facilities under the juris- gress not otherwise provided for, including de- Rules and Administration. diction of the Architect of the Capitol; including velopment and maintenance of the Library’s (B) EXTENSION.—The 90-day period in sub- furnishings and office equipment; including not catalogs; custody and custodial care of the Li- paragraph (A)(ii) may be extended, not to ex- more than $5,000 for official representation and brary buildings; special clothing; cleaning, ceed 90 days, for good cause by the Chairman of reception expenses, to be expended as the Archi- laundering and repair of uniforms; preservation the Committee on Rules and Administration tect of the Capitol may approve; for purchase or of motion pictures in the custody of the Library; upon the request of the Chief of the Capitol Po- exchange, maintenance, and operation of a pas- operation and maintenance of the American lice. senger motor vehicle, $74,063,000, of which Folklife Center in the Library; preparation and (3) HEAD OF AGENCY.—For purposes of section $720,000 shall remain available until September distribution of catalog records and other publi- 2672 of title 28, United States Code, the Chief of 30, 2009. cations of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Li- the Capitol Police shall be the head of a Federal CAPITOL BUILDING agency with respect to the Capitol Police. brary of Congress Trust Fund Board not prop- For all necessary expenses for the mainte- erly chargeable to the income of any trust fund (4) REGULATIONS.—The Capitol Police Board nance, care and operation of the Capitol, may prescribe regulations to carry out this sub- held by the Board, $379,648,000, of which not $24,784,000, of which $8,770,000 shall remain more than $6,000,000 shall be derived from col- section. available until September 30, 2009. (b) CLAIMS OF EMPLOYEES OF CAPITOL PO- lections credited to this appropriation during LICE.— CAPITOL GROUNDS fiscal year 2005, and shall remain available until (1) IN GENERAL.—The Capitol Police Board For all necessary expenses for care and im- expended, under the Act of June 28, 1902 (chap- may prescribe regulations to apply the provi- provement of grounds surrounding the Capitol, ter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more sions of section 3721 of title 31, United States the Senate and House office buildings, and the than $350,000 shall be derived from collections Code, for the settlement and payment of a claim Capitol Power Plant, $6,940,000. during fiscal year 2005 and shall remain avail- able until expended for the development and against the Capitol Police by an employee of the SENATE OFFICE BUILDINGS maintenance of an international legal informa- Capitol Police for damage to, or loss of personal For all necessary expenses for the mainte- property incident to service. tion database and activities related thereto: Pro- nance, care and operation of Senate office vided, That the Library of Congress may not ob- (2) LIMITATION.—No settlement and payment buildings; and furniture and furnishings to be of a claim under regulations prescribed under ligate or expend any funds derived from collec- expended under the control and supervision of tions under the Act of June 28, 1902, in excess of this subsection may exceed $2,000. the Architect of the Capitol, $62,303,000, of (c) RULE OF CONSTRUCTION.—Nothing in this the amount authorized for obligation or expend- which $9,070,000 shall remain available until iture in appropriations Acts: Provided further, section may be construed to affect— September 30, 2009. (1) any payment under section 1304 of title 31, That the total amount available for obligation Ω3æPage 21, strike line 12 and all that follows United States Code, of a final judgement, shall be reduced by the amount by which collec- through, Page 50, line 13 and insert the fol- award, compromise settlement, and interest and tions are less than the $6,350,000: Provided fur- lowing: costs specified in the judgment based on a claim ther, That of the total amount appropriated, against the Capitol Police; or CAPITOL POWER PLANT $11,981,000 shall remain available until ex- (2) any authority for any— For all necessary expenses for the mainte- pended for the partial acquisition of books, peri- (A) settlement under section 414 of the Con- nance, care and operation of the Capitol Power odicals, newspapers, and all other materials in- gressional Accountability Act of 1995 (2 U.S.C. Plant; lighting, heating, power (including the cluding subscriptions for bibliographic services 1414); or purchase of electrical energy) and water and for the Library, including $40,000 to be available (B) payment under section 415 of that Act (2 sewer services for the Capitol, Senate and House solely for the purchase, when specifically ap- U.S.C. 1415). office buildings, Library of Congress buildings, proved by the Librarian, of special and unique (d) EFFECTIVE DATE.—This section shall apply and the grounds about the same, Botanic Gar- materials for additions to the collections: Pro- to fiscal year 2005 and each fiscal year there- den, Senate garage, and air conditioning refrig- vided further, That of the total amount appro- after. eration not supplied from plants in any of such priated, not more than $12,000 may be expended, SEC. 1009. FOREIGN TRAVEL AUTHORIZATION. buildings; heating the Government Printing Of- on the certification of the Librarian of Congress, Notwithstanding any other provision of law and fice and Washington City Post Office, and heat- in connection with official representation and subject to the approval of the Capitol Police ing and chilled water for air conditioning for reception expenses for the Overseas Field Of- Board, the Capitol Police are authorized, in a the Supreme Court Building, the Union Station fices: Provided further, That of the total amount non-law enforcement capacity, to travel with complex, the Thurgood Marshall Federal Judici- appropriated, $1,175,000 shall remain available and assist overseas congressional delegations in ary Building and the Folger Shakespeare Li- until expended for the purpose of teaching edu- a security advisory and liaison role, including brary, expenses for which shall be advanced or cators and librarians how to incorporate the Li- advance security liaison preparations for such reimbursed upon request of the Architect of the brary’s digital collections into school curricula congressional foreign travel. Capitol and amounts so received shall be depos- and shall be transferred to the educational con- sortium formed to conduct the ‘‘Adventure of OFFICE OF COMPLIANCE ited into the Treasury to the credit of this ap- propriation, $60,928,000, of which $2,190,000 the American Mind’’ project as approved by the SALARIES AND EXPENSES shall remain available until September 30, 2009: Library: Provided further, That of the amount For salaries and expenses of the Office of Provided, That not more than $4,400,000 of the appropriated, $500,000 shall remain available Compliance, as authorized by section 305 of the funds credited or to be reimbursed to this appro- until expended, and shall be transferred to the Congressional Accountability Act of 1995 (2 priation as herein provided shall be available Abraham Lincoln Bicentennial Commission for U.S.C. 1385), $2,421,000: Provided, That the Ex- for obligation during fiscal year 2005. carrying out the purposes of Public Law 106– 173, of which $10,000 may be used for official ecutive Director of the Office of Compliance LIBRARY BUILDINGS AND GROUNDS may, within the limits of available appropria- representation and reception expenses of the tions, dispose of surplus or obsolete personal For all necessary expenses for the mechanical Abraham Lincoln Bicentennial Commission: property by interagency transfer, donation, or and structural maintenance, care and operation Provided further, That of the total amount ap- discarding. of the Library buildings and grounds, propriated, $15,620,000 shall remain available $65,145,000, of which $47,114,000 shall remain CONGRESSIONAL BUDGET OFFICE until expended for partial support of the Na- available until September 30, 2009. tional Audio-Visual Conservation Center: Pro- SALARIES AND EXPENSES CAPITOL POLICE BUILDINGS AND GROUNDS vided further, That of the total amount appro- For salaries and expenses necessary for oper- For all necessary expenses for the mainte- priated, $2,795,000 shall remain available until ation of the Congressional Budget Office, in- nance, care, and operation of buildings and expended for the development and maintenance cluding not more than $3,000 to be expended on grounds of the United States Capitol Police, of the Alternate Computer Facility: Provided the certification of the Director of the Congres- $7,090,000, of which $1,500,000 shall remain further, That of the amount appropriated, sional Budget Office in connection with official available until September 30, 2009. $500,000 shall be used to provide a grant to the representation and reception expenses, BOTANIC GARDEN Middle Eastern Text Initiative for translation $34,790,000: Provided, That no part of such and publishing of middle eastern text. amount may be used for the purchase or hire of For all necessary expenses for the mainte- COPYRIGHT OFFICE a passenger motor vehicle. nance, care and operation of the Botanic Gar- den and the nurseries, buildings, grounds, and SALARIES AND EXPENSES ARCHITECT OF THE CAPITOL collections; and purchase and exchange, main- For necessary expenses of the Copyright Of- GENERAL ADMINISTRATION tenance, repair, and operation of a passenger fice, $53,518,000, of which not more than For salaries for the Architect of the Capitol, motor vehicle; all under the direction of the $26,843,000, to remain available until expended, and other personal services, at rates of pay pro- Joint Committee on the Library, $6,294,000: Pro- shall be derived from collections credited to this

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.017 S24PT1 S9678 CONGRESSIONAL RECORD — SENATE September 24, 2004 appropriation during fiscal year 2005 under sec- The Miscellaneous Appropriations Act, 2001 (en- cal years 2003 and 2004 to depository and other tion 708(d) of title 17, United States Code: Pro- acted into law by section 1(a)(4) of Public Law designated libraries: Provided further, That any vided, That the Copyright Office may not obli- 106–554, 114 Stat. 2763A–194) is amended in the unobligated or unexpended balances in this ac- gate or expend any funds derived from collec- first proviso under the subheading ‘‘SALARIES count or accounts for similar purposes for pre- tions under such section, in excess of the AND EXPENSES’’ under the heading ‘‘LIBRARY ceding fiscal years may be transferred to the amount authorized for obligation or expenditure OF CONGRESS’’ in chapter 9 of division A— Government Printing Office revolving fund for in appropriations Acts: Provided further, That (1) by inserting ‘‘and pledges’’ after ‘‘other carrying out the purposes of this heading, sub- not more than $6,496,000 shall be derived from than money’’; and ject to the approval of the Committees on Appro- collections during fiscal year 2005 under sections (2) by striking ‘‘March 31, 2005’’ and inserting priations of the House of Representatives and 111(d)(2), 119(b)(2), 802(h), 1005, and 1316 of ‘‘March 31, 2010’’. Senate. such title: Provided further, That the total SEC. 1104. CONSTRUCTION OF UNITED STATES GOVERNMENT PRINTING OFFICE REVOLVING amount available for obligation shall be reduced DIPLOMATIC FACILITIES. None of the funds in FUND this Act may be used to pay any fee charged by by the amount by which collections are less The Government Printing Office may make the Department of State for the purpose of con- than $33,339,000: Provided further, That not such expenditures, within the limits of funds structing United States diplomatic facilities. more than $100,000 of the amount appropriated available and in accord with the law, and to SEC. 1105. NATIONAL FILM PRESERVATION is available for the maintenance of an ‘‘Inter- make such contracts and commitments without BOARD AND NATIONAL FILM PRESERVATION national Copyright Institute’’ in the Copyright regard to fiscal year limitations as provided by FOUNDATION. (a) EFFECTIVE DATES.—Notwith- Office of the Library of Congress for the purpose section 9104 of title 31, United States Code, as standing the effective date under section 113 of of training nationals of developing countries in may be necessary in carrying out the programs the National Film Preservation Act of 1996 (2 intellectual property laws and policies: Provided and purposes set forth in the budget for the cur- U.S.C. 179w), title I of that Act shall be consid- further, That not more than $4,250 may be ex- rent fiscal year for the Government Printing Of- ered to be effective through fiscal year 2005. pended, on the certification of the Librarian of fice revolving fund: Provided, That not more (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Congress, in connection with official representa- than $5,000 may be expended on the certification tion 151711(a) of title 36, United States Code, is tion and reception expenses for activities of the of the Public Printer in connection with official amended by striking ‘‘2003’’ and inserting International Copyright Institute and for copy- representation and reception expenses: Provided ‘‘2005’’. right delegations, visitors, and seminars. further, That the revolving fund shall be avail- CONGRESSIONAL RESEARCH SERVICE GOVERNMENT PRINTING OFFICE able for the hire or purchase of not more than SALARIES AND EXPENSES CONGRESSIONAL PRINTING AND BINDING 12 passenger motor vehicles: Provided further, For necessary expenses to carry out the provi- (INCLUDING TRANSFER OF FUNDS) That expenditures in connection with travel ex- sions of section 203 of the Legislative Reorga- For authorized printing and binding for the penses of the advisory councils to the Public nization Act of 1946 (2 U.S.C. 166) and to revise Congress and the distribution of Congressional Printer shall be deemed necessary to carry out and extend the Annotated Constitution of the information in any format; printing and binding the provisions of title 44, United States Code: United States of America, $96,678,000: Provided, for the Architect of the Capitol; expenses nec- Provided further, That the revolving fund shall That no part of such amount may be used to essary for preparing the semimonthly and ses- be available for temporary or intermittent serv- pay any salary or expense in connection with sion index to the Congressional Record, as au- ices under section 3109(b) of title 5, United any publication, or preparation of material thorized by law (section 902 of title 44, United States Code, but at rates for individuals not therefor (except the Digest of Public General States Code); printing and binding of Govern- more than the daily equivalent of the annual Bills), to be issued by the Library of Congress ment publications authorized by law to be dis- rate of basic pay for level V of the Executive unless such publication has obtained prior ap- tributed to Members of Congress; and printing, Schedule under section 5316 of such title: Pro- proval of either the Committee on House Admin- binding, and distribution of Government publi- vided further, That the revolving fund and the istration of the House of Representatives or the cations authorized by law to be distributed funds provided under the headings ‘‘OFFICE OF Committee on Rules and Administration of the without charge to the recipient, $88,800,000: Pro- SUPERINTENDENT OF DOCUMENTS’’ and ‘‘SALA- Senate. vided, That this appropriation shall not be RIES AND EXPENSES’’ together may not be avail- BOOKS FOR THE BLIND AND PHYSICALLY available for paper copies of the permanent edi- able for the full-time equivalent employment of HANDICAPPED tion of the Congressional Record for individual more than 2,621 workyears (or such other num- ber of workyears as the Public Printer may re- SALARIES AND EXPENSES Representatives, Resident Commissioners or Del- egates authorized under section 906 of title 44, quest, subject to the approval of the Committees For salaries and expenses to carry out the Act United States Code: Provided further, That this on Appropriations of the House of Representa- of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 appropriation shall be available for the payment tives and Senate): Provided further, That activi- U.S.C. 135a), $53,937,000, of which $15,960,000 of obligations incurred under the appropriations ties financed through the revolving fund may shall remain available until expended. for similar purposes for preceding fiscal years: provide information in any format: Provided ADMINISTRATIVE PROVISIONS Provided further, That notwithstanding the 2- further, That not more than $10,000 may be ex- SEC. 1101. INCENTIVE AWARDS PROGRAM. Of year limitation under section 718 of title 44, pended from the revolving fund in support of the amounts appropriated to the Library of United States Code, none of the funds appro- the activities of the Benjamin Franklin Ter- Congress in this Act, not more than $5,000 may priated or made available under this Act or any centenary Commission established by Public be expended, on the certification of the Librar- other Act for printing and binding and related Law 107–202. ian of Congress, in connection with official rep- services provided to Congress under chapter 7 of ADMINISTRATIVE PROVISION resentation and reception expenses for the in- title 44, United States Code, may be expended to SEC. 1301. DISCOUNTS FOR SALES COPIES. Sec- centive awards program. print a document, report, or publication after tion 1708 of title 44, United States Code, is SEC. 1102. REIMBURSABLE AND REVOLVING the 27-month period beginning on the date that amended by striking ‘‘of not to exceed 25 percent FUND ACTIVITIES. (a) IN GENERAL.—For fiscal such document, report, or publication is author- may be allowed to book dealers and quantity year 2005, the obligational authority of the Li- ized by Congress to be printed, unless Congress purchasers’’, and inserting in lieu thereof the brary of Congress for the activities described in reauthorizes such printing in accordance with following: ‘‘may be allowed as determined by subsection (b) may not exceed $106,985,000. section 718 of title 44, United States Code: Pro- the Superintendent of Documents’’. (b) ACTIVITIES.—The activities referred to in vided further, That any unobligated or unex- GOVERNMENT ACCOUNTABILITY OFFICE subsection (a) are reimbursable and revolving pended balances in this account or accounts for SALARIES AND EXPENSES fund activities that are funded from sources similar purposes for preceding fiscal years may other than appropriations to the Library in ap- be transferred to the Government Printing Of- For necessary expenses of the Government Ac- propriations Acts for the legislative branch. fice revolving fund for carrying out the purposes countability Office, including not more than (c) TRANSFER OF FUNDS.—During fiscal year of this heading, subject to the approval of the $12,500 to be expended on the certification of the 2005, the Librarian of Congress may temporarily Committees on Appropriations of the House of Comptroller General of the United States in con- transfer funds appropriated in this Act, under Representatives and Senate. nection with official representation and recep- the heading ‘‘LIBRARY OF CONGRESS’’ under tion expenses; temporary or intermittent services OFFICE OF SUPERINTENDENT OF DOCUMENTS the subheading ‘‘SALARIES AND EXPENSES’’ to under section 3109(b) of title 5, United States the revolving fund for the FEDLINK Program SALARIES AND EXPENSES Code, but at rates for individuals not more than and the Federal Research Program established (INCLUDING TRANSFER OF FUNDS) the daily equivalent of the annual rate of basic under section 103 of the Library of Congress Fis- For expenses of the Office of Superintendent pay for level IV of the Executive Schedule under cal Operations Improvement Act of 2000 (Public of Documents necessary to provide for the cata- section 5315 of such title; hire of one passenger Law 106–481; 2 U.S.C. 182c): Provided, That the loging and indexing of Government publications motor vehicle; advance payments in foreign total amount of such transfers may not exceed and their distribution to the public, Members of countries in accordance with section 3324 of title $1,900,000: Provided further, That the appro- Congress, other Government agencies, and des- 31, United States Code; benefits comparable to priate revolving fund account shall reimburse ignated depository and international exchange those payable under section 901(5), (6), and (8) the Library for any amounts transferred to it libraries as authorized by law, $31,935,000: Pro- of the Foreign Service Act of 1980 (22 U.S.C. before the period of availability of the Library vided, That amounts of not more than $2,000,000 4081(5), (6), and (8)); and under regulations pre- appropriation expires. from current year appropriations are authorized scribed by the Comptroller General of the United SEC. 1103. NATIONAL DIGITAL INFORMATION IN- for producing and disseminating Congressional States, rental of living quarters in foreign coun- FRASTRUCTURE AND PRESERVATION PROGRAM. serial sets and other related publications for fis- tries, $470,000,000: Provided, That not more than

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.017 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9679 $4,919,000 of payments received under section priated for or the rate of compensation or des- graph (2) (over which jurisdiction was trans- 782 of title 31, United States Code, shall be ignation of any office or position appropriated ferred under section 514(b)(2)(C) of the Omnibus available for use in fiscal year 2005: Provided for is different from that specifically established Parks and Public Lands Management Act of further, That not more than $2,500,000 of reim- by such Act, the rate of compensation and the 1996 (40 U.S.C. 5102 note; Public Law 104–333)) bursements received under section 9105 of title designation in this Act shall be the permanent is transferred to the Architect of the Capitol, 31, United States Code, shall be available for use law with respect thereto: Provided, That the without consideration. in fiscal year 2005: Provided further, That this provisions in this Act for the various items of of- (2) PARCELS.—The parcels of Federal real appropriation and appropriations for adminis- ficial expenses of Members, officers, and commit- property referred to under paragraph (1) are the trative expenses of any other department or tees of the Senate and House of Representatives, following: agency which is a member of the National Inter- and clerk hire for Senators and Members of the (A) That portion of New Jersey Avenue, N.W., governmental Audit Forum or a Regional Inter- House of Representatives shall be the permanent between the northernmost point of the intersec- governmental Audit Forum shall be available to law with respect thereto. tion of New Jersey Avenue, N.W., and D Street, finance an appropriate share of either Forum’s SEC. 204. CONSULTING SERVICES. The expendi- N.W., and the northernmost point of the inter- costs as determined by the respective Forum, in- ture of any appropriation under this Act for section of New Jersey Avenue, N.W., and Lou- cluding necessary travel expenses of non-Fed- any consulting service through procurement isiana Avenue, N.W., between squares 631 and eral participants: Provided further, That pay- contract, under section 3109 of title 5, United W632, which remains Federal property, and ments hereunder to the Forum may be credited States Code, shall be limited to those contracts whose maintenance and repair shall be the re- as reimbursements to any appropriation from where such expenditures are a matter of public sponsibility of the District of Columbia. which costs involved are initially financed: Pro- record and available for public inspection, ex- (B) That portion of D Street, N.W., between vided further, That this appropriation and ap- cept where otherwise provided under existing its intersection with New Jersey Avenue, N.W., propriations for administrative expenses of any law, or under existing Executive order issued and its intersection with Louisiana Avenue, other department or agency which is a member under existing law. N.W., between squares 630 and W632, which re- of the American Consortium on International SEC. 205. AWARDS AND SETTLEMENTS. Such mains Federal property. Public Administration (ACIPA) shall be avail- sums as may be necessary are appropriated to (b) MISCELLANEOUS.— able to finance an appropriate share of ACIPA the account described in subsection (a) of sec- (1) COMPLIANCE WITH OTHER LAWS.—Compli- costs as determined by the ACIPA, including tion 415 of the Congressional Accountability Act ance with this section shall be deemed to satisfy any expenses attributable to membership of (2 U.S.C. 1415(a)) to pay awards and settlements the requirements of all laws otherwise applica- ACIPA in the International Institute of Admin- as authorized under such subsection. ble to transfers of jurisdiction over parcels of istrative Sciences. SEC. 206. COSTS OF LBFMC. Amounts avail- Federal real property. able for administrative expenses of any legisla- ADMINISTRATIVE PROVISION (2) UNITED STATES CAPITOL GROUNDS.— tive branch entity which participates in the (A) DEFINITION.—Section 5102 of title 40, SEC. 1401. REPORTS TO THE COMPTROLLER Legislative Branch Financial Managers Council United States Code, is amended to include with- GENERAL. (a) LIMITATIONS ON EXPENDITURES, (LBFMC) established by charter on March 26, in the definition of the United States Capitol OBLIGATIONS, AND VOLUNTARY SERVICES.—Sec- 1996, shall be available to finance an appro- tion 1351 of title 31, United States Code, is Grounds the parcels of Federal real property de- priate share of LBFMC costs as determined by scribed in subsection (a)(2). amended by inserting ‘‘A copy of each report the LBFMC, except that the total LBFMC costs shall also be transmitted to the Comptroller Gen- (B) JURISDICTION OF CAPITOL POLICE.—The to be shared among all participating legislative United States Capitol Police shall have jurisdic- eral on the same date the report is transmitted branch entities (in such allocations among the to the President and Congress.’’ after the first tion over the parcels of Federal real property de- entities as the entities may determine) may not scribed in subsection (a)(2) in accordance with sentence. exceed $2,000. (b) PROHIBITED OBLIGATIONS AND EXPENDI- section 9 of the Act entitled ‘‘An Act to define SEC. 207. LIMITATION ON TRANSFERS. None of the United States Capitol Grounds, to regulate TURES.—Section 1517(b) of title 31, United States the funds made available in this Act may be Code, is amended by inserting ‘‘A copy of each the use thereof, and for other purposes’’, ap- transferred to any department, agency, or in- proved July 31, 1946 (2 U.S.C. 1961). report shall also be transmitted to the Comp- strumentality of the United States Government, troller General on the same date the report is (3) EFFECT OF TRANSFER.—A person relin- except pursuant to a transfer made by, or trans- quishing jurisdiction over any parcel of Federal transmitted to the President and Congress.’’ fer authority provided in, this Act or any other after the first sentence. real property transferred by subsection (a) shall appropriation Act. not retain any interest in the parcel except as PAYMENT TO THE OPEN WORLD EC. 208. VOLUNTARY COMPLIANCE WITH GOV- S specifically provided in this section. LEADERSHIP CENTER TRUST FUND ERNMENT ETRAVEL SERVICE REGULATION. (a) (c) EFFECTIVE DATE.—This Act shall apply to EFINITION.—In this section, the term ‘‘agency’’ For a payment to the Open World Leadership D fiscal year 2005 and each fiscal year thereafter. means the— Center Trust Fund for financing activities of the SEC. 211. COMMISSION ON THE ABRAHAM LIN- Open World Leadership Center, $13,500,000. (1) Architect of the Capitol; (2) Congressional Budget Office; COLN STUDY ABROAD FELLOWSHIP PROGRAM.— ADMINISTRATIVE PROVISION (3) Government Accountability Office; (a) APPROPRIATION.—There are appropriated, SEC. 1501. EXPANSION OF OPEN WORLD LEAD- (4) Government Printing Office; out of any money in the Treasury not otherwise ERSHIP COUNTRIES.—Section 313(j) of the Legis- (5) Library of Congress; and appropriated, for the fiscal year ending Sep- lative Branch Appropriations Act, 2001 (2 U.S.C. (6) Office of Compliance. tember 30, 2005, $495,000, for the Commission on 1151(j)) is amended— (b) COMPLIANCE ELECTION.—Notwithstanding the Abraham Lincoln Study Abroad Fellowship (1) in paragraph (1), by striking ‘‘and’’ after any other provision of law, an agency, at the Program established under section 104 of divi- the semicolon; discretion of the head of the agency, may— sion H of the Consolidated Appropriations Act, (2) in paragraph (2), by striking the period (1) elect to comply with the requirements of 2004 (Public Law 108–199; 118 Stat. 435). and inserting ‘‘; and’’; and parts 300–3, 301–50, 301–52, 301–70, and 301–73 of (b) EXTENSION OF REPORT AND TERMINATION (3) by adding at the end the following: title 41 of the Code of Federal Regulations, or DATES.—Section 104 of division H of the Con- ‘‘(3) any other country that is designated by any modification to those requirements, (relat- solidated Appropriations Act, 2004 (Public Law the Board, except that the Board shall notify ing to the Governmentwide eTravel Service); 108–199; 118 Stat. 435) is amended— the Committees on Appropriations of the Senate and (1) in subsection (f), by striking ‘‘December 1, and the House of Representatives of the des- (2) if the head of the agency makes an election 2004’’ and inserting ‘‘December 1, 2005’’; and ignation at least 90 days before the designation to comply under paragraph (1), enter into an (2) in subsection (g), by striking ‘‘December is to take effect.’’. agreement with the General Services Adminis- 31, 2004’’ and inserting ‘‘December 31, 2005’’. TITLE II—GENERAL PROVISIONS tration to modify those requirements, as applica- This Act may be cited as the ‘‘Legislative ble to that agency, relating to confidentiality of Branch Appropriations Act, 2005’’. SEC. 201. MAINTENANCE AND CARE OF PRIVATE information or other concerns of the head of the VEHICLES. No part of the funds appropriated in agency. f this Act shall be used for the maintenance or (c) EFFECTIVE DATE.—This section shall apply care of private vehicles, except for emergency DISTRICT OF COLUMBIA with respect to fiscal year 2005 and each fiscal APPROPRIATIONS ACT, 2005 assistance and cleaning as may be provided year thereafter. under regulations relating to parking facilities SEC. 209. CONGRESSIONAL RECOGNITION FOR On Wednesday, September 22, 2004, for the House of Representatives issued by the EXCELLENCE IN ARTS EDUCATION. Section 210 of the Senate passed H.R. 4850, as follows: Committee on House Administration and for the the Legislative Branch Appropriations Act, 2003 H.R. 4850 Senate issued by the Committee on Rules and is amended— Administration. (1) by striking the first proviso; and Resolved, That the bill from the House of SEC. 202. FISCAL YEAR LIMITATION. No part of (2) by striking ‘‘Provide further,’’ and insert- Representatives (H.R. 4850) entitled ‘‘An Act the funds appropriated in this Act shall remain ing ‘‘Provided,’’. making appropriations for the government of available for obligation beyond fiscal year 2005 SEC. 210. TRANSFER OF JURISDICTION OVER the District of Columbia and other activities unless expressly so provided in this Act. REAL PROPERTY NEAR JAPANESE AMERICAN PA- chargeable in whole or in part against the SEC. 203. RATES OF COMPENSATION AND DES- TRIOTISM MEMORIAL. (a) TRANSFER OF JURISDIC- revenues of said District for the fiscal year IGNATION. Whenever in this Act any office or po- TION.— ending September 30, 2005, and for other pur- sition not specifically established by the Legisla- (1) IN GENERAL.—Jurisdiction over the parcels poses.’’, do pass with the following amend- tive Pay Act of 1929 (46 Stat. 32 et seq.) is appro- of Federal real property described under para- ment:

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.017 S24PT1 S9680 CONGRESSIONAL RECORD — SENATE September 24, 2004 Strike out all after the enacting clause and ties: Provided, That funds made available for the General Services Administration (GSA), said insert: capital improvements shall be expended con- services to include the preparation of monthly That the following sums are appropriated, out sistent with the General Services Administration financial reports, copies of which shall be sub- of any money in the Treasury not otherwise ap- master plan study and building evaluation re- mitted directly by GSA to the President and to propriated, for the District of Columbia and re- port: Provided further, That notwithstanding the Committees on Appropriations of the House lated agencies for the fiscal year ending Sep- any other provision of law, a single contract or of Representatives and Senate, the Committee tember 30, 2005, and for other purposes, namely: related contracts for development and construc- on Government Reform of the House of Rep- TITLE I—FEDERAL FUNDS tion of facilities may be employed which collec- resentatives, and the Committee on Govern- tively include the full scope of the project: Pro- mental Affairs of the Senate. FEDERAL PAYMENT FOR RESIDENT TUITION vided further, That the solicitation and contract FEDERAL PAYMENT TO THE COURT SERVICES AND SUPPORT shall contain the clause ‘‘availability of funds’’ OFFENDER SUPERVISION AGENCY FOR THE DIS- For a Federal payment to the District of Co- found at 48 CFR 52.232–18: Provided further, TRICT OF COLUMBIA lumbia, to be deposited into a dedicated ac- That notwithstanding any other provision of (INCLUDING TRANSFER OF FUNDS) count, for a nationwide program to be adminis- law, all amounts under this heading shall be ap- tered by the Mayor, for District of Columbia For salaries and expenses, including the portioned quarterly by the Office of Manage- transfer and hire of motor vehicles, of the Court resident tuition support, $21,200,000, to remain ment and Budget and obligated and expended in available until expended: Provided, That such Services and Offender Supervision Agency for the same manner as funds appropriated for sal- the District of Columbia and the Public De- funds, including any interest accrued thereon, aries and expenses of other Federal agencies, fender Service for the District of Columbia, as may be used on behalf of eligible District of Co- with payroll and financial services to be pro- authorized by the National Capital Revitaliza- lumbia residents to pay an amount based upon vided on a contractual basis with the General tion and Self-Government Improvement Act of the difference between in-State and out-of-State Services Administration (GSA), said services to 1997, $182,490,000, of which not to exceed $2,000 tuition at public institutions of higher edu- include the preparation of monthly financial re- is for official reception and representation ex- cation, or to pay up to $2,500 each year at eligi- ports, copies of which shall be submitted directly penses related to Community Supervision and ble private institutions of higher education: Pro- by GSA to the President and to the Committees Pretrial Services Agency programs; of which not vided further, That the awarding of such funds on Appropriations of the House of Representa- to exceed $25,000 is for dues and assessments re- may be prioritized on the basis of a resident’s tives and Senate, the Committee on Government lating to the implementation of the Court Serv- academic merit, the income and need of eligible Reform of the House of Representatives, and the ices and Offender Supervision Agency Interstate students and such other factors as may be au- Committee on Governmental Affairs of the Sen- Supervision Act of 2002; of which $113,343,000 thorized: Provided further, That the District of ate: Provided further, That 30 days after pro- shall be for necessary expenses of Community Columbia government shall maintain a dedi- viding written notice to the Committees on Ap- Supervision and Sex Offender Registration, to cated account for the Resident Tuition Support propriations of the House of Representatives include expenses relating to the supervision of Program that shall consist of the Federal funds and Senate, the District of Columbia Courts may adults subject to protection orders or the provi- appropriated to the Program in this Act and reallocate not more than $1,000,000 of the funds sion of services for or related to such persons; of any subsequent appropriations, any unobligated provided under this heading among the items which $39,314,000 shall be available to the Pre- balances from prior fiscal years, and any inter- and entities funded under such heading for op- trial Services Agency; and of which $29,833,000 est earned in this or any fiscal year: Provided erations, and not more than 4 percent of the shall be transferred to the Public Defender Serv- further, That the account shall be under the funds provided under this heading for facilities. ice for the District of Columbia: Provided, That control of the District of Columbia Chief Finan- DEFENDER SERVICES IN DISTRICT OF COLUMBIA $1,100,000 shall be to lower supervision caseload cial Officer who shall use those funds solely for COURTS ratios to 25:1 for special population offenders: the purposes of carrying out the Resident Tui- For payments authorized under section 11– Provided further, That $200,000 shall be to ex- tion Support Program: Provided further, That pand monitoring of offenders using global posi- the Office of the Chief Financial Officer shall 2604 and section 11–2605, D.C. Official Code (re- lating to representation provided under the Dis- tion system technology: Provided further, That provide a quarterly financial report to the Com- notwithstanding any other provision of law, all mittees on Appropriations of the House of Rep- trict of Columbia Criminal Justice Act), pay- ments for counsel appointed in proceedings in amounts under this heading shall be appor- resentatives and Senate for these funds show- tioned quarterly by the Office of Management ing, by object class, the expenditures made and the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, and Budget and obligated and expended in the the purpose therefor: Provided further, That not same manner as funds appropriated for salaries more than 7 percent of the total amount appro- D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem rep- and expenses of other Federal agencies: Pro- priated for this program may be used for admin- vided further, That notwithstanding chapter 12 istrative expenses. resentation, training, technical assistance and/ or such other services as are necessary to im- of title 40, United States Code, the Director may FEDERAL PAYMENT FOR EMERGENCY PLANNING prove the quality of guardian ad litem represen- acquire by purchase, lease, condemnation, or AND SECURITY COSTS IN THE DISTRICT OF CO- tation, payments for counsel appointed in adop- donation, and renovate as necessary, Building LUMBIA tion proceedings under chapter 3 of title 16, D.C. Number 17, 1900 Massachusetts Avenue, South- For necessary expenses, as determined by the Code, and payments for counsel authorized east, Washington, District of Columbia to house Mayor of the District of Columbia in written under section 21–2060, D.C. Official Code (relat- or supervise offenders and defendants, with consultation with the elected county or city offi- ing to representation provided under the District funds made available for this purpose in Public cials of surrounding jurisdictions, $15,000,000, to of Columbia Guardianship, Protective Pro- Law 107–96: Provided further, That the Director remain available until expended, to reimburse ceedings, and Durable Power of Attorney Act of is authorized to accept and use gifts in the form the District of Columbia for the costs of pro- 1986), $34,500,000, to remain available until ex- of in-kind contributions of space and hospitality viding public safety at events related to the pended: Provided, That the funds provided in to support offender and defendant programs, presence of the national capital in the District this Act under the heading ‘‘Federal Payment to and equipment and vocational training services of Columbia and for the costs of providing sup- the District of Columbia Courts’’ (other than the to educate and train offenders and defendants: port to respond to immediate and specific ter- $53,011,000 provided under such heading for Provided further, That the Director shall keep rorist threats or attacks in the District of Co- capital improvements for District of Columbia accurate and detailed records of the acceptance lumbia or surrounding jurisdictions: Provided, courthouse facilities) may also be used for pay- and use of any gift or donation under the pre- That any amount provided under this heading ments under this heading: Provided further, vious proviso, and shall make such records shall be available only after notice of its pro- That in addition to the funds provided under available for audit and public inspection: Pro- posed use has been transmitted by the President this heading, the Joint Committee on Judicial vided further, That the Court Services and Of- to Congress and such amount has been appor- Administration in the District of Columbia shall fender Supervision Agency Director is author- tioned pursuant to chapter 15 of title 31, United use funds provided in this Act under the head- ized to accept and use reimbursement from the States Code. ing ‘‘Federal Payment to the District of Colum- D.C. Government for space and services pro- FEDERAL PAYMENT TO THE DISTRICT OF bia Courts’’ (other than the $53,011,000 provided vided on a cost reimbursement basis: Provided COLUMBIA COURTS under such heading for capital improvements further, That the Public Defender Service is au- For salaries and expenses for the District of for District of Columbia courthouse facilities), to thorized to charge fees to cover cost of materials Columbia Courts, $195,010,000, to be allocated as make payments described under this heading for distributed to attendees of educational events, follows: for the District of Columbia Court of obligations incurred during any fiscal year: Pro- including conferences, sponsored by the Public Appeals, $8,952,000, of which not to exceed vided further, That funds provided under this Defender Service, and notwithstanding 31 $1,500 is for official reception and representation heading shall be administered by the Joint Com- U.S.C. 3302, said fees shall be credited to the expenses; for the District of Columbia Superior mittee on Judicial Administration in the District Public Defender Service account to be available Court, $84,948,000, of which not to exceed $1,500 of Columbia: Provided further, That notwith- for use without further appropriation. is for official reception and representation ex- standing any other provision of law, this appro- FEDERAL PAYMENT TO THE DISTRICT OF penses; for the District of Columbia Court Sys- priation shall be apportioned quarterly by the COLUMBIA WATER AND SEWER AUTHORITY tem, $40,699,000, of which not to exceed $1,500 is Office of Management and Budget and obli- For a Federal payment to the District of Co- for official reception and representation ex- gated and expended in the same manner as lumbia Water and Sewer Authority, $10,000,000, penses; and $60,411,000, to remain available funds appropriated for expenses of other Fed- to remain available until expended, to continue until September 30, 2005, for capital improve- eral agencies, with payroll and financial serv- implementation of the Combined Sewer Overflow ments for District of Columbia courthouse facili- ices to be provided on a contractual basis with Long-Term Plan: Provided, That the District of

