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

Vol. 150 WASHINGTON, WEDNESDAY, MARCH 10, 2004 No. 30 House of Representatives The House met at 10 a.m. and was THE JOURNAL sonnel, especially those veterans who called to order by the Speaker pro tem- The SPEAKER pro tempore. The live in rural locations throughout the pore (Mr. REHBERG). Chair has examined the Journal of the United States. last day’s proceedings and announces The 108th Congress is committed to f to the House his approval thereof. America’s veterans. We are providing Pursuant to clause 1, rule I, the Jour- record funding for veterans programs, DESIGNATION OF THE SPEAKER nal stands approved. including improvements in our vet- PRO TEMPORE Mr. MCNULTY. Mr. Speaker, pursu- erans health care system. The SPEAKER pro tempore laid be- ant to clause 1, rule I, I demand a vote These funding measures are allowing fore the House the following commu- on agreeing to the Speaker’s approval the Veterans Administration to open nication from the Speaker: of the Journal. community-based outpatient clinics in WASHINGTON, DC, The SPEAKER pro tempore. The many areas of our country. A new com- March 10, 2004. question is on the Speaker’s approval munity-based outpatient clinic is I hereby appoint the Honorable DENNIS R. of the Journal. planned for Athens, , located in REHBERG to act as Speaker pro tempore on The question was taken; and the Georgia’s 12th District. This clinic will this day. Speaker pro tempore announced that provide many needed medical services J. DENNIS HASTERT, to groups of proud veterans in Athens Speaker of the House of Representatives. the ayes appeared to have it. Mr. MCNULTY. Mr. Speaker, I object and surrounding areas. We need to ensure that these out- f to the vote on the ground that a quorum is not present and make the patient clinics are adequately funded and staffed. We need to encourage the PRAYER point of order that a quorum is not present. establishment of additional clinics in The Reverend Dr. William J.P. The SPEAKER pro tempore. Pursu- rural areas where they can be bene- Doubek III, National Chaplain, The ant to clause 8, rule XX, further pro- ficial to our population of veterans. American Legion, Washington, DC, of- ceedings on this question will be post- Mr. Speaker, this Congress is com- fered the following prayer: poned. mitted to those who currently defend Lord God. Holy Scripture teaches us, The point of no quorum is considered this Nation and to those who have ‘‘Every good and perfect gift is from withdrawn. served her in the past. above, coming down from the Father of f the heavenly lights, who does not f change like shifting shadows.’’ The PLEDGE OF ALLEGIANCE OUR TRADE DEFICIT men and women who serve this great The SPEAKER pro tempore. Will the (Mr. DEFAZIO asked and was given Nation in this House are gifts to us gentleman from Georgia (Mr. BURNS) permission to address the House for 1 from You. We thank You and praise come forward and lead the House in the minute.) You for their labor on behalf of these Pledge of Allegiance. Mr. DEFAZIO. Mr. Speaker, well, United States. Mr. BURNS led the Pledge of Alle- congratulations to the Bush economic As they study and debate various giance as follows: team. Yet another record under their issues, illuminate them with wisdom belt. Last Friday, it was the announce- I pledge allegiance to the Flag of the from above. When they make decisions United States of America, and to the Repub- ment that no private sector jobs had that affect our lives, cause them to be lic for which it stands, one nation under God, been created in America and that they ever mindful of the trust we place in indivisible, with liberty and justice for all. are presiding over the largest job loss them. Use them to glorify You by f since Herbert Hoover in the 1920s, but bringing peace to our troubled planet. today, they are touting their record on Please bless each branch of our gov- RURAL VETERANS trade, a new record, a $43 billion one ernment. Protect them in their travels. (Mr. BURNS asked and was given month trade deficit, and they say this Watch over their families and loved permission to address the House for 1 shows the U.S. economy is recovering. ones in their absence. Supply them minute and to revise and extend his re- Why? We are running a large and with time for rest and renewal. Make marks.) growing trade deficit. This is recovery us all responsible citizens and neigh- Mr. BURNS. Mr. Speaker, I rise at the Bush , a jobless re- bors. today to express my support for Amer- covery because they are engaging in In Jesus’ name, we pray. Amen. ica’s veterans and all military per- trade practices that are exporting the

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.