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9681 Columbia Water and Sewer Authority provides a $40,000,000, to be allocated as follows: for the of a bioterrorism and forensics laboratory: Pro- 100 percent match for this payment. District of Columbia Public Schools, $13,000,000 vided, That the District of Columbia shall pro- FEDERAL PAYMENT FOR THE ANACOSTIA to improve public school education in the Dis- vide an additional $2,300,000 with local funds as WATERFRONT INITIATIVE trict of Columbia, $13,000,000 to expand quality a condition of receiving this payment. public charter schools in the District of Colum- For a Federal payment to the District of Co- TITLE II—DISTRICT OF COLUMBIA FUNDS bia; for the Secretary of the Department of Edu- lumbia Department of Transportation, OPERATING EXPENSES cation, $14,000,000 to provide opportunity schol- $3,000,000, to remain available until September DIVISION OF EXPENSES arships for students in the District of Columbia 30, 2006, for design and construction of a contin- in accordance with Public Law 108–199, of The following amounts are appropriated for uous pedestrian and bicycle trail system from which up to $1,000,000 may be used to admin- the District of Columbia for the current fiscal the Potomac River to the District’s border with ister and fund assessments: Provided, That of year out of the general fund of the District of Maryland. the $13,000,000 for the District of Columbia Pub- Columbia, except as otherwise specifically pro- vided: Provided, That notwithstanding any FEDERAL PAYMENT TO THE CRIMINAL JUSTICE lic Schools, $5,000,000 shall be for a new incen- other provision of law, except as provided in COORDINATING COUNCIL tive fund to reward high performing or signifi- section 450A of the District of Columbia Home For a Federal payment to the Criminal Justice cantly improved public schools; $5,000,000 shall Rule Act (D.C. Official Code, sec. 1–204.50a) and Coordinating Council, $1,300,000, to remain be to support the Transformation School Initia- the provisions of this Act, the total amount ap- available until expended, to support initiatives tive directed to schools in need of improvement: propriated in this Act for operating expenses for related to the coordination of Federal and local Provided further, That of the remaining the District of Columbia for fiscal year 2005 criminal justice resources in the District of Co- amounts, the Superintendent of the District of under this heading shall not exceed the lesser of lumbia. Columbia Public Schools shall use such sums as the sum of the total revenues of the District of necessary to contract for management con- FEDERAL PAYMENT FOR THE UNIFIED Columbia for such fiscal year or $7,206,164,000 COMMUNICATIONS CENTER sulting services and implement recommended re- (of which $4,215,088,000 shall be from local For a Federal payment to the District of Co- forms: Provided further, That the Comptroller funds, $1,762,046,000 shall be from Federal lumbia, $7,000,000, to remain available until ex- General shall conduct a financial audit of the funds, $1,214,843,000 shall be from other funds, pended, shall be for the Unified Communica- District of Columbia Public Schools: Provided and $14,817,000 shall be from private funds), and tions Center. further, That of the $13,000,000 provided for an intra-district amount of $435,054,000, in addi- public charter schools in the District of Colum- tion, $186,900,000 from funds previously appro- FEDERAL PAYMENT FOR TRANSPORTATION bia, $4,000,000 shall be for the City Build Initia- ASSISTANCE priated in this Act as Federal payments: Pro- tive to create neighborhood-based charter vided further, That this amount may be in- For a Federal payment to the District of Co- schools; $2,750,000 shall be for the Direct Loan creased by proceeds of one-time transactions, lumbia Department of Transportation, Fund for Charter Schools; $150,000 shall be for which are expended for emergency or unantici- $5,000,000, of which $1,000,000 shall be allocated administrative expenses of the Office of Charter pated operating or capital needs: Provided fur- to implement a downtown circulator transit sys- School Financing and Support to expand out- ther, That such increases shall be approved by tem, and of which $4,000,000 shall be to offset a reach and support of charter schools; $100,000 enactment of local District law and shall comply portion of the District of Columbia’s allocated shall be for the D.C. Public Charter School As- with all reserve requirements contained in the operating subsidy payment to the Washington sociation to enhance the quality of charter District of Columbia Home Rule Act as amended Metropolitan Area Transit Authority. schools; $4,000,000 shall be for the development by this Act: Provided further, That the Chief Fi- FEDERAL PAYMENT FOR FOSTER CARE of an incubator facility for public charter nancial Officer of the District of Columbia shall IMPROVEMENTS IN THE DISTRICT OF COLUMBIA schools; and $2,000,000 shall be for a new incen- take such steps as are necessary to assure that For a Federal payment to the District of Co- tive fund to reward high performing or signifi- the District of Columbia meets these require- lumbia for foster care improvements, $5,000,000, cantly improved public charter schools: Pro- ments, including the apportioning by the Chief to remain available until expended: Provided, vided further, That the District of Columbia Financial Officer of the appropriations and That $3,250,000 shall be for the Child and Fam- government shall establish a dedicated account funds made available to the District during fis- ily Services Agency, of which $2,000,000 shall be for the Office of Charter School Financing and cal year 2005, except that the Chief Financial for the early intervention program to provide in- Support (the Office) that shall consist of the Officer may not reprogram for operating ex- tensive and immediate services for foster chil- Federal funds appropriated in this Act, any penses any funds derived from bonds, notes, or dren; of which $750,000 shall be for the emer- subsequent appropriations, any unobligated bal- other obligations issued for capital projects. gency support fund to purchase services or tech- ances from prior fiscal years, any additional GOVERNMENTAL DIRECTION AND SUPPORT nology necessary to allow children to remain in grants, and any interest and principal derived Governmental direction and support, the care of an approved and licensed family from loans made to Charter Schools, and repay- $416,069,000 (including $261,068,000 from local member; of which $500,000 shall be for tech- ment of dollars utilized to support credit en- funds, $100,256,000 from Federal funds, and nology upgrades: Provided further, That hancement earned in this or any fiscal year: $54,745,000 from other funds), in addition, $1,250,000 shall be for the Department of Mental Provided further, That the account shall be $32,500,000 from funds previously appropriated Health to provide all court-ordered or agency- under the control of the District of Columbia in this Act under the heading ‘‘Federal Payment required mental health screenings, assessments Chief Financial Officer who shall use those to the Office of the Chief Financial Officer of and treatments for children under the super- funds solely for the purposes of carrying out the the District of Columbia’’, $15,000,000 from vision of the Child and Family Services Agency: Credit Enhancement Program, Direct Loan funds previously appropriated in this Act under Provided further, That $500,000 shall be for the Fund Grant Program, and any other charter the heading ‘‘Federal Payment for Emergency Washington Metropolitan Council of Govern- school financing under the management of the Planning and Security Costs in the District of ments, to continue a program in conjunction Office: Provided further, That in this and subse- Columbia’’, and $5,000,000 from funds previously with the Foster and Adoptive Parents Advocacy quent fiscal years the Office of the Chief Finan- appropriated in this Act under the heading Center, to provide respite care for and recruit- cial Officer shall conduct an annual audit of ‘‘Federal Payment for Foster Care Improvements ment of foster parents: Provided further, That the funds expended by the Office and provide in the District of Columbia’’: Provided, That not these Federal funds shall supplement and not an annual financial report to the Mayor, the to exceed $9,300 for the Mayor, $9,300 for the supplant local funds for the purposes described Council of the District of Columbia, the Office Chairman of the Council of the District of Co- under this heading. of the District of Columbia Treasurer and the lumbia, $9,300 for the City Administrator, and Committees on Appropriations of the House of FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF $9,300 for the Office of the Chief Financial Offi- Representatives and Senate for these funds cer shall be available from this appropriation for FINANCIAL OFFICER OF THE DISTRICT OF CO- showing, by object class, the expenditures made LUMBIA official reception and representation expenses: and the purpose therefor: Provided further, Provided further, That any program fees col- For a Federal payment to the Office of the That not more than $1,000,000 of the total lected from the issuance of debt shall be avail- Chief Financial Officer of the District of Colum- amount appropriated for this program may be able for the payment of expenses of the debt bia, $32,500,000: Provided, That these funds used for administrative expenses and training management program of the District of Colum- shall be available for the projects and in the expenses related to the cost of the National bia: Provided further, That no revenues from amounts specified in the statement of the man- Charter School Conference(s) to be hosted by Federal sources shall be used to support the op- agers on the conference report accompanying December 2006; and no more than 5 percent of erations or activities of the Statehood Commis- this Act: Provided further, That each entity the funds appropriated for the direct loan fund sion and Statehood Compact Commission: Pro- that receives funding under this heading shall may be used for administrative expenses related vided further, That the District of Columbia submit to the Office of the Chief Financial Offi- to the administration and annual audit of the shall identify the sources of funding for Admis- cer of the District of Columbia and the Commit- direct loan, grant, and credit enhancement pro- sion to Statehood from its own locally generated tees on Appropriations of the House of Rep- grams. revenues: Provided further, That notwith- resentatives and Senate a report on the activi- FEDERAL PAYMENT FOR BIOTERRORISM AND standing any other provision of law, or Mayor’s ties to be carried out with such funds no later FORENSICS LABORATORY Order 86–45, issued March 18, 1986, the Office of than March 15, 2005. For a Federal payment to the District of Co- the Chief Technology Officer’s delegated small FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT lumbia, $8,000,000, to remain available until Sep- purchase authority shall be $500,000: Provided For a Federal payment for a School Improve- tember 30, 2006, for design, planning, and pro- further, That the District of Columbia govern- ment Program in the District of Columbia, curement costs associated with the construction ment may not require the Office of the Chief

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 S9682 CONGRESSIONAL RECORD — SENATE September 24, 2004 Technology Officer to submit to any other pro- Columbia at any District of Columbia public ele- chargeable against the final amount provided curement review process, or to obtain the ap- mentary or secondary school during fiscal year for such payments under the District of Colum- proval of or be restricted in any manner by any 2005 unless the nonresident pays tuition to the bia Appropriations Act, 2005: Provided further, official or employee of the District of Columbia District of Columbia at a rate that covers 100 That notwithstanding any other provision of government, for purchases that do not exceed percent of the costs incurred by the District of law, of the funds appropriated herein for the $500,000. Columbia that are attributable to the education District of Columbia Public Charter Schools, the ECONOMIC DEVELOPMENT AND REGULATION of the nonresident (as established by the Super- Chief Financial Officer of the District of Colum- intendent of the District of Columbia Public bia, in coordination with the District of Colum- Economic development and regulation, Schools): Provided further, That notwith- bia Chartering Authorities for the District of $334,745,000 (including $55,764,000 from local standing the amounts otherwise provided under Columbia Public Charter Schools, shall establish funds, $93,050,000 from Federal funds, this heading or any other provision of law, requirements, policies and procedures for the $185,806,000 from other funds, and $125,000 from there shall be appropriated to the District of Co- performance of a single financial audit, to be private funds), of which $13,000,000 collected by lumbia Public Schools on July 1, 2005, an performed by one auditing firm selected by the the District of Columbia in the form of BID tax amount equal to 10 percent of the total amount Chief Financial Officer of the District of Colum- revenue shall be paid to the respective BIDs of the local funds provided for the District of bia: Provided further, That beginning in fiscal pursuant to the Business Improvement Districts Columbia Public Schools in the proposed budget year 2005, the District of Columbia Chartering Act of 1996 (D.C. Law 11–134; D.C. Official of the District of Columbia for fiscal year 2005 Authorities for the District of Columbia Public Code, sec. 2–1215.01 et seq.), and the Business (as submitted to Congress), and the amount of Charter Schools shall implement and follow Improvement Districts Amendment Act of 1997 such payment shall be chargeable against the these requirements (including, but not limited (D.C. Law 12–26; D.C. Official Code, sec. 2– final amount provided for the District of Colum- to, the terms and conditions), policies and pro- 1215.15 et seq.): Provided, That such funds are bia Public Schools under the District of Colum- cedures to ensure the completion of the annual available for acquiring services provided by the bia Appropriations Act, 2005: Provided further, financial single audit of all District of Columbia General Services Administration: Provided fur- That not to exceed $9,300 for the Superintendent Public Charter Schools conducted in accordance ther, That Business Improvement Districts shall of Schools shall be available from this appro- herewith. be exempt from taxes levied by the District of priation for official reception and representation (5) UNIVERSITY OF THE DISTRICT OF COLUMBIA Columbia: Provided further, That local funds in expenses. SUBSIDY.—$49,602,000 from local funds shall be the amount of $1,200,000 shall be appropriated (2) TEACHERS’ RETIREMENT FUND.—$9,200,000 available for the University of the District of for the Excel Institute. from local funds shall be available for the Columbia: Provided, That this appropriation PUBLIC SAFETY AND JUSTICE Teachers’ Retirement Fund. shall not be available to subsidize the education Public safety and justice, $798,723,000 (includ- (3) STATE EDUCATION OFFICE.—$73,104,000 (in- of nonresidents of the District of Columbia at ing $760,849,000 from local funds, $7,899,000 from cluding $10,015,000 from local funds, $62,914,000 the University of the District of Columbia, un- Federal funds, $29,966,000 from other funds, and from Federal funds, and $176,000 from other less the Board of Trustees of the University of $9,000 from private funds), in addition, funds), in addition, $26,500,000 from funds pre- the District of Columbia adopts, for the fiscal $1,300,000 from funds previously appropriated in viously appropriated in this Act under the head- year ending September 30, 2005, a tuition rate this Act under the heading ‘‘Federal Payment to ing ‘‘Federal Payment for Resident Tuition Sup- schedule that will establish the tuition rate for the Criminal Justice Coordinating Council’’: port’’ and $14,000,000 from funds previously ap- nonresident students at a level no lower than Provided, That not to exceed $500,000 shall be propriated in this Act under the heading ‘‘Fed- the nonresident tuition rate charged at com- eral Payment for School Improvement in the available from this appropriation for the Chief parable public institutions of higher education District of Columbia’’ shall be available for the of Police for the prevention and detection of in the metropolitan area: Provided further, That State Education Office: Provided, That of the crime: Provided further, That the Mayor shall notwithstanding the amounts otherwise pro- amounts provided to the State Education Office, reimburse the District of Columbia National vided under this heading or any other provision $500,000 from local funds shall remain available Guard for expenses incurred in connection with of law, there shall be appropriated to the Uni- until June 30, 2006 for an audit of the student services that are performed in emergencies by versity of the District of Columbia on July 1, enrollment of each District of Columbia Public the National Guard in a militia status and are 2005, an amount equal to 10 percent of the total School and of each District of Columbia public amount of the local funds appropriations re- requested by the Mayor, in amounts that shall charter school. quest provided for the University of the District be jointly determined and certified as due and (4) DISTRICT OF COLUMBIA PUBLIC CHARTER of Columbia in the proposed budget of the Dis- payable for these services by the Mayor and the SCHOOLS.—$196,802,000 from local funds shall be trict of Columbia for fiscal year 2005 (as sub- Commanding General of the District of Colum- available for District of Columbia public charter mitted to Congress), and the amount of such bia National Guard: Provided further, That schools: Provided, That there shall be quarterly payment shall be chargeable against the final such sums as may be necessary for reimburse- disbursement of funds to the District of Colum- amount provided for the University of the Dis- ment to the District of Columbia National Guard bia public charter schools, with the first pay- trict of Columbia under the District of Columbia under the preceding proviso shall be available ment to occur within 15 days of the beginning of Appropriations Act, 2005: Provided further, from this appropriation, and the availability of the fiscal year: Provided further, That if the en- That not to exceed $9,300 for the President of the sums shall be deemed as constituting pay- tirety of this allocation has not been provided as the University of the District of Columbia shall ment in advance for emergency services in- payments to any public charter schools cur- be available from this appropriation for official volved. rently in operation through the per pupil fund- reception and representation expenses. PUBLIC EDUCATION SYSTEM ing formula, the funds shall remain available as (6) DISTRICT OF COLUMBIA PUBLIC LIBRAR- (INCLUDING TRANSFERS OF FUNDS) follows: (A) the first $3,000,000 shall be deposited IES.—$30,831,000 (including $28,978,000 from Public education system, including the devel- in the Credit Enhancement Revolving Fund es- local funds, $1,093,000 from Federal funds, and opment of national defense education programs, tablished pursuant to section 603(e) of the Stu- $651,000 from other funds) shall be available for $1,266,424,000 (including $1,058,709,000 from local dent Loan Marketing Association Reorganiza- the District of Columbia Public Libraries: Pro- funds, $194,979,000 from Federal funds, tion Act of 1996 (Public Law 104–208; 110 Stat. vided, That not to exceed $7,500 for the Public $8,957,000 from other funds, $3,780,000 from pri- 3009; 20 U.S.C. 1155(e)); and (B) the balance Librarian shall be available from this appropria- vate funds to be allocated as follows: shall be for public education in accordance with tion for official reception and representation ex- (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— section 2403(b)(2) of the District of Columbia penses. $901,944,000 (including $760,494,000 from local School Reform Act of 1995 (D.C. Official Code, (7) COMMISSION ON THE ARTS AND HUMAN- funds, $130,450,000 from Federal funds, sec. 38–1804.03(b)(2)): Provided further, That of ITIES.—$4,941,000 (including $3,618,000 from $7,330,000 from other funds, $3,670,000 from pri- the amounts made available to District of Co- local funds, $523,000 from Federal funds, and vate funds, and not to exceed $6,816,000, to re- lumbia public charter schools, $25,000 shall be $800,000 from other funds) shall be available for main available until expended, from the Med- made available to the Office of the Chief Finan- the Commission on the Arts and Humanities. icaid and Special Education Reform Fund estab- cial Officer as authorized by section 2403(b)(6) HUMAN SUPPORT SERVICES lished pursuant to the Medicaid and Special of the District of Columbia School Reform Act of (INCLUDING TRANSFER OF FUNDS) Education Reform Fund Establishment Act of 1995 (D.C. Official Code, sec. 38–1804.03(b)(6)): Human support services, $2,533,825,000 (in- 2002 (D.C. Law 14–190; D.C. Official Code 4– Provided further, That $660,000 of this amount cluding $1,165,314,000 from local funds, 204.51 et seq.)), and $14,000,000 from funds pre- shall be available to the District of Columbia $1,331,670,000 from Federal funds, $27,441,000 viously appropriated in this Act under the head- Public Charter School Board for administrative from other funds, $9,400,000 from private funds, ing ‘‘Federal Payment for School Improvement costs: Provided further, That notwithstanding in addition, $5,000,000 from funds previously ap- in the District of Columbia’’ shall be available the amounts otherwise provided under this propriated in this Act under the heading ‘‘Fed- for District of Columbia Public Schools: Pro- heading or any other provision of law, there eral Payment to Foster Care Improvements in vided, That notwithstanding any other provi- shall be appropriated to the District of Columbia the District of Columbia’’: Provided, That sion of law, rule, or regulation, the evaluation public charter schools on July 1, 2005, an $29,600,000 of this appropriation, to remain process and instruments for evaluating District amount equal to 25 percent of the total amount available until expended, shall be available sole- of Columbia Public School employees shall be a of the local funds appropriations request pro- ly for District of Columbia employees’ disability non-negotiable item for collective bargaining vided for payments to public charter schools in compensation: Provided further, That no less purposes: Provided further, That this appro- the proposed budget of the District of Columbia than $8,498,720, to remain available until ex- priation shall not be available to subsidize the for fiscal year 2005 (as submitted to Congress), pended, shall be deposited in the Addiction Re- education of any nonresident of the District of and the amount of such payment shall be covery Fund, established pursuant to section 5

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9683 of the Choice in Drug Treatment Act of 2000 District of Columbia Home Rule Act (D.C. Offi- Increment Financing requirements, not to ex- (D.C. Law 13–146; D.C. Official Code, sec. 7– cial Code, sec. 1–204.50a), such additional ceed $9,710,000 from the District’s general fund 3004) and used exclusively for the purpose of the amounts from the District’s general fund bal- balance. Choice in Drug Treatment program, established ance as are necessary to meet the balance re- PAY-AS-YOU-GO CONTINGENCY pursuant to section 4 of the Choice in Drug quirements for funds under section 450A. For Pay-As-You-Go Contingency Fund, Treatment Act of 2000 (D.C. Law 13–146; D.C. REPAYMENT OF LOANS AND INTEREST Official Code, sec. 7–3003), of which $7,500,000 $43,137,000, subject to the Criteria for Spending For payment of principal, interest, and cer- Pay-as-You-Go Funding Act of 2004, approved shall be provided from local funds: Provided fur- tain fees directly resulting from borrowing by ther, That none of the $8,498,720 for the Choice by the Council of the District of Columbia on 1st the District of Columbia to fund District of Co- reading, May 14, 2004 (Title I of Bill 15–768), in Drug Treatment program shall be used by the lumbia capital projects as authorized by sections Department of Health’s Addiction Prevention there are authorized to be transferred from the 462, 475, and 490 of the District of Columbia contingency fund to certain other headings of and Recovery Administration to provide youth Home Rule Act (D.C. Official Code, secs. 1– residential treatment services or youth out- this Act as necessary to carry out the purposes 204.62, 1–204.75, and 1–204.90), $347,700,000 from of this Act. Expenditures from the Pay-As-You- patient treatment services: Provided further, local funds. That no less than $2,000,000 shall be available to Go Contingency Fund shall be subject to the ap- AYMENT OF INTEREST ON SHORT-TERM the Department of Health’s Addiction Preven- P proval of the Council by resolution. BORROWING tion and Recovery Administration exclusively REVISED REVENUE ESTIMATE CONTINGENCY For payment of interest on short-term bor- for the purpose of providing youth residential PRIORITY treatment services: Provided further, That no rowing, $4,000,000 from local funds. less than $1,575,416 shall be available to the De- CERTIFICATES OF PARTICIPATION If the Chief Financial Officer for the District of Columbia certifies through a revised revenue partment of Health’s Addiction Prevention and For principal and interest payments on the estimate that funds are available from local Recovery Administration exclusively for the pur- District’s Certificates of Participation, issued to funds, such available funds shall be expended pose of providing youth outpatient treatment finance the ground lease underlying the build- as provided in the Contingency for Recordation services, of which $750,000 shall be made avail- ing located at One Judiciary Square, $11,252,000 and Transfer Tax Reduction and the Office of able exclusively to provide intensive outpatient from local funds. Property Management and Library Expendi- treatment slots, outpatient treatment slots, and SETTLEMENTS AND JUDGMENTS other program costs for youth in the care of the tures Act of 2004, approved by the Council of the For making refunds and for the payment of Youth Services Administration: Provided fur- District of Columbia on 1st reading, May 14, legal settlements or judgments that have been ther, That no less than $1,400,000 shall be used 2004 (Bill 15–768), including up to $2,000,000 to entered against the District of Columbia govern- by the Department of Health’s Addiction Pre- the Office of Property Management, up to ment, $20,270,000 from local funds: Provided, vention and Recovery Administration to fund a $1,200,000 to the District of Columbia Public Li- That this appropriation shall not be construed Child and Family Services Agency pilot project brary, up to $256,000 to the D.C. Police and as modifying or affecting the provisions of sec- entitled Family Treatment Court: Provided fur- Firefighters Retirement and Relief Board, and tion 103 of this Act. ther, That $1,200,000 of local funds, to remain $132,600 for the Police and Fire Clinic. available until expended, shall be deposited in WILSON BUILDING ENTERPRISE AND OTHER FUNDS the Adoption Voucher Fund, established pursu- For expenses associated with the John A. Wil- WATER AND SEWER AUTHORITY ant to section 3805(a) of the Adoption Voucher son building, $3,633,000 from local funds. Fund Act of 2000, effective October 19, 2000 WORKFORCE INVESTMENTS For operation of the Water and Sewer Author- ity, $287,206,000 from other funds, of which (D.C. Law 13–172; D.C. Official Code, sec. 4– For workforce investments, $38,114,000 from $15,180,402 shall be apportioned for repayment 344(a)), to be used exclusively for the purposes local funds, to be transferred by the Mayor of of loans and interest incurred for capital im- set forth in section 3805(b) of the Adoption the District of Columbia within the various ap- provement projects and payable to the District’s Voucher Fund Act (D.C. Official Code, sec. 4– propriation headings in this Act for which em- debt service fund. 344(b)): Provided further, That no less than ployees are properly payable: Provided, That of $300,000 shall be used by the Department of this amount $3,548,000 shall remain available For construction projects, $371,040,000, to be Health’s Environmental Health Administration until expended to meet the requirements of the distributed as follows: $181,656,000 for the Blue to operate the Total Maximum Daily Load pro- Compensation Agreement Between the District Plains Wastewater Treatment Plant, $43,800,000 gram: Provided further, That no less than of Columbia Government Units 1 and 2 Approval for the sewer program, $9,118,000 for the $1,268,500 shall be used by the Department of Resolution of 2004, effective February 17, 2004 stormwater program, $122,627,000 for the water Health’s Environmental Health Administration (Res. 15–459; 51 DCR 2325). program, and $13,839,000 for the capital equip- to operate its air quality programs, of which no ment program; in addition, $10,000,000 from NON-DEPARTMENTAL AGENCY less than $242,000 shall be used to fund 4 full- funds previously appropriated in this Act under time air quality employees: Provided further, To account for anticipated costs that cannot the heading ‘‘Federal Payment to the District of That the Department of Human Services, Youth be allocated to specific agencies during the de- Columbia Water and Sewer Authority’’: Pro- Services Administration shall not expend any velopment of the proposed budget, $13,946,000 vided, That the requirements and restrictions appropriated fiscal year 2005 funds until the (including $4,000,000 from local funds and that are applicable to general fund capital im- Mayor has submitted to the Council by Sep- $9,946,000 from other funds) to be transferred by provement projects and set forth in this Act tember 30, 2004 a plan, including time lines, to the Mayor of the District of Columbia within under the Capital Outlay appropriation account close the Oak Hill Youth Center at the earliest the various appropriations headings in this Act: shall apply to projects approved under this ap- feasible date. All of the above proviso amounts Provided, That $4,000,000 from local funds shall propriation account. be for anticipated costs associated with the No in this heading relate back to and are a subset WASHINGTON AQUEDUCT of the first-referenced appropriation amount of Child Left Behind Act. $2,533,825,000. PAY-AS-YOU-GO CAPITAL For operation of the Washington Aqueduct, $47,972,000 from other funds. PUBLIC WORKS For Pay-As-You-Go Capital funds in lieu of Public works, including rental of one pas- capital financing, $6,531,000 from local funds, to STORMWATER PERMIT COMPLIANCE ENTERPRISE senger-carrying vehicle for use by the Mayor be transferred to the Capital Fund, subject to FUND and three passenger-carrying vehicles for use by the Criteria for Spending Pay-as-You-Go Fund- For operation of the Stormwater Permit Com- the Council of the District of Columbia and leas- ing Amendment Act of 2003 (D.C. Act 15–106): pliance Enterprise Fund, $3,792,000 from other ing of passenger-carrying vehicles, $331,936,000 Provided, That pursuant to this Act, there are funds. (including $312,035,000 from local funds, authorized to be transferred from Pay-As-You- LOTTERY AND CHARITABLE GAMES ENTERPRISE $4,000,000 from Federal funds, and $15,901,000 Go Capital funds to other headings of this Act, FUND from other funds), in addition, $5,000,000 from such sums as may be necessary to carry out the funds previously appropriated in this Act under purposes of this Act. For the Lottery and Charitable Games Enter- the heading ‘‘Federal Payment for Transpor- EMERGENCY PLANNING AND SECURITY FUND prise Fund, established by the District of Colum- tation Assistance’’: Provided, That this appro- For Emergency Planning and Security Fund, bia Appropriation Act, 1982, for the purpose of priation shall not be available for collecting $15,000,000 from funds previously appropriated implementing the Law to Legalize Lotteries, ashes or miscellaneous refuse from hotels and in this Act under the heading ‘‘Federal Payment Daily Numbers Games, and Bingo and Raffles places of business. for Planning and Security Costs in the District for Charitable Purposes in the District of Co- CASH RESERVE of Columbia’’. lumbia (D.C. Law 3–172; D.C. Official Code, sec. 3–1301 et seq. and sec. 22–1716 et seq.), OLD CONVENTION CENTER DEMOLITION RESERVE For the cumulative cash reserve established $247,000,000 from other funds: Provided, That pursuant to section 202(j)(2) of the District of For the Old Convention Center Demolition Re- the District of Columbia shall identify the Columbia Financial Responsibility and Manage- serve, such amounts as may be necessary, not to source of funding for this appropriation title ment Assistance Act of 1995 (D.C. Official Code, exceed $11,000,000, from the District’s general from the District’s own locally generated reve- sec. 47–392.02(j)(2)), $50,000,000 from local funds. fund balance. nues: Provided further, That no revenues from EMERGENCY AND CONTINGENCY RESERVE FUNDS TAX INCREMENT FINANCING PROGRAM Federal sources shall be used to support the op- For the emergency reserve fund and the con- For a Tax Increment Financing Program, erations or activities of the Lottery and Chari- tingency reserve fund under section 450A of the such amounts as are necessary to meet the Tax table Games Control Board: Provided further,

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 S9684 CONGRESSIONAL RECORD — SENATE September 24, 2004 That the Lottery and Charitable Games Enter- for a net amount of $725,886,000, to remain (2) eliminates a program, project, or responsi- prise Fund is hereby authorized to make trans- available until expended; in addition, $7,000,000 bility center; fers to the general fund of the District of Colum- from funds previously appropriated in this Act (3) establishes or changes allocations specifi- bia, in excess of this appropriation, if such under the heading ‘‘Federal Payment for the cally denied, limited or increased under this Act; funds are available for transfer. Unified Communications Center’’ and $3,000,000 (4) increases funds or personnel by any means SPORTS AND ENTERTAINMENT COMMISSION from funds previously appropriated in this Act for any program, project, or responsibility center under the heading ‘‘Federal Payment for the for which funds have been denied or restricted; For the Sports and Entertainment Commis- Anacostia Waterfront Initiative’’: Provided, (5) reestablishes any program or project pre- sion, $7,322,000 from other funds: Provided, That funds for use of each capital project imple- viously deferred through reprogramming; That the paragraph under the heading ‘‘Sports menting agency shall be managed and con- (6) augments any existing program, project, or and Entertainment Commission’’ in Public Law trolled in accordance with all procedures and responsibility center through a reprogramming 108–199 (118 Stat. 125) is amended by striking the limitations established under the Financial of funds in excess of $1,000,000 or 10 percent, term ‘‘local funds’’ and inserting the term Management System: Provided further, That all whichever is less; or ‘‘other funds’’ in its place. funds provided by this appropriation title shall (7) increases by 20 percent or more personnel DISTRICT OF COLUMBIA RETIREMENT BOARD be available only for the specific projects and assigned to a specific program, project or re- For the District of Columbia Retirement purposes intended: Provided further, That the sponsibility center, unless the Committee on Ap- Board, established pursuant to section 121 of the Office of the Chief Technology Officer of the propriations of the House of Representatives District of Columbia Retirement Reform Act of District of Columbia shall implement the fol- and Senate are notified in writing 15 days in ad- 1979 (D.C. Official Code, sec. 1–711), $15,277,000 lowing information technology projects on be- vance of the reprogramming. from the earnings of the applicable retirement half of the District of Columbia Public Schools: (b) None of the local funds contained in this funds to pay legal, management, investment, Student Information System (project number Act may be available for obligation or expendi- and other fees and administrative expenses of T2240), Student Information System PCS ture for an agency through a transfer of any the District of Columbia Retirement Board: Pro- (project number T2241), Enterprise Resource local funds in excess of $1,000,000 from one ap- vided, That the District of Columbia Retirement Planning (project number T2242), E-Rate propriation heading to another unless the Com- Board shall provide to the Congress and to the (project number T2243), and SETS Expansion mittees on Appropriations of the House of Rep- Council of the District of Columbia a quarterly PCS (project number T2244). resentatives and Senate are notified in writing 15 days in advance of the transfer, except that report of the allocations of charges by fund and TITLE III—GENERAL PROVISIONS of expenditures of all funds: Provided further, in no event may the amount of any funds trans- SEC. 301. Whenever in this Act, an amount is That the District of Columbia Retirement Board ferred exceed 4 percent of the local funds in the specified within an appropriation for particular shall provide the Mayor, for transmittal to the appropriations. purposes or objects of expenditure, such Council of the District of Columbia, an itemized SEC. 309. Consistent with the provisions of sec- amount, unless otherwise specified, shall be con- accounting of the planned use of appropriated tion 1301(a) of title 31, United States Code, ap- sidered as the maximum amount that may be ex- funds in time for each annual budget submis- propriations under this Act shall be applied pended for said purpose or object rather than an sion and the actual use of such funds in time for only to the objects for which the appropriations amount set apart exclusively therefor. each annual audited financial report. were made except as otherwise provided by law. SEC. 302. Appropriations in this Act shall be SEC. 310. Notwithstanding any other provi- WASHINGTON CONVENTION CENTER ENTERPRISE available for expenses of travel and for the pay- sions of law, the provisions of the District of Co- FUND ment of dues of organizations concerned with lumbia Government Comprehensive Merit Per- For the Washington Convention Center Enter- the work of the District of Columbia govern- sonnel Act of 1978 (D.C. Law 2–139; D.C. Offi- prise Fund, $77,176,000 from other funds. ment, when authorized by the Mayor: Provided, cial Code, sec. 1–601.01 et seq.), enacted pursu- NATIONAL CAPITAL REVITALIZATION That in the case of the Council of the District of ant to section 422(3) of the District of Columbia CORPORATION Columbia, funds may be expended with the au- Home Rule Act (D.C. Official Code, sec. 1– For the National Capital Revitalization Cor- thorization of the Chairman of the Council. 204l.22(3)), shall apply with respect to the com- poration, $7,850,000 from other funds. SEC. 303. There are appropriated from the ap- pensation of District of Columbia employees: plicable funds of the District of Columbia such Provided, That for pay purposes, employees of UNIVERSITY OF THE DISTRICT OF COLUMBIA sums as may be necessary for making refunds the District of Columbia government shall not be For the University of the District of Columbia, and for the payment of legal settlements or subject to the provisions of title 5, United States $85,102,000 (including, $49,602,000 from local judgments that have been entered against the Code. funds previously appropriated in this Act under District of Columbia government. SEC. 311. No later than 30 days after the end the heading ‘‘Public Education Systems’’, SEC. 304. No part of any appropriation con- of the first quarter of fiscal year 2005, the $15,192,000 from Federal funds, $19,434,000 from tained in this Act shall remain available for ob- Mayor of the District of Columbia shall submit other funds, and $873,000 from private funds): ligation beyond the current fiscal year unless to the Council of the District of Columbia and Provided, That this appropriation shall not be expressly to provided herein. the Committees on Appropriations of the House available to subsidize the education of non- SEC. 305. None of the funds appropriated in of Representatives and Senate the new fiscal residents of the District of Columbia at the Uni- this Act shall be made available to pay the sal- year 2005 revenue estimates as of the end of versity of the District of Columbia, unless the ary of any employee of the District of Columbia such quarter. These estimates shall be used in Board of Trustees of the University of the Dis- government whose name, title, grade, and salary the budget request for fiscal year 2005. The offi- trict of Columbia adopts, for the fiscal year end- are not available for inspection by the Commit- cially revised estimates at midyear shall be used ing September 30, 2005, a tuition rate schedule tees on Appropriations of the House of Rep- for the midyear report. that will establish the tuition rate for non- resentatives and Senate, the Committee on Gov- SEC. 312. No sole source contract with the Dis- resident students at a level no lower than the ernment Reform of the House of Representa- trict of Columbia government or any agency nonresident tuition rate charged at comparable tives, the Committee on Governmental Affairs of thereof may be renewed or extended without public institutions of higher education in the the Senate, and the Council of the District of opening that contract to the competitive bidding metropolitan area. Columbia, or their duly authorized representa- process as set forth in section 303 of the District UNEMPLOYMENT COMPENSATION FUND tive. of Columbia Procurement Practices Act of 1985 For the Unemployment Compensation Fund, SEC. 306. None of the Federal funds provided (D.C. Law 6–85; D.C. Official Code, sec. 2– $180,000,000 from other funds. in this Act may be used for publicity or propa- 303.03), except that the District of Columbia gov- ganda purposes or implementation of any policy ernment or any agency thereof may renew or ex- DISTRICT OF COLUMBIA PERSONNEL TRUST FUND including boycott designed to support or defeat tend sole source contracts for which competition For the District of Columbia Personnel Trust legislation pending before Congress or any State is not feasible or practical, but only if the deter- Fund, $953,000 from other funds. legislature. mination as to whether to invoke the competi- DISTRICT OF COLUMBIA PUBLIC LIBRARY TRUST SEC. 307. (a) None of the Federal funds pro- tive bidding process has been made in accord- FUND vided in this Act may be used to carry out lob- ance with duly promulgated rules and proce- For the District of Columbia Public Library bying activities on any matter. dures and has been reviewed and certified by Trust Fund, $17,000 from other funds: Provided, (b) Nothing in this section may be construed the Chief Financial Officer of the District of Co- That $7,000 shall be for the Theodore W. Noyes to prohibit any elected official from advocating lumbia. Trust Fund: Provided further, That $10,000 with respect to any issue. SEC. 313. None of the Federal funds provided shall be for the Peabody Trust Fund. SEC. 308. (a) None of the funds provided under in this Act may be used by the District of Co- this Act to the agencies funded by this Act, both lumbia to provide for salaries, expenses, or other CAPITAL OUTLAY Federal and District government agencies, that costs associated with the offices of United States (INCLUDING RESCISSIONS) remain available for obligation or expenditure in Senator or United States Representative under For construction projects, an increase of fiscal year 2005, or provided from any accounts section 4(d) of the District of Columbia State- $1,087,649,000, of which $839,897,000 shall be in the Treasury of the United States derived by hood Constitutional Convention Initiatives of from local funds, $38,542,000 from Highway the collection of fees available to the agencies 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1– Trust funds, $37,000,000 from the Rights-of-way funded by this Act, shall be available for obliga- 123). funds, $172,209,000 from Federal funds, and a tion or expenditures for an agency through a re- SEC. 314. None of the funds appropriated rescission of $367,763,000 from local funds appro- programming of funds which— under this Act shall be expended for any abor- priated under this heading in prior fiscal years, (1) creates new programs; tion except where the life of the mother would

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9685 be endangered if the fetus were carried to term Department who resides in the District of Co- use, or distribution of any schedule I substance or where the pregnancy is the result of an act lumbia and is on call 24 hours a day or is other- under the Controlled Substances Act (21 U.S.C. of rape or incest. wise designated by the Fire Chief; 802) or any tetrahydrocannabinols derivative. SEC. 315. None of the Federal funds made (3) the Mayor of the District of Columbia; and (b) The Legalization of Marijuana for Medical available in this Act may be used to implement (4) the Chairman of the Council of the District Treatment Initiative of 1998, also known as Ini- or enforce the Health Care Benefits Expansion of Columbia. tiative 59, approved by the electors of the Dis- Act of 1992 (D.C. Law 9–114; D.C. Official Code, (b) The Chief Financial Officer of the District trict of Columbia on November 3, 1998, shall not sec. 32–701 et seq.) or to otherwise implement or of Columbia shall submit by March 1, 2005, an take effect. enforce any system of registration of unmarried, inventory, as of September 30, 2004, of all vehi- SEC. 323. Nothing in this Act may be construed cohabiting couples, including but not limited to cles owned, leased or operated by the District of to prevent the Council or Mayor of the District registration for the purpose of extending em- Columbia government. The inventory shall in- of Columbia from addressing the issue of the ployment, health, or governmental benefits to clude, but not be limited to, the department to provision of contraceptive coverage by health such couples on the same basis that such bene- which the vehicle is assigned; the year and insurance plans, but it is the intent of Congress fits are extended to legally married couples. make of the vehicle; the acquisition date and that any legislation enacted on such issue SEC. 316. (a) Notwithstanding any other provi- cost; the general condition of the vehicle; an- should include a ‘‘conscience clause’’ which sion of this Act, the Mayor, in consultation with nual operating and maintenance costs; current provides exceptions for religious beliefs and the Chief Financial Officer of the District of Co- mileage; and whether the vehicle is allowed to moral convictions. lumbia may accept, obligate, and expend Fed- be taken home by a District officer or employee SEC. 324. The Mayor of the District of Colum- eral, private, and other grants received by the and if so, the officer or employee’s title and resi- bia shall submit to the Committees on Appro- District government that are not reflected in the dent location. priations of the House of Representatives and amounts appropriated in this Act. SEC. 318. None of the funds contained in this Senate, the Committee on Government Reform of (b)(1) No such Federal, private, or other grant Act may be used for purposes of the annual the House of Representatives, and the Com- may be accepted, obligated, or expended pursu- independent audit of the District of Columbia mittee on Governmental Affairs of the Senate ant to subsection (a) until— government for fiscal year 2005 unless— quarterly reports addressing— (A) the Chief Financial Officer of the District (1) the audit is conducted by the Inspector (1) crime, including the homicide rate, imple- of Columbia submits to the Council a report set- General of the District of Columbia, in coordina- mentation of community policing, the number of ting forth detailed information regarding such tion with the Chief Financial Officer of the Dis- police officers on local beats, and the closing grant; and trict of Columbia, pursuant to section 208(a)(4) down of open-air drug markets; (2) access to substance and alcohol abuse (B) the Council has reviewed and approved of the District of Columbia Procurement Prac- treatment, including the number of treatment the acceptance, obligation, and expenditure of tices Act of 1985 (D.C. Official Code, sec. 2– slots, the number of people served, the number such grant. 302.8); and of people on waiting lists, and the effectiveness (2) For purposes of paragraph (1)(B), the (2) the audit includes as a basic financial of treatment programs; statement a comparison of audited actual year- Council shall be deemed to have reviewed and (3) management of parolees and pre-trial vio- approved the acceptance, obligation, and ex- end results with the revenues submitted in the lent offenders, including the number of halfway penditure of a grant if— budget document for such year and the appro- houses escapes and steps taken to improve moni- (A) no written notice of disapproval is filed priations enacted into law for such year using toring and supervision of halfway house resi- with the Secretary of the Council within 14 cal- the format, terminology, and classifications con- dents to reduce the number of escapes to be pro- endar days of the receipt of the report from the tained in the law making the appropriations for vided in consultation with the Court Services Chief Financial Officer under paragraph (1)(A); the year and its legislative history. and Offender Supervision Agency for the Dis- or SEC. 319. (a) None of the Federal funds con- trict of Columbia; (B) if such a notice of disapproval is filed tained in this Act may be used by the District of (4) education, including access to special edu- within such deadline, the Council does not by Columbia Corporation Counsel or any other of- cation services and student achievement to be resolution disapprove the acceptance, obliga- ficer or entity of the District government to pro- provided in consultation with the District of Co- tion, or expenditure of the grant within 30 cal- vide assistance for any petition drive or civil ac- lumbia Public Schools and the District of Co- endar days of the initial receipt of the report tion which seeks to require Congress to provide lumbia public charter schools; from the Chief Financial Officer under para- for voting representation in Congress for the (5) improvement in basic District services, in- graph (1)(A). District of Columbia. cluding rat control and abatement; (c) No amount may be obligated or expended (b) Nothing in this section bars the District of (6) application for and management of Fed- from the general fund or other funds of the Dis- Columbia Corporation Counsel from reviewing eral grants, including the number and type of trict of Columbia government in anticipation of or commenting on briefs in private lawsuits, or grants for which the District was eligible but the approval or receipt of a grant under sub- from consulting with officials of the District failed to apply and the number and type of section (b)(2) or in anticipation of the approval government regarding such lawsuits. grants awarded to the District but for which the or receipt of a Federal, private, or other grant SEC. 320. (a) None of the Federal funds con- District failed to spend the amounts received; not subject to such subsection. tained in this Act may be used for any program and (d) The Chief Financial Officer of the District of distributing sterile needles or syringes for the (7) indicators of child well-being. of Columbia may adjust the budget for Federal, hypodermic injection of any illegal drug. SEC. 325. (a) No later than 30 calendar days private, and other grants received by the Dis- (b) Any individual or entity who receives any after the date of the enactment of this Act, the trict government reflected in the amounts appro- funds contained in this Act and who carries out Chief Financial Officer of the District of Colum- priated in this Act, or approved and received any program described in subsection (a) shall bia shall submit to the appropriate committees of under subsection (b)(2) to reflect a change in the account for all funds used for such program sep- Congress, the Mayor, and the Council of the actual amount of the grant. arately from any funds contained in this Act. District of Columbia a revised appropriated (e) The Chief Financial Officer of the District SEC. 321. None of the funds contained in this funds operating budget in the format of the of Columbia shall prepare a quarterly report set- Act may be used after the expiration of the 60- budget that the District of Columbia government ting forth detailed information regarding all day period that begins on the date of the enact- submitted pursuant to section 442 of the District Federal, private, and other grants subject to this ment of this Act to pay the salary of any chief of Columbia Home Rule Act (D.C. Official Code, section. Each such report shall be submitted to financial officer of any office of the District of sec. 1–204.42), for all agencies of the District of the Council of the District of Columbia and to Columbia government (including any inde- Columbia government for fiscal year 2004 that is the Committees on Appropriations of the House pendent agency of the District of Columbia) who in the total amount of the approved appropria- of Representatives and Senate not later than 15 has not filed a certification with the Mayor and tion and that realigns all budgeted data for per- days after the end of the quarter covered by the the Chief Financial Officer of the District of Co- sonal services and other-than-personal-services, report. lumbia that the officer understands the duties respectively, with anticipated actual expendi- SEC. 317. (a) Except as otherwise provided in and restrictions applicable to the officer and the tures. this section, none of the funds made available officer’s agency as a result of this Act (and the (b) APPLICABILITY.—This provision shall by this Act or by any other Act may be used to amendments made by this Act), including any apply only to an agency where the Chief Finan- provide any officer or employee of the District of duty to prepare a report requested either in the cial Officer of the District of Columbia certifies Columbia with an official vehicle unless the of- Act or in any of the reports accompanying the that a reallocation is required to address unan- ficer or employee uses the vehicle only in the Act and the deadline by which each report must ticipated changes in program requirements. performance of the officer’s or employee’s offi- be submitted. The Chief Financial Officer of the SEC. 326. None of the funds contained in this cial duties. For purposes of this paragraph, the District of Columbia shall provide to the Com- Act may be used to issue, administer, or enforce term ‘‘official duties’’ does not include travel be- mittees on Appropriations of the House of Rep- any order by the District of Columbia Commis- tween the officer’s or employee’s residence and resentatives and Senate by the 10th day after sion on Human Rights relating to docket num- workplace, except in the case of— the end of each quarter a summary list showing bers 93–030–(PA) and 93–031–(PA). (1) an officer or employee of the Metropolitan each report, the due date, and the date sub- SEC. 327. Notwithstanding any other law, the Police Department who resides in the District of mitted to the Committees. District of Columbia Courts shall transfer to the Columbia or is otherwise designated by the SEC. 322. (a) None of the funds contained in general treasury of the District of Columbia all Chief of the Department; this Act may be used to enact or carry out any fines levied and collected by the Courts under (2) an officer or employee of the District of Co- law, rule, or regulation to legalize or otherwise section 10(b)(1) and (2) of the District of Colum- lumbia Fire and Emergency Medical Services reduce penalties associated with the possession, bia Traffic Act (D.C. Official Code, sec. 50–

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 6333 E:\CR\FM\A24SE6.019 S24PT1 S9686 CONGRESSIONAL RECORD — SENATE September 24, 2004 2201.05(b)(1) and (2)). The transferred funds into which the Mayor shall make a deposit in and contingency cash reserve funds amount es- shall remain available until expended and shall cash not later than October 1 of each fiscal year tablished by Section 450A of the District of Co- be used by the Office of the Corporation Counsel of such an amount as may be required to main- lumbia Home Rule Act, approved December 24, for enforcement and prosecution of District traf- tain a balance in the fund of at least 2 percent 1973 (87 Stat. 803; D.C. Official Code, sec. 1– fic alcohol laws in accordance with section of the operating expenditures as defined in 204.50a), as amended by this Act and is author- 10(b)(3) of the District of Columbia Traffic Act paragraph (2) of this subsection or such amount ized to transfer funds between the emergency (D.C. Official Code, sec. 50–2201.05(b)(3)). as may be required for deposit in a fiscal year in and contingency cash reserve funds to reach the SEC. 328. None of the funds contained in this which the District is replenishing the emergency required percentages: Provided, That for fiscal Act may be made available to pay— reserve fund pursuant to subsection (a)(7).’’. year 2005, the Chief Financial Officer may (1) the fees of an attorney who represents a (B) Paragraph (2) is amended to read as fol- transfer funds from the emergency and contin- party in an action or an attorney who defends lows: gency cash reserve funds to the general fund of an action, including an administrative pro- ‘‘(2) IN GENERAL.—For the purpose of this sub- the District of Columbia to the extent that such ceeding, brought against the District of Colum- section, operating expenditures is defined as the funds are not necessary to meet the require- bia Public Schools under the Individuals with amount reported in the District of Columbia’s ments established for each fund: Provided fur- Disabilities Education Act (20 U.S.C. 1400 et Comprehensive Annual Financial Report for the ther, That the Chief Financial Officer may not seq.) in excess of $4,000 for that action; or fiscal year immediately preceding the current transfer funds from the emergency or the con- (2) the fees of an attorney or firm whom the fiscal year as the actual operating expenditure tingency reserve funds to the extent that such a Chief Financial Officer of the District of Colum- from local funds, less such amounts that are at- transfer would lower the fiscal year 2005 total bia determines to have a pecuniary interest, ei- tributed to debt service payments for which a percentage below 7 percent of operating expend- ther through an attorney, officer or employee of separate reserve fund is already established itures, as amended by this Act. the firm, in any special education diagnostic under this Act.’’. SEC. 335. Section 6 of the Policemen and Fire- services, schools, or other special education (C) Paragraph (7) is amended to read as fol- men’s Retirement and Disability Act, approved service providers. lows: August 21, 1957 (Public Law 85–157; 71 Stat. 399; SEC. 329. The Chief Financial Officer of the ‘‘(7) REPLENISHMENT.—The District of Colum- D.C. Official Code § 5–732) is amended by strik- District of Columbia shall require attorneys in bia shall appropriate sufficient funds each fiscal ing the phrase ‘‘of this chapter, to the extent special education cases brought under the Indi- year in the budget process to replenish any that such benefit payments exceed the deduc- viduals with Disabilities Act (IDEA) in the Dis- amounts allocated from the emergency reserve tions from the salaries of federal employees for trict of Columbia to certify in writing that the fund during the preceding fiscal years so that credit to the revenues of the District of Colum- attorney or representative rendered any and all not less than 50 percent of any amount allo- bia.’’ and inserting the phrase ‘‘of this chapter services for which they receive awards, includ- cated in the preceding fiscal year or the amount and to reimburse the District of Columbia for ing those received under a settlement agreement necessary to restore the emergency reserve fund the administrative costs associated with making or as part of an administrative proceeding, to the 2 percent required balance, whichever is such benefit payments for credit to the revenues under the IDEA from the District of Columbia: less, is replenished by the end of the first fiscal of the District of Columbia: Provided, That ben- Provided, That as part of the certification, the year following each such allocation and 100 per- efit payment reimbursement shall only be to the Chief Financial Officer of the District of Colum- cent of the amount allocated or the amount nec- extent that such benefit payments exceed the de- bia shall require all attorneys in IDEA cases to essary to restore the emergency reserve fund to ductions from the salaries of federal employees.’’ disclose any financial, corporate, legal, member- the 2 percent required balance, whichever is in its place. ships on boards of directors, or other relation- less, is replenished by the end of the second fis- SEC. 336. Notwithstanding any other provision ships with any special education diagnostic cal year following each such allocation.’’. of this Act, there is hereby appropriated for the services, schools, or other special education (2) Subsection (b) is amended as follows: Office of the Inspector General such amounts in service providers to which the attorneys have re- (A) Paragraph (1) is amended to read as fol- local funds, as are consistent with the annual ferred any clients as part of this certification: lows: estimates for the expenditures and appropria- Provided further, That the Chief Financial Offi- ‘‘(1) IN GENERAL.—There is established a con- tions necessary for the operation of the Office of cer shall prepare and submit quarterly reports to tingency cash reserve fund (‘contingency reserve the Inspector General as prepared by the In- the Committees on Appropriations of the House fund’) as an interest-bearing account, separate spector General and submitted to the Mayor and of Representatives and Senate on the certifi- from other accounts in the General Fund, into forwarded to the Council pursuant to D.C. Offi- cation of and the amount paid by the govern- which the Mayor shall make a deposit in cash cial Code 2–302.08(a)(2)(A) for fiscal year 2005: ment of the District of Columbia, including the not later than October 1 of each fiscal year of Provided, That the Office of the Chief Financial District of Columbia Public Schools, to attorneys such amount as may be required to maintain a Officer shall take such steps as are necessary to in cases brought under IDEA: Provided further, balance in the fund of at least 4 percent of the implement the provisions of this subsection. That the Inspector General of the District of Co- operating expenditures as defined in paragraph SEC. 337. The authority which the Chief Fi- lumbia may conduct investigations to determine (2) of this subsection or such amount as may be nancial Officer of the District of Columbia exer- the accuracy of the certifications. required for deposit in a fiscal year in which the cised with respect to personnel, procurement, SEC. 330. Section 401(a) and (b) of Chapter 4 District is replenishing the emergency reserve and the preparation of fiscal impact statements of Public Law 106–554 is hereby amended by fund pursuant to subsection (b)(6).’’. during a control period (as defined in Public striking paragraph (5). (B) Paragraph (2) is amended to read as fol- Law 104–8) shall remain in effect through Sep- SEC. 331. Sections 11–1701(b)(5), 11–1704(b), 11– lows: tember 30, 2005. 1723(b), 11–2102(a)(2), and the second and third ‘‘(2) IN GENERAL.—For the purpose of this sub- SEC. 338. The paragraph under the heading sentences of Section 11–1724, of the District of section, operating expenditures is defined as the ‘‘Federal Payment for Incentives for Adoption Columbia Official Code, are hereby repealed. amount reported in the District of Columbia’s of Children’’ in Public Law 106–113, approved SEC. 332. Section 11–1728 of the District of Co- Comprehensive Annual Financial Report for the November 29, 1999 (113 Stat. 1501), is amended to lumbia Official Code, is amended to read as fol- fiscal year immediately preceding the current add the following proviso: ‘‘: Provided further, lows: fiscal year as the actual operating expenditure That the funds provided under this heading for ‘‘SEC. 11–1728. RECRUITMENT AND TRAINING OF from local funds, less such amounts that are at- the establishment of a scholarship fund for Dis- PERSONNEL AND TRAVEL. tributed to debt service payments for which a trict of Columbia children of adoptive families, ‘‘(a) The Executive Officer shall be responsible separate reserve fund is already established and District of Columbia children without par- for recruiting such qualified personnel as may under this Act.’’. ents due to the September 11, 2001 terrorist at- be necessary for the District of Columbia Courts (C) Paragraph (6) is amended to read as fol- tack to be used for post high school education and for providing in-service training for court lows: and training, once obligated by the District to personnel. ‘‘(6) REPLENISHMENT.—The District of Colum- establish the scholarship fund, shall remain ob- ‘‘(b) Travel under Federal supply schedules is bia shall appropriate sufficient funds each fiscal ligated and be retained by the District for 25 authorized for the travel of court personnel on year in the budget process to replenish any years from the date of obligation to allow for official business. The joint committee shall pre- amounts allocated from the contingency reserve any individual who is within the class of per- scribe such requirements, conditions and restric- fund during the preceding fiscal years so that sons to be assisted by this provision to reach tions for such travel as it considers appropriate, not less than 50 percent of any amount allo- post high school and to present expenditures to and shall include policies and procedures for cated in the preceding fiscal year or the amount be extinguished by the fund’’. preventing abuses of that travel authority.’’. necessary to restore the contingency reserve SEC. 339. AUTHORITY OF OPCSFS. (a) Section SEC. 333. Section 450A of the District of Co- fund to the 4 percent required balance, which- 161(3)(E)(i) of Public Law 106–522 shall be lumbia Home Rule Act, approved December 24, ever is less, is replenished by the end of the first amended to include a new section known as 1973 (87 Stat. 803; D.C. Official Code, sec. 1– fiscal year following each such allocation and (E)(i)(IV) to establish regulations for admin- 204.50a), is amended as follows: 100 percent of the amount allocated or the istering lease guarantees through the credit en- (1) Subsection (a) is amended as follows: amount necessary to restore the contingency re- hancement fund to public charter schools in the (A) Paragraph (1) is amended to read as fol- serve fund to the 4 percent required balance, District of Columbia. lows: whichever is less, is replenished by the end of (b) The first sentence of section 143 of the Dis- ‘‘(1) IN GENERAL.—There is established an the second fiscal year following each such allo- trict of Columbia Appropriations Act of 2003 emergency cash reserve fund (‘emergency re- cation.’’. (Public Law 108–7, 117 STAT. 130) approved serve fund’) as an interest-bearing account (sep- SEC. 334. For fiscal year 2005, the Chief Fi- April 20, 2003 is amended by striking the phrase, arate from other accounts in the General Fund) nancial Officer shall re-calculate the emergency ‘‘under the authority of the Department of

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Banking and Financial Institutions’’ and in- ‘‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.— (i) any term or condition of the lease described serting ‘‘under the authority of the Mayor’’ in Any District of Columbia public school that was in paragraph (2) is violated, as determined by its place. approved to become a conversion public charter the Secretary; and SEC. 340. PROCESS FOR FILING CHARTER PETI- school under section 2201 before the effective (ii) the violation is not corrected by the date TIONS. D.C. Code § 38–1802.01 is amended by date of this subsection or is approved to become that is 90 days after the date on which the adding a new section (e) as follows— a conversion public charter school after the ef- Mayor of the District of Columbia receives from ‘‘(e) A petition to establish a public charter fective date of this subsection, shall have the the Secretary a written notice of the violation. school in the District of Columbia, or to convert right to exclusively occupy the facilities the (B) DETERMINATION OF CORRECTION.—A viola- a District of Columbia public school or an exist- school occupied as a District of Columbia public tion of a term or condition of the lease under ing private or independent school, is a public school under a lease for a period of not less subsection (a)(1) shall be determined to have document.’’. than 25 years, renewable for additional 25-year been corrected under subparagraph (A)(ii) if, SEC. 341. AMENDMENTS TO CHARTER SCHOOL periods as long as the school maintains its char- after notification of the violation, the District of LAW. (a) PROCESS FOR FILING CHARTER PETI- ter at the non-profit rate, or if there is no non- Columbia and the Secretary enter into an agree- TIONS.—Section 2201 of the District of Columbia profit rate, at 25 percent less than the fair mar- ment that the Secretary considers to be adequate School Reform Act of 1995 (D.C. Code 38–1802.01) ket rate for school use.’’. to ensure that the property leased will be used is amended— SEC. 342. ANNUAL REPORT TO CONGRESS. Sec- in a manner consistent with paragraph (2). (1) in subsection (a)(3)(B), by striking ‘‘two- tion 2211 of the School Reform Act of 1995 (D.C. (4) PROHIBITION OF CIVIL ACTIONS.—No person thirds’’ and inserting ‘‘51 percent’’; and Code 38–1802.11) shall be amended by: may bring a civil action relating to a violation (2) in subsection (b)(3)(B), by striking ‘‘two- (1) adding the following new subparagraph at any term or condition of the lease described in thirds’’ and inserting ‘‘51 percent’’. the end of section 2211(a)(1): paragraph (2) before the date that is 90 days (b) EMPLOYEES.—Section 2207 of the District ‘‘(D) Shall ensure that each public charter after the person notifies the Mayor of the Dis- of Columbia School Reform Act of 1995 (D.C. school complies with the annual reporting re- trict of Columbia of the alleged violation (in- Code 38–1802.07) is amended by adding at the quirement of subsection 38–1802.04(b)(11) of this cluding the intent of the person to bring a civil end the following: Act, including submission of the audited finan- action for termination of the lease under para- ‘‘(d) TEACHERS REMAINING AT CONVERTED cial statement required by sub-subsection (B)(ix) graph (3)). of that section.’’; and PUBLIC CHARTER SCHOOLS.—A teacher employed (5) REMOVAL OF STRUCTURES; REHABILITA- (2) adding the following before the period at at a District of Columbia public school that con- TION.—The lease under subsection (a)(1) shall be the end of subparagraph (d): ‘‘(10) details of verts to a public charter school under section subject to the condition that, in the event of a major Board actions; (11) major findings from 2201 shall have the option of remaining at the termination of the lease under paragraph (3), school reviews of academic, financial, and com- charter school during the school’s first year of the District of Columbia shall bear the cost of pliance with health and safety standards and operation after receiving an extended leave of removing structures on, or rehabilitating, the resulting Board action or recommendations; (12) absence under subsection (a)(1). After this 1- property leased. details of the fifth year review process and out- year period, the teacher may continue to be em- (6) ADMINISTRATION OF PROPERTY.—If the comes; (13) summary of annual financial audits ployed at the public charter school, at the sole lease under subsection (a)(1) is terminated of all charter schools, including (a) the number discretion of the public charter school, or shall under paragraph (3), the property covered by of schools that failed to timely submit the au- maintain current status within the District of the lease shall be administered by the Secretary dited financial statement required by that sec- Columbia public school system.’’. as a unit of the National Park System in the tion; (b) the number of schools whose audits re- (c) PUBLIC SCHOOL SERVICES TO PUBLIC CHAR- District of Columbia in accordance with— vealed a failure to follow required accounting TER SCHOOLS.—Section 2209(b) of the District of (A) the Act of August 25, 1916 (commonly practices or other material deficiencies; and (c) Columbia School Reform Act of 1995 (D.C. Code known as the ‘‘National Park Service Organic the steps taken by the authority to ensure that 38–1802.09(b)) is amended— Act’’) (16 U.S.C. 1 et seq.); and deficiencies found by the audits are rectified; (1) in paragraph (1)— (B) other laws (including regulations) gen- (A) by amending subparagraph (A) to read as (14) number of schools which have required erally applicable to units of the National Park follows: intervention by authorizing board to address System. ‘‘(A) IN GENERAL.—Notwithstanding any other any academic or operational issue; (15) what SEC. 344. BIENNIAL EVALUATION OF CHARTER provision of law, regulation, or order relating to recommendations an authorizing board has SCHOOL AUTHORIZING BOARDS. (a) Biennial the disposition of a facility or property described made to correct identified deficiencies’’. management evaluation of the District of Co- in subparagraph (B), or to the disposition of SEC. 343. LEASE TO DISTRICT OF COLUMBIA. (a) lumbia Chartering Authorities for the District of any property of the District of Columbia, the LEASE.— Columbia Public Charter Schools shall be con- Mayor and the District of Columbia government (1) IN GENERAL.—Not later than 90 days after ducted by the Comptroller General of the United shall give a right of first offer, which right shall the date of enactment of this Act, subject to sub- States. be annually reinstated with respect to any facil- section (b), the Secretary of the Interior (re- (b) Evaluation shall include the following: ity or property not previously disposed of, or ferred to in this section as the ‘‘Secretary’’) (1) Establish standards to assess each author- under contract to be disposed of, to an eligible shall lease to the government of the District of izer’s procedures and oversight quality; applicant whose petition to establish a public Columbia, without consideration, the property (2) Identify gaps in oversight and rec- charter school has been conditionally approved described in paragraph (2). ommendations; under section 2203(d)(2), or a Board of Trustees, (2) PROPERTY.—The property referred to in (3) Review processes of charter school applica- with respect to the purchase, lease, transfer, or paragraph (1) is— (A) the National Park Service land in Ana- tions; use of a facility or property described in sub- costia Park, the boundaries of which are the paragraph (B).’’; (4) Extent of ongoing monitoring, technical (B) by amending subparagraph (B)(iii) to read Anacostia River to the west, Watts Branch to assistance, and sanctions provided to schools; as follows: the south, Kenilworth Aquatic Gardens to the (5) Compliance with annual reporting require- ‘‘(iii) With respect to which— north, and Anacostia Avenue to the east (US ments; ‘‘(I) the Board of Education has transferred Reservations 325 and 343, Section G); and (6) Actual budget expenditures for the pre- jurisdiction to the Mayor and over which the (B) the community center under the jurisdic- ceding two fiscal years; Mayor has jurisdiction on the effective date of tion of the District of Columbia known as the (7) Comparison of budget expenditures with this subclause; or ‘‘Kenilworth Parkside Community Center’’. mandated responsibilities; (b) CONDITIONS OF LEASE.— ‘‘(II) over which the Mayor or any successor (8) Alignment with best practices; and (1) TERM.—The lease under subsection (a)(1) agency gains jurisdiction after the effective date (9) Quality and timeliness of meeting Section shall be for a period of 50 years. 2211(d) of the School Reform Act of 1995 (D.C. of this subclause.’’; and (2) TRANSFER OF TITLE.—The lease under sub- Code 38–1802.11(d)), as amended. (C) by adding at the end the following: section (a)(1) shall be subject to such terms and (c) INITIAL INTERIM REPORT TO CONGRESS.— ‘‘(C) TERMS OF PURCHASE OR LEASE.—The conditions, to be included in the lease, as are The Government Accountability Office shall terms of purchase or lease of a facility or prop- necessary to ensure that the property leased submit to the Committees on Appropriations of erty described in subparagraph (B) shall— under that subsection— ‘‘(i) be negotiated by the Mayor; (A) may be subleased by the District of Colum- the House of Representatives and Senate, no ‘‘(ii) include rent or an acquisition price, as bia to any public entity or private not-for-profit later than May 1, 2005, a baseline report on the applicable, that is at least 25 percent less than corporation under a public process; and performance of each authorizer in meeting the the appraised value of the property (based on (B) is used only for the provision of public requirements of the School Reform Act of 1995. use of the property for school purposes); and recreational facilities, open space, or public out- (d) Hereafter Section 2214(f) of Public Law ‘‘(iii) include a lease period, if the property is door recreational opportunities. 104–143 (D.C. Code 38–1802.14(f)), shall apply to to be leased, of not less than 25 years, and re- (C) Nothing in the Act precludes the District the District of Columbia Board of Education newable for additional 25-year periods as long of Columbia from entering into a sublease for all Charter Schools Office. as the eligible applicant or Board of Trustees or part of the property with a public not-for- SEC. 345. CLARIFYING OPERATIONS OF PUBLIC maintains its charter.’’; and profit entity for the management or mainte- CHARTER SCHOOL BOARD. Section 2214 of the (2) in paragraph (2)(A), by striking ‘‘pref- nance of the property. School Reform Act of 1995 (Public Law 104–134; erence’’ and inserting ‘‘a right to first offer’’; (3) TERMINATION.— D.C. Code 38–1802.14), is amended— and (A) IN GENERAL.—The lease under subsection (1) by striking subsection (f) and inserting the (3) by adding at the end the following: (a)(1) shall terminate if— following:

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‘‘(f) AUDIT.—The Board shall maintain its ac- Janjaweed bear responsibility for the geno- the Government of Sudan continues to ob- counts according to Generally Accepted Ac- cide. struct and prevent efforts to reverse the cat- counting Principles for Not-for-Profit Organiza- (7) The United Nations High Commissioner astrophic consequences that loom over tions. The Board shall provide for an audit of for Human Rights has identified massive Darfur. the financial statements of the Board by an human rights violations in Darfur per- SEC. 4. SENSE OF CONGRESS REGARDING THE independent certified public accountant in ac- petrated by the Government of Sudan and CONFLICT IN DARFUR, SUDAN. cordance with Government auditing standards the Janjaweed, which the Commissioner (a) SUDAN PEACE ACT.—It is the sense of for financial audits issued by the Comptroller stated may constitute war crimes or crimes Congress that the Sudan Peace Act (50 U.S.C. General of the United States. The findings and against humanity. 1701 note) remains relevant and should be ex- recommendations of any such audit shall be for- (8) Evidence collected by international ob- tended to include the Darfur region of warded to the Mayor, the District of Columbia servers in the Darfur region between Feb- Sudan. ruary 2003 and September 2004 indicate a co- Council, the appropriate congressional commit- (b) ACTIONS TO ADDRESS THE CONFLICT.—It tees, and the Office of the Chief Financial Offi- ordinated effort to target African Sudanese is the sense of Congress that— cer.’’; and civilians in a scorched earth policy, from (1) a legitimate countrywide peace in (2) adding at the end the following: both air and ground, that has destroyed Afri- Sudan will only be possible if the Agreed ‘‘(h) CONTRACTING AND PROCUREMENT.—The can Sudanese villages, killing and driving Principles of Part A of the Machakos Pro- away its people, while Arab Sudanese vil- Board shall have the authority to solicit, award, tocol of 2002, confirmed by the Nairobi Dec- lages have been left unscathed. and execute contracts independently of the Of- laration on the Final Phase of Peace in the (9) As a result of this coordinated cam- fice of Contracting and Procurement and the Sudan signed June 5, 2004, negotiated with paign, which Congress and the executive Chief Procurement Officer. Nothing in chapter 3 the SPLM, apply to all of Sudan and to all of branch have declared to be genocide, reports of title 2 of the District of Columbia Code shall the people of Sudan, including the Darfur re- indicate tens of thousands of African Suda- affect the authority of the Board under this gion; nese civilians killed, the systematic rape of subsection.’’. (2) the parties to the N’Djamena Agree- This Act may be cited as the ‘‘District of Co- thousands of women and girls, the destruc- ment (the Government of Sudan, the SLA, lumbia Appropriations Act, 2005’’. tion of hundreds of Fur, Masalit, and and the JEM) must meet their obligations S. 2781 Zaghawa villages and other ethnically Afri- can populations, including the poisoning of under that Agreement to allow safe and im- SECTION 1. SHORT TITLE. mediate access of all humanitarian assist- This Act may be cited as the ‘‘Comprehen- their wells and the plunder of crops and cat- tle upon which they sustain themselves. ance throughout the Darfur region and must sive Peace in Sudan Act of 2004’’. (10) According to the United Nations High expedite the conclusion of a political agree- SEC. 2. DEFINITIONS. Commissioner for Refugees, 1,400,000 people ment to end the genocide and conflict in In this Act: have been displaced in the Darfur region of Darfur; (1) APPROPRIATE CONGRESSIONAL COMMIT- Sudan, of whom over 200,000 have been forced (3) the United States should continue to TEES.—The term ‘‘appropriate congressional to flee to Chad as refugees. provide humanitarian assistance to the areas committees’’ means the Committee on For- (11) The Government of Sudan conducted of Sudan to which the United States has ac- eign Relations of the Senate and the Com- aerial attack missions and deadly raids cess and, at the same time, develop a plan mittee on International Relations of the across the international border between similar to that described in section 10 of the House of Representatives. Sudan and Chad in an illegal effort to pursue Sudan Peace Act to provide assistance to the (2) JEM.—The term ‘‘JEM’’ means the Jus- Sudanese civilians seeking refuge in Chad. areas of Sudan to which United States access tice and Equality Movement. (12) In addition to the thousands of violent has been obstructed or denied; (3) SLA.—The term ‘‘SLA’’ means the Su- deaths directly caused by ongoing Sudanese (4) the international community, including danese Liberation Army. military and government sponsored African, Arab, and Muslim nations, should (4) SPLM.—The term ‘‘SPLM’’ means the Janjaweed attacks in the Darfur region, the immediately provide resources necessary to Sudan People’s Liberation Movement. Government of Sudan has restricted humani- save the lives of hundreds of thousands of in- SEC. 3. FINDINGS. tarian and human rights workers’ access to dividuals at risk as a result of the Darfur cri- Congress makes the following findings: the Darfur area, primarily through bureau- sis; (1) A comprehensive peace agreement for cratic and administrative obstruction, in an (5) the United States Ambassador-at-Large Sudan, as envisioned in the Sudan Peace Act attempt to inflict the most devastating for War Crimes should travel to Chad and the (50 U.S.C. 1701 note), and in the Machakos harm on those displaced from their villages Darfur region immediately to investigate Protocol of 2002, is in jeopardy. and homes without any means of sustenance war crimes and crimes against humanity to (2) Since 1989, the Government of Sudan or shelter. develop a more accurate understanding of has repeatedly engaged in and sponsored or- (13) The Government of Sudan’s continued the situation on the ground and to better in- chestrated campaigns of attacking and dis- support for the Janjaweed and their obstruc- form the report required in section 11(b) of locating targeted civilian populations, dis- tion of the delivery of food, shelter, and med- the Sudan Peace Act; rupting their ability to sustain themselves, ical care to the Darfur region is estimated by (6) the United States and the international and subsequently restricting assistance to the World Health Organization to be result- community should— those displaced in a coordinated policy of ing in up to 10,000 deaths per month and, (A) provide all necessary assistance to de- ethnic cleansing that is most recently evi- should current conditions persist, is pro- ploy and sustain an African Union Force of dent in the Darfur region of Sudan. jected to escalate to thousands of deaths at least 4,200 personnel to the Darfur region; (3) In response to 2 decades of civil conflict each day by December 2004. and in Sudan, the United States has helped to es- (14) The Government of Chad served an im- (B) work to increase the authorized level tablish an internationally supported peace portant role in facilitating the Darfur hu- and expand the mandate of such forces com- process to promote a negotiated settlement manitarian cease-fire (the N’Djamena Agree- mensurate with the gravity and scope of the to the war that has resulted in a framework ment dated April 8, 2004) for the Darfur re- problem in a region the size of France; peace agreement, the Nairobi Declaration on gion between the Government of Sudan and (7) the President, acting through the Sec- the Final Phase of Peace in the Sudan signed the 2 opposition rebel groups in Darfur (the retary of State and the Permanent Rep- June 5, 2004. JEM and the SLA) although both sides have resentative of the United States to the (4) At the same time that the Government violated it repeatedly. United Nations, should ensure that Sudan of Sudan was negotiating for a final country- (15) The people of Chad have responded fulfills its obligations under United Nations wide peace, enumerated in the Nairobi Dec- courageously to the plight of over 200,000 Security Council Resolutions 1556 (July 30, laration on the Final Phase of Peace in the Darfur refugees by providing assistance to 2004) and 1564 (September 18, 2004); Sudan, it refused to engage in any meaning- them even though such assistance has ad- (8) sanctions should be imposed on the as- ful discussion with regard to its ongoing versely affected their own means of liveli- sets and activities of those Sudanese Govern- campaign of ethnic cleansing in the region of hood. ment officials and other individuals that are Darfur. (16) The cooperation and inclusion of all involved in carrying out the atrocities in the (5) It was not until the international com- Sudanese is essential to the establishment of Darfur region; munity expressed its outrage, through high peace and security throughout all of Sudan. (9) the Government of the United States level visits by Secretary of State Colin Pow- (17) The African Union has demonstrated should not normalize relations with Sudan, ell and others, and through United Nations renewed vigor in regional affairs through its including through the lifting of any sanc- Security Council Resolution 1556 of July 30, willingness to respond to the crisis in tions, until the Government of Sudan agrees 2004, that the Government of Sudan agreed Darfur, by convening talks between the par- to, and takes demonstrable steps to imple- to attend talks to bring peace to the Darfur ties and deploying several hundred monitors ment, peace agreements for all areas of region. and security forces to the region, as well as Sudan, including Darfur; and (6) The Government of the United States, by recognizing the need for a far larger force (10) Presidential Proclamation 6958 issued in both the executive branch and Congress, with a broader mandate. November 22, 1996, which suspends entry into have concluded that genocide has been com- (18) Despite the threat of international ac- the United States of members of the Govern- mitted and may still be occurring in Darfur, tion expressed through United Nations Secu- ment of Sudan, officials of that Government, and that the Government of Sudan and the rity Council Resolution 1556 of July 30, 2004, and members of the Sudanese Armed Forces,