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VerDate jul 14 2003 01:30 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.000 H10PT1 H930 CONGRESSIONAL RECORD — HOUSE March 10, 2004 manufacturing base of this country, year to black out sharing confidential It is also heartening to see some now the intellectual technology base of health records further solidified bipar- companies such as McDonald’s and Kel- this country. They say it is good to tisan support for medical privacy for logg making positive changes in the outsource jobs, although they are try- all Americans, and I am pleased that in way that they produce food, and I ing to change the word there, that is, the last 48 hours, the Justice Depart- would argue that these changes are due U.S. jobs sent overseas are good for ment has decided to withdraw their in large part to some of those lawsuits American consumers. The problem is subpoena and information request from brought against certain food companies Americans need jobs to be able to con- the hospitals who have stood strong in regarding nutritional value, content sume, and under this administration, the face of this intrusion of privacy by information, or long-term con- those jobs are not available here be- the Federal Government. sequences of eating high fatty . cause they are being shipped to China, As William Safire of The New York f but this is good news, says the Bush ad- Times this morning noted, ‘‘a balance REMEMBERING THE LIFE OF ministration. must be struck between protecting all of us and protecting each one of us.’’ LILLIAN R. BARCIO f Mr. Speaker, guaranteeing Ameri- (Mr. PENCE asked and was given per- WINNING IN THE WAR ON TERROR cans their medical privacy is a critical mission to address the House for 1 (Mr. WILSON of South Carolina first step toward that goal. minute and to revise and extend his re- asked and was given permission to ad- f marks.) dress the House for 1 minute and to re- NORTH KOREA AND CHINA Mr. PENCE. Mr. Speaker, I rise to re- vise and extend his remarks.) member the life of the devoted wife, Mr. WILSON of South Carolina. Mr. (Mr. PITTS asked and was given per- courageous mother, publisher and jour- Speaker, America was thrust into war mission to address the House for 1 nalist Lillian Rose Barcio. on September 11, 2001, when our Nation minute and to revise and extend his re- Lillian Barcio died February 29, 2004, was viciously attacked by terrorists marks.) in Indianapolis where she was born in Mr. PITTS. Mr. Speaker, on the issue who seek to destroy American free- July of 1931. She is survived by her lov- of human rights, today there are be- doms. Since that event, the U.S. mili- ing husband of 31 years, Bernard; her tween 200- and 300,000 North Korean ref- tary has been winning the war on ter- daughters, Marsha Louzon, Sheryl ugees in China. Half are women, and rorism, guided by the courageous lead- Donnella, Karen Pence, Cyndi Barcio; while the men can find jobs as cheap ership of President George W. Bush. and her son, Phillip Barcio. In addi- laborers, most of the women are sold Recognizing the true threat posed by tion, she is survived by eight grand- into forced labor or the sex trade. the global network of terrorism who Despite promises, China so far has re- children and two great-grandchildren. work closely with outlaw regimes, fused to grant the North Koreans offi- Through many hardships, Lillian President Bush laid out a bold and de- cial refugee status, claiming it would Barcio kept her faith in Christ and her cisive plan. America will not wait for invite a flood of new refugees. That is humor and optimism about life. The another September 11 to occur before a faulty argument, and China did not Bible says that charm is deceptive and we take action to defend the American make it when Vietnamese refugees beauty is fleeting but the woman who people. fears the Lord is to be praised. 1 sought refuge in their borders. In the past 2 ⁄2 years, our men and Refugee protection does not cause Lillian Barcio, my mother-in-law, women in uniform, backed by dozens of refugee crises. Horrifying human rights was such a woman whose life would coalition allies, have ended the oppres- abuses, mass starvation, prison camps, merit remembrance in this Congress sive terrorist supporting regimes of the brutal torture, forced abortion, and a even if she had not raised the most Taliban in Afghanistan and Saddam ruler who believes that he is God wonderful woman I have ever known. Hussein in Iraq. This protects Amer- causes refugee crises. May God rest the soul of Lillian Barcio ican families. It is time for China and the UNHCR and bring rest and comfort to her lov- Americans can be assured that, to live up to their obligations, and it is ing husband Bernie and all those who thanks to the commitment of Presi- time for Kim Jong Il to stop brutal- mourn her passing. dent Bush and the valor of American izing his people and to step aside. f military, that we will continue to win f THE ECONOMY the war on terrorism, despite more at- tacks worldwide. PERSONAL RESPONSIBILITY IN (Ms. SOLIS asked and was given per- In conclusion, may God bless our FOOD CONSUMPTION ACT OF 2003 mission to address the House for 1 troops, and we will never forget Sep- (Ms. LORETTA SANCHEZ of Cali- minute.) tember 11. fornia asked and was given permission Ms. SOLIS. Mr. Speaker, good morn- f to address the House for 1 minute.) ing. I rise this morning to talk about Ms. LORETTA SANCHEZ of Cali- the economy. President Bush keeps ANOTHER RULING FOR MEDICAL fornia. Mr. Speaker, I rise today in op- telling us the economy is turning the PRIVACY position to H.R. 339, the Personal Re- corner and that jobs are coming. Well, (Mr. EMANUEL asked and was given sponsibility in Food Consumption Act Mr. President, where are the jobs you permission to address the House for 1 of 2003. keep promising? minute and to revise and extend his re- According to a report released yes- Last Friday brought more dis- marks.) terday by the CDC, poor diet and a lack appointing news to our country. Twen- Mr. EMANUEL. Mr. Speaker, last of physical activity are among the ty-one thousand new jobs were created year Congress created a zone of privacy leading causes of death in the United last month. That is 285,000 fewer jobs that blacks out the transfer of personal States. In fact, obesity is fast ap- than President Bush promised his tax medical information. There should be a proaching to be the number one cause cut would provide. The unemployment sign above one’s medical information of death in our country. Unless our rate among Latinos rose by 7.4 percent that reads, ‘‘Do not enter.’’ It has been families become healthier, the CDC es- last month, 28 percent higher than a bipartisan effort. timates that one in three children, or when President Bush took office. On Monday, a Federal judge inter- in the Hispanic community, one in two Twenty thousand plus people in my preted that law to mean that the Jus- children, will become diabetic. District alone, 8 million nationwide, tice Department’s demands for medical This year, California State Univer- are out of work. These people are look- records from university hospitals, like sity at Fullerton is proposing a Center ing for jobs. Northwestern University in Chicago, for the Prevention of Childhood Obe- This coming weekend we are helping was an undue intrusion on patients’ sity, which would work with schools to sponsor a job fair at the Los Angeles rights. and other organizations to arm teach- Dodgers stadium. Hundreds of out-of- Federal and State laws already on ers and parents with the tools that work southern Californians are eager the books prevent that kind of intru- they need to prevent obesity in their to return to work. They, too, want to sive breach. Congressional action last children. know where the jobs are.