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.019 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — SENATE S9689 should continue to remain in effect and be cation described in subsection (c) or (d), the Whereas research shows that the preven- strictly enforced. President determines that either the Govern- tion of suicide must be recognized as a na- SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. ment of Sudan or the SPLM has ceased tak- tional priority; (a) ASSISTANCE FOR THE CRISIS IN DARFUR ing the actions described in the applicable Whereas community awareness and edu- AND FOR COMPREHENSIVE PEACE IN SUDAN.— subsection, the President shall immediately cation will encourage the development of (1) IN GENERAL.—The Sudan Peace Act (50 suspend the provision of any assistance made strategies to prevent suicide; U.S.C. 1701 note) is amended by adding at the available as a result of such certification Whereas during the 105th Congress, both end the following new section: until the date on which the President cer- the Senate and the House of Representatives tifies that such entity has resumed taking unanimously agreed to resolutions recog- ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE such actions.’’. nizing suicide as a national problem and de- PEACE IN SUDAN. (2) CONFORMING AMENDMENT.—Section 3 of claring suicide prevention programs to be a ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— the Sudan Peace Act (50 U.S.C. 1701 note) is national priority (Senate Resolution 84, ‘‘(1) HUMANITARIAN ASSISTANCE.—There is amended by adding at the end the following 105th Congress, agreed to May 6, 1997, and authorized to be appropriated to the Presi- new paragraph: House of Representatives Resolution 212, dent for assistance to address the humani- ‘‘(4) SPLM.—The term ‘SPLM’ means the 105th Congress, agreed to October 9, 1998); tarian and human rights crisis in the Darfur Sudan People’s Liberation Movement.’’. Whereas the yellow ribbon is rapidly be- region and its impact on eastern Chad, pur- (b) REPORTING REQUIREMENT.—Section 8 of coming recognized internationally as the suant to the authority in section 491 of the the Sudan Peace Act (50 U.S.C. 1701 note) is symbol for the awareness and prevention of Foreign Assistance Act of 1961 (22 U.S.C. amended in the first sentence by striking suicide, and it is recognized and used by sui- 2292), $200,000,000 for fiscal year 2005, in addi- ‘‘Sudan.’’ and inserting ‘‘Sudan, including cide prevention groups, crisis centers, tion to any other funds otherwise available the conflict in the Darfur region.’’. schools, churches, youth centers, hospitals, for such purpose. SEC. 6. OTHER RESTRICTIONS. counselors, teachers, parents, and especially ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to (a) BLOCKING OF ASSETS.—On the date that youth themselves; and the requirements of this section, there is au- is 120 days after the date of enactment of Whereas the week beginning September 19, thorized to be appropriated to the President, this Act, if the President has not submitted 2004, should be recognized as Yellow Ribbon for development and humanitarian assist- the certification described in subsection Suicide Awareness and Prevention Week: ance for Sudan upon the conclusion of a per- (c)(1) of section 12 of the Sudan Peace Act, as Now, therefore, be it manent, just, and equitable peace agreement added by section 5, the President shall, con- Resolved by the Senate (the House of Rep- between the Government of Sudan and the sistent with the authorities granted in the resentatives concurring), That Congress— SPLM, $100,000,000 for fiscal year 2005, in ad- International Emergency Economic Powers (1) recognizes that the need to increase dition to any other funds otherwise available Act (50 U.S.C. 1701 et seq.), block the assets awareness about and prevent suicide is a for such purpose. of appropriate senior officials of the Govern- compelling national priority; ‘‘(3) AVAILABILITY.—Amounts appropriated ment of Sudan. (2) reaffirms the commitment of Congress pursuant to the authorization of appropria- (b) CONTINUATION OF RESTRICTIONS.—Re- to the priorities expressed by the 105th Con- tions under paragraph (1) or (2) are author- strictions against the Government of Sudan gress, in Senate Resolution 84 and House ized to remain available until expended, not- that were imposed pursuant to title III and Resolution 212, to continue to recognize sui- withstanding any other provision of law sections 508, 512, and 527 of the Foreign Oper- cide prevention as a national priority; and other than the provisions of this section. ations, Export Financing, and Related Pro- (3) encourages Americans, communities, grams Appropriations Act, 2004 (Division D ‘‘(b) REQUIREMENT FOR CERTIFICATION.—The and the Nation to work to increase aware- assistance authorized under subsection (a)(2) of Public Law 108–199; 118 Stat. 143) or any ness about and prevent suicide. may be provided— other similar provision of law may not be f ‘‘(1) to the regions administered by the lifted pursuant to such provisions of law un- Government of Sudan, in accordance with less the President also makes the certifi- MEASURES PLACED ON THE the peace agreement described in subsection cation described in subsection (c) of section CALENDAR—S. 2844 and S. 2845 12 of the Sudan Peace Act, as added by sec- (a)(2), only if the President submits the cer- Mr. MCCONNELL. Mr. President, I tion 5. tification described in subsection (c); and understand there are two bills at the ‘‘(2) to the regions administered by the SEC. 7. REQUIREMENT FOR REPORT. (a) REQUIREMENT.—Not later than 60 days desk which are due for a second read- SPLM, in accordance with the peace agree- ing. ment described in subsection (a)(2), only if after the date of enactment of this Act, the the President submits the certification de- President shall submit to the appropriate The ACTING PRESIDENT pro tem- scribed in subsection (d). congressional committees a report on the pore. The Senator is correct. ‘‘(c) CERTIFICATION WITH REGARD TO AC- planned United States response to a com- Mr. MCCONNELL. I ask unanimous TIONS OF THE GOVERNMENT OF SUDAN.—The prehensive peace agreement for Sudan. consent that the bills be given a second certification referred to in subsection (b)(1) (b) CONTENT.—The report required by sub- reading en bloc. section (a) shall include— is a certification submitted by the President The ACTING PRESIDENT pro tem- to the appropriate congressional committees (1) a description of the United States re- sponse to a modified peace process between pore. Without objection, it is so or- that— dered. ‘‘(1) the Government of Sudan is taking de- the Government of Sudan and the SPLM monstrable steps to— that would account for the implementation The clerk will read the bills by title, ‘‘(A) ensure that the armed forces of Sudan of a peace in all regions of Sudan, in par- en bloc. and any associated militias are not attack- ticular Darfur; and The assistant legislative clerk read ing civilians or obstructing human rights (2) a contingency plan for extraordinary as follows: humanitarian assistance should the Govern- monitors or the provision of humanitarian A bill (S. 2844) to designate Poland as a ment of Sudan continue to obstruct or delay assistance; program country under the visa waiver pro- the international humanitarian response to ‘‘(B) demobilize and disarm militias sup- gram established under section 217 of the Im- the crisis in Darfur. ported or created by the Government of migration and Nationality Act. (c) FORM OF REPORT.—The report required Sudan; by subsection (a) may be submitted in classi- A bill (S. 2845) to reform the intelligence ‘‘(C) allow full and unfettered access for fied form. community and the intelligence and intel- the provision of humanitarian assistance to ligence-related activities of the United SEC. 8. TECHNICAL CORRECTION. all regions of Sudan, including Darfur; and States Government, and for other purposes. ‘‘(D) cooperate fully with the African Section 12 of the International Organiza- Mr. MCCONNELL. I object to further Union, the United Nations, and all other ob- tions Immunities Act (22 U.S.C. 288f–2) is server, monitoring, and protection missions amended by striking ‘‘Organization of Afri- proceedings on the measures, en bloc, mandated to operate in Sudan; and can Unity’’ and inserting ‘‘African Union’’. at this time. ‘‘(2) the Government of Sudan is complying S. CON. RES. 119 The ACTING PRESIDENT pro tem- with the provisions of the peace agreement Whereas suicide is one of the most disrup- pore. Objection having been heard, the described in subsection (a)(2). tive and tragic events a family and a com- bills will be placed on the calendar. ‘‘(d) CERTIFICATION WITH REGARD TO munity can experience, and it occurs at a na- f SPLM’S COMPLIANCE WITH A PEACE AGREE- tional rate of 30,000 suicides annually; MENT.—The certification referred to in sub- Whereas suicide is the fastest growing ORDERS FOR MONDAY, section (b)(2) is a certification submitted by cause of death among youths and the second SEPTEMBER 27, 2004 the President to the appropriate congres- leading cause of death among college stu- Mr. MCCONNELL. Mr. President, I sional committees that the SPLM is com- dents; plying with the provisions of the peace Whereas suicide kills youths 6 to 9 times ask unanimous consent that when the agreement described in subsection (a)(2). more often than homicide; Senate completes its business today, it ‘‘(e) SUSPENSION OF ASSISTANCE.—If, on a Whereas research shows that 95 percent of adjourn until 1 p.m. on Monday, Sep- date after the President submits a certifi- all suicides are preventable; tember 27. I further ask that following

VerDate Aug 04 2004 01:01 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A24SE6.020 S24PT1 S9690 CONGRESSIONAL RECORD — SENATE September 24, 2004 the prayer and pledge, the morning the Intelligence Reform bill. As I an- RECORD remain open for statements hour be deemed expired, the Journal of nounced earlier, there will be no roll- until 3 p.m. proceedings be approved to date, the call votes on Monday. However, I will The PRESIDING OFFICER. Without time for the two leaders be reserved, alert all Senators that amendments and the Senate then begin a period of will be offered and debated during Mon- objection, it is so ordered. morning business until 2 p.m., with the day’s session. The chairman and rank- time equally divided between the two ing member of the Governmental Af- f leaders or their designees; provided fairs Committee will be here to begin that at 2 p.m. the Senate proceed to working through amendments to the ADJOURNMENT UNTIL 1 P.M., consideration of S. 2845, the Intel- bill. Any votes ordered with respect to MONDAY, SEPTEMBER 27, 2004 ligence Reform bill, as provided under amendments will be set to occur on the previous order. Tuesday morning. So I encourage Sen- Mr. MCCONNELL. Mr. President, if The PRESIDING OFFICER. Without ators who wish to have their amend- there is no further business to come be- objection, it is so ordered. ments considered on Monday to con- fore the Senate, I ask unanimous con- f tact the bill managers. sent that the Senate stand in adjourn- PROGRAM f ment. Mr. MCCONNELL. Mr. President, for ORDER FOR RECORD TO REMAIN There being no objection, the Senate, the information of all Senators, on OPEN at 12:41 p.m., adjourned until Monday, Monday, following morning business, Mr. MCCONNELL. Mr. President, I September 27, 2004 at 1 p.m. the Senate will begin consideration of ask unanimous consent that the

VerDate Aug 04 2004 23:58 Sep 24, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24SE6.032 S24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1691 EXTENSIONS OF REMARKS

HONORING THE KIMBERTON FIRE CONGRATULATING RECIPIENTS OF moting a world in which all are accorded the COMPANY ON THEIR 75TH ANNI- THE 2004 HENRY B. GONZALEZ same civic treatment, promoting minority pro- VERSARY AWARDS tection in democratic societies, and fighting against anti-Semitism. HON. JIM GERLACH HON. NICK LAMPSON Chairman and CEO of the Exelon Corpora- OF PENNSYLVANIA OF TEXAS tion, John W. Rowe is a person of great lead- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ership who shares this same mission. By es- Thursday, September 23, 2004 Thursday, September 23, 2004 tablishing the Exelon Corporation as one of Chicago’s premier philanthropic and civically Mr. GERLACH. Mr. Speaker, I rise today to Mr. LAMPSON. Mr. Speaker, I rise today to mindful corporations, he has consistently dis- honor the Kimberton Fire Company of honor Hispanic citizens from the 9th District of played excellent leadership and humani- Kimberton, Pennsylvania on the occasion of Texas being honored September 25, 2004 for tarianism. their 75th Anniversary. their work in the community. While the dedica- Mr. Rowe is chairman and CEO of the The Kimberton Fire Company began back in tion of Hispanic leaders is well-known through- Exelon Corporation which was formed October 1929 when a group of community leaders out the United States, local citizens, right here 2000 by way of a corporate merging of the came together to discuss the need for a local in the Southeast Gulf Coast region, are just as Unicorn Corporation and PECO Energy. fire company to protect the community and its important to ensuring equal rights and eco- Exelon, with some 5 million customers and an- vicinity from the inherent danger of fire. On nomic progress for all Texans. February 5, 1929, the first officers were elect- nual revenues more than $15 billion, is one of Each year, I ask members of the commu- the Nation’s largest electric utilities. ed by the newly formed membership. At that nities in the 9th District to nominate individuals time, they also voted to purchase one 1917 Mr. Rowe also has a history of exemplifying for the Henry B. Gonzalez Latino Leadership great leadership through his previous work as Brockway Combination Chemical and Hose Award. This award, named in honor of the late Car for $300. These steps led to the chairman president, and CEO of the Unicom Congressman Henry B. Gonzalez, gives spe- Corporation and Commonwealth Edison, as Kimberton Fire Company’s official incorpora- cial recognition to those who have worked tion three months later in May of 1929. well as president and CEO of NEES, and selflessly, often without recognition, and made president and CEO of Central Maine Power In May 1936, right after the Company pur- contributions both in the Hispanic community chased their first new fire apparatus, the Hale Company. and the broader community as well. Recipi- The past recognition Mr. Rowe has received Pumper, fire broke out in the Kimberton fire- ents were chosen because their spirit of giving house. While the firehouse was completely de- is a testimony to his continued commitment to and sharing spirit makes a substantial con- human rights. In 2002, Mr. Rowe was honored stroyed, firefighters were able to save the tribution to our community and inspires others pumper and were able to utilize their new as the Citizen of the Year by the City Club of to do the same. Chicago for his active responses to important equipment to extinguish the fire. While their efforts may not make the head- Today, the Kimberton Fire Company has a environmental issues. In 2003, Mr. Rowe was lines every day, the recipients’ service and fleet of twelve emergency vehicles. This fleet awarded El Valor Corporation’s Corporate Vi- dedication to our country is nevertheless vital has the capability to meet the needs of the sionary Award, which honors corporate lead- to our entire region. Southeast Texas is not Kimberton community that is comprised of six ers for their vision and resolution for providing successful in spite of our diversity, but rather municipalities and covers over 32 square opportunities to all people. In May 2002, he successful because of it. miles. The area protected by the Kimberton was honored with the Corporate Leadership Please join me in recognizing and congratu- Fire Company ranges from the farmland to Award from the Spanish Coalition for Jobs for lating these leaders for their work an commit- small towns and suburban developments. his outstanding civic commitment and con- ment to their communities and to southeast Not only does the Kimberton Fire Company tributions to the Latino community. In 2000, he Texas. It is leaders like these men and women provide outstanding rescue and fire services, was also the recipient of the Anti-Defamation that continue to be a source of pride for they also provide exemplary community serv- League’s ‘‘A World of Difference’’ award for Texas. The winners of this years Henry B. ice. The members of the Kimberton Fire Com- his commitment to the promotion of civil rights Gonzalez Latino Leadership Award are: Mrs. pany serve as members of the Tanker Task through fighting discrimination, prejudice, and Sabrina Vrooman, Mr. Joe Hernandez, Mr. Al- Force and the State Forest Fire Crew. The bigotry. bert Seguin, Mr. Manuel Escontrias, Mr. Kimberton Fire Company is also the area’s Mr. Speaker, I would like to commend John Hipolito Acosta, Mr. Carlos Lopez, and Mrs. Emergency Operations Center and an evacu- W. Rowe for his great leadership in our com- ation center. Meeting space is provided at the Maria Barrios de Estrello. Mr. Speaker, the recipients of the Henry B. munity and congratulate him on his well de- firehouse for the Boy Scouts and for other Gonzalez Award are dedicated and hard- served Civic Leadership Award. groups such as Exploring and Venture group. working individuals who have done so much The firehouse also opens its doors and hosts for their neighbors and for this Nation as a f fundraisers and other community events. The whole. Today, I stand to recognize their spirit Kimberton Fire Company believes strongly in HONORING BARBARA VOLPE and to say that I am honored to be their Rep- investing in the youth of the community be- resentative. cause they believe that today’s youth will pro- HON. MARK UDALL f vide for a more improved community in the fu- OF COLORADO ture. The Kimberton Fire Company is well- HONORING JOHN W. ROWE IN THE HOUSE OF REPRESENTATIVES known for its fire and rescue teams, and also Thursday, September 23, 2004 for being actively responsive to the unique HON. RAHM EMANUEL Mr. UDALL of Colorado. Mr. Speaker, I rise needs of the Kimberton community. Lifelong OF ILLINOIS today to acknowledge the distinguished serv- friendships and solid community partnerships IN THE HOUSE OF REPRESENTATIVES have been made and the Kimberton Fire Com- ice of Ms. Barbara Volpe, President of the pany is prominent in establishing and main- Thursday, September 23, 2004 Public Education & Business Coalition (PEBC) taining these local bonds. Mr. EMANUEL. Mr. Speaker, I would like to in Denver, Colorado. Mr. Speaker, I ask that my colleagues join extend my warmest congratulations to John Ms. Volpe has been working with the PEBC me today is congratulating the Kimberton Fire W. Rowe of Chicago on being honored by the for 15 years. Under her leadership the organi- Company for its dedication and service to the American Jewish Committee for his continued zation has tripled its size and developed an Kimberton area community. It is an honor to civic leadership in our city. outstanding national reputation. With Ms. recognize the Kimberton Fire Company for its For almost 100 years the American Jewish Volpe’s steady guidance the PEBC has suc- 75 years of tremendous service to the people. Committee has maintained its mission of pro- cessfully completed a merger between two

∑ 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 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.001 E24PT1 E1692 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 non-profits, assembled a high-caliber, profes- Private McCauley joined the Army after TRIBUE TO MARTHA PENNINO sional staff, and created extraordinary initia- graduating in 2002 where he faithfully served tives such as the Boettcher Teachers Pro- our Nation in the 2nd Battalion, 5th Calvary HON. JAMES P. MORAN gram. regiment, 1st Calvary Division. OF VIRGINIA Sadly, Ms. Volpe has decided that the time Our thoughts and prayers go out to the fam- IN THE HOUSE OF REPRESENTATIVES has come for her to leave the PEBC. Her ily and friends of this young American hero. dedication and commitment to her community Thursday, September 23, 2004 serve as an inspiration to others in the field. Mr. MORAN of Virginia. Mr. Speaker, on I ask my colleagues today to join me in f September 17, Fairfax County, Virginia lost thanking Ms. Barbara Volpe for her out- HONORING HABITAT FOR HUMAN- one of its most important and influential citi- standing leadership and service. She certainly ITY OF CHESTER COUNTY, PENN- zens when Martha Pennino, known as ‘‘Moth- deserves our utmost appreciation. Her pres- SYLVANIA er Fairfax’’, passed away. Through her leader- ence at PEBC will surely be missed. ship, Mrs. Pennino helped oversee the devel- f opment of Fairfax County into one of the most successful jurisdictions in the Nation. TRIBUTE TO PRIVATE FIRST HON. JIM GERLACH From 1968 to 1991 Martha Pennino served CLASS RYAN MARTIN OF PENNSYLVANIA on the Fairfax County Board of Supervisors, IN THE HOUSE OF REPRESENTATIVES including 17 years as the Vice Chairman. As HON. RALPH REGULA the representative of the Centreville District, OF OHIO Thursday, September 23, 2004 Mrs. Pennino worked tirelessly for her con- IN THE HOUSE OF REPRESENTATIVES stituents. During her tenure she was involved Thursday, September 23, 2004 Mr. GERLACH. Mr. Speaker, I rise today to in most of the major decisions affecting the recognize Habitat for Humanity of Chester County, and was instrumental in seeing Res- Mr. REGULA. Mr. Speaker, I rise to pay trib- County, Pennsylvania’s 15th Anniversary. For ute to a committed soldier and citizen from the ton develop into a successful planned commu- fifteen years, they have provided basic, well- nity. Her work also saw the development of 16th District of Ohio who died protecting our built, affordable housing for low-income fami- Nation. Private First Class Ryan Martin died projects including the Dulles Toll Road, South lies and for those in need. Habitat for Human- when a bomb exploded while he was on a Lakes High School, and the Reston Regional ity has made countless contributions to our mine clearing mission with the 216th Engi- Library. She helped create a sense of commu- community and, for that, they should be com- neering Battalion of the Ohio National Guard. nity for all those living in her district. A graduate of Mount Vernon High School mended. Martha Pennino will best be remembered by and of the carpentry program at the Knox Habitat for Humanity is an organization that the citizens of Fairfax County for her commit- County Career Center in Mount Vernon, Ohio, not only builds homes, but it also builds hope ment to the poor and homeless in her commu- Pfc. Martin enjoyed fishing and working on for those less fortunate. In turn, it gives those nity. She opened her office at night for people cars and had a tremendous sense of humor. people in need a sense of dignity and of inde- without a home and provided them a bed and After his tour, he planned to either operate pendence. This program is known for devel- a warm place to rest. She created a homeless shelter in her district and ensured that with the heavy equipment or help his father on the oping partnerships within the community and enormous development occurring in Fairfax family farm. for its involvement in the promotion of Chris- County there would be low-cost housing op- Pfc. Ryan acted as vital part of his unit in tian values. This great organization is led and tions for those who needed it. Martha Pennino Iraq, often volunteering for dangerous mis- sustained by volunteers of all faiths and it also helped establish the Fairfax County sions. His bravery and service were an inspi- prides itself on serving all low-income families Human Rights Commission to help fight dis- ration to his fellow soldiers and to us all. Ryan regardless of race, religion, culture, or gender. embodied all that is great about our Nation. crimination throughout the County. While Fair- Without young men and women like him, our Habitat for Humanity of Chester County fax County grew, she wanted to ensure that Nation would fall. began operations in 1986 as a part of the every person could be a part of this vibrant I send my most heartfelt prayers and sym- Greater Philadelphia Habitat for Humanity. community. pathies to his family and friends. I pray for the Shortly afterwards in 1988, Chester County In honor of her work to help all the residents homecoming of all of our service men and became a separate affiliate after completing its of Fairfax County and for being an instru- women and remember them as they continue first home. Today, Habitat for Humanity of mental part in the growth of the County, I ask to defend our freedom at home and abroad. Chester County is one of six affiliates in the that the Reston Post Office be named after Martha Pennino. It is imperative that we honor f Delaware Valley and one of 1,600 United States affiliates of Habitat for Humanity Inter- and remember this remarkable woman. IN HONOR OF PVT RYAN MICHAEL national. f MCCAULEY Since 1988, Habitat for Humanity Chester HONORING CONTINENTAL NA- County has built 58 homes and refurbished an TIONAL BANK FOR 30 YEARS OF HON. MICHAEL C. BURGESS additional seven properties in the area. In FINANCIAL SERVICE TO THE OF TEXAS 2003, the organization began construction on SOUTH FLORIDA COMMUNITY IN THE HOUSE OF REPRESENTATIVES eleven new homes in Chester County. Eight of Thursday, September 23, 2004 these homes will be located in the city of HON. LINCOLN DIAZ-BALART Mr. BURGESS. Mr. Speaker, I rise today to Coatesville and three in the borough of OF FLORIDA pay tribute to Pvt Ryan Michael McCauley, Phoenixville, Pennsylvania. IN THE HOUSE OF REPRESENTATIVES who was killed while defending our Nation on Volunteers from the community are a vitally Thursday, September 23, 2004 September 5, 2004 in Sadr City, Iraq. important part of Habitat for Humanity. In 2000 For the past year, Private McCauley has alone, community volunteers in Chester Coun- Mr. LINCOLN DIAZ-BALART of Florida. Mr. rendered faithful, conscientious, and valuable ty, Pennsylvania contributed more that 25,000 Speaker, I rise to congratulate Continental Na- services to the U.S. Army and to the United hours of work on the homes for those less for- tional Bank of Miami on their 30th anniversary States of America. Private McCauley will be tunate. Habitat for Humanity brings volunteers of operations. Continental National Bank is an remembered for his commendable service and and future homeowners in the community to- established and trusted institution that serves the financial needs of my community. dedication to this great Nation. gether in a positive and productive fashion, Private McCauley was a native of Lewisville, Continental National Bank was established putting a face and a name on the issue of af- TX and a recent graduate of Lewisville High in 1974 and was the first Cuban-American fordable housing. School. At Lewisville High the future soldier owned national bank chartered in the United was an amiable and trustworthy student, who Mr. Speaker, I ask that my colleagues join States. It is a full service community bank with left behind many close friends. On September me today in recognizing the outstanding con- six branches in Miami, Hialeah and Sweet- 11, family, friends, students, and school ad- tributions that Habitat for Humanity has made water. The bank offers a variety of personal ministration attended a ceremony at the not only in Chester County, Pennsylvania, but and commercial services, including residential school in tribute to their former classmate and for their service to the needy throughout the mortgage lending, small builder construction fi- fallen soldier. world. nancing, and online banking services.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.003 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1693 For 30 years, Continental National Bank has sioner Garcia served as Controller for the City rect the federally funded Chicago Works been at the heart of the economic develop- of Houston and before that served as the ap- Progress Administration (WPA) Dance Project. ment of South Florida. With quality banking pointed Director and Presiding Judge of the The duo had significant success with their services, a skilled staff and extensive commu- Houston Municipal Court System. groundbreaking feminist ballet American Pat- nity involvement, Continental National Bank She is not only a great Houstonian, but a terns, and later became the first American bal- has developed a reputation for caring about its proven leader and driving force in her commu- let company to tour South America. customers while extending knowledgeable and nity. As an active leader in the Houston com- However, Ms. Page is probably best re- professional banking services. munity, the Commissioner has served on more membered for her assiduous efforts in creating Again, Mr. Speaker, I warmly congratulate than 25 community boards and commissions, and operating numerous dance companies Continental National Bank on this important including the San Jacinto Girl Scouts, the throughout the Chicagoland area. From her milestone and thank all of the fine men and Houston Hispanic Forum, the American Lead- first association with the Ravinia Opera in women who are part of Continental National ership Forum, the Texas Southern University 1926, to her production of the The Nutcracker for their commitment and faithful service in Foundation and the Institute of Hispanic Cul- at McCormick Place’s Arie Crown Theater in supporting the needs and priorities of the en- ture. She has selflessly given of herself in the mid 1980’s, Ms. Page contributed to the tire South Florida community. order to promote strength and leadership in city’s cultural scene by taking on the roles of f her community. prima ballerina, choreographer, director, finan- Despite the demanding duties of being Har- cial backer, and visionary. Ms. Page, who HONORING RON MCNEALL ris County Commissioner, she has given of passed away in 1991, is still considered the her time to be chairperson or honorary chair- grand lady of Chicago dance. HON. SAM GRAVES person of many charity functions. Such func- Mr. Speaker, I join with the people of Chi- OF MISSOURI tions include the kick-off for ‘‘America Walks cago in congratulating the brilliant Ruth Page IN THE HOUSE OF REPRESENTATIVES for Strong Women’’, benefiting the National Foundation, a company that continues to up- Osteoporosis Foundation and the ‘‘Inter- hold the quality and discipline that was em- Thursday, September 23, 2004 national Paella Festival and Polo Espanol’’ bodied by its namesake. I am proud of their Mr. GRAVES. Mr. Speaker, I proudly pause benefiting Casa de Esperanza and The Mercy numerous achievements both on and off the to recognize Ron McNeall. On October 1, Ron Foundation. stage and wish them continued growth and is retiring from the Board of Directors of the Her honors by the media and other organi- success into the future. Missouri Corn Growers Association and Mis- zations speak volumes about her service. She f souri Corn Merchandising Council after 11 was named ‘‘Humanitarian of the Year’’ by the years of service. National Conference of Communities and Jus- HONORING PAUL TUDOR JONES II Ron McNeall was born in Boonville, Cooper tice and has also been honored with the County, Missouri on November 30, 1948. He Texas Woman’s University Board of Regents HON. MARK UDALL has been married to his wife Carolyn for 33 Woman of Distinction Award, the Hispanic OF COLORADO years, and they have three wonderful children Scouting Distinguished Citizen Award from the IN THE HOUSE OF REPRESENTATIVES in Travis, Kelly, and Ashley. Sam Houston Area Boy Scouts of America, Thursday, September 23, 2004 In addition to his 11 years of service as a and the Board Award from the San Jacinto Director on the MCGA/MCMC Board, Ron is Girl Scouts. Mr. UDALL of Colorado. Mr. Speaker, I rise also a past MCMC Chairman and MCGA Commissioner Garcia’s accomplishments today to recognize Mr. Paul Tudor Jones II for President. At the national level, he has served should be an inspiration to us all. She has his passionate dedication to conservation as a delegate to the National Corn Growers done a fine job as Harris County Commis- techniques and land stewardship practices of Association and he has served as a National sioner and is an invaluable resource for the his Blue Valley Ranch located in Grand Coun- Corn Growers Association Production and Hispanic communities of Texas. She is some- ty, CO. Stewardship Action Team Member. He has one who continues to inspire, and I am proud Mr. Jones was the 2004 recipient of the also been an active member of the United to recognize her on the floor of the House Middle Park Land Trust Land Steward of the States Grains Council. Ron was a seed sales- today. Year Award. This annual award is given to the Grand County, CO landowner who most ex- man for Pioneer Seed for at least 18 years, f and served on Pioneer Seed’s Advisory Coun- emplifies the mission of the Middle Park Land cil from 1991–1993. HONORING THE RUTH PAGE Trust in land management and conservation As a dedicated advocate for agriculture, FOUNDATION practices who help preserve Grand County’s Ron has been the recipient of numerous scenery, agriculture, water, wildlife and bio- awards. In 2000 he received an Honorary HON. RAHM EMANUEL diversity for today and future generations. State FFA Degree, and in 2003 he was OF ILLINOIS Mr. Jones first purchased a portion of the named the Outstanding MCGA Member. While IN THE HOUSE OF REPRESENTATIVES Blue Valley Ranch in 1994, he re-acquired the many of us associate Ron’s service with the water rights and began a holistic approach to Thursday, September 23, 2004 agricultural sector, his dedication extends far ranch management which includes wildlife beyond it, as he served with distinction on the Mr. EMANUEL. Mr. Speaker, I rise to con- conservation, agricultural production, stream Keytesville School Board for 12 years. gratulate the Ruth Page Foundation of dance enhancement, recreational activities and in es- Mr. Speaker, I proudly ask you to join me in and performing arts on more than 30 years of sence, the preservation of our local heritage. commending Ron McNeall, a remarkable cit- innovative dance and artistic excellence. The Blue Valley Ranch now encompasses izen who exemplifies the qualities of dedica- The Ruth Page Foundation was established 25,000 acres and is thriving. tion and service. in 1970 in order to uphold and promote the The primary focus of the Blue Valley Ranch f highest quality of performing arts as produced is wildlife conservation. The ranch has worked by choreographer and dance icon Ruth Page in partnership with the Colorado Division of HONORING HARRIS COUNTY and continues to be at the forefront of innova- Wildlife on many projects including the reintro- COMMISSIONER SYLVIA R. GARCIA tive dance theater in Chicago. duction of antelope south of the Colorado A native Chicagoan, Ms. Page gained na- River, sage grouse monitoring and habitat res- HON. NICK LAMPSON tional recognition through her unprecedented toration, and wild turkey transplants on both OF TEXAS incorporation of the era’s social and political public and private land. IN THE HOUSE OF REPRESENTATIVES issues into her artistic performances. In addi- Habitat improvements for both wildlife and tion, Ms. Page attained international promi- livestock have been prescribed burns, forest Thursday, September 23, 2004 nence by becoming the first American to treatments, crops, and a rotational grazing Mr. LAMPSON. Mr. Speaker, I rise today to dance with Diaghilev’s Ballet Russe. In later system. honor Harris County Commissioner Sylvia R. years, Ms. Page would go on to choreograph, Many miles of the Blue River and adjoining Garcia. Aside from her hard work and dili- commission, and dance in a string of hits such tributaries that were vulnerable to low flows, gence as an distinguished public servant, she as Polka Melancholique and Hear Ye! Hear high temperatures, and predators have been has been an inspiration and a strong leader Ye! restored to a more natural condition. for the Hispanic communities of Southeast During the Great Depression of the 1930’s, It is a credit to Mr. Jones that agricultural Texas. Prior to her election in 2003, Commis- Ms. Page teamed up with Bentley Stone to di- production continues on the Blue Valley

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.007 E24PT1 E1694 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 Ranch. Each year, the Ranch puts up hay and Weapons Platoon where he was awarded the Mr. Barzaga Lugo is an independent jour- runs cattle as well as buffalo. National Defense Service Medal, Combat Ac- nalist in totalitarian Cuba. He believes in writ- On behalf of the residents of Grand County tion Ribbon, Presidential Unit Citation, Sea ing and publishing the truth, including about CO, I ask my colleagues to join me in hon- Service Deployment Ribbon Second Award the nightmare that is the Castro regime. In his oring Paul Tudor Jones II for his dedication and the War on Terrorism Expeditionary quest to disseminate the facts about the poli- and commitment to land management and Medal. Lance Corporal Lugo was on his sec- tics of repression practiced by the tyrant, Mr. conservation practices and for being selected ond tour of duty in Iraq. Barzaga Lugo has written for various publica- as the 2004 Middle Park Land Trust Land Our thoughts and prayers go out to the fam- tions, including Cubanet. However, the dicta- Steward of the Year Award. ily and friends of this young American hero. torship mandates propaganda and the tyrant’s f f thugs arrest and imprison the brave inde- pendent journalists who peacefully publish the TRIBUTE TO PRIVATE FIRST HONORING ‘‘MOTHER FAIRFAX’’ truth about the decrepit regime. CLASS DEVIN GRELLA MARTHA PENNINO In March 2003, as part of Castro’s brutal crackdown on peaceful pro-democracy activ- HON. RALPH REGULA HON. JAMES P. MORAN ists, Mr. Barzaga Lugo was arrested. In the OF OHIO OF VIRGINIA sham trial that followed, he was sentenced to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 15 years in the abhorrent totalitarian gulag. Thursday, September 23, 2004 Thursday, September 23, 2004 According to Amnesty International, the sham trial verdict read, in part, ‘‘Mijail Barzaga Mr. REGULA. Mr. Speaker, I rise to ac- Mr. MORAN of Virginia. Mr. Speaker, on Lugo, in 2002, wrote, as an independent jour- knowledge Devin Grella, a constituent from September 17th, Fairfax County, Virginia lost nalist, in different websites like Cubanet, the 16th District of Ohio, who sacrificed his life one of its most important and influential citi- Cubaliberal, and Payolibre, different articles of fighting for our country. Private First Class zens when Martha Pennino, known as ‘‘Moth- a subversive and counterrevolutionary type.’’ Devin Grella of the 706th Transportation Com- er Fairfax’’, passed away. Through her leader- Let me be clear, this sham verdict only con- pany of the Army Reserve died when incendi- ship, Mrs. Pennino helped oversee the devel- firms that Mr. Barzaga Lugo is languishing in aries exploded near his convoy. opment of Fairfax County into one of the most the infernal gulag because he heroically wrote A graduate of Medina High School, Pfc prosperous and diverse jurisdictions in the Na- the truth about the totalitarian dictatorship. Grella was an Eagle Scout in Boy Scout Troop tion. Mr. Speaker, it is unconscionable that any- 503 and was active in choir and athletics, par- From 1968 to 1991 Martha Pennino served one, anywhere, is imprisoned in sub-human ticipating in both cross-country and lacrosse. on the Fairfax County Board of Supervisors, gulags simply for their belief in truth, freedom Everyone who knew him regarded him as a including 17 years as the Vice Chairman. As and democracy. At the dawn of the 21st cen- happy, gentle, and caring man. After his term the representative of the Centreville District, tury, mankind must no longer tolerate pris- of service, he planned to go to college in Utah Mrs. Pennino worked tirelessly for her con- oners of conscience in any form, in any place, and join ROTC in order to become an officer. stituents. During her tenure she was involved in any country. My Colleagues, we must de- This exceptional young man exhibited valor in most of the major decisions affecting the mand the immediate release of Mijail Barzaga and a commitment to serving our country. County, and was instrumental in seeing Res- Lugo and every prisoner of conscience in to- Without people of Pfc Grella’s quality, the Na- ton develop into a successful planned commu- talitarian Cuba. tion would fail to carry out its task as a pro- nity. Her work also saw the development of tector of freedom. projects including the Dulles Toll Road, South f My deepest sympathy and prayers are ex- Lakes High School, and the Reston Regional tended to his family and friends who are now Library. She helped create a sense of commu- RECOGNIZING TEN YEARS OF OP- in mourning. I pray for the safety of our serv- nity for all those living in her district. ERATIONS AT PREMIUM STAND- icemen and women and thank them for their Martha Pennino will best be remembered by ARD FARMS’ MILAN PROCESSING dedication to the defense of our Nation. the citizens of Fairfax County for her commit- FACILITY f ment to the poor and homeless in her commu- nity. She opened her office at night for people HON. SAM GRAVES IN HONOR OF LANCE CORPORAL without a home and provided them a bed and OF MISSOURI JACOB RAUL LUGO a warm place to rest. She created a homeless IN THE HOUSE OF REPRESENTATIVES shelter in her district and ensured that with the Thursday, September 23, 2004 HON. MICHAEL C. BURGESS enormous development occurring in Fairfax OF TEXAS County there would be low-cost housing op- Mr. GRAVES. Mr. Speaker, I proudly pause IN THE HOUSE OF REPRESENTATIVES tions for those who needed it. Martha Pennino to recognize the Premium Standard Farms Milan Processing Facility. On September 19, Thursday, September 23, 2004 also helped establish the Fairfax County Human Rights Commission to help fight dis- 2004 Premium Standard Farms celebrated 10 Mr. BURGESS. Mr. Speaker, I rise today to crimination throughout the County. While Fair- years since the Milan plant first began oper- pay tribute to Lance Corporal Jacob Raul fax County grew, she wanted to ensure that ations. When the plant began its operations in Lugo, who was killed while defending our Na- every person could be a part of this vibrant 1994, there were only 200 employees. Today, tion on August 24, 2004 in the Al Anbar Prov- community. the Milan facility employs more than 900 peo- ince of Iraq. In honor of her work to help all the residents ple and produces more than one million For the past year, Lance Corporal Lugo has of Fairfax County and for being an instru- pounds of fresh pork per day. rendered faithful, conscientious, and valuable mental part in the growth of the County, I ask The Premium Standard Farms Milan Proc- services to the U.S. Marine Corps and to the that the Reston Post Office be named after essing Facility has received numerous awards United States of America. Lance Corporal Martha Pennino. It is imperative that we honor since 1994. Just last year, the plant was Lugo will be remembered for his commend- and remember this remarkable woman. named 2003 Food Plant of the Year by Refrig- able service and dedication to this great Na- f erated and Frozen Foods magazine. This tion. prestigious award recognizes the company’s Lance Corporal Lugo was a native of Flower FREEDOM FOR MIJAIL BARZAGA exceptional record for not only food safety, but Mound, Texas and a recent graduate of LUGO worker safety as well. Premium Standard Marcus High School. At Marcus High the fu- Farms sets high standards to provide an all ture Marine was an exceptional student, par- HON. LINCOLN DIAZ-BALART around safe product. During 3 of the last 4 ticipating in both the Marching and Symphonic OF FLORIDA years, employees at the facility have worked Bands and excelling academically as a mem- IN THE HOUSE OF REPRESENTATIVES over one million combined hours without a ber of the Spanish Honor Society. lost-time accident of any kind, a feat that In 2001, Mr. Lugo decided to join the Ma- Thursday, September 23, 2004 many plants have not achieved even once. rines, where he served exceptionally in his ca- Mr. LINCOLN DIAZ-BALART of Florida. Mr. This spring, the Milan Processing Facility re- reer. He honored our great country and de- Speaker. I rise today to speak about Mijail ceived the American Meat Institute’s highest fended freedom as a member of the Lima Barzaga Lugo, a political prisoner in totali- safety award: the Award of Honor. The Award Company, 3rd Battalion, 7th Marine Regiment, tarian Cuba. of Honor is presented to those facilities that