VerDate jul 14 2003 00:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.003 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H931 The Bush policies have failed. It is Becerra Frank (MA) McInnis Smith (MI) Thornberry Waxman time to take a different approach. Let Bereuter Franks (AZ) McIntyre Smith (NJ) Tiahrt Weiner Berkley Frelinghuysen McKeon Smith (TX) Tiberi Weldon (FL) us provide tax incentives for companies Berman Frost Meehan Smith (WA) Tierney Weldon (PA) to keep jobs in the U.S. and pass the Berry Gallegly Meek (FL) Snyder Towns Wexler highway bill and create well-paid and Biggert Garrett (NJ) Meeks (NY) Solis Turner (OH) Whitfield Souder Turner (TX) meaningful jobs here in the U.S. Bilirakis Gerlach Menendez Wilson (NM) Bishop (GA) Gibbons Mica Stark Upton Wilson (SC) Stearns Van Hollen Bishop (NY) Gilchrest Michaud Wolf f Stenholm Vitter Bishop (UT) Gingrey Millender- Woolsey Blumenauer Goode McDonald Sullivan Walden (OR) Wu THE ADMINISTRATION’S NEW Blunt Goodlatte Miller (MI) Tanner Walsh Wynn MATH Boehlert Gordon Miller (NC) Taylor (NC) Wamp Young (AK) Boehner Goss Miller, Gary Terry Watson Young (FL) (Mr. MCDERMOTT asked and was Bonilla Green (WI) Mollohan Thomas Watt given permission to address the House Bonner Grijalva Moore NAYS—41 for 1 minute and to revise and extend Bono Gutierrez Murphy his remarks.) Boozman Gutknecht Murtha Aderholt Hulshof Sabo Boswell Harman Musgrave Baird Larsen (WA) Schakowsky Mr. MCDERMOTT. Mr. Speaker, I Boucher Harris Myrick Baldwin Latham Strickland would like to ask everybody in the Boyd Hart Nadler Brady (PA) Lewis (GA) Stupak House to get a pencil and paper and Bradley (NH) Hastings (FL) Napolitano Capuano LoBiondo Tauscher Costello McDermott take down this number. We are getting Brady (TX) Hastings (WA) Neal (MA) Taylor (MS) Brown (OH) Hayes Nethercutt DeFazio McNulty Thompson (CA) close to tax time. Ready. Here it is. Brown (SC) Hayworth Neugebauer English Miller, George Thompson (MS) Filner Moran (KS) One, one, two, nine, two, five. That Brown, Corrine Hensarling Ney Udall (NM) Gillmor Oberstar Brown-Waite, Herger Northup Vela´ zquez number again one, one, two, nine, two, Graves Olver Ginny Hill Norwood Visclosky five. Green (TX) Otter Burgess Hobson Nunes Waters Now, here is another number, six, Burns Nussle Hefley Peterson (MN) Hoeffel Weller seven, six. These are not phone num- Burr Hoekstra Obey Holt Ramstad bers, but six, seven, six ought to be a Burton (IN) Holden Osborne ANSWERED ‘‘PRESENT’’—1 Buyer Honda Ose call for help. Calvert Hooley (OR) Oxley Tancredo The first number, $112,925, that is the Camp Pallone Hostettler NOT VOTING—38 average tax cut that millionaires will Cannon Houghton Pascrell see in their 2003 return. The second Cantor Hoyer Pastor Barton (TX) Gonzalez Miller (FL) Capito Hunter Paul Bell Granger Moran (VA) number is $676. That is the average tax Capps Hyde Payne Blackburn Greenwood Ortiz cut for the average American. Cardin Inslee Pearce Carter Hall Owens This is the administration’s new Cardoza Isakson Pelosi Clay Hinchey Reyes Carson (IN) Israel Pence Cox Hinojosa Rodriguez math, obscene tax cuts for the wealthy, Carson (OK) Issa Peterson (PA) Crane Jackson-Lee Schiff crumbs for the average American. This Case Istook Petri Cummings (TX) Spratt administration did not create a single Castle Jackson (IL) Pickering Davis (IL) Johnson, Sam Sweeney job in the last month in the private Chabot Jefferson Pitts Diaz-Balart, M. Kennedy (RI) Tauzin Chandler Jenkins Platts Doggett Kucinich Toomey sector. That is not recovery. Where are Chocola John Pombo Fossella LaTourette Udall (CO) the unemployment benefits, Mr. Clyburn Johnson (CT) Pomeroy Gephardt Lofgren Wicker Coble Johnson (IL) Porter Speaker? ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole Johnson, E. B. Portman f Collins Jones (NC) Price (NC) The SPEAKER pro tempore (Mr. Conyers Jones (OH) Pryce (OH) REHBERG) (during the vote). Members THE JOURNAL Cooper Kanjorski Putnam are advised 2 minutes remain in this Cramer Kaptur Quinn The SPEAKER pro tempore. Pursu- Crenshaw Keller Radanovich vote. ant to clause 8 of rule XX, the pending Crowley Kelly Rahall Cubin Kennedy (MN) Rangel b 1040 business is the question of the Speak- Culberson Kildee Regula er’s approval of the Journal of the last Cunningham Kilpatrick Rehberg So the Journal was approved. day’s proceedings. Davis (AL) Kind Renzi The result of the vote was announced The question is on the Speaker’s ap- Davis (CA) King (IA) Reynolds as above recorded. Davis (FL) King (NY) Rogers (AL) proval of the Journal. Davis (TN) Kingston Rogers (KY) f The question was taken; and the Davis, Jo Ann Kirk Rogers (MI) Speaker pro tempore announced that Davis, Tom Kleczka Rohrabacher MEDICAL DEVICES TECHNICAL Deal (GA) Kline Ros-Lehtinen CORRECTIONS ACT the ayes appeared to have it. DeGette Knollenberg Ross Mr. MCNULTY. Mr. Speaker, I object Delahunt Kolbe Rothman The SPEAKER pro tempore. The un- to the vote on the ground that a DeLauro LaHood Roybal-Allard finished business is the question of sus- quorum is not present and make the DeLay Lampson Royce DeMint Langevin Ruppersberger pending the rules and passing the Sen- point of order that a quorum is not Deutsch Lantos Rush ate bill, S. 1881, as amended. present. Diaz-Balart, L. Larson (CT) Ryan (OH) The Clerk read the title of the Senate The SPEAKER pro tempore. Evi- Dicks Leach Ryan (WI) Dingell Lee Ryun (KS) bill. dently a quorum is not present. Dooley (CA) Levin Sa´ nchez, Linda The SPEAKER pro tempore. The The Sergeant at Arms will notify ab- Doolittle Lewis (CA) T. question is on the motion offered by sent Members. Doyle Lewis (KY) Sanchez, Loretta the gentleman from Pennsylvania (Mr. Pursuant to clause 8 of rule XX, this Dreier Linder Sanders Duncan Lipinski Sandlin GREENWOOD) that the House suspend 15-minute vote on approving the Jour- Dunn Lowey Saxton the rules and pass the Senate bill, S. nal will be followed by 5-minute votes Edwards Lucas (KY) Schrock 1881, as amended, on which the yeas on the two motions to suspend the Ehlers Lucas (OK) Scott (GA) Emanuel Lynch Scott (VA) and nays are ordered. rules postponed yesterday. Emerson Majette Sensenbrenner This will be a 5-minute vote. The vote was taken by electronic de- Engel Maloney Serrano The vote was taken by electronic de- vice, and there were—yeas 353, nays 41, Eshoo Manzullo Sessions vice, and there were—yeas 396, nays 0, answered ‘‘present’’ 1, not voting 38, as Etheridge Markey Shadegg Evans Marshall Shaw not voting 37, as follows: follows: Everett Matheson Shays [Roll No. 46] [Roll No. 45] Farr Matsui Sherman Fattah McCarthy (MO) Sherwood YEAS—396 YEAS—353 Feeney McCarthy (NY) Shimkus Abercrombie Andrews Ballance Abercrombie Andrews Ballenger Ferguson McCollum Shuster Ackerman Baca Ballenger Ackerman Baca Barrett (SC) Flake McCotter Simmons Aderholt Bachus Barrett (SC) Akin Bachus Bartlett (MD) Foley McCrery Simpson Akin Baird Bartlett (MD) Alexander Baker Bass Forbes McGovern Skelton Alexander Baker Bass Allen Ballance Beauprez Ford McHugh Slaughter Allen Baldwin Beauprez