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.011 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1695 demonstrate continuous improvement in safe- veloping countries in Latin America and Africa. HISPANIC ENGINEERING SCIENCE ty, based on criteria administered by the Na- U.N. should recognize and reward Taiwan’s AND TECHNOLOGY WEEK tional Safety Council. Only 1 percent of U.S. global outreach to needy countries. ´ slaughter plants receive this honor. Maybe the solution is parallel representation HON. RUBEN HINOJOSA Mr. Speaker, I proudly ask you to join me in for both Taiwan and the People’s Republic of OF TEXAS congratulating Premium Standard Farms on China on the pattern of the previous East and IN THE HOUSE OF REPRESENTATIVES 10 years of safe and productive operations at West Germanys and the North and South Ko- the Milan Processing Facility. Thursday, September 23, 2004 reas. Such an arrangement would provide Tai- f Mr. HINOJOSA. I rise today to commend wan and China with a forum for dialogue the University of Texas Pan American on or- SUPPORTING TAIWAN’S EFFORT whereby they may forge closer ties based on ganizing the 3rd annual Hispanic Engineering TO RETURN TO THE UNITED NA- mutual understanding and respect, leading to Science and Technology Week (HESTEC), a TIONS permanent peace in the Taiwan Strait. national celebration, emphasizing the impor- For all the reasons named above, my col- tance of math and science literacy by high- HON. NICK LAMPSON leagues and I urge the United Nations to con- lighting rewarding career paths in engineering, OF TEXAS sider Taiwan’s bid to return to the U.N. with science, and technology. IN THE HOUSE OF REPRESENTATIVES thought and wisdom. The University of Texas Pan American is one of the premier Hispanic-Serving Institu- Thursday, September 23, 2004 f tions in the Nation not just because of the Mr. LAMPSON. Mr. Speaker, in seeking to large number of Hispanic students that attend return to the United Nations, the Republic of HONORING THE JOFFREY BALLET classes here but because of the university’s China on Taiwan will once again ask diplo- OF CHICAGO longstanding and deeply rooted commitment matic allies to present its case before the to expanding access to education for our com- United Nations this fall. I am in total sympathy munity. HESTEC is just one example of that with Taiwan’s effort. Taiwan is the only nation HON. RAHM EMANUEL commitment to our young people, our future. not represented in the U.N. Taiwan’s exclusion We are in the midst of celebrating Hispanic from the U.N. violates the principles and spirit OF ILLINOIS Heritage Month—a time to celebrate Hispanic of the U.N. Charter, especially the funda- IN THE HOUSE OF REPRESENTATIVES culture and the many contributions Hispanic mental principle of universality and the Uni- Americans have made to this great Nation. versal Declaration of Human Rights. Thursday, September 23, 2004 The University of Texas Pan American, As we all know, the U.N. Charter demands through the HESTEC initiative, has decided to Mr. EMANUEL. Mr. Speaker, I rise to con- that this global body welcome the participation celebrate Hispanic Heritage Month by looking gratulate The Joffrey Ballet of Chicago on of all people, including the 23 million people of to the future. more than 40 years of excellence and artistic Taiwan. Those who object to Taiwan’s partici- Love of country is a fundamental value in pation in the U.N. argue that U.N. Resolution achievement. the Hispanic community. When the nation is in 2758, adopted in 1971, makes the People’s Since its foundation in 1956, the Joffrey Bal- need, Hispanic Americans have always an- Republic of China the legitimate representative let has brought a unique and innovative ap- swered the call to serve. It is in this fine tradi- of Taiwan. The fact is that the PRC has never proach to American dance theater. In addition tion that University of Texas Pan American exercised jurisdiction over Taiwan. It is absurd to entertaining Chicago audiences for dec- founded HESTEC. to claim that the PRC can speak for a land ades, the Joffrey exists as a touring company HESTEC is a call to serve. It is a call to our and people over which it has no control. If the with a repertoire of original ballets and cho- Hispanic youth to step in and fill the pressing United Nations is founded on the principle of reography that have been enjoyed by ballet national need for highly trained professionals the equality of sovereign nations, it has no fans worldwide. in the fields of science, engineering, and tech- reason not to recognize Taiwan’s sovereignty nology. Created by Robert Joffrey and Gerald as an independent nation. It must and should Our Nation is facing a shortage of critical Arpino, the Joffrey held its first major produc- give Taiwan representation. proportions in the fields of math, science, en- Moreover, as we live in an era of the as- tion at Chicago’s 8th Street Theater on Janu- gineering and technology. Science and engi- cendancy of democracy and human rights, we ary 22, 1957. The performance proved to be neering employment opportunities are increas- must see that Taiwan has been a vibrant de- a tremendous success, and helped establish ing three times faster than all other occupa- mocracy with a democratically elected presi- the Joffrey as one of the best national compa- tions. Yet, the number of college students en- dent and legislature. Taiwan’s government up- nies of the day. In addition, the Joffrey has re- tering the fields of math, science and engi- holds human rights. Its citizens enjoy freedom ceived international acclaim for its perform- neering continues to decline, placing Amer- of assembly, association and religion. Free na- ances in 25 foreign countries, including Korea, ica’s position as the world’s leader in science tions of the world cannot allow Taiwan, a bea- Syria, and Afghanistan. and technology at risk. Increasingly, Hispanics con of democracy, to be subdued by an au- Renowned for a remarkable repertory of will be called upon to reverse that trend. By thoritarian China. more than 225 ballets by 85 choreographers, the year 2010, Hispanics will represent 1 out Besides being a multiparty democracy, Tai- The Joffrey commissioned the first ballets of of 4 students in U.S. schools, but today only wan is an economic powerhouse, now ranking such notable American choreographers as 4 percent of U.S. scientists and engineers are as the world’s 14th largest economy. It has Alvin Ailey, Laura Dean, Anna Sokolow, and Hispanic. This presents both a challenge and the potential to be a valuable party to ensure Chicagoan Randy Duncan. Furthermore, the an opportunity for higher education institutions peace, security and progress in the Pacific re- company has revived many of the lost classics to attract more Hispanics entering the career gion. Clearly it does not serve anyone’s inter- such as Parade from 1909, and The Three- fields of science and technology. est to keep Taiwan out of the United Nations. Cornered Hat from 1919. In addition, The Jof- The University of Texas Pan American rec- Also, as Asian-Pacific nations are confronted frey has achieved great success by incor- ognized that Hispanic Serving Institutions have with problems of environmental degradation, porating modern technology and pop culture a unique responsibility to meet this challenge greenhouse effects, depletion of marine and into its productions to create ballets that are and to increase the number of Hispanics in other resources, poverty and disease, Taiwan appealing to modern audiences. math, science, engineering and technology could play a significant role in grappling with fields. Therefore, in October 2002, under the some of these concerns if it were allowed to Mr. Speaker, I join with the people of Chi- leadership and vision of Roland Arriola, vice work with the United Nations and its agencies. cago in congratulating The Joffrey Ballet of president of external affairs, the university No such opportunity avails Taiwan today. Chicago, one of Chicago’s finest cultural insti- hosted the first Hispanic Engineering Science Mr. Speaker, I truly believe that Taiwan has tutions. From its brilliant original productions, Technology Conference (HESTEC). been poorly treated by the United Nations. to its extraordinary presentations of the Since its inception, HESTEC has captured Taiwan has been a responsible global citizen classics, the company continues to perform the imagination of South Texas and galva- for years. It has done a good job, for example, ballet at the very highest of levels. I am happy nized the community around the goal of pre- in helping to resettle refugees in Afghanistan, to applaud their numerous achievements, and paring the next generation of mathematicians, in preventing AIDS in Africa and in dispatching to wish them continued growth and future suc- scientists, engineers, and technology experts. numerous technical and medical teams to de- cess. This event has engaged our community on all

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.016 E24PT1 E1696 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 levels. Last year, HESTEC reached over ted to the American Bar Association in 1952. promoted again to Lieutenant in 1996. Mr. 1,500 teachers, 25,000 community members, He was National President of Sigma Delta Witulski was deemed Firefighter of the Year in and 330,000 students from across Texas. The Kappa from 1963–1964, Town Attorney of 2001 by the city of Sterling Heights and Amer- initiative also has generated $1 million in Dyer, Indiana from 1957–1960, 1962, and ican Legion Post 151. He twice received Per- scholarship dollars for college students. 1964–1972 and of Cedar Lake, Indiana, from fect Attendance awards in 1996 and 2002. Mr. The University of Texas Pan American has 1976–1980. Lowell has accomplished many vi- Witulski received various merits and awards created a model initiative for the Nation. sionary goals throughout his career. He is a throughout his tenure with the fire department, Today, on the eve of the 3rd annual HESTEC member of Enslen, Enslen & Matthews Law and retired on July 20, 2004. and in the midst of our national celebration of Firm, which was established in 1960. Enslen, Bio-Operations Chief Anthony Maltese was Hispanic Heritage Month, I urge my col- Enslen, & Matthews Law Firm provides gen- born in Detroit, Michigan, on June 6, 1950. He leagues to join me in saluting this fine institu- eral civil, criminal and appellate practice in all was appointed to the position of firefighter tion for its service to the Hispanic community State and Federal courts, family/domestic rela- January 29, 1973. He received commendation and to the Nation. tions, probate and estate planning, insurance, for responding to a house fire in 1974 and a f real estate and labor relations law. Meritorious Unit Citation for a lifesaving inci- Not only has Lowell Enslen had many con- dent in 1986. Mr. Maltese was promoted to CELEBRATING THE 60TH ANNIVER- structive accomplishments throughout his ca- Lieutenant in July of 1992, and promoted SARY OF THE COMMISSIONING reer as a lawyer, he has also actively contrib- again to Captain in October of 1995. He re- OF THE USS ‘‘OZARK’’ IN PORT- uted to his community through participation in ceived his Associates Degree, Cum Laude, in LAND, OR, AND HONORING ITS various programs designed at improving op- 1994 and was appointed Battalion Chief in CREW portunities for the people of Northwest Indi- 1997. Mr. Maltese retired as Operations Chief ana. Lowell was President of Members Ham- on November 19, 2003. HON. EARL BLUMENAUER mond from 1965–1966 and is currently affili- Many of us embark on a profession that OF OREGON ated with Lake County, Indiana State, and does not call for us to put our lives in danger IN THE HOUSE OF REPRESENTATIVES American Bar Associations, American Judica- each day we go into work. These men chose to dedicate their careers and their lives to Thursday, September 23, 2004 ture Society, Indiana Trial Lawyers Associa- tion, The Association of Trial Lawyers of helping people in their community stay safe Mr. BLUMENAUER. Mr. Speaker, it is with America, and Fellow Indiana Bar Foundation. and secure, and putting their lives in harm’s great pleasure today that I welcome the crew- Along with his many other accomplishments, way to save a life, a family, a home. members of the USS Ozark back to Portland, Lowell has received numerous certificates and Mr. Speaker, I ask my colleagues to join me OR to celebrate the 60th anniversary of the awards. in recognizing these two heroes, who have ship’s commissioning on September 23, 1944. Lowell has demonstrated his faithfulness by dedicated themselves to Sterling Heights and The Ozark, built by the Willamette Iron and his extraordinary service to Enslen, Enslen, & the community at large in a way that few can; Steel Corporation here in Portland, crossed Matthews and his community through his hard with valor, commitment and honor. the Columbia River bar less than 2 weeks work and self-sacrifice. Although Lowell has f later and played a vital role in our Nation’s vic- served on numerous committees and has tory in the Pacific Theater during World War II. dedicated his time to Enslen, Enslen, & Mat- TRIBUTE TO GIANNA ANGELO The Pacific Theater saw some of the war’s thews, he has never neglected to provide sup- POULOS-DASKALAKI FOR HER most dangerous naval encounters, and the port and love to his family. OUTSTANDING SERVICE TO THE commitment of the USS Ozark’s crew- Mr. Speaker, Lowell E. Enslen has given his 2004 OLYMPIC GAMES members is a testimony of their bravery and time and efforts selflessly to the people of sacrifice. Northwest Indiana throughout his years of HON. ROSA L. DeLAURO In the Pacific Theater, the ship and its crew service. He has taught every member of OF CONNECTICUT transported troops for the invasion of Iwo Jima Enslen, Enslen, & Matthews the true meaning IN THE HOUSE OF REPRESENTATIVES and evacuated wounded Marines to hospitals of service to all members of the Northwest In- Thursday, September 23, 2004 in Guam. After seeing further action in the Pa- diana community. I respectfully ask that you cific Theater, the USS Ozark was present in and my other distinguished colleagues join me Ms. DELAURO. Mr. Speaker, I am honored Tokyo Harbor during the historic ceremony in congratulating Mr. Lowell E. Enslen for his to rise today to extend my sincere congratula- where the Japanese surrendered on board the outstanding contributions to Indiana’s First tions to Gianna Angelopoulos-Daskalaki, the USS Missouri. The ship then returned 950 re- Congressional District. I am proud to com- woman who was responsible for the success covered American prisoners of war to the mend him for his lifetime of service and devo- of the 2004 Olympic Games held in Athens, United States via Guam and Pearl Harbor. tion. Greece. As head of the Athens 2004 Orga- nizing Committee, ‘‘Mrs. A’’ was instrumental I want to take this opportunity to thank those f who served aboard the USS Ozark for their in ensuring that Athens remained the site of brave efforts in the defense of our Nation. I TRIBUTE TO INSPECTOR DENNIS Summer Games and that the massive under- wish them a festive 60th anniversary celebra- WITULSKI AND BIO-OPERATIONS taking of construction and organization was tion this week in Portland. CHIEF ANTHONY MALTESE completed. f Preparing for an event that is as elaborate HON. SANDER M. LEVIN as the Olympic Games is a monumental TRIBUTE TO MR. LOWELL E. OF MICHIGAN task—one which was almost lost to Athens. ENSLEN IN THE HOUSE OF REPRESENTATIVES Credit for the success of the Games has gone to the leadership and determination of Mrs. A HON. PETER J. VISCLOSKY Thursday, September 23, 2004 whose vision, tenacity, and pride in Greece OF INDIANA Mr. LEVIN. Mr. Speaker, on Friday, Sep- enabled the Athens 2004 Organizing Com- IN THE HOUSE OF REPRESENTATIVES tember 24, 2004 the Sterling Heights Fire mittee to overcome every challenge they Fighters Union will host their Annual Dinner- faced. Thursday, September 23, 2004 Dance, honoring their 2004 retirees. This year- I was fortunate enough to have the oppor- Mr. VISCLOSKY. Mr. Speaker, it is with ly event, honors Sterling Heights firefighters tunity to attend this summer’s games and great honor and pleasure that I stand before for their dedication to their community and rec- found myself in awe of all that surrounded me. you today to recognize the many accomplish- ognizes their commendable contributions to From the magic of the opening ceremonies ments of Mr. Lowell E. Enslen during 52 years the city. I am pleased to be associated with and the lighting of the Olympic Torch to the in- of service in the Northwest Indiana commu- this fine organization and to call many of them credible athletic venues, Athens was nothing nity. Lowell has spent nearly five decades rep- my friends. short of spectacular. As the Games were resenting his community. His career as a law- I am proud to rise today to pay tribute to the brought back to their birthplace, the city was yer has allowed him the opportunity to touch careers of two retiring firefighters. reborn—the Old World met the New and peo- the lives of numerous people. Inspector Dennis Witulski, discharged from ple from across the world celebrated in the Lowell E. Enslen was born in Gary, Indiana the U.S. Navy in 1973, was appointed as a spirit of competition. Whether spectators mar- in 1927. He attended Hobart public schools Sterling Heights firefighter on July 20, 1981. veled at the breathtaking image of the lighted and Valparaiso University. Lowell was admit- He was promoted to FEO in 1992 and then Parthenon in the night sky, or took in the

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.020 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1697 beauty of the Greek countryside as marathon son has accomplished and join me in recog- MY COMMITMENT TO AMERICA’S FUTURE runners raced along the original route from the nizing that the achievement of earning the (By Brooke Robison, Utah) city of Marathon to the Olympic Stadium, Mrs. rank of Eagle Scout is just the beginning of a On a stormy afternoon in February I was A brought the world to Athens—reminding us bright future for their talented and deeply com- working towards an easy ‘‘A’’ for my history of all that this ancient civilization has meant to mitted son. class. The assignment was to write an essay on a veteran’s most memorable war experi- world history and of all that this great country The journey a young man makes to earn ence. ‘‘Piece of cake,’’ I thought. ‘‘I’ll just has yet to offer. the rank of Eagle Scout requires not only a interview my Grandpa, he fought in World In the days before the opening ceremony, scout’s dedication to his community, but also War II. He might even have a story written Mrs. A wrote, ‘‘Some will call what we have the community’s dedication to the scout. I up for me by the time I got there and I could achieved a miracle. It is a miracle, but one would like to extend my congratulations and be on my way.’’ But, when I arrived at my that’s man-made—a product of hard work, dis- best wishes to Stephen Tyler Stokes, his fam- grandparent’s home, I saw that he had cipline and the pride of the Greek people.’’ ily and Troop 104. brought out piles of war memorabilia to She could not have been more accurate. To- show me. ‘‘Great,’’ I thought, ‘‘this is going f to take longer than I thought. I’m actually day’s Athens is a unique blend of an ancient going to have to act interested.’’ I picked up civilization and modern marvel—with it’s rich CONGRATULATIONS, TAMI DOETCH a photograph and was drawn in by the dash- history celebrated and showcased for the ingly handsome young pilot that smiled up world to enjoy. In ensuring the success of the HON. PAUL RYAN at me. The other aged photographs began to 2004 Olympic Games, Mrs. A has also intrigue me and I gently fingered the old OF WISCONSIN brought renewed vigor and beauty to one of uniforms and medals and read the letters he the world’s most fascinating cities. IN THE HOUSE OF REPRESENTATIVES had saved. I had never really thought of him Thursday, September 23, 2004 as a young guy. I mean he was always, you For her outstanding contributions to both the know, GRANDPA! I was surprisingly fas- 2004 Olympic Games and to the city of Ath- Mr. RYAN of Wisconsin. Mr. Speaker, what cinated about the life he had when he was ens, I am proud to stand and congratulate an honor it is to be able to congratulate Tami barely older than I am now. I became anx- Gianna Angelopoulos-Daskalaki. She has left Doetch, a teacher at Wilson Elementary ious to hear the story he had selected to an indelible mark on our consciousness and School in my hometown of Janesville, Wis- share with me for my project. Little did I shared history. know that his story would rock my shallow consin, for being recognized by the U.S. De- little world. f partment of Education as a No Child Left Be- Near the end of the war a group of cocky RECOGNIZING EAGLE SCOUT hind American Star of Teaching. young pilots emerged from their mess tent in STEPHEN TYLER STOKES Every day, Tami Doetch goes to school Germany. They nearly ran into a truck full committed to helping students learn to read of sandy material parked near them on the and master the building blocks that will form street. My grandfather, a bright and prom- ising mining engineer before the war, prided HON. BRAD MILLER the foundation of their education. She teaches OF NORTH CAROLINA himself on being able to quickly identify al- third- and fourth-graders and has put a lot of most any rock or mineral. He boasted that IN THE HOUSE OF REPRESENTATIVES time and energy into helping English language he could probably tell the make up of the Thursday, September 23, 2004 learners. sand just by touching it. He thrust his hand By using effective teaching techniques to in and let it run through his fingers. Puzzled, Mr. MILLER of North Carolina. Mr. Speaker, he did it again and again, sniffing it and rub- I want to acknowledge the perseverance and open up the world of reading to her students, she is giving them the tools to achieve their bing it between his palms. ‘‘What is this?’’ he achievement of Stephen Tyler Stokes in earn- thought, ‘‘I must be losing my touch!’’ He ing the rank of Eagle Scout, Boy Scouts of dreams, not to mention countless hours of approached the driver of the truck and ex- America, Occoneechee Council—Troop 104, reading enjoyment throughout their lives. plained his professional background. ‘‘What on December 12, 2003, and entered into the Tami Doetch has also taken a leadership is this stuff?’’, he asked, ‘‘I just can’t figure CONGRESSIONAL RECORD as such. His Court of role, going above and beyond her work in the it out!’’ The driver answered with a tone of Honor commenced on July 24, 2004. classroom. She oversaw the incorporation of one who had learned to distance himself from the daily horror of his job. ‘‘Ashes,’’ he While a member of Troop 104 in Wake the Harcourt Brace Reading Program into in- struction at Wilson Elementary. And she has replied flatly, ‘‘human ashes.’’ County, North Carolina, Stephen served in The driver’s answer struck me as hard as it various positions including Librarian, Instruc- led tutoring and after-school reading pro- did my grandfather decades ago. I felt as if tor, Troop Guide, Assistant Patrol Leader, and grams. my eyes had been opened for the first time. even Patrol Leader. He learned what it takes For many of us, our most challenging teach- Wars weren’t just a flash of information on to assist his fellow scouts and how to lead ers are the ones we remember most fondly the news or something that starred Tom because they pushed us to think and taught Hanks. My young, handsome grandfather had them. Stephen attended the National Boy watched the remains of thousands of inno- Scout Jamboree in 2001, at Ft. A.P. Hill in Vir- us lessons that we still rely on today. I have no doubt that Tami Doetch’s students will re- cent lives run through his fingers like com- ginia, which influenced him to become an mon playground dirt. His efforts, and those Eagle Scout and a role model for younger member her fondly and gratefully for her dedi- of thousands of others, made sure that this boys. cation to their reading instruction and overall carnage would stop. Brushing aside tears he In addition to devoting his time to being an education. whispered to me, ‘‘Tell this story, tell it, so this can never happen again.’’ I came away Eagle Scout, Stephen attended Broughton f High School in Raleigh, NC, where he helped from that visit with my grandfather know- ing I had lived a shallow and ungrateful life. establish the F.I.R.S.T. Robotics Program, ESSAY BY BROOK ROBISON ‘‘MY COMMITMENT TO AMERICA’S FU- As corny as it may sound, my grandfather’s participated in the Chess Club, and served as story changed who I am and what I will do webmaster for the Literary Magazine and the TURE’’ with my future. I learned that day that I Japanese Animation Club. Stephen received have a responsibility to my country. The an Enterprise in Action Certificate of Achieve- HON. ROB BISHOP sale at the mall or having a date on Satur- day night is nowhere near as important to ment from Junior Achievement and was listed OF UTAH in the publication Who’s Who Among Amer- me as my latest service project. I feel that if IN THE HOUSE OF REPRESENTATIVES America’s soldiers can endure so much to ican High School Students. Thursday, September 23, 2004 make our world a better place, I can cer- Stephen’s commitment to serving his com- tainly do all I can to improve my little cor- munity and helping others is truly commend- Mr. BISHOP of Utah. Mr. Speaker, I am ner of it. I have developed a passion to learn able. He has helped construct homes in pleased that Brooke Robison, a high-school about wars and conflicts in our history. I Charleston and Philadelphia as part of Habitat student at Layton High School in The First have joined political youth groups so I can for Humanity’s ongoing inner-city improvement Congressional District of Utah was selected be well informed when I’m old enough to projects. During Stephen’s 8 years with the earlier this year as a recipient of the Veterans vote. I collect food for the local food pantry, Boy Scouts, he was an active participant in of Foreign Wars’ 2004 ‘‘Voice of Democracy’’ fill and deliver bags of supplies for children in shelters, and make blankets for homeless. the Citizenship in the Community, Citizenship scriptwriting contest. I commend to my col- I wrote a song that encourages young people in the Nation, and Citizenship in the World vol- leagues her essay which speaks so movingly to get involved in community service. I was unteer programs. of the sacrifices of her grandfather and, in- honored to perform it this past summer at a Mr. Speaker, I know his father Steven and deed, all members of the U.S. Armed Forces national award ceremony honoring out- his mother Jamie are proud of all that their in protecting our freedom. standing youth in service. Performing with

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.024 E24PT1 E1698 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 the Marines the last two years I became INTRODUCTION OF THE RAIL AND hiring of additional police officers, is also pro- aware that gifts for teenagers run out early. PUBLIC TRANSPORTATION SECU- vided. There are never enough. I knew I could come RITY ACT Mr. Speaker, this bill would authorize new up with a plan to help. I developed a program research and development grants to help de- called Toys for Teens that involves running velop new technologies for both passenger teen gift drives in our high schools and mid- HON. ROBERT MENENDEZ dle schools. I presented my idea to the Ma- OF NEW JERSEY and freight rail that can help reduce the threat rines in my area and it was enthusiastically IN THE HOUSE OF REPRESENTATIVES of terrorist attacks. And since rail security in- approved. The program is well received and volves more than just deterring terrorist at- is being implemented all across the state Thursday, September 23, 2004 tacks, the legislation would establish new in- giving other young people the opportunity to Mr. MENENDEZ. Mr. Speaker, today I am spection procedures for rail track, and set new know joy of giving back to their community. pleased to be joined by my Democratic col- standards for tank cars, to make sure their We hope to raise hundreds of thousands of league from New Jersey to introduce the Rail hazardous cargo isn’t released in the event of dollars worth of donations. With this project and Public Transportation Security Act, which an accident. I am proud to serve the youth of my commu- I believe this bill is already long overdue. I nity while also supporting my country’s would force the Federal Government to finally servicemen. get serious about protecting our Nation’s tran- urge my colleagues to imagine what we would But I feel that the most important thing sit and intercity rail passengers. have done, what action we would have taken, that I can do to show my commitment to This bill addresses the tremendous disparity if the Madrid train bombings had occurred in America’s future, is to tell my grandfather’s between what we spend on security for each our homeland, on our soil. What immediate in- story. As young people we need to make an airline passenger and what we spend for each vestments would we have been ready to effort to hear and pass on the stories from bus and train passenger, who are no less vul- make? What urgent action would we have our country’s past. Armed with the strength nerable than those who fly. In fact, data from been willing to take? of the stories of our Nation’s past heroes, we the National Memorial Institute for the Preven- Well, we can do it now. Let’s make that in- can truly have an inspired commitment to America’s future. tion of Terrorism shows that public transpor- vestment and take those actions now. Let’s tation passengers are in far more danger take what steps we can to reduce the risk to f worldwide than airline passengers. Since 9/11, our Nation’s transit. We don’t need commis- there have been roughly 50 terrorist incidents sions and studies after a tragedy in order to IN MEMORY OF GEORGEA BLACK targeting airports and airlines, resulting in act, so let’s not get mired in that now. Nearly McKINLEY about 120 deaths. In the same 3 years, there 3 years of needs assessment and analysis have been over 280 terrorist attacks on other have occurred, and we have the data to put a HON. MARION BERRY transportation systems, with over 600 fatali- program in place. All it takes is Congress hav- OF ARKANSAS ties. ing the gumption to act before a tragedy on IN THE HOUSE OF REPRESENTATIVES The recent attacks in Spain, and intelligence the rails takes place in this country. that terrorists may strike the rail and systems Thursday, September 23, 2004 f here in America, dictate that we now broaden QUESTIONING BUSH’S RECORD ON Mr. BERRY. Mr. Speaker, I rise today in our attention to also include rail and transit se- VETERANS memory of Georgea Black McKinley, an Ar- curity. Each year, approximately 24 million kansan whose dedication to her family, her intercity rail passengers ride Amtrak, and 9.6 church and her community was as strong as billion people travel by transit. Every day, 32 HON. LANE EVANS the constitution of her pioneering ancestors. million commuters, students, and tourists de- OF ILLINOIS Mrs. McKinley could trace her family roots pend on our public transportation system. One IN THE HOUSE OF REPRESENTATIVES all the way back to the true founders of this of the ripple effects of 9/11 was that the avia- Thursday, September 23, 2004 great nation: America’s first pioneers. In order tion industry was shut down for several days. Mr. EVANS. Mr. Speaker, on August 16, to stay in touch with her historic and noble his- Imagine the social and economic dislocation President Bush stood before the national con- tory, Mrs. McKinley was a member of the Ar- that would occur if a major attack destroyed vention of the Veterans of Foreign Wars kansas Pioneers, United Daughters of the people’s confidence in our transit system, or (VFW) and proclaimed: ‘‘. . . my administra- Confederacy and Daughters of the American made it grind to a halt. The economic impact tion has a solid record of accomplishment for Revolution. would be far greater than 9/11. our veterans . . . To provide health care to Born in DeWitt, Arkansas, she was the Our Nation’s rail and transit systems are veterans, we’ve increased VA medical care daughter of the late Lester A. and Mary Black. highly vulnerable, and require at least $5.2 bil- funding by 41 percent over the past 4 years.’’ Mrs. McKinley attended DeWitt schools, Ward lion in capital equipment and $800 million in The reality is far more complex. Belmont School in Nashville, Tennessee and annual operating expenses to adequately In 1997, Congress gave the Department of then Randolph Macon Woman’s College in meet security needs, according to the Amer- Veterans Affairs (VA) the authority to collect Lynchburg, Virginia. ican Public Transportation Association. This and retain veterans’ copayments for health Mrs. McKinley’s family holds a special place legislation provides that funding, and just as care. As a result, about 6.4 percent of the in my own career, as well. It was Georgea’s importantly, it allows operating expense grant VA’s medical care system is now (fiscal year father, L.A., who had vision of how crucial money to be used for the best security device 2004) comprised of veterans’ copayments. water is to a farmer. I have no doubt Mr. Black of all: more police officers. The Bush Administration has made no secret also passed down his knowledge of irrigation Giving our transit agencies money for that it would like to increase the share of this strategies and water management issues to fences, cameras and explosive detection budget borne by veterans, including combat his daughter. I never met him, but the legacy equipment is necessary, but only a half-meas- decorated veterans, while at the same time of the value of water has impacted my home ure unless we also give them money for the taking steps to discourage veterans’ use of community forever. cops and security officers that make all that their health care system or explicitly bar their Georgea McKinley was an active Methodist, equipment work. This bill allows money to be entrance into the system. The Administration’s but her commitments to her community did not used for hiring new cops and security officers, budget request for fiscal year 2005 would in- stop at the church steps. She was a member pay them overtime when necessary, deploy crease the share of the budget financed by of the Aesthetic Club, The Colonial Dames of additional K–9 units, conduct helicopter pa- veterans to 8.7 percent. America, Little Rock Garden Club, Junior trols, and more. In short, it unties the hands of The Congress—for the third consecutive League of Little Rock and the Edelweiss Club. our transit agencies and lets them spend the year—has rejected the legislative proposals in Mrs. McKinley leaves behind a large and money where they need it. the President’s budget that would charge a loving family filled with children, grandchildren This legislation also provides badly needed new enrollment fee for certain veterans and in- and great-grandchildren. On behalf of the security and safety funding for Amtrak, includ- crease copayments for pharmaceutical drugs. Congress, I extend sympathies to her family ing $670 million for safety upgrades to the tun- Democrats in the House and Senate have and the utmost respect to a woman whose nels that run underneath New York, Baltimore, also asked VA Secretary Anthony J. Principi to love for her friends and family was unlimited and Washington, DC. These tunnels are sim- reconsider his current position to prohibit and whose time was generously shared with ply not properly equipped for rescue oper- some veterans from enrolling in the VA health the community. Georgea Black McKinley was ations or evacuation should either be nec- care system. a true role model, and I am honored to be essary. An additional $62 million for Amtrak to The President’s claim that ‘‘we’ve’’ added 41 able to recognize her in this Congress. put towards security expenses, including the percent for VA medical care gives the false

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.028 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1699 impression that he has endorsed all of these ity to function. It is tempting for well-meaning retary-treasurer. As a staunch supporter of increases to the VA budget. In fact, the Presi- VA employees under pressure to reduce the worker’s rights and active union member and dent has requested only about a 25 percent backlog to decide the claim rather than send- leader, Mike currently serves as the vice presi- increase in appropriated funding over 5 years; ing the examination back to correct the defi- dent of the New Jersey State AFL–CIO and the remainder has come from funding added ciencies. the New Jersey State Building and Construc- by Congress and from increased collections of One measure of accuracy is the marked in- tion Trades Council. He is also a member of copayments from veterans. crease in veterans’ claims pending at the the New Jersey Joint Labor-Management Keep in mind that during the same period, Board of Veterans Appeals (BVA). When Committee and the New Jersey Alliance for the number of veterans entering the VA health President Bush assumed office, 87,291 ap- Action. care system grew by almost 50 percent. Addi- peals were pending. As of August 14, 2004, In addition, Mike is president of the New tionally, medical inflation (which VA forecast at there were 149,222 appeals pending. With in- Jersey State Association of Pipe Trades, and five percent per year) increased by seven to creasing frequency, BVA continues to send the Mechanical Trades Council of New Jersey. eight percent per year. The total average an- claims back for evidence which should have He also chairs the Plumbers and Pipefitters nual increases of eight percent over the five been obtained before the claim was decided. Local Union No. 9 Joint Apprenticeship Com- budget cycles in question still have required The prospect for the future is even worse. mittee, as well as the Trustees of the Edu- VA to take dramatic action to continue to de- Despite increasing numbers of claims for serv- cation Fund—UA/Air Conditioning and Refrig- liver health care services to veterans. In addi- ice-connected compensation from the current eration Contractors Association of New Jer- tion to halting enrollment for tens of thousands wars in Iraq and Afghanistan as well as past sey. of veterans with incomes as low as $25,000 conflicts, the Bush Administration fiscal year For the past 17 years, Mike has proudly who might not be able to afford private health 2005 budget calls for 289 fewer full-time em- served on the Mercer County vocational Tech- insurance, VA has proposed elimination of ployees to handle disability compensation nical School Board, and his civic responsibil- nursing home care for all but the most se- claims than were on the rolls in 2003. Cutting ities also include his service on the New Jer- verely service-disabled veterans. employees who decide these claims at a time sey State Employment and Training Commis- Moreover, the President has actually op- when the number and complexity of claims is sion Executive Committee and the Mercer posed Congressional efforts to add funds to increasing does a great disservice to veterans. County Planning Board. the VA health care system. On July 26, 2002, The misdirection in the President’s speech An avid golfer, and proud father of 4, Mi- Congress authorized $275 million to address continued: ‘‘For more than a century, federal chael, Lee, Barbara and Patrick, and grand- the costs of caring for VA’s higher priority law prohibited disabled veterans from receiv- father to Luke and Eric, Mike has been mar- groups—service-connected and low-income ing both their military retired pay and their VA ried to his wife Lynne for the past 44 years. veterans and those in need of specialized disability compensation. Combat-injured and A true friend, and ardent supporter, Mike has services. The President failed to designate severely disabled veterans deserve better. I been invaluable to my reelection efforts over these funds as emergency spending pursuant was proud to be the first President in over 100 the years. I have profound admiration and re- to the Balanced Budget Act, so the additional years to sign concurrent receipt legislation.’’ spect for Mike, and I am certain that his best resources Congress sought to provide, which Considering his threats to veto it, his party’s years have yet to come. I wish Mike and his would have remained available to the agency vehement objections to it, and the behind- family the best that retirement has to offer and throughout fiscal year 2003, were sacrificed. closed-doors Republican ‘‘compromise’’ that I extend my heartfelt praise and gratitude for The Bush Administration also objected to excludes two-thirds of those eligible and all that he has done. Congressional attempts to add $1.3 billion for forces the rest to wait 10 years to receive full f veterans’ health care in the FY 2004 Emer- benefits, ‘‘proud’’ seems an odd choice of gency Supplemental for Iraq and Afghanistan words. VIDEO VOYEURISM PREVENTION Security and Reconstruction Bill. Joshua ‘‘We’re getting the job done in Washington, ACT OF 2003 Bolten, Director of the White House Office of D.C.,’’ said the President to the VFW. Earlier SPEECH OF Management and Budget (OMB) wrote to this year, VFW then-Commander-in-Chief Ed- House and Senate appropriators on October ward S. Banas, Sr., gave his own assessment: HON. CHARLES A. GONZALEZ 21, 2003: ‘‘The Administration strongly op- ‘‘The President ignored veterans in the State OF TEXAS poses these provisions that would allocate an of the Union Address and with [the] release of IN THE HOUSE OF REPRESENTATIVES additional $1.3 billion for VA medical his 2005 budget, it is further evident that vet- Tuesday, September 21, 2004 care...’’ erans are no longer a priority with this admin- A second Bush term would likely create an istration . . . the American people will not tol- Mr. GONZALEZ. Mr. Speaker, I wish to ex- even more difficult funding environment for erate this shoddy treatment of America’s vet- press my strong support for passage of S. veterans’ programs. OMB guidance leaked to erans, especially at a time of war.’’ 1301, the Video Voyeurism Prevention Act. I wish to thank Chairman OXLEY, Senator the Washington Post this spring indicated that, f for fiscal year 2006, the White House would DEWINE, Senator SCHUMER, as well as Chair- require VA to identify $910 million to cut from RECOGNITION OF MICHAEL F. man SENSENBRENNER and Ranking Member its fiscal year 2005 budget request for discre- CANTWELL IN HONOR OF HIS RE- CONYERS for their work on this legislation. tionary programs—primarily, medical care, TIREMENT Mr. Speaker, unfortunately video voyeurism construction, and research. has become a rapidly growing national prob- The President also told the VFW: ‘‘We’ve HON. FRANK PALLONE, JR. lem. With the development of the Internet and reduced the large backlog of disability claims OF NEW JERSEY miniature camera technology, anybody can by about a third; we will reduce it even fur- IN THE HOUSE OF REPRESENTATIVES now readily invade the privacy of another by ther.’’ secretly videotaping or photographing others Again, not so and not likely. When President Thursday, September 23, 2004 and putting those compromising images on Bush assumed office in January 2001, Mr. PALLONE. Mr. Speaker, I rise today to the Internet. We all regularly see pop up ad- 278,334 veterans’ disability claims were await- pay tribute to an individual who I am fortunate vertisements on the Internet for new miniature ing a VA rating decision. As of August 21, enough to call a dear friend, Mr. Michael Cant- camera technology. Undoubtedly this tech- 2004, there were 330,380 disability claims well. Mike, who started his career as an Ap- nology is being used by many ‘‘Peeping awaiting a rating decision. The one-third re- prentice Steamfitter in 1960, will be retiring Toms’’ to spy on others. It is time that Con- duction claimed by President Bush is not sup- this week, leaving behind a legacy of public gress takes a stand against the growing mis- ported by VA’s own data. service and dedication to working families use of these new technologies. I am concerned that the Bush Administra- throughout the great State of New Jersey. S. 1301, the Video Voyeurism Act makes it tion’s emphasis on productivity as a goal in As a longtime union member and leader, illegal for anyone on federal property to cap- itself, has actually been harmful to veterans. Mike has tirelessly devoted his efforts and ture an improper image of another under cir- Veterans need a timely accurate decision time to countless State, county and municipal cumstances that clearly violates the privacy of when they apply for benefits. In an effort to organizations. For the past 44 years, he has that individual. It is my hope that this legisla- meet production goals, I have found veterans served proudly, as a member of the United tion will spur individual states to follow suit rated on the basis of inadequate medical ex- Association of Plumbers and Pipefitters, and update their criminal codes to ensure that aminations which do not fully address the im- Locals 236 and 9. Currently, he serves as their citizens are similarly protected from video pact of a veteran’s disability on his or her abil- Local 9’s business manager, financial sec- voyeurism in areas under state jurisdiction.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.032 E24PT1 E1700 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 Mr. Speaker, every American has a funda- NAFCU. Bob has been a vocal supporter of A TRIBUTE TO MAJOR GENERAL mental right to privacy that should be pro- credit union issues at both the state and na- TONY L. CORWIN, U.S. MARINE tected from intentional, unwanted incursion. S. tional levels. CORPS 1301, the Video Voyeurism Prevention Act Bob’s election to the NAFCU board is just takes an important step towards updating our one more in a long list of accomplishments HON. JERRY LEWIS nation’s privacy protections for a new genera- that has spanned more than 30 years of serv- OF CALIFORNIA tion of video and camera technology. I support ice in the credit union movement. Bob serves IN THE HOUSE OF REPRESENTATIVES passage of this legislation. on the board of directors for both the Credit Thursday, September 23, 2004 f Union Campaign for Consumer Choice and the Pennsylvania Credit Union Foundation. Mr. LEWIS of California. Mr. Speaker, it is DOCTORS FOR DESIGNATED Additionally, Bob serves on the Philadelphia with pleasure that I rise today to recognize Major General Tony L. Corwin, United States DRIVING Fed’s Credit Union Advisory Council. Bob is a Marine Corps. Major General Corwin has tireless advocate of the credit union movement served as the Legislative Assistant to the HON. ANDER CRENSHAW and I am sure he will serve NAFCU, and the Commandant of the Marine Corps for the last OF FLORIDA entire credit union community, well in his new five years. IN THE HOUSE OF REPRESENTATIVES position on the board of directors. Many Members of Congress and their staffs Thursday, September 23, 2004 Under Bob’s management Members 1st have come to know General Corwin as an ex- FCU has continued to flourish. Today, Mem- Mr. CRENSHAW. Mr. Speaker, today I rise ceptional spokesman for the United States ber’s 1st has 15 branches serving more than Marine Corps. His straightforward approach to recognize the achievements of Doctors for 93,000 Pennsylvanians living and working in Designated Driving which is putting one of and extensive knowledge of programs and the south central region of the State. policy have been of great benefit to the U.S. President George W. Bush’s guiding prin- It is because of the good work of Bob and ciples—compassionate conservatism—into Congress, and our national security. others like him that the credit union movement Through the effective communication efforts practice. enjoys the success it has today. As the Presi- of General Corwin, the U.S. Congress has Doctors for Designated Driving is a group of dent/CEO of Members 1st, Bob has focused been kept fully informed of the crucial pro- physicians dedicated to working with the hos- on ensuring his members receive helpful, per- grams vital to the success of America’s force- pitality industry and other groups to promote sonal service that caters to the needs of indi- in-readiness: the United States Marine Corps. the role of the designated driver. The group vidual members and their financial goals. Such These important programs include, the Joint recognizes cooperating partners for their com- service is the hallmark of the credit union Strike Fighter (JSF), the V–22 program, the mitment to public safety through publicity and movement and Members 1st has exemplified Expeditionary Fighting Vehicle (EFV), the KC– recognition awards including the ‘‘Platinum that philosophy under Bob’s tenure as presi- 130J, the Maritime Prepositioned Force (Fu- Key of Life.’’ dent. I wish Bob good luck in his new role as ture), initial issue of gear for the individual Ma- I am proud that the Jacksonville Jaguars, to- a member of the NAFCU Board of Directors. rine, LHD–17, LHA (R). General Corwin is gether with the National Football League and thoroughly knowledgeable on all of these pro- the Techniques for Effective Alcohol Manage- f grams. ment (TEAM) Coalition, are supporting the General Corwin has provided Congress with designated driver programs during the 2004 CALLING FOR THE SUSPENSION vital information regarding the purchase of the season with a special incentive. This year OF SUDAN’S MEMBERSHIP ON Blount Island Maritime Prepositioning port fa- Alltel Stadium—home of the Jacksonville Jag- THE UNITED NATIONS COMMIS- cility, and why it is vital to the United State’s uars and host of Super Bowl XXXIX—encour- SION ON HUMAN RIGHTS national security. As a result of his efforts, the ages responsibility by providing fans a des- House has agreed to provide $115 million to ignated driver booth program where partici- SPEECH OF acquire this property. In his role as lead liaison pating patrons receive free non-alcoholic HON. BOBBY L. RUSH with the Marine Corps, General Corwin has drinks. Fans who register to be a designated overseen the responses to more than 25,000 OF ILLINOIS driver will pledge not to drink alcohol, will drive congressional inquiries made to House and their friends and family home safely, and will IN THE HOUSE OF REPRESENTATIVES Senate Members. His responses have always ensure that everyone always buckles up. At Wednesday, September 22, 2004 been timely, accurate, and professional. the end of the season, the TEAM Coalition The Marine Corps Air-Ground Combat Cen- Mr. RUSH. Mr. Speaker, I rise to support S. and the Jacksonville Jaguars will select one ter at Twentynine Palms—the Corps’ largest Con. Res. 137, calling for the suspension of designated driver to represent the team at base—is in my district, and I receive numer- Sudan’s membership on the United Nations Super Bowl XXXIX. The selected designated ous requests from Marines, and their family Commission on Human Rights. For nearly 20 driver will receive two tickets to the game and members on a myriad of issues. General months now, there have been atrocities in hotel accommodations. Corwin and his superb staff have helped me I want to commend my friend, Dr. Howard Darfur, Sudan. The group that have been provide top-notch service for these defenders Forman, for his work in founding Doctors for committing these killings are called of our Nation. Designated Driving. With our strong support, it ‘‘Janjaweed.’’ The Janjaweed are a Sudanese General Corwin is known for his in-depth is my hope that Doctors for Designated Driv- government sponsored militia group. knowledge of the legislative issues and oper- ing will be successful in the promotion of des- There is a creditable amount of testimony to ational requirements of the Marine Corps. But ignated drivers throughout the nation. confirm that the Sudanese government have he is also greatly respected as a dedicated been using the Janjaweed as an extension of f leader and officer who possesses a deep and their military to forcible remove the Black Afri- abiding passion for what it means to be a Ma- RECOGNITION OF ROBERT MAR- cans in Darfur from their land. The Janjaweed rine. He has an unquestionable devotion to QUETTE, NEWLY ELECTED DI- have been linked to brutal executions, rape, duty, impeccable integrity, absolute sound RECTOR ON THE BOARD OF THE pillage and burning of villages. character and is a consummate professional. NATIONAL ASSOCIATION OF FED- Recently, the Secretary of State had no Through his assignment as the Legislative As- ERAL CREDIT UNIONS choice but to acknowledge the genocide pub- sistant to the Commandant, General Corwin licly. He has returned to the UN with a new has served the Congress and our Nation ex- HON. TIM HOLDEN resolution calling for sanctions if Khartoum re- traordinarily well. OF PENNSYLVANIA fuses to disarm militias in Darfur and to allow As Chairman of the Defense Subcommittee more African Union soldiers in to monitor. IN THE HOUSE OF REPRESENTATIVES of the House Appropriations Committee, I We are aware that there are American com- have had invaluable insights and great appre- Thursday, September 23, 2004 panies with interest in Sudan but principles ciation for the caliber of General Corwin’s Mr. HOLDEN. Mr. Speaker, I rise today to must come before profits. work. He sets a high standard for others to recognize Bob Marquette, the president and I rise to ask all Members to join us and call emulate. I wish General Corwin and his wife, CEO of Members 1st Federal Credit Union, for Sudan’s membership on the United Na- Thanya, and their wonderful family continued headquartered in Mechanicsburg, PA, on his tions Commission on Human Rights to be re- success in their future endeavors. Many recent election to the Board of Directors of the voked and I unequivocally support this thanks, General Corwin. Our Nation benefits National Association of Federal Credit Unions, resolution. from your outstanding leadership.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.036 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1701 HONORING THE 50TH ANNIVER- handler to secure under a seal approved by HONORING THE CONGRESSIONAL SARY OF THE CATHOLIC CHAR- the Secretary, a shipping container that is CONFERENCE ON CIVIC EDUCATION ITIES OF MONROE COUNTY emptied by the person. It is my strong belief that this program, HON. JIM GIBBONS HON. JOHN D. DINGELL when fully implemented, will do so much for OF NEVADA OF MICHIGAN securing our supply chain, reducing conges- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tion around our ports and intermodal centers while offering our shippers the opportunity to Thursday, September 23, 2004 Thursday, September 23, 2004 actively participate in securing our home front, Mr. GIBBONS. Mr. Speaker, our founding Mr. DINGELL. Mr. Speaker, I rise today to our economic supply chain, our transportation fathers knew that the vitality of our democracy pay tribute to the Catholic Charities of Monroe infrastructure, and most importantly our com- was contingent on an informed and enlight- County in honor of its 50th anniversary. munities. ened citizenry. That is why we must promote The Catholic Charities of Monroe County, Last month in response to the 9/11 Com- quality instruction and teacher preparation in which is located in my district, began in 1952 mission Report, the Maritime and Coast Guard the field of civic education. under the leadership of Joseph O’Connor, and Subcommittee took testimony from panelists On September 20–22 of last year the first was incorporated into the Archdiocese of De- responding to the Commission’s findings and annual Congressional Conference on Civic troit in September, 1954. Since its inception, directives. Education was launched. During the con- the organization has touched many individuals A scenario, presented to our committee that ference, state delegations were created to with their education, health and human serv- characterized ‘‘cargo containers as a poor enact specific local policies designed to re- ices programs. man’s missile,’’ struck me as all too real. In store the civic mission of our schools. In their 50 years of service, the Catholic southern California, the ports of Long Beach I would like to recognize Judith Simpson, Charities of Monroe County assisted over and Los Angeles imported 68,000 containers a the facilitator of the Nevada delegation for her 142,000 individual requests. The adoption pro- week in 2003. Combine exports and imports leadership in working to design an action plan gram they created in 1959 placed approxi- for 2003 and you have 125,000 containers to improve civic education in our State. mately 800 children with adoptive families. that come in, out and through the most popu- Nevada was one of six States that were Catholic Charities started numerous coun- lous region in the country with 17 million resi- awarded the $150,000 Campaign for the Civic seling programs for separated families, senior dents and growing—and with many high risk Mission of Schools Grand from the Carnegie citizens, and substance abuse treatment and targets. Our streets, our communities, our rail and Knight Foundations. Civic education is on prevention. Additionally, they helped offenders infrastructure at any time are supporting full the move in Nevada. in the criminal justice system, as well as es- and empty containers. I look forward to the success of the Nevada tablished services for runaways. Other serv- Containers are as common in southern Cali- civic education delegation and its participation ices included the Local Migrant Program, fornia as lawyers are in Washington, DC. Look at the second annual Congressional Con- Head Start, Early Childhood Education, and around you and you will know what I mean. ference on Civic Education on December 4–6 at-risk youth and adult programs. Through Now, if a container were to be com- of this year. these various programs, one theme is steadily promised, empty or full, it would call into ques- f apparent: the Catholic Charities of Monroe tion the integrity of all containers on our high- PERSONAL EXPLANATION County has consistently come to the aid of ways and railways that travel along our entire those most in need. transportation infrastructure and throughout The Catholic Charities of Monroe County our communities. HON. BRIAN BAIRD continues to make much needed contributions Placing a seal on an empty container is a OF WASHINGTON to their community, and with recent successful cost effective commonsense solution that fur- IN THE HOUSE OF REPRESENTATIVES fundraisers will do so for many years to come. ther strengthens the partnership between the Thursday, September 23, 2004 Indeed, through the dedication of this humani- shipping community and the Department of Mr. BAIRD. Mr. Chairman, on Wednesday, tarian agency, Monroe County is a better Homeland Security against the on-going war September 22, 2004, I was unable to partici- place to live and work. on terrorism. pate in legislative business because I was at- Mr. Speaker, I ask that all of my colleagues Specifically, I would recommend that the tending the funeral of a close friend. Had I join me in commending the Catholic Charities Customs-Trade Partnership Against Terrorism been present for legislative business on Sep- of Monroe County on providing 50 years of ex- or C–TPAT administer this program. tember 22, 2004, I would have voted ‘‘yea’’ on emplary service to the Michigan community This initiative, under the Customs and Bor- final passage of H.R. 5025, the Fiscal Year and in wishing them many more years of suc- der Protection Doctorate at the Department of 2005 Transportation, Treasury and Inde- cess. Homeland Security, has a proven track record pendent Agencies Appropriations Act. f of doing great things with securing our supply f INTRODUCTION OF THE SECURE line. DOMESTIC CONTAINER PARTNER- Through the C–TPAT initiative, Customs INTRODUCTION OF THE OGLALA SHIP ACT OF 2004 has been working in partnership with compa- SIOUX TRIBE ANGOSTURA IRRI- nies and carriers involved in importing goods GATION PROJECT REHABILITA- HON. JUANITA MILLENDER-McDONALD into the United States. TION AND DEVELOPMENT ACT Companies are asked to assess the OF CALIFORNIA vulnerabilities of their supply chains and to HON. STEPHANIE HERSETH IN THE HOUSE OF REPRESENTATIVES work with Customs to address any vulner- OF SOUTH DAKOTA Thursday, September 23, 2004 ability. IN THE HOUSE OF REPRESENTATIVES Ms. MILLENDER-MCDONALD. Mr. Speaker, In short, the C–TPAT initiative is the equiva- I rise to ask for unanimous consent to address lent to the trusted traveler program for goods Thursday, September 23, 2004 the House for 5 minutes. that the FAA is currently implementing for pas- Ms. HERSETH. Mr. Speaker, today I am I want to bring to the attention of this Con- sengers. pleased to introduce the Oglala Sioux Tribe gress, legislation that I have introduced The C–TPAT initiative would be an excellent Angostura Irrigation Project Rehabilitation and today—The Secure Domestic Container Part- partner and I would encourage the Secretary Development Act. This legislation authorizes nership Act of 2004. to take my recommendation. much-needed efficiency improvements to the This legislation directs the Secretary of Like the C–TPAT initiative, the pilot program irrigation facilities at the Angostura Unit, a Homeland Security to create a pilot program created by enactment of The Secure Domestic Federal Bureau of Reclamation dam on the that encourages shipping handlers to seal Container Partnership Act of 2004 would be Cheyenne River in South Dakota. These im- empty shipping containers after they have un- purely voluntary on the part of shippers. provements will restore critical water re- packed them. This is a win/win for business, our transpor- sources and promote economic development Under this pilot program, the Secretary may tation system, and our communities. on the nearby Pine Ridge Indian Reservation. authorize a shipper, cargo carrier, freight for- I ask my colleagues to strongly support the This bill provides important resources to the warder, terminal operator, port authority, or ‘‘The Secure Domestic Container Partnership citizens of South Dakota and the Lakota peo- labor organization that is a qualified container Act of 2004.’’ ple of the Pine Ridge Indian Reservation. It

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.041 E24PT1 E1702 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 authorizes funds to carry out the Bureau of Mr. Greg Renker is a founding principal of tireless advocates for Title IX. Their efforts Reclamation’s recommended improvements to Guthy-Renker, an infomercial studio that has have helped the Women’s Caucus and our the irrigation facilities at the Angostura dam. evolved into one of the world’s largest tele- male colleagues to preserve and strengthen The dam provides substantial economic bene- vision response-driven companies. Mr. Renker this historic law. fits to many South Dakotans. It provides irriga- is personally responsible for productions, new It is important for girls to have every oppor- tion to 12,218 acres of land which benefits business development and business affairs, tunity to succeed, especially when it comes to ranchers and agricultural producers in the and, with partner Bill Guthy, supervises the athletics. That is why the leadership of the area, and it supports an important recreational overall direction of the company. Congressional Caucus for Women’s Issues boating and fishing industry which is enjoyed As a founder of ERA and an industry pio- has introduced H.R. 4994, the High School by many of our citizens. neer, Advertising Age magazine named Mr. Athletics Accountability Act. This bill will re- Until now, however, the Angostura dam has Renker to its ‘‘Marketing 100’’ list for his quire schools to report to the Department of failed to provide any of these economic bene- achievements in the direct response television Education basic data on the number of female fits to the members of the Oglala Sioux Tribe industry. In addition, Mr. Renker has been and male students in their athletic programs who live just 20 miles downstream of the dam spotlighted by Fortune Magazine on its list of and the expenditures made for their sports on the Pine Ridge Indian Reservation. The ‘‘America’s Smartest Young Entrepreneurs’’ teams. Currently high schools are not required Oglala Sioux Tribe has long relied on the re- and also was honored as one of Inc.’s ‘‘Entre- to disclose any data on equity in sports, mak- sources provided by the Cheyenne River, preneurs of the Year.’’ Currently, he serves as ing it difficult for schools and parents to en- which forms part of the northern boundary of a permanent Chairman Emeritus of ERA and sure fairness in athletics programs. Better in- its reservation. Long before the dam was con- is active in a multitude of industry-wide initia- formation can help high schools and parents structed as part of the Pick-Sloan Missouri tives. of schoolchildren foster fairness in athletic op- River Basin Project, the Tribe relied on the Mr. Speaker, I congratulate Greg Renker on portunities for girls and boys. river as an important economic resource. his successes and on his dedication to the As a testament to the power of these Since it was completed, however, the dam has electronic retailing industry. I know that he will women, their fan appreciation tour, which taken an enormous toll on the Tribe. The dam continue to be a strong presence in both the kicks off in Rochester, on September 25, sold curbed the Cheyenne River’s natural flow, re- industry as well as in his local community. I out all 14,000 seats in just minutes. I have in- ducing water quality on the Reservation, di- wish him all the best in his future endeavors troduced a bill in Congress, H. Res. 373, minishing natural riparian habitats, adversely and congratulate him on this well-deserved which supports the reestablishment of the impacting fish and wildlife and forcing impor- award. Women’s United Soccer Association (WUSA). tant Tribal agricultural enterprises to shut their f Hopefully, some day the WUSA will return, to doors. give every amazing female soccer player the The bill implements the Bureau of Reclama- RECOGNIZING THE ACCOMPLISH- professional athletic opportunities in the United tion’s preferred alternative in its revised water MENTS OF WOMEN ATHLETES AT States they so deeply deserve. management plan for the Angostura Unit, THE 2004 SUMMER OLYMPICS Thank you to all the women Olympic ath- which calls for improved efficiencies in irriga- letes for transforming the lives and attitudes of tion operations that will free up additional HON. LOUISE McINTOSH SLAUGHTER today’s young women, and for those of gen- water resources for both existing water users OF NEW YORK erations to come. We all know that girls who and the Tribe. In addition, the legislation would IN THE HOUSE OF REPRESENTATIVES compete in sports perform better in school, authorize the creation of a trust fund to com- are physically healthier and have a stronger pensate the Tribe for the devastating eco- Thursday, September 23, 2004 self-esteem. Our girls have learned that sweat nomic impacts and loss of natural resources Ms. SLAUGHTER. Mr. Speaker, I rise today is sexy, brawn is beautiful and a little dirt caused by the operation of the dam. The fund to honor the amazing achievements of the never hurt anyone. You have truly given us all will be used to promote economic and infra- women athletes at the 2004 Olympics in Ath- a whole lot more to celebrate, work hard for structure development on the Pine Ridge In- ens, Greece. In particular, I want to celebrate and dream about. dian Reservation and enhance the education, the success of the United States Women’s f health and general welfare of the Oglala Soccer Team, who made us proud by winning Lakota people. a gold medal at the 2004 Olympics, beating HONORING DEDICATION OF The bill is a companion to S. 1996, which Brazil 2–1 in overtime, on August 26, 2004. FRANKLIN PARKER PRESERVE was introduced by Senator DASCHLE on De- Every woman on the Olympic soccer team cember 9, 2003 and is co-sponsored by Sen- deserves our recognition and congratulations: HON. RODNEY P. FRELINGHUYSEN ators JOHNSON and INOUYE. S. 1996 was re- Shannon Boxx, Brandi Chastain, Joy Fawcett, OF NEW JERSEY cently reported favorably to the Senate by the Julie Foudy, Mia Hamm, Angela Hucles, Kris- IN THE HOUSE OF REPRESENTATIVES Committee on Indian Affairs. tine Lilly, Kristin Luckenbill, Kate Markgraf, Thursday, September 23, 2004 I hope that my distinguished colleagues will Heather Mitts, Heather O’Reilly, Cindy Parlow, Mr. FRELINGHUYSEN. Mr. Speaker, I rise take up and pass this legislation quickly. It will Christie Rampone, Cat Reddick, Briana Scur- allow all of us in South Dakota to better use today to honor the New Jersey Conservation ry, Lindsay Tarpley, Aly Wagner, and Abby Foundation’s official dedication of the Franklin our natural resources, while keeping our sol- Wambach. emn commitment to deal fairly and honorably Parker Preserve—the largest, private land ac- These women have become some of the quisition in our state on Friday, September 24, with the Oglala Sioux Tribe and the Lakota most famous athletic role models on earth. people of the Pine Ridge Indian Reservation. 2004. They have taught our children that if you work The 9,400-acre Franklin Parker Preserve in- I ask for your help and support in moving it hard and you believe in yourself, you can ac- cludes 1,500 acres of reservoirs and thou- forward. complish anything. Indeed, these women are sands of acres of wetland and upland forests, f helping to fundamentally change perceptions including 600 acres of Atlantic white cedar HONORING GREG RENKER about athletics. It is no surprise that our little swamp, and serves as a critical link in con- girls look up to these strong, motivated women necting state-owned forests. HON. JON C. PORTER for inspiration. But to also see little boys wear- The Preserve has exceptional habitat for na- ing jerseys emblazoned with the names of OF NEVADA tive and endangered species including bald their favorite women players is a wonderful IN THE HOUSE OF REPRESENTATIVES eagle and the Pine Barrens tree frog. sight. The site will be named in honor of Franklin Thursday, September 23, 2004 The accomplishments of this generation of E. Parker III, the first Chair of the Pinelands Mr. PORTER. Mr. Speaker, I rise today with women athletes demonstrates the profound Commission from 1979 to 1988, who has great pleasure to honor an individual that has impact that Title IX has had on increasing op- been a long-time supporter of environmental been awarded the Electronic Retailing Asso- portunities in sports for women and girls. Title causes throughout the country, our state and ciation’s (ERA) 2004 Lifetime Achievement IX, part of the Education Amendments of 1972 my Congressional District. Award. This award is given to individuals who requiring that public schools and colleges pro- Mr. Speaker, I urge you and my colleagues have been instrumental in shaping the elec- vide equal educational and athletic opportuni- to join me in congratulating New Jersey Con- tronic retailing industry and who have elevated ties for girls and women, has unquestionably servation Foundation, Franklin Parker, and so the significance and stature of both direct re- been a tremendous success. The members of many individuals and groups that have made sponse and the association. the U.S. Women’s Soccer team have been the Parker Preserve a reality.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.045 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1703 PERSONAL EXPLANATION Department of Communications for the Coun- NEBRASKA’S LEADERSHIP IN DE- cil of Churches in New York City and as a SIGNING A PLAN TO IMPROVE HON. JAMES R. LANGEVIN former president of the North American Baptist CIVIC EDUCATION OF RHODE ISLAND Fellowship of the Baptist World Alliance and IN THE HOUSE OF REPRESENTATIVES the Baptist Minister’s Conference of Greater HON. TOM OSBORNE Thursday, September 23, 2004 New York. He was also a former member of OF NEBRASKA the Board of Directors for Religion in American IN THE HOUSE OF REPRESENTATIVES Mr. LANGEVIN. Mr. Speaker, from Sep- Life, a former member of the Brooklyn Bor- tember 9th to September 15th, I was unavoid- Thursday, September 23, 2004 ably detained in my district due to the death ough President’s Community Board #3, and Mr. OSBORNE. Mr. Speaker, we should be of my father. I would like the record to show was elected to the Board of Directors of the very proud of our constitutional heritage, and that, had I been present, I would have voted New York Bible Society in New York City in feel comforted by the fact that we live in the ‘‘yea’’ on rollcall vote numbers 440, 441, 442, 1990. More recently, in June 2002, Dr. Turner world’s oldest constitutional democracy. We 443, 446, 447, 448, 449, 452, 453, 454, and was elected Secretary of the 7,000 members celebrate Constitution Week knowing that the 456. I would have voted ‘‘no’’ on rollcall vote Hampton University Minister’s Conference. Fi- principles of a free democracy are emulated numbers 438, 439, 444, 445, 450, 451, and nally, he was an Adjunct Professor on Urban by nations throughout the world. It is ex- 455. Concerns at Alliance Theological Seminary in tremely important that our young people un- f New York. derstand and appreciate the time-honored principles that the U.S. Constitution, the Dec- PERSONAL EXPLANATION For his efforts, Dr. Turner has been honored laration of Independence, and other docu- by many community groups including the City ments embody. For this reason, effective in- HON. TIM MURPHY of New York; the Bureau of Child Welfare; the struction in civics and government in our OF PENNSYLVANIA United Builders Association; the Boy Scouts of schools is necessary. IN THE HOUSE OF REPRESENTATIVES America; and the YMCA. The Governor of Last year, the first Congressional Con- ference on Civic Education was held. One of Thursday, September 23, 2004 New York appointed him to the New York State Commission on Health Education and Ill- the positive outcomes of this conference was Mr. MURPHY. Due to official business relat- ness Prevention. In 1990, Dr. Turner was ap- the establishment of state delegations to re- ing to the devastating damage caused by Hur- pointed Chairman of the Billy Graham Cru- turn to the state to enact specific policies de- ricane Ivan in my Congressional District, I was sade in New York City where the Great Lawn signed to restore the civic mission of our not present in the chamber on Wednesday, in Central Park held the largest crowd ever to schools. I would like to recognize Nebraska’s September 22, 2004, and was regrettably un- delegation for their leadership in working to attend a Billy Graham meeting in North Amer- able to cast my vote on rollcall No. 461, No. design a plan to improve civic education in our 462, No. 463, No. 464, and No. 465. ica. Also, in the spring of 1990, as editor of state. Had I been present, I would have voted the Baptist Progress, Dr. Turner received the Nebraska’s plan will result in the formation ‘‘no’’ on rollcall No. 461; ‘‘yea’’ on rollcall No. Martin Luther King, Jr. Award for meritorious of the Civics Nebraska Partnership, a coalition 462; ‘‘yea’’ on rollcall No. 463; ‘‘no’’ on rollcall service in writing. of educators, public officials, agencies, and or- No. 464; and ‘‘yea’’ on rollcall No. 465. Dr. Turner produces and directs a weekly ganizations committed to improving the level f radio show known as ‘‘The Black Religious of civic learning in our state. Initially, Civics Nebraska will measure civic aptitude and atti- A TRIBUTE TO REV. DR. V. Experience’’ as well as a public affairs Cable tudes of Nebraskans and provide a clearing- SIMPSON TURNER, SR. TV program known as ‘‘The Public Wants To house of resources for classroom teachers. It Know.’’ He is the author of ‘‘Compassion for is hoped that the partnership will help bridge HON. EDOLPHUS TOWNS the City,’’ which is used throughout the coun- the gap that sometimes exists between the OF NEW YORK try as a textbook for those going into urban education and government sectors when it IN THE HOUSE OF REPRESENTATIVES ministry. Dr. Turner has been instrumental in comes to civics education. implementing several important community Thursday, September 23, 2004 I look forward to the success of Civics Ne- programs and resources such as a Homework braska and want to recognize the efforts of Mr. TOWNS. Mr. Speaker, I rise in honor of Center, a High School Equivalency Program, a those who are working hard to improve civics Dr. V. Simpson Turner, Sr. for the 39th anni- referral service to New York City Technical and government education. versary of his pastoral leadership and spiritual College, a Senior Services and handicapped f guidance of the Mt. Carmel Baptist Church Bus Ministry, a Radio Ministry, a Shut-In and and the Brooklyn Commununity. RECOGNIZING OLYMPIAN MELISSA Dr. Turner earned his Bachelor’s Degree at Outreach Ministry, a Carillons Ministry, a MORRISON Gordon College, Wenham, Massachusetts; a ‘‘Sing, Spell, Read and Write’’ Educational Master’s of Religious Education at Biblical Ministry, and a Soup Kitchen Ministry. Several HON. ROBIN HAYES college graduates began their college careers Seminary of New York City; a Master’s of Sa- OF NORTH CAROLINA at Mt. Carmel as part of the then NYC Com- cred Theology at New York Theological Semi- IN THE HOUSE OF REPRESENTATIVES nary; and a Doctor of Ministry degree from munity College extension, which Dr. Turner Drew University School of Theology in Admin- helped to operate. Thursday, September 23, 2004 istration. He is married to Laura B. Turner, an On January 4, 2004, Dr. Turner celebrated Mr. HAYES. Mr. Speaker, I rise today to outstanding educator and a New York State honor Kannapolis, North Carolina native Me- his 39th Anniversary as Pastor of Mt. Carmel Certified Secondary School Principal. They lissa Morrison. I want to congratulate Melissa have two children: Reverend Vivian R. Pittman Baptist Church in Brooklyn, New York. He had for her Bronze medal in the 100 meter hurdles and Reverend V. Simpson Turner, Jr., both of a vision to combine his church and an apart- at the 2004 Athens Olympics. whom are ordained ministers at the Mt. Car- ment building into a Church and Educational Melissa started running track in the seventh mel Baptist Church; son-in-law, Deacon/Trust- complex. In the spring of 1993, Dr. Turner re- grade because a cousin, April Graham, made ee Jerald Pittman; daughter-in-law, Lady alized his vision of building affordable housing. it look easy and fun. A few short years later Selena Turner; grandchildren, Kenya and Na- Today, the 78 units, known as the Mt. Carmel Melissa was running track for A.L. Brown High than Botley, Jerald Ali Pittman, Joelle Pittman, Town Houses are occupied by new home- School, and collecting four state titles in the V. Simpson Turner III and Seteena Eliza owners. process. She next attended Appalachian State Laura Turner; and great grandchildren, University earning a Bachelor of Science de- Mr. Speaker, Dr. V. Simpson Turner, Sr. Rasaun Botley and Vivian Botley. gree in Psychology, and receiving All-Amer- Dr. Turner has been active in numerous has been a tireless advocate for his commu- ican honors in both the 55 and 100 meter hur- civic and charitable organizations. He has nity and a spiritual leader for 39 years at Mt. dles. served on the Board of Trustees for Gordon Carmel Baptist Church. As such, he is more Melissa’s first Olympic experience was at College, the Baptist Home for the Elderly, the than worthy of receiving our recognition today the 2000 Sydney, Australia games. In Sydney, Brooklyn Public Library, and Baptist Medical and I urge my colleagues to join me in hon- Melissa was the only American woman to win Center. He has served as the Chairman of the oring this truly remarkable person. a medal in the 100 meter hurdles, winning

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.049 E24PT1 E1704 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 bronze with a time of 12.76 seconds in the CALLING FOR THE SUSPENSION young researcher can receive. Since 1996, the final. With her Athens repeat this year, Melissa OF SUDAN’S MEMBERSHIP ON White House has acknowledged the achieve- became the only two-time American medalist THE UNITED NATIONS COMMIS- ments of such talented professionals. Each in the 100 meter hurdles. SION ON HUMAN RIGHTS year, eight federal agencies nominate prom- In the last couple of years Melissa has ising researchers and the winners receive up fought through serious adversity, including SPEECH OF to five years of funding for their future work. nagging injuries and personal tragedy. How- HON. MARTIN T. MEEHAN The sole recipient from New Jersey, Dr. Arinzeh received a $400,000 grant from the ever, through unyielding determination and OF MASSACHUSETTS National Science Foundation. support from her loved ones, she never gave IN THE HOUSE OF REPRESENTATIVES up. In the race where Melissa captured her Born and raised in Jersey City, Dr. Arinzeh Wednesday, September 22, 2004 second Olympic medal, she exemplified her is currently a professor of biomedical engi- never quit attitude. Melissa collided with two Mr. MEEHAN. Mr. Speaker, I rise today in neering at the New Jersey Institute of Tech- hurdles but continued to fight on. In fact, she strong support of Senate Concurrent Resolu- nology in Newark. In addition to her research addressed these hardships and gave us in- tion 137. projects, Dr. Arinzeh devotes her time to de- sight to her strong character by saying, ‘‘Men- The human rights violations in Darfur are veloping new undergraduate and graduate tal strength got me through there and got me reaching a crisis point. Since the beginning of programs in tissue engineering, as well as cre- a bronze medal again this year.’’ the conflict in early 2003, more than 30,000 in- ating community outreach programs for high school students in New Jersey and New York. Mr. Speaker, while I have only touched on nocent civilians have been murdered, more than 400 villages have been destroyed, and Today, I ask my colleagues to join me in a fraction of her accomplishments, I proudly honoring Dr. Treena Livingston Arinzeh, a join her friends, family, and teammates in con- hundreds of thousands of people have been displaced from their homes. trailblazer in the field of stem cell research. I gratulating Melissa’s outstanding athletic applaud her for her exceptional achievements. achievements. I wish Melissa continued suc- Tragically, the situation in Darfur has esca- lated from a rebellion by local militias into a New Jersey and our nation will greatly benefit cess both on and off the track, and would also from her groundbreaking work. like to congratulate her on the forthcoming full-scale ethnic cleansing campaign. The gov- f marriage to fiance´ Josephus Howard. ernment in Khartoum has met this crisis with deliberate neglect at best, and direct support PAYING TRIBUTE TO CARL at worst. Congress rightly called this brutal f BLEDSOE and systematic slaughter a ‘‘genocide’’ in a PAYING TRIBUTE TO LEE ELWOOD resolution passed on July 22. HON. SCOTT McINNIS GILLIS On July 30th, the United Nations Security OF COLORADO Council unanimously adopted a resolution call- IN THE HOUSE OF REPRESENTATIVES ing upon the Sudanese government to imme- HON. SCOTT McINNIS diately fulfill its obligations to facilitate humani- Thursday, September 23, 2004 OF COLORADO tarian relief, take steps to disarm the Mr. MCINNIS. Mr. Speaker, I would like to take this opportunity to pay tribute to Carl IN THE HOUSE OF REPRESENTATIVES Janjaweed militias, and cooperate with an independent investigation of human rights vio- Bledsoe and thank him for his exceptional Thursday, September 23, 2004 lations in Darfur. However, it is time for the contributions to his community and the State of Colorado as the Speaker of the Colorado Mr. MCINNIS. Mr. Speaker, I would like to international community to make its authority House of Representatives. A state representa- take this opportunity to pay tribute to Lee felt through actions, not just words. tive since 1973, Carl is a dedicated public Elwood Gillis and thank him for his exceptional The Universal Declaration of Human Rights servant and leader in his community and I am contributions to his community and the State binds member nations together in a pact to honored to recognize his service before this of Colorado as the District 63 representative to uphold universal respect for and observance of human rights and fundamental freedoms. body of Congress and this Nation today. the Colorado House of Representatives. A A resident of Aroya, Colorado, Carl grad- representative since 1981, Lee is a dedicated The Government of Sudan has broken this pledge and must be held accountable for its uated from Kit Carson High School in 1941 public servant and leader in his community and served in the U.S. Army Air Corp from and I am honored to recognize his accom- crime against humanity. I therefore urge Con- gress to call for the immediate suspension of 1942 to 1945. He later earned a bachelor’s plishments before this body of Congress and degree in animal husbandry from Colorado this Nation today. Sudan from the United Nations Commission on Human Rights and pass Senate Concur- State University. Carl began his impressive Lee was born in Texas and graduated with rent Resolution 137. thirty-two year public service career in 1958 as a bachelor’s degree in business from West secretary of the Lincoln County Stockmen’s f Texas State University before going on to Association. He served 12 years on the Kit serve in the Texas National Guard and the IN HONOR OF DR. TREENA Carson Board of Education, including two U.S. Army Rangers. He is a member of the LIVINGSTON ARINZEH years as President. Carl was the President of National Federation of Independent Business Cheyenne County Farm Bureau from 1962 to and Director of the Heritage Savings and Loan HON. ROBERT MENENDEZ 1964, and the Colorado Cattlemen’s Associa- from 1977 to the present. Lee began his pub- OF NEW JERSEY tion in 1967. He has also served as a member lic service career in 1980, when he was elect- IN THE HOUSE OF REPRESENTATIVES of various organizations like the National ed to the Colorado House of Representatives Western Stock Show Association, the Colo- and subsequently reelected in 1982, 1984, Thursday, September 23, 2004 rado Housing Inc, Board, the Colorado State 1986, 1988, and 1990. Serving the people of Mr. MENENDEZ. Mr. Speaker, I rise today Board of Veterinary Medicine and the Colo- Baca, Bent, and Otero County in District 63, to honor Dr. Treena Livingston Arinzeh for her rado State Fiscal Policy Committee. Lee has long been an advocate of lowering outstanding work in the field of stem cell re- Carl was elected to the State House of Rep- property taxes on agricultural land, and estab- search. On September 9, 2003, President resentatives in 1972 becoming the third mem- lish an economic development office in South- Bush presented her with the Presidential Early ber of his family to serve in the Colorado Gen- east Colorado. He served on the Game, Fish Career Award for Scientists and Engineers. eral Assembly. During his seventeen years as & Parks, Education, Appropriations, House Dedicated to researching stem cells, Dr. a legislator, Carl chaired the House Com- Services, and Joint Budget Committees during Arinzeh has made revolutionary findings that mittee on Finance, the Legislative Audit Com- his legislative career. may lead to procedures that help people re- mittee, the Western Region of the Council of Mr. Speaker, it is clear that Lee Elwood cover from a variety of diseases, spinal cord State Governments, and was the vice-chair- Gillis has ceaselessly dedicated his time and injuries, and bone and cartilage damage. Dr. man of the International Trade Committee of efforts to serving his country and the people of Arinzeh has earned the respect of her col- the National Conference of State Legislatures Colorado as a State Representative. I am hon- leagues and established herself as a scientist and most recently Speaker of the House for ored to bring his hard work and commitment by publishing influential papers in the Journal the last five years. During his seventeen years to the attention of this body of Congress and of Biomedical Materials Research and the of service he received many awards such as this nation today. Thank you for all your serv- Journal of Bone and Joint Surgery. the Outstanding Rural Legislator of the Year, ice, Lee, and I wish you all the best in your The Presidential Early Career Award for Sci- and the American Legislative Exchange Con- future endeavors. entists and Engineers is the highest honor a ference’s Outstanding State Legislator award.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.053 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1705 Mr. Speaker, it is clear that Speaker already been determined and that the vote PAYING TRIBUTE TO MICHELLE Bledsoe has ceaselessly dedicated his time count will support that determination. Inde- LAWRENCE and efforts to serving his country and the peo- pendent polls verify that around 70 percent ple of Colorado as the Speaker of the House of the population believes this. That rein- HON. SCOTT McINNIS forces the view that every effort must be in the Colorado House of Representatives. I OF COLORADO made by observers to ensure that the vote am honored to bring his hard work and com- IN THE HOUSE OF REPRESENTATIVES mitment to the attention of this body of Con- count is accurate and fair. gress and this nation today. Thank you for all While the delegation cannot investigate Thursday, September 23, 2004 your service, Carl, and I wish you all the best the allegations made, it does note with deep Mr. MCINNIS. Mr. Speaker, I would like to in your future endeavors. concern the repeated allegations of the sys- take this opportunity to pay tribute to Michelle f tematic use of the government’s administra- Lawrence and thank her for her exceptional tive resources to bring pressure upon voters contributions to her community and the State FORMER U.S. CONGRESSMEN’S to support the candidate endorsed by govern- of Colorado as a Jefferson County Commis- MONITORING DELEGATION TO ment authorities. These reports are too nu- sioner. A two term commissioner, Michelle is UKRAINE JULY REPORT—EXECU- merous, consistent, and from too many dif- a dedicated public servant and leader in her TIVE SUMMARY ferent locations to be set aside; in fact they community, and I am honored to recognize appear to the delegation to constitute a pat- her accomplishments before this body of Con- HON. MARCY KAPTUR tern of officially sanctioned political activ- gress and this Nation today. OF OHIO ity by government employees that is in vio- Michelle is a Colorado native who has lived IN THE HOUSE OF REPRESENTATIVES lation of Ukraine’s law on presidential elec- most of her life in Jefferson County. She is the tions. Thursday, September 23, 2004 co-owner of a Jefferson county business that The delegation is very concerned about had been in her family for over 48 years. Ms. KAPTUR. Mr. Speaker, I am submitting these reports and appeals to the Ukrainian Michelle served in the Colorado legislature the following article for the RECORD. government to ensure that all local govern- from 1990 to 1994, and is a former member Significant irregularities and impropri- ment officials strictly adhere to the law. Al- of the board of directors of the Arvada Cham- eties have been found in the on-going presi- legations include: threats regarding loss of ber of Commerce. She has been active in sev- dential campaign in Ukraine by an election jobs predominate; police preventing buses eral local community organizations such as monitoring delegation of former Members of and automobiles from traveling to opposi- Congress in the Kharkiv, Poltava, and Sumy the Arvada Historical Society and the Arvada tion rallies; forcing government workers, oblasts. center for the Arts & Humanities and as a Five former U.S. Congressmen—John teachers, and hospital workers to sign peti- member of the Jeffco Transportation Task Conlan (R–AZ), Arlen Erdahl (R–MN), Jack tions for pro-government candidate, Viktor Force. Hightower (D–TX), Gregory Laughlin (R– Yanukovych; forcing regional councils to After leaving the General Assembly, TX), Andrew Maguire (D–NJ), and Tom Saw- pass resolutions in support of Yanukovych; Michelle continued her exemplary public serv- yer (D–OH)—traveled to Ukraine on July 25– teachers and agricultural workers given ice record by serving as a Jefferson County 31, 2004 to monitor presidential election cam- quotas to collect signatures for Yanukovych, commissioner. Currently she is the Chairman paign activities in the region. The commu- under threat to lose vacation time or jobs; of the Board of Commissioners and the Law nities visited were: Kupiansk, Merefa, and students pressured to distribute Yanukovych Vovchansk in the Kharkiv oblast; Chutove, Enforcement Authority Board. She also rep- literature; even patients have been threat- Dykanka and Karlivka in the Poltava oblast; resents the county on the Rocky Flats Coali- ened with discharge from hospitals and de- and Lebedyn, Okhtyrka and Trostianets in tion of Local Governments and the Urban the Sumy oblast. These former congressmen nial of medical services if they fail to sign Drainage and Flood Control District Board. were registered by the Central Election Com- and pledge to vote for Yanukovych. Michelle has been appointed as an alternate mission (CEC) of Ukraine and accorded all In every community the delegation visited, to the Denver Regional Council of Govern- the rights and privileges provided to foreign they were greeted with hope and anticipa- ments, the Jefferson Economic Council, and observers by Ukraine’s law on presidential tion of a brighter tomorrow. They welcomed elections. most recently the Intergovernmental Affairs contact with the wider world and were anx- Ukraine is a signatory of the Organization Steering Committee. for Security and Cooperation in Europe ious to host foreign visitors to show off their Mr. Speaker, it is clear that Michelle Law- (OSCE) and therefore welcomes inter- country and its potential. They deserve an rence has ceaselessly dedicated her time and national observers to help secure a free and opportunity to go to the polls and freely ex- efforts to serving her country and the people fair election. The congressmen’s election press their views and to be secure in the of Colorado as a Commissioner for Jefferson monitoring activities included meetings knowledge that all their votes are counted County. I am honored to bring her hard work with representatives of the main political accurately in accordance with the law of and commitment to the attention of this body parties, Ukrainian government officials, Ukraine. Central Election Committee, and U.S. offi- of Congress and this nation today. Thank you cials in Kyiv. In the regions, the congress- The delegation is a fact-finding mission for all your service, Michelle, and I wish you men met with local government officials, and will report its findings to Ukraine’s Cen- all the best in your future endeavors. representatives of NGOs, political parties, tral Election Commission, the U.S. Govern- f the media, and citizens, who shared their ment, European governments, international views and experiences of the political process organizations and the public through release HONORING THE BROOKSVILLE in their respective communities. to the mass media. The delegation does not EMERGENCY RESPONSE TEAM KEY FINDINGS OF THE FIRST DELEGATION TO support any candidate or political party and (BERT) THE KHARKIV, POLTAVA, AND SUMY OBLASTS is only interested in helping ensure that the Generally, in the communities visited, presidential election is free and fair. HON. GINNY BROWN-WAITE local officials were very cooperative and gen- Programming is organized by the U.S.– OF FLORIDA erously shared their time and opinions with Ukraine Foundation (USUF), in partnership IN THE HOUSE OF REPRESENTATIVES the delegation. Local officials provided space with the U.S. Association of Former Mem- for meetings and assisted in extending invi- Thursday, September 23, 2004 bers of Congress (USAFMC) and is funded by tations to representatives of political par- ties, media, and NGOs to meet with the dele- the United States Agency for International Ms. GINNY BROWN-WAITE of Florida. Mr. gation. The delegation does note, however, Development (USAID). Speaker, I rise to honor the members of the that there were occasions when opposition The Foundation’s second delegation trav- Brooksville Emergency Response Team, also parties were not informed of the meetings eled in August to the Cherkasy, Kyiv, and known as BERT. and, thus, were denied an opportunity to ex- Kirovohrad oblasts and also included parlia- In the wake of Hurricane Charley’s dev- press their views and have their respective mentarians from Spain and the Netherlands. astating visit to Florida, these remarkable indi- cases heard. The third delegation, comprised of congress- viduals answered the call of duty. On the In conversations with participants in the men and a former member of the German morning of August 14, 2004 at 6:45 a.m. these meetings attended and in conversations with ordinary Ukrainian citizens, the delegation Bundestag, traveled to the Kherson region BERT operatives sprung into action and was appalled to find that an overwhelming during the week of September 19–25, 2004 to began to rebuild areas of the Fifth Congres- number do not expect the outcome of the observe election campaign activities in the sional District left in shambles. Because of election to be fairly decided. Those that hold Kherson, Mykolayiv, and Zaporizhzhya their efforts, the communities of Poinciana, this view often reply that the outcome has oblasts. Caloose, Lake Village, Lake Wales, Bascon,