VerDate jul 14 2003 00:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.005 H10PT1 H932 CONGRESSIONAL RECORD — HOUSE March 10, 2004 Becerra Ferguson Lucas (OK) Ryan (WI) Smith (NJ) Turner (TX) [Roll No. 47] Bereuter Filner Lynch Ryun (KS) Smith (TX) Udall (NM) Berkley Flake Majette Sabo Smith (WA) Upton YEAS—388 Berman Foley Maloney Sa´ nchez, Linda Snyder Van Hollen Abercrombie Dingell Kolbe Berry Forbes Manzullo T. Solis Vela´ zquez Aderholt Dooley (CA) LaHood Biggert Ford Markey Sanchez, Loretta Souder Visclosky Akin Doolittle Lampson Bilirakis Frank (MA) Marshall Sanders Spratt Vitter Alexander Doyle Langevin Bishop (NY) Franks (AZ) Matheson Sandlin Stark Walden (OR) Allen Dreier Lantos Bishop (UT) Frelinghuysen Matsui Saxton Stearns Walsh Andrews Duncan Larsen (WA) Blackburn Frost McCarthy (MO) Schakowsky Stenholm Wamp Baca Dunn Larson (CT) Blumenauer Gallegly McCarthy (NY) Schrock Strickland Waters Bachus Edwards Latham Blunt Garrett (NJ) McCollum Scott (GA) Stupak Watson Baird Ehlers Leach Boehlert Gerlach McCotter Scott (VA) Sullivan Watt Baker Emanuel Lee Boehner Gibbons McCrery Sensenbrenner Tancredo Waxman Baldwin Emerson Levin Bonilla Gilchrest McDermott Serrano Tanner Weiner Ballance Engel Lewis (CA) Bonner Gillmor McGovern Sessions Tauscher Weldon (FL) Ballenger English Lewis (GA) Bono Gingrey McHugh Shadegg Taylor (MS) Weldon (PA) Barrett (SC) Eshoo Lewis (KY) Boozman Goode McInnis Shaw Taylor (NC) Weller Bartlett (MD) Etheridge Linder Boswell Goodlatte McIntyre Shays Terry Wexler Bass Evans Lipinski Boucher Gordon McKeon Sherman Thomas Whitfield Beauprez Farr LoBiondo Boyd Goss McNulty Sherwood Thompson (CA) Wilson (NM) Shimkus Thompson (MS) Wilson (SC) Becerra Fattah Lowey Bradley (NH) Graves Meehan Bereuter Feeney Lucas (KY) Brady (PA) Green (TX) Meek (FL) Shuster Thornberry Wolf Simmons Tiahrt Woolsey Berkley Ferguson Lucas (OK) Brady (TX) Green (WI) Meeks (NY) Berman Filner Lynch Brown (OH) Grijalva Menendez Simpson Tiberi Wu Skelton Tierney Wynn Berry Foley Majette Brown (SC) Gutierrez Mica Biggert Forbes Maloney Brown, Corrine Gutknecht Michaud Slaughter Towns Young (AK) Smith (MI) Turner (OH) Young (FL) Bilirakis Ford Manzullo Brown-Waite, Harman Millender- Bishop (GA) Fossella Markey Ginny Harris McDonald NOT VOTING—37 Bishop (NY) Frank (MA) Marshall Burgess Hart Miller (MI) Bishop (UT) Franks (AZ) Matheson Burns Hastings (FL) Miller (NC) Barton (TX) Gonzalez Miller (FL) Blackburn Frelinghuysen Matsui Burr Hastings (WA) Miller, Gary Bell Granger Moran (VA) Blumenauer Frost McCarthy (MO) Burton (IN) Hayes Miller, George Bishop (GA) Greenwood Ortiz Blunt Gallegly McCarthy (NY) Buyer Hayworth Mollohan Carter Hall Owens Boehlert Garrett (NJ) McCollum Calvert Hefley Moore Clay Hinchey Reyes Boehner Gerlach McCotter Camp Hensarling Moran (KS) Cox Hinojosa Rodriguez Bonilla Gibbons McCrery Cannon Herger Murphy Crane Jackson-Lee Schiff Bonner Gilchrest McDermott Cantor Hill Murtha Cummings (TX) Sweeney Bono Gillmor McGovern Davis (IL) Johnson, Sam Capito Hobson Musgrave Tauzin Boozman Gingrey McHugh Diaz-Balart, M. Kennedy (RI) Capps Hoeffel Myrick Toomey Boswell Goodlatte McInnis Doggett Kucinich Capuano Hoekstra Nadler Udall (CO) Boucher Gordon McIntyre Fossella LaTourette Cardin Holden Napolitano Wicker Boyd Goss McKeon Cardoza Holt Neal (MA) Gephardt Lofgren Bradley (NH) Graves McNulty Carson (IN) Honda Nethercutt Brady (PA) Green (TX) Meehan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson (OK) Hooley (OR) Neugebauer Brady (TX) Green (WI) Meek (FL) Case Hostettler Ney The SPEAKER pro tempore (during Brown (OH) Greenwood Meeks (NY) Castle Houghton Northup the vote). Members are advised 2 min- Brown (SC) Grijalva Menendez Chabot Hoyer Norwood Brown, Corrine Gutierrez Mica Chandler Hulshof Nunes utes remain in this vote. Brown-Waite, Gutknecht Michaud Chocola Hunter Nussle Ginny Harman Millender- Clyburn Hyde Oberstar 1049 Burns Harris McDonald Coble Inslee Obey b Burr Hart Miller (MI) Cole Isakson Olver So (two-thirds having voted in favor Burton (IN) Hastings (FL) Miller (NC) Collins Israel Osborne Buyer Hastings (WA) Miller, Gary Conyers Issa Ose thereof) the rules were suspended and Calvert Hayes Miller, George Cooper Istook Otter the Senate bill, as amended, was Camp Hayworth Mollohan Costello Jackson (IL) Oxley passed. Cannon Hensarling Moore Cramer Jefferson Pallone Cantor Herger Moran (KS) Crenshaw Jenkins Pascrell The result of the vote was announced Capito Hill Murphy Crowley John Pastor as above recorded. Capps Hobson Murtha Cubin Johnson (CT) Paul A motion to reconsider was laid on Capuano Hoeffel Musgrave Culberson Johnson (IL) Payne Cardin Hoekstra Myrick Cunningham Johnson, E. B. Pearce the table. Cardoza Holden Nadler Davis (AL) Jones (NC) Pelosi Carson (IN) Holt Napolitano Davis (CA) Jones (OH) Pence f Carson (OK) Honda Neal (MA) Davis (FL) Kanjorski Peterson (MN) Case Hooley (OR) Nethercutt Davis (TN) Kaptur Peterson (PA) Castle Hostettler Neugebauer Davis, Jo Ann Keller Petri EXPRESSING SENSE OF CONGRESS Chabot Houghton Ney Davis, Tom Kelly Pickering Chandler Hoyer Northup Deal (GA) Kennedy (MN) Pitts THAT KIDS LOVE A MYSTERY IS Chocola Hulshof Norwood DeFazio Kildee Platts A PROGRAM THAT PROMOTES Clyburn Hunter Nunes DeGette Kilpatrick Pombo LITERACY AND SHOULD BE EN- Coble Hyde Nussle Delahunt Kind Pomeroy COURAGED Cole Inslee Oberstar DeLauro King (IA) Porter Conyers Isakson Obey DeLay King (NY) Portman The SPEAKER pro tempore (Mr. Cooper Israel Olver DeMint Kingston Price (NC) Costello Issa Osborne EHBERG Deutsch Kirk Pryce (OH) R ). The unfinished business is Cramer Istook Ose Diaz-Balart, L. Kleczka Putnam the question of suspending the rules Crenshaw Jackson (IL) Otter Dicks Kline Quinn and agreeing to the concurrent resolu- Crowley Jefferson Oxley Dingell Knollenberg Radanovich tion, H. Con. Res. 373. Cubin Jenkins Pallone Dooley (CA) Kolbe Rahall Culberson John Pascrell Doolittle LaHood Ramstad The Clerk read the title of the con- Cunningham Johnson (CT) Pastor Doyle Lampson Rangel current resolution. Davis (AL) Johnson (IL) Payne Dreier Langevin Regula Davis (CA) Johnson, E. B. Pearce Duncan Lantos Rehberg The SPEAKER pro tempore. The Davis (FL) Jones (OH) Pelosi Dunn Larsen (WA) Renzi question is on the motion offered by Davis (TN) Kanjorski Pence Edwards Larson (CT) Reynolds the gentleman from Georgia (Mr. Davis, Jo Ann Kaptur Peterson (MN) Ehlers Latham Rogers (AL) GINGREY) that the House suspend the Davis, Tom Keller Peterson (PA) Emanuel Leach Rogers (KY) Deal (GA) Kelly Petri Emerson Lee Rogers (MI) rules and agree to the concurrent reso- DeFazio Kennedy (MN) Pickering Engel Levin Rohrabacher lution, H. Con. Res. 373, on which the DeGette Kildee Pitts English Lewis (CA) Ros-Lehtinen yeas and nays are ordered. Delahunt Kilpatrick Platts Eshoo Lewis (GA) Ross DeLauro Kind Pombo Etheridge Lewis (KY) Rothman This will be a 5-minute vote. DeLay King (IA) Pomeroy Evans Linder Roybal-Allard The vote was taken by electronic de- DeMint King (NY) Porter Everett Lipinski Royce vice, and there were—yeas 388, nays 11, Deutsch Kirk Portman Farr LoBiondo Ruppersberger Diaz-Balart, L. Kleczka Price (NC) Fattah Lowey Rush answered ‘‘present’’ 1, not voting 33, as Diaz-Balart, M. Kline Pryce (OH) Feeney Lucas (KY) Ryan (OH) follows: Dicks Knollenberg Putnam