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.057 E24PT1 E1706 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 Highland Park, Frostproof, and Lake Hamilton Colorado’s First Lady is involved in many ment to take the Postal Service off-budget received relief at a critical time of need. The long-term projects that promote the great di- during the 1960s in an effort to stop congres- BERT team worked to reconstruct Poinciana’s versity and vibrant culture of Colorado. She sional attacks on the Postal Service. APWU is fire department and assisted with firefighting chairs the Colorado Commemorative Quarter an affiliate of the AFL–CIO, and Roy worked duties for the community. In addition, the team Advisory Commission for the design of Colo- closely with other labor leaders for the goals worked on debris clean-up, directed traffic, rado’s new quarter, which is planned for re- of this nation’s working men and women. and assisted in damage assessment activities lease in 2006. Frances has also been instru- Roy’s wife of 36 years, Marilyn, is also an throughout the area. In the end, the BERT mental in the privately funded renovation and APWU member, and they are the proud par- team accomplishments included 336 work restoration efforts of the Executive Residence, ents of two young men, Rick and Daniel. He hours removing trees from residences and which was originally constructed in 1908. has an A.A. Degree from Kinsborough Com- roadways; 14 hours traffic control; and deliv- Mr. Speaker, Frances Owens is a tremen- munity College in Brooklyn, New York, and a eries of 1,250 bags of ice, 450 cases of water dous asset to the State of Colorado. Her im- B.A. Degree from Richmond College in Staten and 150 prepared meals to hungry citizens. peccable record of dedication and service Island, New York. I would like to express my gratitude for the throughout her life is a high standard for any Roy will be retiring to the Phoenix, Arizona BERT team’s service. Their actions dem- public servant to match. Frances’ devotion to area where his sons are living. He plans to re- onstrated the dedication, selflessness, and the State of Colorado has advanced Colorado tain full APWU membership, and to become sacrifice of the human spirit that emerges from and certainly made it a better place to live and actively involved with the Phoenix Metro Area rubble of Mother Nature’s fury. I am proud to raise a family. I want to thank Frances for all Local (Arizona) and the Arizona Postal Work- represent the Fifth Congressional District of of her hard work, and I wish her all the best ers Union relating to legislative issues. He Florida, where members of the heroic in her future endeavors. also will be spending time traveling and relax- ing with family and friends. Brooksville Emergency Response Team call f home. f TRIBUTE TO ROY BRAUNSTEIN, f LEGISLATIVE DIRECTOR OF THE HONORING LATE REPRESENTA- PAYING TRIBUTE TO FRANCES AMERICAN POSTAL WORKERS TIVE WILLIAM NATCHER OWENS UNION, AFL–CIO HON. RON LEWIS HON. SCOTT McINNIS OF KENTUCKY HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES OF COLORADO OF NEW YORK Thursday, September 23, 2004 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. LEWIS of Kentucky. Mr. Speaker, I rise Thursday, September 23, 2004 Thursday, September 23, 2004 today to pay public tribute to a remarkable Mr. MCINNIS. Mr. Speaker, I rise today to Mrs. MALONEY. Mr. Speaker, I rise today man of this House, the late William Huston pay tribute to the First Lady of Colorado, to pay tribute to my friend, Roy Braunstein, Natcher, on the occasion of The Kentucky Mu- Frances Owens. Frances is a compassionate Legislative Director of the American Postal seum and Library’s opening of the William H. and intelligent woman whose dedication and Workers Union (APWU). Natcher Political Collection, a compilation of commitment to her family and fellow citizens is Roy was hired in June 1973 with the United artifacts from his storied life and career. renowned and unprecedented. Long before States Postal Service, and worked as both a Congressman Natcher served in this body, she became Colorado’s First Lady, Frances Distribution Clerk and CMU Clerk during his preceding me as representative of the Second was an education advocate for children and a postal career. He will retire on November 6, District of Kentucky, from August l, 1953 until dedicated servant to her fellow Coloradans. I 2004. his death on March 29, 1994, having cast an am honored to stand before this body of Con- The APWU has more than 300,000 mem- astonishing 18,401 consecutive votes, a gress and this nation to recognize her many bers in every city, town and hamlet in the record most historians believe will never be accomplishments. United States and is the world’s largest postal matched. Through the years, he earned a rep- Frances is a Colorado native, spending her union. Roy was first elected in 1980 as the utation as an exceptionally hardworking and childhood in Texas before returning to Colo- APWU Legislative Aide, and was elected Leg- honest public servant, becoming one of the rado to receive a degree in Art History from islative Director in 1992. He was elected nine most highly-respected and influential members the University of Colorado at Denver. She times by the APWU membership. of congress in recent memory. began campaigning for former Senator Bill Before he came to Washington, D.C. in As years passed and his congressional se- Armstrong in the late 1970’s and served as 1960, Roy was active in the New Jersey niority increased, Natcher received several im- the Associate Director of the Colorado Council Shore Area Local where he served as Legisla- portant committee appointments, namely with- on Economic Education. Frances, who is mar- tive Director and Shop Steward. He was also in the powerful House Appropriations Com- ried to current Governor Bill Owens for twenty- the New Jersey State APWU Legislative Di- mittee. From 1961 to 1979, he chaired the Ap- nine years, has three children: Monica, Mark, rector and Editor. He served in community af- propriations District of Columbia sub- and Brett. She is actively involved in her chil- fairs as a member of the Barnegat, New Jer- committee, exercising control over spending in dren’s academic careers. sey Board of Education for three years and as the Nation’s capital. He later moved on to On January 12, 1999, Frances became the a member of the Ocean County New Jersey chair the subcommittee on labor, health and First Lady of Colorado, where she has made Mental Health Board. human services, influencing major legislation important strides for Colorado in public service In Washington, Roy served as a lobbyist for to advance education and promote public wel- by actively volunteering her time to various the APWU and has worked on a number of fare throughout the 1980’s. He was elected charitable projects and organizations through- issues important to the membership. During Chairman of the full House Appropriations out the state and by serving on boards such his tenure at the APWU, Roy worked to se- Committee in 1992, a position he held until his as the Children’s Hospital Cardiac Care Cen- cure passage of the Hatch Act, legislation death in 1994. ter, and the Colorado Opera. Frances is a granting greater political freedom for postal Congressman Natcher became a legend not dedicated advocate for children; her involve- and federal employees. Roy also played a key only for his effectiveness as a legislator but for ment crosses into many arenas, including sup- role in the eight year battle for the Family and his uncompromising dedication to the respon- port of Recording for the Blind and Dyslexic, Medical Leave Act which President Clinton sibilities of public service. Not only did he cast Samaritan’s Purse-Operation Christmas Child, signed into law in 1993. an unbroken chain of roll call votes over a 41- Make-A-Wish Foundation, and the Colorado Over the years, Roy worked diligently to year career, he also exercised a sincere rev- Historical Society. Frances currently serves as help win passage of the Federal Employees erence for the opinions of his constituents, the Honorary Chair for Early Childhood Inter- Retirement System Act, the Spouse Equity personally reading and responding to his own vention Awareness Day, where she continues Act, the Postal Employees Safety Enhance- mail. Though he attained a position of national to champion important issues for Colorado’s ment Act, the Veterans Employment Oppor- influence, he maintained a modest, respon- children. Frances widely promotes literacy and tunity Act, and many other legislative initiates sible lifestyle, never accepting political con- children’s programs like the annual Easter Egg to help working families. tributions, driving himself to and from work in Roll. Her latest honor, given by the Republican Roy fought to protect the viability of the his aged Chevrolet. He was a model citizen- Women Leadership Forum, was their Humani- Postal Service. He was a leader in the fight legislator worthy of an honored place in our tarian Award for civic involvement. against Postal Privatization, and the move- Nation’s history.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.060 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1707 After several years of processing, the Wil- TRIBUTE TO THE 100TH ANNIVER- and abiding sense of professionalism. As his liam H. Natcher Political Collection will open to SARY OF THE STOUGHTON HOS- family and friends mourn this loss, I believe it the public Friday, October 1, 2004, at the Ken- PITAL is appropriate to remember Bob and pay trib- tucky Library and Museum on the campus of ute to him for his contributions to the state of Western Kentucky University. The collection HON. TAMMY BALDWIN Colorado. will display volumes of correspondences, pho- OF WISCONSIN Bob worked for the University of Colorado for nineteen years, most recently as the As- tographs, awards and memorabilia, accumu- IN THE HOUSE OF REPRESENTATIVES lated throughout Congressman Natcher’s dis- sistant Vice President of Institutional Rela- tinguished life and career. Thursday, September 23, 2004 tions. He was an effective and professional I would like to extend the collective gratitude Ms. BALDWIN. Mr. Speaker, I rise today to communicator who passionately worked to of the U.S. House of Representatives to the honor the 100th anniversary of the Stoughton build an understanding of the University of Natcher Family and Western Kentucky Univer- Hospital located in Stoughton, Wisconsin. Colorado’s mission and its educational con- sity for assembling a collection that will allow Since 1904, Stoughton Hospital has provided tributions to the state. future generations to appreciate and learn high quality individual healthcare to the people However, Bob’s legacy reaches far beyond from Congressman Natcher’s exceptional life. of Stoughton and the surrounding commu- the University of Colorado. He was a multital- f nities. ented individual who had a diverse career Stoughton Hospital was founded by Dr. Mi- working as a consultant to the cast of The PAYING TRIBUTE TO PETE chael Iverson in 1904 as the Stoughton Sur- Lives of the Rich and Famous in Europe; as LARSON gical Hospital. The hospital was purchased by an assistant editor in the reference book divi- the city in 1924 upon Dr. Iverson’s retirement. sion of Thomas Y. Crowell Publishing Com- HON. SCOTT McINNIS Over the years, the hospital has seen many pany; and as the West Coast Bureau chief for OF COLORADO renovations and improvements, but Stoughton the New York Herald. Earlier in his career, IN THE HOUSE OF REPRESENTATIVES Hospital’s core values have remained the Bob served as an oral historian at the Amer- Thursday, September 23, 2004 same. The Norwegian born and educated Dr. ican Film Institute and was the Director of Iverson was committed to a small hospital that Communications at UCLA’s Graduate School Mr. MCINNIS. Mr. Speaker, it is with a offered personalized care to each of its pa- of Management. heavy heart that I rise to mourn the death of tients. Today, a century later, Stoughton Hos- Mr. Speaker, we are all terribly saddened by Pete Larson, who was killed in an all-terrain- pital is still firmly committed to that same phi- the loss of Bob Nero, though take comfort in vehicle accident while conducting land health losophy. the knowledge that our grief is overshadowed assessments for the Bureau of Land Manage- The hospital offers a variety of services to only by the legacy of dedication that Bob has ment near Grand Junction, Colorado. Pete the community in its facility that include an ur- left with us. I am honored to pay tribute to was an active, enthusiastic individual, who gent care complex, intensive care unit, med- such a devoted public servant, one who has loved his job and was a loyal friend to Colo- ical and surgical inpatient units and both out- given many years in service to the state of rado’s Western Slope. I am honored to stand patient surgery and rehabilitation facilities. At Colorado. I know that many throughout our here today before this body of Congress and Stoughton Hospital, state-of-the-art care is state who had the chance to benefit from his this nation to celebrate his life and recognize provided for each patient. In addition to pro- experience and dedication will miss Bob Nero. his many accomplishments. viding care for community members, the hos- My thoughts and prayers go out to his family Pete married Rita Graham in 1966, and they pital also meets the needs of the community during this time of bereavement. raised their family in Grand Junction, where by offering community education courses and f Pete was very active in the community. He service programs. TRIBUTE TO REPRESENTATIVE taught science for twenty-nine years at Grand Today, I proudly join the Stoughton Hospital LINDY BOGGS Junction High School where his natural curi- staff and volunteers, residents of Stoughton osity and wide-ranging interests allowed him and the surrounding communities in cele- to connect with students of every personality. brating Stoughton Hospital’s 100 years of HON. JOHN B. LARSON His students recall his enthusiasm for explain- quality healthcare and personalized service. OF CONNECTICUT ing chemistry, physics, biology and botany to f IN THE HOUSE OF REPRESENTATIVES generations of Grand Junction students. Pete was always ready to help a friend or PERSONAL EXPLANATION Thursday, September 23, 2004 a stranger and willingly shared his knowledge Mr. LARSON of Connecticut. Mr. Speaker, I of the environment. He knew its plants and its HON. LUIS V. GUTIERREZ rise today to congratulate the former Rep- animal inhabitants, its soils and its water, its resentative and Ambassador Corrine Clai- OF ILLINOIS weather and its moods. Pete’s love of the land borne ‘‘Lindy’’ Boggs on the acceptance of her IN THE HOUSE OF REPRESENTATIVES and the people of Mesa County led him to portrait into the House collection. While I did continue his service to others as he worked to Thursday, September 23, 2004 not have the pleasure of serving with Lindy combat tamarisk while working at the Colo- Mr. GUTIERREZ. Mr. Speaker, on Sep- Boggs, I am a great admirer of hers. Her rado National Monument. He was instrumental tember 13, 2004, and September 21, 2004, I Southern charm is infamous. Her legislative in creating the Tamarisk Coalition and served was unavoidably absent from this Chamber. I and political knowledge is vast. As a champion on their board of directors. After ten years of would like the RECORD to show that, had I of education, women’s issues, and civil rights, dedication to the National Park Service, Pete been present, I would have voted ‘‘yea’’ on her accomplishments are many and need not took a job as a biological technician for the rollcall votes 441, 442, 443, 457, 458, 459, be enumerated. Indeed, it is impossible not to Bureau of Land Management (BLM) field of- and 460. admire, to like, and to respect Lindy Boggs, as fice in Grand Junction where he worked for f we are all beneficiaries of her advocacy. three years before his unfortunate accident on However, I do want to highlight that she August 2, 2004. PAYING TRIBUTE TO BOB NERO shared my commitment to this institution and Mr. Speaker, I am honored to call the atten- a love of history. Lindy Boggs believed that a tion of this body of Congress to the life of Pete HON. SCOTT McINNIS recorded history was important and helped Larson. He always had a bright outlook on life OF COLORADO Americans understand the institution of Con- and his curiosity and love of learning inspired IN THE HOUSE OF REPRESENTATIVES gress and the House. She successfully those who knew him. The Grand Junction worked to establish the Office of the Historian community and the State of Colorado are a Thursday, September 23, 2004 in the House, which was created to collect, better place as the result of his many contribu- Mr. MCINNIS. Mr. Speaker, it is with a preserve, and interpret the documents of the tions. Pete was a great man who dedicated heavy heart that I rise to mourn the passing of House for Congress, the public and the press. his life to helping others, and I know that he Bob Nero from my home state of Colorado. In addition, she chaired the Joint Committee will be sorely missed. My thoughts and pray- Bob, who recently retired as the head of Pub- on Bicentennial Arrangements. It is also note- ers go out to his wife Rita, his two daughters lic Relations for the University of Colorado worthy that she served on my Committee, the Kristen Kasel and Kari Larson, and his son system, passed away at the age of fifty-nine Committee on House Administration, before Tor Larson at this difficult time of bereave- after battling pancreatic cancer. He was taking a seat on the Committee on Appropria- ment. known for his fun-loving nature, excellent wit, tions.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.063 E24PT1 E1708 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 As an ex-officio member of the House Fine cause of their contributions. I thank them for other administrators, teachers, support per- Arts Board, which serves as the clearinghouse their dedication and service to the people of sonnel, and the 25,000 residents and parents for donations of House-related works of art, Maine, and commend them for this most re- of the school district should all be proud of the furniture and artifacts, I am pleased to support cent award. lasting contribution they have made in shaping the acceptance of the portrait of Lindy Boggs f the lives of the young people in the Jackson by the House. I would also like to acknowl- area. edge Jan Schoonmaker and his efforts with PAYING TRIBUTE TO DON Northwest School District is one of Jackson the Lindy Boggs Portrait Committee in making SHEPPARD County’s largest school districts, and was es- this project a reality. This House has pre- tablished in 1954 when nineteen tiny districts viously recognized the many contributions of HON. SCOTT McINNIS consolidated to become Northwest Rural Agri- Mrs. Boggs by naming a room in the Capitol OF COLORADO cultural Schools. By the time R. Willard Kidder in honor of her, and I think it is only fitting that IN THE HOUSE OF REPRESENTATIVES became superintendent in 1955, more than 1100 students were enrolled in the district, the portrait will be hung in The Corrine Clai- Thursday, September 23, 2004 borne Boggs Room. and were transported to 23 buildings on nine Therefore, I urge my colleagues to join me Mr. MCINNIS. Mr. Speaker, I rise today to buses. The next year, the school’s student in congratulating former Representative and pay tribute to Don Sheppard, a dedicated Col- council chose the Mounties as the district’s Ambassador Lindy Boggs on her receipt of orado State Patrol Officer from Cortez, Colo- mascot, a name which was taken from the this honor. rado who recently retired after twenty-one Royal Canadian Mounted Police, symbolizing f years of service to the people of my state. His fairness, devotion, duty, and exemplary serv- hard work and love for protecting his commu- ice. It was also at this time that red and black REGARDING CARY MEDICAL nity over the years serves as a shining exam- were adopted as the official school colors. CENTER ple of the character of our nation’s law en- Mr. Kidder took over as Northwest’s super- forcement officers. It is my privilege to stand intendent in 1956 when the original super- HON. MICHAEL H. MICHAUD before this body of Congress and this nation intendent, Dr. Warran Randall, accepted a po- OF MAINE today to recognize the career of Don sition in Hudson. Under Kidder’s leadership, IN THE HOUSE OF REPRESENTATIVES Sheppard. the school grew, the Northwest Junior-Senior Don has compiled an impressive record in Thursday, September 23, 2004 High School, now R.W. Kidder Middle School, helping others. During Vietnam, he served in opened for students in grades five through Mr. MICHAUD. Mr. Speaker, I rise today to the U.S. Air Force as a communications spe- nine in 1956. Enrollment continued to grow, congratulate the Cary Medical Center not only cialist working with computers and cryptog- and peaked at 4,200 when Mr. Kidder retired for 80 years of community health care serv- raphy. In 1979, he joined the Montezuma in 1972. In 1960, Flora List Elementary School ices to Aroostook County but for receiving the County Sheriff’s office and then the Dolores opened for 700 students in kindergarten National Job Corps Association’s 2004 Alpha County Sheriff’s office. He attended the Colo- through sixth grade, and three years later, Award in the Community Category. rado State Patrol Academy in 1983, and upon Parnall Elementary School opened on Lansing The Cary Medical Center has played a completion was assigned to the Cortez office Avenue to accommodate another 900 stu- unique and integral role in providing health of Troop 5A where he has served for twenty- dents. In 1966, Mr. Kidder hired Mr. Joe services to the communities in Northern one years. Koziol to teach driver’s education, and Mr. Maine. The Cary Medical Center offers a vari- Don has received many accolades through- Koziol continued to serve the district for nearly ety of excellent services to the people of out his law enforcement career for his profes- four more decades as assistant principal in the Aroostook County. Its dietary department is sional and courteous service. He was an ac- 1970’s and then as the district’s super- one of the best in the country. Cary also has tive, hard working officer who was responsible intendent from 1998 till 2002. established itself as a leader in Community for removing more drunk drivers from the On behalf of the United States Congress, it Health Education and Disease Prevention pro- roads that any other trooper in 5A. He still is with great pleasure that I rise today to ex- grams. holds the DUI arrest record for his area, nine- tend our highest praise and congratulations to The Cary Medical Center also has superior ty-one in a single year. the Northwest School District for its awards veterans’ services. The VA outpatient clinic Mr. Speaker, Don Sheppard has dedicated and academic honors as it marks the 50th an- was the first facility of its type in the nation, his career to ensuring the safety and well niversary of its founding. providing outpatient medical care for Aroos- being of Colorado citizens. His presence in the f took veterans since 1987. It has over 6,000 continuing efforts to fight drunk driving are es- patient visits per year. pecially commendable given that he has taken COMMEMORATING THE OPENING The Cary Medical Center has been recog- time away from his family and friends to face OF THE NATIONAL MUSEUM OF nized by many organizations for its excellent uncertain danger and unpredictable con- THE AMERICAN INDIAN service. In 1998, Cary Medical Center earned sequences. I am honored to stand here before Accreditation with Commendation from the this body and recognize the efforts of such an HON. RON KIND Joint Commission on Accreditation of Health industrious public servant who will be sorely OF WISCONSIN Care Organizations, the highest rating attain- missed in Colorado. Good luck in your retire- IN THE HOUSE OF REPRESENTATIVES able, placing Cary among the top 15 percent ment Don, and I wish you all the best in your Thursday, September 23, 2004 of hospitals in the nation in reference to na- future endeavors. tionally established guidelines on quality pa- f Mr. KIND. Mr. Speaker, I rise today as a tient care. proud member of the House Native American More recently, the Center received the Na- A TRIBUTE IN HONOR OF NORTH- Caucus, to celebrate the opening of the Na- tional Job Corps Association’s 2004 Alpha WEST COMMUNITY SCHOOL DIS- tional Museum of the American Indian. Award in the Community Category. This is an TRICT AS IT CELEBRATES THE I also extend a warm welcome to the mem- extraordinary achievement: Cary Medical Cen- 50TH ANNIVERSARY OF ITS bers from Wisconsin’s seven tribes: the Onei- ter will be one of 6 winners out of 107 national FOUNDING IN JACKSON, MICHI- da, Ojibwe, Ho Chunk, Stockbridge-Munsee, nominations. The Alfa Award is given to indi- GAN Menominee, Brothertown, and Potawatomi viduals, organizations and employers who are who have traveled to Washington, D.C. this dedicated to helping Job Corps students. CMC HON. NICK SMITH week. They join the nearly twenty-thousand manages the Certified Nurses Assistant pro- OF MICHIGAN Native Americans, representing the nearly gram for the Loring Job Corps. The hospital IN THE HOUSE OF REPRESENTATIVES five-hundred state and federally recognized provides both classroom and clinical instruc- tribes, who have gathered here to celebrate tion for students who select the vocation. Thursday, September 23, 2004 the opening of the museum in the largest tribal Beyond excellent programs and the highest Mr. SMITH of Michigan. Mr. Speaker, I rise gathering in our nation’s history. honors, perhaps the greatest achievement of today to congratulate Northwest Community After 15 years of planning and five years of all is the duration of service CMC has given to School District in Jackson, Michigan as it cele- construction, the National Museum of the the community of Aroostook County. 80 years brates fifty years of educational excellence in American Indian celebrates the traditions, di- is a very long time to be serving people, and the Jackson community. Our current super- versity and vitality of America’s first people. Northern Maine is surely a better place be- intendent, Dennis Desmarais, as well as the Located within reach of the Capitol dome on

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.068 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1709 the National Mall, the museum focuses on the IN RECOGNITION OF MARTHA In its efforts to provide a valuable learning art, history and culture of Native Americans. ‘‘MARTI’’ YOUNG OF ROSEBURG, experience to its student body, Wheeling Jes- OREGON The museum’s impressive design and ex- uit created the Appalachian Institute. The Insti- tute serves as a vehicle to expose students to tensive exhibits were developed in close con- the issues most important to the surrounding sultation with nearly 150 communities from HON. PETER A. DeFAZIO OF OREGON Appalachian region. It is through service op- Central and South America, the Caribbean, IN THE HOUSE OF REPRESENTATIVES portunities developed by the Institute that stu- Canada and the United States. Thursday, September 23, 2004 dents are able to apply their understanding The pieces in the collection of eight-hundred from the classroom to situations real in the and fifty thousand items represent a ‘living his- Mr. DEFAZIO. Mr. Speaker, I rise today to world. recognize and to congratulate Martha ‘‘Marti’’ tory’ that will take visitors on a journey from Additionally, students attending Wheeling Young of Roseburg, Oregon. The Oregon past to present, and show that Native Ameri- Jesuit are afforded an array of opportunities to Commission for Women selected Ms. Young participate in public service projects. These cans continue to make vital contributions to as one of the 2004 Women of Achievement. contemporary American culture and art. activities include a semester-long hunger and She will be honored on Saturday, October homelessness awareness program to educate The National Museum of the American In- 2nd, at the 20th Annual Women of Achieve- students of the problems plaguing the local dian, with its graceful architecture and soaring ment Awards Dinner for her determined advo- and global community; and the Appalachian atrium sited on the country’s most ceremonial cacy, intelligent leadership, and inspired vision Experience Club, which sponsors work experi- ground is a long-overdue recognition of the on behalf of low income Oregonians. ences in rural West Virginia throughout the many contributions made by tribe members. I Marti Young has an impressive record of academic year. encourage all Americans to join me in hon- public service, with over thirty years of active This small college, by steadfastly adhering oring them by experiencing the museum and participation. Wherever there has been inno- to its principles, continues to impact local, na- vation, progress, and development in human learning more about their heritage. tional, and global communities. Through an services in Oregon, she has been in the front emphasis on academic excellence the college ranks. She has been an unstoppable advo- f has graduated thousands of students to pur- cate, mobilizing resources and providing serv- sue careers in health care, law, business, edu- PAYING TRIBUTE TO TED ices to alleviate poverty and enhance the qual- cation, and the arts. Residing in our nation’s STRICKLAND ity of life for the poor, the elderly, and people 50 states and 147 nations abroad, Wheeling with disabilities. Jesuit Alumni typify the lifestyle of selfless- Marti Young gets things done—and done ness, achievement, and service that this insti- well. She has worked with the low income HON. SCOTT McINNIS tution instilled in them years ago. community and community partners to estab- Mr. Speaker, I ask that you and my col- OF COLORADO lish Head Start programs, a child care center leagues join me in honoring and congratu- for low income families, a school lunch pro- IN THE HOUSE OF REPRESENTATIVES lating Wheeling Jesuit University for cele- gram, and an emergency food bank, an en- brating their 50th anniversary. Over the years Thursday, September 23, 2004 ergy assistance program, transportation serv- Wheeling Jesuit has provided unsurpassed ices, shelter programs, and other resources support and guidance to its students and the Mr. MCINNIS. Mr. Speaker, I would like to and opportunities vital to the health and well- take this opportunity to pay tribute to Ted Appalachian community, and will continue to being of Douglas County. impact the lives of its students and the com- Strickland and thank him for his exceptional The world is full of heroes like Marti Young, munity through its charitable contributions and contributions to his community and the State working every day to make the world a better commitment to public service. of Colorado as an Adams County Commis- place. I am pleased to offer her the heartfelt sioner. A two term county commissioner, Ted congratulations and warm thanks she so richly f is a dedicated public servant and leader in his merits. PAYING TRIBUTE TO CHERYL community, and I am honored to recognize his f OLSON accomplishments before this body of Con- IN HONOR OF WHEELING JESUIT gress and this Nation today. UNIVERSITY’S 50TH ANNIVERSARY HON. SCOTT McINNIS Ted was born in Austin, Texas and moved OF COLORADO to Colorado in 1954 after serving in the Army. HON. TIM MURPHY IN THE HOUSE OF REPRESENTATIVES He began working as Vice President of Petro- OF PENNSYLVANIA Thursday, September 23, 2004 leum Information before his 1966 election to IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, I would like to the Colorado State House of Representatives. Thursday, September 23, 2004 take this opportunity to pay tribute to Cheryl Two years later he was elected to the Colo- Mr. MURPHY. Mr. Speaker, as an alumni it Olson and thank her for her exceptional con- rado State Senate in 1968 and served twenty- is an honor for me to rise today to recognize tributions to her community and the State of four years, including twelve as the President and commemorate Wheeling Jesuit University Colorado as a Larimer County Commissioner. of the Senate. Ted also served as Lieutenant as this institution of higher learning celebrates A two-term commissioner, Cheryl is a dedi- Governor of Colorado from 1973 to 1975. In its 50th anniversary. cated public servant and leader in her commu- 1996, he was elected to the Board of Commis- In 1954 the Catholic Diocese of Wheeling- nity, and I am honored to recognize her ac- sioners of Adams County where he has dedi- Charleston and the Society of Jesus of the complishments before this body of Congress cated his efforts to serving the people of Maryland Province forged a partnership to es- and this Nation today. Adams County. Ted currently serves on the tablish the only Catholic university in West Vir- As a lifelong resident of Fort Collins, Colo- E–470 Public Highway and Front Range Air- ginia. Since its first class of 90 students and rado, Cheryl attended Fort Collins High School port Authority Boards and is the alternate rep- 12 Jesuits, Wheeling Jesuit has grown to in- and earned her bachelor’s degree from the resentative to the Denver Regional Council of clude over 1,000 students and five graduate Colorado State University. After graduation Governments, the Adams County Economic programs. Cheryl worked at various organizations includ- Development and Adams County Water Asso- As one of our nation’s youngest Jesuit insti- ing: James Johnson & Son, Inc., The Group, ciation. tutions, Wheeling Jesuit practices and teaches Inc., and Commercial Investment Team, Inc. the Ignation tradition of faith, worship, and She began her public service career in 1996, Mr. Speaker, it is clear that Ted Strickland service. Students at WJU learn to incorporate when she was elected to the Board of Com- has ceaselessly dedicated his time and efforts these principles into their daily lives. Today we missioners of Larimer County where she has to serving his country and the people of Colo- may witness the continuation of this tradition dedicated her efforts to serving the people of rado as an Adams County Commissioner. I among the younger classes which exemplify a Larimer County. Cheryl served as Chair of the am honored to bring his hard work and com- lifestyle of hard work and achievement. Board from 1998 to 2001. Some of the addi- mitment to the attention of this body of Con- Wheeling Jesuit University alumni are con- tional boards and commissions Cheryl served gress and this nation today. Thank you for all stantly challenging themselves and others to on include: the Larimer Center for Mental your service, Ted, and I wish you all the best move at full speed towards perfection in serv- Health, the Colorado State University’s Presi- in your future endeavors. ice to their community and the Lord. dent’s Community Relations Committee, and

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.072 E24PT1 E1710 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 the Larimer County Department of Human operation and common interests. It is the re- amount of hazardous waste that is transported Services Children and Family Services Divi- gion’s premier forum for multilateral dialogue through Boulder. sion. She was also chairman of the Colorado and action. At the core of the OAS mission is After leaving the General Assembly, Sandy Counties, Inc. Land Use and Natural Re- the belief in, and commitment to, democracy. continued his exemplary public service record sources committee, and the joint Colorado Since the end of the Cold War, the OAS mem- by serving as a Boulder County commissioner Municipal League Growth subcommittee. ber states have signified their cooperation by from 1991–1994, and the Boulder County Mr. Speaker, it is clear that Cheryl Olson working to promote peace and human under- Treasurer from 1995–2002. Currently he is has ceaselessly dedicated her time and efforts standing; strengthen security; expand trade; serving as the Boulder Public Trustee, a post to serving her country and the people of Colo- and promote human rights. that he was appointed to in 2003 by Colorado rado as a County Commissioner for Larimer A recognized world leader and economist, Governor Bill Owens. In his spare time, he County. I am honored to bring her hard work Dr. Rodriguez has served in many key leader- serves on the Advisory Board of the Colorado and commitment to the attention of this body ship positions. Prior to assuming the Presi- Commission for Higher Education, and is an of Congress and this nation today. Thank you dency of Costa Rica in 1998, he was Presi- accomplished photographer. for all your service, Cheryl, and I wish you all dent, and before that, Vice President of the Mr. Speaker, it is clear that Sandy Hume the best in your future endeavors. Christian Democrat Organization of America. has ceaselessly dedicated his time and efforts f He was President of the Legislative Assembly to serving his country and the people of Colo- of the Republic of Costa Rica and a Con- rado as an Adams County Commissioner. I IN RECOGNITION OF THE NA- gressman of the Legislative Assembly of the am honored to bring his hard work and com- TIONAL HISPANIC CONTRACTORS Republic of Costa Rica. A professor at the mitment to the attention of this body of Con- ASSOCIATION’S 2ND ANNUAL Universidad Autonoma de Centro America, he gress and this nation today. Thank you for all CONFERENCE has published extensively on the subjects of your service, Sandy, and I wish you all the democracy; market and social welfare policy. best in your future endeavors. HON. CIRO D. RODRIGUEZ Dr. Rodriguez received a B.Sc. in Econom- f OF TEXAS ics and Social Sciences and a BS in Law from RECOGNIZING THE CATHOLIC SO- IN THE HOUSE OF REPRESENTATIVES the Universidad de Costa Rica. He also earned an M.A. and Ph.D. in Economics from CIAL SERVICES FOR 25 YEARS Thursday, September 23, 2004 the University of California at Berkeley. OF COMMITTED SERVICE TO Mr. RODRIGUEZ. Mr. Speaker, I want to I have had the honor of working with Dr. GOD’S PEOPLE recognize the gathering of the National His- Rodriguez to resolve outstanding issues that panic Contractors Association at their 2nd An- would enable Costa Rica to participate in the HON. MADELEINE Z. BORDALLO nual Conference entitled ‘‘Framing the Future: Tropical Forest Conservation Act. I authored OF GUAM Diversity Builds the American Dream’’. this legislation, which is designed to protect IN THE HOUSE OF REPRESENTATIVES The Conference will take place on Sep- the world’s most endangered tropical forests Thursday, September 23, 2004 tember 23rd and 24th, 2004 at the Greater using market-oriented debt-for-nature mecha- Fort Lauderdale Broward County Convention nisms. I know him to be a thoughtful and fair Ms. BORDALLO. Mr. Speaker, I want to Center located in Fort Lauderdale, Florida. person, and a friend of the United States. honor the Catholic Social Services (CSS) for With more than 150,000 Hispanic contractors I join my colleagues in congratulating Dr. 25 years of committed service to the people of in our nation, the Association will host many of Rodriguez on assuming the position of Sec- Guam. For over two decades, the CSS has re- them during this conference. retary General. We look forward to working sponded to the needs of our island community One of the panel discussions will focus on with him in his new position. through housing, health care, nutritional and other support programs for the elderly and dis- safety in the workforce. The rate of workplace f injuries for Hispanics is disproportionately advantaged in our community. In doing so, it high. Hispanic workers, who comprise 12 per- PAYING TRIBUTE TO SANDY HUME has fulfilled its mission to encourage the de- cent of the U.S. labor force, experienced 15 velopment of the spiritual, intellectual, eco- percent of the fatal occupational injuries in HON. SCOTT McINNIS nomic, and social well-being of those in need 2003. Eight hundred forty Hispanic workers OF COLORADO while respecting the dignity of each individual. died from workplace injuries in 2003. I com- IN THE HOUSE OF REPRESENTATIVES Founded by Fr. David I.A. Quitugua with the mend the USHCA for discussing this important assistance of Judge Ramon Diaz and the late Thursday, September 23, 2004 subject. Archbishop Felixberto C. Flores, the Catholic The U.S. Hispanic Contractors Association Mr. MCINNIS. Mr. Speaker, I would like to Social Services opened its doors on Sep- is a 501(c)(3) non-profit organization dedicated take this opportunity to pay tribute to Sandy tember 12, 1979 in Agana, Guam. From its to providing the support necessary for the ad- Hume and thank him for his exceptional con- first programs, the residential Drug Treatment vancement, advocacy, and economic growth, tributions to his community and the State of Center and the Migration and Refugee Office and full participation of Hispanic-owned busi- Colorado as an Adams County Commissioner. to the many programs they currently admin- nesses in all areas of contracting and procure- As a public official since 1983, Sandy is a ister, the Catholic Social Services continues to ment contracts. dedicated public servant and leader in his expand to meet the growing needs of our f community and I am honored to recognize his community. Programs such as the In-Home accomplishments before this body of Con- Services Program have provided much need- CONGRATULATING DR. MIGUEL gress and this Nation today. ed respite and support services for caretakers ANGEL RODRIGUEZ AS HE IS IN- A lifelong resident of Boulder, Colorado, of the elderly and to elderly individuals without STALLED AS SECRETARY GEN- Sandy attended Boulder High School and caretakers. Other programs, including the Alee ERAL OF THE ORGANIZATION OF went on to earn both a bachelor’s and masters Shelters and Guma Sagrada Familia, have AMERICAN STATES degree from the University of Colorado. After provided a safe haven for victims of abuse es- a short period of serving with the Army, Sandy pecially women, children, the elderly and HON. ROB PORTMAN became a self-employed photographer. Sandy adults with disabilities. The Guma San Jose OF OHIO began his public service career when he was shelters and the Liheng Transitional Housing IN THE HOUSE OF REPRESENTATIVES elected to the State House of Representatives Program provide shelter to homeless individ- in 1983, and reelected in 1985, and 1987. His uals and families as well as assistance in ob- Thursday, September 23, 2004 strength as a legislator led to his 1989 election taining permanent housing. The Caridad pro- Mr. PORTMAN. Mr. Speaker, I rise to honor to the Colorado State Senate. Serving the grams provide much needed assistance to my friend, Dr. Miguel Angel Rodriguez, the people of Boulder County in District 13, Sandy children and adults with special needs. distinguished former President of Costa Rica, has long been an advocate of education, effi- The accomplishments of the Catholic Social who today will be formally installed as Sec- cient transportation, and management of our Services over the last 25 years would not retary General of the Organization of Amer- energy and natural resources. During his ten- have been possible without the work of dedi- ican States (OAS). ure in the House he served as a member of cated staff and volunteers, past and present. Combining a shared vision for the Americas, the Education and Transportation and Energy I want to commend each of them for their the OAS brings together a number of nations committees where he was able to work on commitment to serving the less fortunate in of the Western Hemisphere to strengthen co- higher education bills and regulating the our community. I would also like to commend

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.076 E24PT1 September 24, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E1711 the leadership of CSS over the years, Fr. Well, that’s what we’re stuck with. Do you one supreme court.’’ The laundry list of areas David Quitugua, Sr. Anita, Mrs. Cerila M. know why my colleagues decided to strip this which the federal courts have the power to Rapadas, and Sr. Callista Camacho, R.S.M. much-needed money out of the bill? Because hear and decide under Section 2 of Article III, Together they have brought hope to those in the authorization bill hasn’t passed. Well, establishes the doctrine of the ‘‘separation of need. whose fault is that? powers.’’ I want to recognize Archbishop Anthony S. So I support Mr. OBEY’s efforts to restore For over 50 years, the federal courts have Apuron and the Archdiocese of Agana for the the transit funding to the transportation bill be- played a central role in the interpretation and continued support of the mission of the Catho- fore us here today. I’ll vote for final passage, enforcement of civil rights laws. Bills such as lic Social Services. Furthermore, I would also because I hope that all of this absurdity will be H.R. 2028 and H.R. 3313, the Marriage Pro- like to recognize the generosity of the donors remedied in the conference report because, tection Act—bills to prevent the courts from and benefactors of the Catholic Social Serv- frankly, my constituents don’t care about this exercising their Article III functions only mask ices. Their contributions have made it possible political wrangling. They care about the trans- discrimination. for CSS to continue its work and I encourage portation crunch across our country, they care We cannot allow bad legislation such as this their continued support. about congestion in Denver and they care to pass in the House. In the 1970s, some I want to congratulate the Catholic Social about real solutions. I will continue to fight members of Congress unsuccessfully sought Services on their 25th Anniversary. Although I against this political posturing and for the real to strip the courts of jurisdiction to hear deseg- cannot be with them as they celebrate the oc- solutions that will get traffic flowing again in regation efforts such as busing, which would casion, I want to thank them for their service my district and across this nation. have perpetuated racial inequality. to our people and wish them continued suc- f At the height of anti-immigration sentiments in 1996, Congress succeeded in enacting im- cess. Un Dangkulu na Si Yu’os Ma’ase! PLEDGE PROTECTION ACT OF 2004 f migration laws that stripped federal courts of SPEECH OF the ability to hear appeals by legal immigrants TRANSPORTATION, TREASURY, who sought to challenge the harsh deportation AND INDEPENDENT AGENCIES HON. SHEILA JACKSON-LEE laws that were on the books. Some of these APPROPRIATIONS ACT, 2005 OF TEXAS laws were so extreme that the Supreme Court IN THE HOUSE OF REPRESENTATIVES ultimately weighed in and struck them down SPEECH OF Thursday, September 9, 2004 as unconstitutional. As Ranking Member of the HON. DIANA DeGETTE The House in Committee of the Whole House Judiciary Subcommittee on Immigration OF COLORADO House on the State of the Union had under and Claims, I recognize the importance of the consideration the bill (H.R. 2028) to amend Supreme Court’s role in ensuring that funda- IN THE HOUSE OF REPRESENTATIVES title 28, United States Code, with respect to mental fairness remains the hallmark of the Wednesday, September 22, 2004 the jurisdiction of Federal courts inferior to American legal and judicial system. the Supreme Court over certain cases and The House in Committee of the Whole Minority groups enjoy the freedoms that controversies involving the Pledge of Alle- House on the State of the Union had under they now enjoy today because of the wisdom giance: consideration the bill (H.R. 5025) making ap- Ms. JACKSON-LEE of Texas. Mr. Chair- of the Supreme Court. By passing legislation propriations for the Departments of Trans- such as H.R. 2028 and H.R. 3313, Congress portation and Treasury, and independent man, I rise in strong opposition to the Pledge Protection Act of 2003, H.R. 2028. The opera- will set a dangerous precedent that will leave agencies for the fiscal year ending Sep- many Americans vulnerable to discrimination tember 30, 2005, and for other purposes: tive language of H.R. 2028 is contained in a single provision—Section 2(a): and disparate treatment. Ms. DEGETTE. Mr. Chairman, I voted in The denial of a federal forum for plaintiffs to strong support of the Motion to Recommit [n]o court created by an Act of Congress shall have any jurisdiction, and the Supreme vindicate their Constitutional rights would pre- sponsored by Representative DAVID OBEY and Court shall have no appellate jurisdiction, to clude a body specifically suited for the anal- in reluctant support for final passage of H.R. hear or decide any question pertaining to the ysis of federal interests from doing what it has 5025, the Transportation and Treasury Appro- interpretation of, or the validity under the been created to do under the Constitution. priations Act for Fiscal Year 2005. Constitution of, the Pledge of Allegiance, as State courts, which will be the ‘‘last shot’’ at Politics and a deplorable abuse of the legis- defined in section 4 of title 4, or its recita- relief for these plaintiffs, may lack the exper- lative process are holding critical transpor- tion. tise and independent safeguards provided to tation projects across this country hostage. Mr. Chairman, we have seen this kind of federal judges under Article III. This includes the T–REX project in my dis- egregious legislation before in the context of H.R. 2028, as drafted, insulated the Pledge trict—which has introduced light rail to metro closing federal court doors to claims related to of Allegiance as set forth in section 4 of title Denver and expanded a vital corridor along I– the Defense of Marriage Act. This legislation 4 of the United States Code from constitu- 25. Every federal highway and transit project violates the same principles as that did—su- tional challenge in the federal courts. in this country must be authorized to receive preme court and lower federal court jurispru- However, the statute and the Pledge are federal funds before the appropriators can re- dence; well-respected legal precedence; the subject to change by future legislative bodies. lease them. Unfortunately, the wheels have doctrines of the ‘‘separation of powers;’’ the This means that if some future Congress de- fallen off the authorization train this time doctrine of ‘‘judicial review;’’ equal rights and cides to insert some religiously offensive or around. equal protection; the U.S. Constitution; the in- discriminatory language in the pledge, the We in Congress are facing an incredible sit- tent of the original Framers; and others. matter would be immune to constitutional chal- uation where a Republican-controlled House, H.R. 2028 would preclude any federal judi- lenge in the federal courts. a Republican-controlled Senate and a Repub- cial review of any constitutional challenge to The Jackson-Lee amendment, which I will lican-controlled White House cannot reach an the Pledge of Allegiance—whether it be in the offer, provides for an exception to the bill’s agreement on funding levels for our nation’s lower federal courts or in the highest Court in preclusion that involves allegations of coerced transportation system. This showdown occurs the Land, the U.S. Supreme Court. Effectively, or mandatory recitation of the Pledge of Alle- against a background of ever increasing traffic if passed, this extremely vague legislation will giance, including coercion in violation of the congestion, as our transportation needs con- relegate all claimants to State courts to review First Amendment. tinue to outstrip our will to address them. any challenges to the Pledge. This possibility Closing the doors of the federal courthouse As if there weren’t enough to raise concern will lead to different constitutional construc- doors to claimants will amount to a coercion of about the authorization process alone, the folly tions in each of the 50 states. If one of the individuals to recite the Pledge and its ref- extended to the House’s consideration of the purported goals of H.R. 2028 is to minimize erence to God in violation of the holding in transportation funding bill as well. My Repub- the amount of cases brought to the federal West Virginia State Board of Education v. lican colleagues from Colorado subjected the courts and save the court administration’s Barnette. This case struck down mandatory appropriations bill itself to numerous points of time, this bill fails miserably. H.R. 2028 recitation of the Pledge of Allegiance. order that stripped the legislation of funding for ‘‘dumps’’ these claims onto the dockets of the In Barnette, the Supreme Court struck down transit projects, Amtrak, and even T–REX. State courts which will render different deci- a West Virginia law that mandated school- My hometown paper, the Rocky Mountain sions across the board—clearly bad policy. children to recite the Pledge of Allegiance. News, recently described the situation we face JUDICIAL REVIEW AND ARTICLE III Under the West Virginia law, religious minori- today, ‘‘Imagine a major transportation bill that Article III of the U.S. Constitution vests ‘‘the ties faced expulsion from school and could be pays for very few roads or transit programs.’’ Judicial Power of the United States . . . in subject to prosecution and fined, if convicted

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.080 E24PT1 E1712 CONGRESSIONAL RECORD — Extensions of Remarks September 24, 2004 of violating the statute’s provisions. In striking GREATER REGULATION OF his country, especially from ‘‘radical’’ Islamic down that statute, Justice Jackson wrote for RELIGION IN KAZAKHSTAN? groups. The President may be tempted to fol- the Court: low the actions of his neighbors, especially To believe in patriotism will not flourish if HON. CHRISTOPHER H. SMITH Uzbekistan, but I would advise him otherwise. patriotic ceremonies are voluntary and spon- OF NEW JERSEY The Uzbek Government has for years ruth- taneous instead of a compulsory routine is to IN THE HOUSE OF REPRESENTATIVES lessly clamped down on pious Muslims sus- make an unflattering estimate of the appeal pected of being associated with Hizb ut-Tahrir. Friday, September 24, 2004 of our institutions to free minds . . . If there This reactionary and heavy-handed policy has is any fixed star in our constitutional con- Mr. SMITH of New Jersey. Mr. Speaker, as proven counterproductive, antagonizing the stellation, it is that no official, high, or Chairman of the U.S. Helsinki Commission I devout Muslim population and leaving it recep- petty can prescribe what shall be orthodox in am concerned about Kazakhstan’s draft law tive to other, radical voices. Instead of defeat- politics, nationalism, religion, or other mat- on combating extremist activity, as the legisla- ters of opinion or force citizens to confess by ing terrorists, demanding legal requirements word or act their faith therein. tion could violate Kazakhstan’s OSCE commit- for religious practice and Uzbekistan’s harsh ments on religious freedom and damage the responses have restricted the religious free- This legislation would strip the parents of country’s positive reputation on religious toler- doms of the many peaceful Muslims and those children of the right to go to court and ance and liberty. In President Nursultan Christians wanting to practice their faith. Obvi- defend their children’s religious liberty. If this Nazarbaev’s address to the parliament on ously, individuals involved in criminal activity in legislation is passed, schools could expel chil- September 1, he urged deputies to pass the Kazakhstan should be punished. But, by ban- dren for acting according to the dictates of bill while dismissing concerns about the further ning entire groups, particularly independent their faith and Congress will have slammed regulation of religion. Nevertheless, the text is mosques outside the control of the state- the courthouse door shut in their faces. When problematic in several respects and would backed Muslim Spiritual Association, entire I was a child, I always wondered why, when benefit from further refinement. Considering communities will be penalized. The result will the rest of the class recited the Pledge of Alle- that Kazakhstan wishes to be the OSCE be the inappropriate limiting of a fundamental giance, she always sat quietly. Today, I under- Chair-in-Office in 2009, I urge Kazakhstan to freedom, while doing little to prevent criminal stand that it was because she was of the 7th seek the advice of the OSCE Panel of Experts acts. Day Adventist faith and therefore reciting the on Religious Freedom or Belief, as President In closing, the Congress of World and Tradi- ‘‘under God’’ provision would force her to frus- Nazarbaev wisely did two years ago regarding trate her religious faith. If H.R. 2028 were law tional Religions convened by President a proposed draft law on religion. Nazarbaev himself was successful in bringing back then, the school administrators could Intended to combat terrorism, the draft law together Christian, Muslim, Jewish, Buddhist have forced her to say the pledge and she would criminalize membership in certain and Hindu leaders to discuss tolerance and would have no recourse in the federal courts. groups or the holding of certain beliefs, rather understanding. I fear that the draft law on ex- than combating actual criminal deeds. A crit- The Jackson-Lee Amendment protects reli- tremism, if not amended, will sully ical portion of the law is also vague, as the gious minorities, Mr. Chairman. Kazakhstan’s reputation on religious tolerance text fails to define clearly the term ‘‘extre- Recently, a panel of the U.S. Court of Ap- by unduly limiting religious freedoms through mism.’’ The omission is glaring and will very peals for the Third Circuit held that a Pennsyl- the criminalization of certain memberships and likely lead to its misapplication. In addition, the vania law requiring recitation of the Pledge, beliefs as opposed to addressing real criminal draft uses the word ‘‘religious’’ ten times and even when it provided a religious exception, activity. violated the Constitution because it violated links religion with an ill-defined understanding of ‘‘extremism.’’ In the context of an anti-ter- the free speech of the students. f In Circle School v. Pappert, the court found rorism law, such a connection gives rise to that: concern, as these types of statutes can easily PERSONAL EXPLANATION be misused against unpopular religious com- It may be useful to note our belief that munities. The draft law would strengthen state most citizens of the United States willingly control over religious activity by giving the recite the Pledge of Allegiance and proudly HON. THOMAS G. TANCREDO sing the national anthem. But the rights em- State Agency for Work with Religious Associa- OF COLORADO tions the ability to monitor groups. From its ob- bodied in the Constitution, particularly the IN THE HOUSE OF REPRESENTATIVES First Amendment, protect the minority— servations, the State Agency can recommend those persons who march to their own drum- the banning of a group for ‘‘extremist activity,’’ Friday, September 24, 2004 mers. It is they who need the protection af- but again the text does not spell out what ac- forded by the Constitution and it is the re- tivities would qualify. Mr. TANCREDO. Mr. Speaker, I was out of sponsibility of federal judges to ensure that Another problematic provision included in town on official business, and missed rollcall protection. the draft concerns the foreign classification of vote Nos. 457, 458, 459, and 460. Had I been Again, under H.R. 2028, such a coercive a group as ‘‘extremist,’’ as the law will honor present, I would have voted ‘‘no’’ on rollcall speech case could never reach the federal the classification by another country and ban 457, ‘‘no’’ on rollcall 458, ‘‘no’’ on rollcall 459, courts. their activity in Kazakhstan. This clause would and ‘‘no’’ on rollcall 460. in effect allow the long arm of a repressive DUE PROCESS AND SEPARATION OF POWERS government to outlaw a group in Kazakhstan, f Protecting fundamental due process of the as well. I remember when a Moscow court la- PERSONAL EXPLANATION law requires independent judicial forums capa- beled the Salvation Army as a ‘‘paramilitary’’ ble of determining federal constitutional organization; under this draft bill, Kazakhstan rights—with experience. H.R. 2028 will deprive could follow this erroneous assertion and ban HON. SAM GRAVES the federal courts of the ability to hear cases this well-respected humanitarian organization. involving fundamental free exercise and free Existing Kazakh law fully provides for the OF MISSOURI speech rights of students, parents, religious prosecution of criminal acts, so these new pro- IN THE HOUSE OF REPRESENTATIVES affiliates, and many others. Congressional de- visions are not only unnecessary but harmful. Friday, September 24, 2004 nial of a federal forum to plaintiffs in a speci- In fact, some articles of current law are too re- fied class of cases would force these plaintiffs strictive. For example, Article 375 of the Ad- Mr. GRAVES. Mr. Speaker, on Thursday, out of federal courts—which are specifically ministrative Code, which requires the registra- September 23, 2004 I was unavoidably de- suited for the vindication of federal interests, tion of religious groups, should be removed. I tained and thus missed rollcall vote Nos. 466, and into state courts which may be inexperi- have received consistent reports since the 467, 468 469, 470, 471 and 472. Had I been enced and hostile to federal claims. promulgation of Article 375 of unregistered present, I would have voted ‘‘nay’’ on 466, an The Pledge Protection Act threatens to de- groups being penalized for legitimate activities amendment by Mr. Watt; ‘‘yea’’ on 467, pas- stroy the U.S. Constitution, the independence and their facing civil and criminal sanctions. sage of the Pledge Protection Act; ‘‘yea’’ on of the federal judiciary, separation of powers, Considering the recurring misuse of civil regu- 468, the Adoption Tax Relief Guarantee Act; and individual rights and protections guaran- lations, I fear further abuse under the draft ‘‘yea’’ on 469; ‘‘yea’’ on 470; ‘‘yea’’ on 471; teed by the Constitution. Mr. Chairman, I urge law. and ‘‘yea’’ on 4721, passage of the con- my colleagues to save this country from legal I understand that President Nazarbaev is ference report to H.R. 1308, which I previously demise and defeat the base bill. concerned about the spread of extremism in supported.

VerDate jul 14 2003 01:16 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A24SE8.004 E24PT1 Friday, September 24, 2004 Daily Digest Senate vert, Deputy Assistant Secretary of the Interior for Chamber Action Land and Minerals Management; Bruce I. Knight, Routine Proceedings, pages S9657–S9690 Chief, Natural Resources Conservation Service, De- Measures Introduced: One bill and one resolution partment of Agriculture; Terry Crawforth, Nevada were introduced, as follows: S. 2846 and S. Res. Department of Wildlife, Carson City; Greg 435. Page S9673 Schnacke, Colorado Oil and Gas Association, Denver, on behalf of the Partnership for the West; Gary N. National Intelligence Reform Act—Agreement: Back, Steffen, Robertson and Kirsten Consulting A unanimous-consent agreement was reached pro- (USA), Inc., Elko, Nevada, on behalf of the North- viding that at 2 p.m., on Monday, September 27, eastern Nevada Stewardship Group, Inc.; John 2004, Senate begin consideration of S. 2845, to re- O’Keeffe, Oregon Cattleman’s Association, Salem, on form the intelligence community and the intel- behalf of the Public Lands; Ben Deeble, National ligence and intelligence-related activities of the Wildlife Federation, Missoula, Montana; and James United States Government. Pages S9689–90 A. Mosher, North American Grouse Partnership, on Measures Placed on Calendar: Page S9689 behalf of sundry organizations. Additional Cosponsors: Page S9673 TREATIES Statements on Introduced Bills/Resolutions: Committee on Foreign Relations: Committee concluded Pages S9673–74 a hearing to examine the Protocol Amending the Authority for Committees to Meet: Page S9674 Convention Between the United States of America Text of H.R. 4755 and H.R. 4850, each as Pre- and the Kingdom of the Netherlands for the Avoid- ance of Double Taxation and the Prevention of Fiscal viously Passed: Pages S9674–89 Evasion with Respect to Taxes on Income (including Adjournment: Senate convened at 10:04 a.m., and exchange of notes with attached Understanding), adjourned at 12:41 p.m., until 1 p.m., on Monday, signed at Washington on March 8, 2004 (the ‘‘Pro- September 27, 2004. (For Senate’s program, see the tocol’’) (Treaty Doc. 108–25), and the Second Pro- remarks of the Acting Majority Leader in today’s tocol Amending the Convention Between the United Record on page S. 9690.) States of America and Barbados for the Avoidance of Double Taxation and the Prevention of Fiscal Eva- Committee Meetings sion with Respect to Taxes on Income Signed on December 31, 1984, signed at Washington on July (Committees not listed did not meet) 14, 2004; including an exchange of notes with at- tached Understandings (Treaty Doc. 108–26), after SAGE GROUSE CONSERVATION receiving testimony from George Yin, Chief of Staff, Committee on Environment and Public Works: Sub- Joint Committee on Taxation; Barbara M. Angus, committee on Fisheries, Wildlife, and Water con- International Tax Counsel, Department of the Treas- cluded oversight hearings to examine the sustain- ury; and William A. Reinsch, National Foreign ability of State and private programs for sage grouse Trade Council, and Judith P. Zelisko, Brunswick conservation, focusing on developments in federal ac- Corporation, on behalf of the Tax Executives, Inc., tivities, after receiving testimony from Chad D. Cal- both of Washington, DC.

D946

VerDate jul 14 2003 01:13 Sep 25, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24SE4.REC D24SE4 September 24, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D947 House of Representatives and the Small Business Investment Act of 1958 Chamber Action through September 30, 2004. Signed on September Measures Introduced: 5 public bills, H.R. 10, 24, 2004. (Public Law 108–306). 5147–5150; were introduced. Pages H7579–80 S. 1576, to revise the boundary of Harpers Ferry Additional Cosponsors: Page H7580 National Historical Park. Signed on September 24, 2004. (Public Law 108–307). Reports Filed: Reports were filed today as follows: H.R. 4077, to enhance criminal enforcement of f the copyright laws, to educate the public about the CONGRESSIONAL PROGRAM AHEAD application of copyright law to the Internet, amend- Week of September 27 through October 2, 2004 ed (H. Rept. 108–700). Page H7579 Speaker: Read a letter from the Speaker wherein he Senate Chamber appointed Representative Petri to act as Speaker Pro On Monday, at 2 p.m., Senate will begin consider- Tempore for today. Page H7577 ation of S. 2845, National Intelligence Reform Act. Recess: The House recessed at 2:03 and reconvened During the balance of the week Senate will con- at 4:30 p.m. Page H7577 sider any other cleared legislative and executive busi- ness, including appropriation bills, when available. Senate Message: Message received from the Senate today appears on page H7577. Senate Committees Senate Referral: S. Con. Res. 119 was referred to (Committee meetings are open unless otherwise indicated) the Committee on Energy & Commerce; and S. 2781 Committee on Banking, Housing, and Urban Affairs: Sep- was referred to the Committee on International Rela- tember 28, to hold hearings to examine policies to en- tions. Page H7577 force the Bank Secrecy Act and to prevent money laun- dering in money services businesses and the gaming in- Quorum Calls—Votes: There were no votes or dustry, 10 a.m., SD–538. quorum calls. September 29, Full Committee, to hold hearings to ex- Adjournment: The House met at 2 p.m. and ad- amine recommendations of the 9/11 Commission, focus- journed at 4:31 p.m. ing on efforts to identify and combat terrorist financing, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: Sep- Committee Meetings tember 28, to hold hearings to examine media ownership IRAQ RECONSTRUCTION PROGRAM issues, 9:30 a.m., SR–253. September 28, Subcommittee on Science, Technology, Committee on Appropriations: Subcommittee on Foreign and Space, to hold hearings to examine the effectiveness Operations, Export Financing and Related Programs of media ratings systems, 2:30 p.m., SR–253. held a hearing on Iraq Reconstruction Program. Tes- September 29, Subcommittee on Science, Technology, timony was heard from Richard L. Armitage, Dep- and Space, to hold hearings to examine the controversy uty Secretary of State. over embryonic stem cell research, 2 p.m., SR–253. September 30, Subcommittee on Communications, to f hold oversight hearings to examine the security of Inter- NEW PUBLIC LAWS net Root Servers and the Domain Name System (DNS), 2:30 p.m., SR–253. (For last listing of Public Laws, see DAILY DIGEST, P. D 860) Committee on Energy and Natural Resources: September H.R. 361, to designate certain conduct by sports 29, Subcommittee on Public Lands and Forests, to hold agents relating to the signing of contracts with stu- hearings to examine S. 2410, to promote wildland fire- dent athletes as unfair and deceptive acts or practices fighter safety, H.R. 1651, to provide for the exchange of to be regulated by the Federal Trade Commission. land within the Sierra National Forest, California, S. Signed on September 24, 2004. (Public Law 2378, to provide for the conveyance of certain public land 108–304). in Clark County, Nevada, for use as a heliport, H.R. 2400, to amend the Organic Act of Guam for the pur- H.R. 3908, to provide for the conveyance of the poses of clarifying the local judicial structure of Guam, real property located at 1081 West Main Street in H.R. 3874, to convey for public purposes certain Federal Ravenna, Ohio. Signed on September 24, 2004. lands in Riverside County, California, that have been (Public Law 108–305). identified for disposal, H.R. 4170, to authorize the Sec- H.R. 5008, to provide an additional temporary retary of the Interior to recruit volunteers to assist with, extension of programs under the Small Business Act or facilitate, the activities of various agencies and offices

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of the Department of the Interior, and S. Res. 387, com- sumers’ Social Security Numbers,’’ 2 p.m., 2123 Ray- memorating the 40th Anniversary of the Wilderness Act, burn. 2:30 p.m., SD–366. September 29, Subcommittee on Health, hearing enti- September 30, Full Committee, to hold oversight hear- tled ‘‘Improving Women’s Health: Understanding De- ings to examine issues related to low-level radioactive pression After Pregnancy,’’ 1 p.m., 2123 Rayburn. waste, 10:30 a.m., SD–366. September 29, Subcommittee on Telecommunications Committee on Foreign Relations: September 28, to hold and the Internet, hearing entitled ‘‘An Examination of hearings to examine how to combat corruption in the Wireless Directory Assistance Policies and Programs,’’ 10 multilateral development banks, 2:30 p.m., SD–419. a.m., 2322 Rayburn. September 29, Full Committee, to hold hearings to ex- Committee on Financial Services, September 29, to con- amine the nominations of Ryan C. Crocker, of Wash- sider the following bills; H.R. 5011, Military Personnel ington, to be Ambassador to the Islamic Republic of Financial Services Protection Act; H.R. 4634, Terrorism Pakistan, Marcie B. Ries, of the District of Columbia, to Insurance Backstop Extension Act of 2004; and H.R. 10, be Ambassador to the Republic of Albania, Catherine 9/11 Recommendations Implementation Act, 10 a.m., Todd Bailey, of Kentucky, to be Ambassador to the Re- 2128 Rayburn. public of Latvia, and Douglas Menarchik, of Texas, to be September 30, Subcommittee on Domestic and Inter- an Assistant Administrator of the United States Agency national Monetary Policy, Trade, and Technology and the for International Development, 3 p.m., SD–419. Subcommittee on Oversight and Investigations, joint Committee on Governmental Affairs: September 30, Finan- hearing entitled ‘‘Combating International Terrorist Fi- cial Management, the Budget, and International Security, nancing,’’ 10 a.m., 2128 Rayburn. to hold oversight hearings to examine Section 529 Col- Committee on Government Reform, September 30, Sub- lege Savings Plans, focusing on fees, disclosure, state tax committee on Energy Policy, Natural Resources and Reg- treatment and broker sales practices, 10:30 a.m., SD–342. ulatory Affairs, hearing entitled ‘‘How Can We Maximize Committee on Indian Affairs: September 29, business Private Sector Participation in Transportation?—Part II,’’ meeting to consider pending calendar business; to be fol- 10 a.m., 2154 Rayburn. lowed by an oversight hearing on lobbying practices in- September 30, Subcommittee on Government Effi- volving Indian tribes, 9:30 a.m., SH–216. ciency and Financial Management, oversight hearing enti- Committee on Veterans’ Affairs: September 30, to hold tled ‘‘Financial Management at the Department of Health hearings to examine the nominations of Mary J. Schoelen, and Human Services,’’ 2 p.m., 2247 Rayburn. of the District of Columbia, and William A. Moorman, Committee on International Relations, September 29, hear- of Virginia, each to be a Judge of the United States ing on Afghanistan: United States Strategies on the Eve Court of Appeals for Veterans Claims, and Robert Allen of National Elections, 10:30 a.m., 2172 Rayburn. Pittman, of Florida, to be an Assistant Secretary of Vet- Committee on the Judiciary, September 28, Subcommittee erans Affairs for Human Resources and Administration, 2 on the Constitution, oversight hearing on the ‘‘Status of p.m., SR 418. the Implementation of the Pickford v. Glickman Settle- Special Committee on Aging: September 28, to hold hear- ment, 4 p.m., 2141 Rayburn. ings to examine combating influenza in order to keep September 29 and 30, full Committee, to mark up senior citizens alive, 10 a.m., SD–628. H.R. 10, 9/11 Recommendations Implementation Act, 10 a.m., 2141 Rayburn. House Chamber October 1, Subcommittee on the Constitution, over- Program to be announced. sight hearing on The Presidential Succession Act, 9 a.m., 2141 Rayburn. House Committees Committee on Resources, September 29, Subcommittee on Committee on Agriculture, September 29, Subcommittee Forests and Forest Health, hearing on the following bills: on Conservation, Credit, Rural Development, and Re- H.R. 977, Aerial Firefighter Relief Act of 2003; H.R. search, hearing to review the Farm Credit System, 1:30 1550, To authorize the Secretary of the Interior and the p.m., 1300 Longworth. Secretary of Agriculture to make grants to improve the Committee on Appropriations, September 30, Sub- commercial value of forest biomass for electric energy, committee on Labor, Health and Human Services, Edu- useful heat, transportation fuels, petroleum-based product cation and Related Agencies, on Influenza Vaccine, 10:15 substitutes, and other commercial purposes; H.R. 1723, a.m., 2358 Rayburn. Caribbean National Forest Act of 2003; and H.R. 4461, Committee on Education and the Workforce, September 28, Walnut Canyon Study Act, 2 p.m., 1334 Longworth. Subcommittee on 21st Century Competitiveness, hearing September 30, Subcommittee on Fisheries Conserva- on H.R. 2649, Schools Safety Acquiring Faculty Excel- tion, Wildlife and Oceans, hearing on H.R. 4368, lence Act of 2003, 10 a.m., 2175 Rayburn. Weather and Oceans Resources Realignment Act, 10 September 30, Subcommittee on Employer-Employee a.m., 1324 Longworth. Relations, hearing on H.R. 4343, Secret Ballot Protection Committee on Rules, September 28, to consider the fol- Act of 2004, 10:30 a.m., 2175 Rayburn. lowing: H.R. 3193, District of Columbia Personal Protec- Committee on Energy and Commerce, September 28, Sub- tion Act; and H.J. Res. 106, Proposing an amendment committee on Commerce, Trade and Consumer Protec- to the Constitution of the United States relating to mar- tion, hearing entitled ‘‘Protecting the Privacy of Con- riage, 5 p.m., H–313 Capitol.

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Committee on Science, September 29, Subcommittee on September 30, Subcommittee on Water Resources and Environment, Technology and Standards, to mark up Environment, oversight hearing entitled ‘‘Are Citizen Suit H.R. 4546, National Oceanic and Atmospheric Adminis- Provisions of the Clean Water Act Being Misused?’’ 10 tration Act, 2 p.m., 2318 Rayburn. a.m., 2167 Rayburn. Committee on Transportation and Infrastructure, September Committee on Ways and Means, September 30, Sub- 28, Subcommittee on Highways, Transit, and Pipelines, committee on Social Security and the Subcommittee on to mark up the following: HR. 5082, Public Transpor- Human Resources, joint hearing on the Commissioner of tation Terrorism Prevention and Response Act of 2004; Social Security’s Proposal to Improve the Disability Proc- and other pending business, 4 p.m., 2167 Rayburn. ess, 1 p.m., 1100 Longworth. September 29, full Committee, to consider the fol- Permanent Select Committee on Intelligence, September 29, lowing: GSA Fiscal Year 2005 Capital Investment and to mark up H.R. 10, 9/11 Recommendations Implemen- Leasing Program Resolutions; U.S. Army Corps of Engi- neers Resolutions; H.R. 5082, Public Transportation Ter- tation Act, 1:30 p.m., 2175 Rayburn. rorism Prevention and Response Act of 2004; H.R. 5105, Select Committee on Homeland Security, September 29, To authorize the Board of Regents of the Smithsonian In- Subcommittee on Emergency Preparedness and Response, stitution to carry out construction and related activities hearing entitled ‘‘The National Incident Management in support of the collaborative Very Energetic Radiation System: Enhancing Response to Terrorist Attacks,’’ 10 Imaging Telescope Array System (VERITAS) project on a.m., 210 Cannon. Kitt Peak near Tucson, Arizona; H.R. 5121, To further September 30, Subcommittee on Infrastructure and protect the United States aviation system from terrorist Border Security and the Subcommittee on Intelligence attacks; the National Health Museum Authorization Act; and Counterterrorism, joint hearing entitled ‘‘Disrupting the Research and Special Programs Reorganization Act of Terrorist Travel: Safeguarding America’s Borders Through 2004; and other pending business, 11 a.m., 2167 Ray- Information Sharing,’’ 1 p.m., 210 Cannon. burn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m, Monday, September 27 12:30 p.m., Tuesday, September 28

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 2 p.m.), Senate will begin consideration of S. 2845, National Intelligence Reform Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gonzalez, Charles A., Tex., E1699 Michaud, Michael H., Me., E1708 Graves, Sam, Mo., E1693, E1694, E1712 Millender-McDonald, Juanita, Calif., E1701 Baird, Brian, Wash., E1701 Gutierrez, Luis V., Ill., E1707 Miller, Brad, N.C., E1697 Baldwin, Tammy, Wisc., E1707 Hayes, Robin, N.C., E1703 Moran, James P., Va., E1692, E1694 Berry, Marion, Ark., E1698 Herseth, Stephanie, S.D., E1701 Murphy, Tim, Pa., E1703, E1709 Bishop, Rob, Utah, E1697 Hinojosa, Rube´n, Tex., E1695 Blumenauer, Earl, Ore., E1696 Holden, Tim, Pa., E1700 Osborne, Tom, NE, E1703 Bordallo, Madeleine Z., Guam, E1710 Jackson-Lee, Sheila, Tex., E1711 Pallone, Frank, Jr., N.J., E1699 Brown-Waite, Ginny, Fla., E1705 Kaptur, Marcy, Ohio, E1705 Porter, Jon C., Nev., E1702 Burgess, Michael C., Tex., E1692, E1694 Kind, Ron, Wisc., E1708 Portman, Rob, Ohio, E1710 Crenshaw, Ander, Fla., E1700 Lampson, Nick, Tex., E1691, E1693, E1695 Regula, Ralph, Ohio, E1692, E1694 DeFazio, Peter A., Ore., E1709 Langevin, James R., R.I., E1703 Rodriguez, Ciro D., Tex., E1710 DeGette, Diana, Colo., E1711 Larson, John B., Conn., E1707 Rush, Bobby L., Ill., E1700 DeLauro, Rosa L., Conn., E1696 Levin, Sander M., Mich., E1696 Ryan, Paul, Wisc., E1697 Diaz-Balart, Lincoln, Fla., E1692, E1694 Lewis, Jerry, Calif., E1700 Smith, Christopher H., N.J., E1712 Dingell, John D., Mich., E1701 Lewis, Ron, Ky., E1706 Emanuel, Rahm, Ill., E1691, E1693, E1695 McInnis, Scott, Colo., E1704, E1704, E1705, E1706, Smith, Nick, Mich., E1708 Evans, Lane, Ill., E1698 E1707, E1707, E1708, E1709, E1709, E1710 Tancredo, Thomas G., Colo., E1712 Frelinghuysen, Rodney P., N.J., E1702 Maloney, Carolyn B., N.Y., E1706 Towns, Edolphus, N.Y., E1703 Gerlach, Jim, Pa., E1691, E1692 Meehan, Martin T., Mass., E1704 Udall, Mark, Colo., E1691, E1693 Gibbons, Jim, Nev., E1701 Menendez, Robert, N.J., E1698, E1704 Visclosky, Peter J., Ind., E1696

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