VerDate jul 14 2003 00:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.006 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H933 Quinn Sessions Tiahrt PROVIDING FOR CONSIDERATION possibility that it may report a rule to Radanovich Shadegg Tiberi OF H.R. 339, PERSONAL RESPON- give every Member of Congress an op- Rahall Shaw Tierney Ramstad Shays Towns SIBILITY IN FOOD CONSUMPTION portunity to have their amendment Rangel Sherman Turner (OH) ACT heard on the House Floor, giving Mem- Regula Sherwood Turner (TX) Mr. SESSIONS. Mr. Speaker, by di- bers ample time to draft and submit Rehberg Shimkus Udall (NM) their amendments for consideration. Renzi Shuster Upton rection of the Committee on Rules, I Reynolds Simmons The rule also provides one hour of Van Hollen call up House Resolution 552 and ask Rogers (AL) Simpson general debate, equally divided and Vela´ zquez Rogers (KY) Skelton for its immediate consideration. Visclosky The Clerk read the resolution, as fol- controlled by the chairman and rank- Rogers (MI) Slaughter ing member of the Committee on the Rohrabacher Smith (MI) Vitter lows: Ros-Lehtinen Smith (NJ) Walden (OR) Judiciary, and allows the amendment H. RES. 552 Ross Smith (TX) Walsh in the nature of a substitute to be con- Rothman Smith (WA) Wamp Resolved, That at any time after the adop- sidered an original bill for the purpose Waters Roybal-Allard Snyder tion of this resolution the Speaker may, pur- of amendment, and that it shall be con- Ruppersberger Solis Watson suant to clause 2(b) of rule XVIII, declare the Rush Spratt Watt House resolved into the Committee of the sidered as read. Ryan (OH) Stark Waxman Whole House on the state of the Union for The rule waives all points of order Ryan (WI) Stearns Weiner consideration of the bill (H.R. 339) to prevent against the committee amendment in Ryun (KS) Stenholm Weldon (FL) frivolous lawsuits against the manufactur- the nature of a substitute and provides Sabo Strickland Weldon (PA) ers, distributors, or sellers of food or non-al- that only the authoring Member or a Sa´ nchez, Linda Stupak Weller T. Sullivan Wexler coholic beverage products that comply with designee may offer a preprinted amend- Sanchez, Loretta Sweeney Whitfield applicable statutory and regulatory require- ment. Finally, the rule provides the Sanders Tanner Wilson (NM) ments. The first reading of the bill shall be Sandlin Tauscher minority with one motion to recommit Wilson (SC) dispensed with. General debate shall be con- Saxton Taylor (MS) either with or without instructions. Wolf fined to the bill and shall not exceed one Schakowsky Taylor (NC) Mr. Speaker, I rise today to intro- Schrock Terry Woolsey hour equally divided and controlled by the duce the rule for H.R. 339, the Personal Wu chairman and ranking minority member of Scott (GA) Thomas Responsibility and Food Consumption Scott (VA) Thompson (CA) Wynn the Committee on the Judiciary. After gen- Sensenbrenner Thompson (MS) Young (AK) eral debate the bill shall be considered for Act. This bill is common sense legisla- Serrano Thornberry Young (FL) amendment under the five-minute rule. It tion that requires courts to dismiss NAYS—11 shall be in order to consider as an original frivolous lawsuits seeking damages for bill for the purpose of amendment under the injuries resulting from obesity and its Burgess Goode Paul five-minute rule the amendment in the na- Collins Hefley Royce attendant health problems that are ture of a substitute recommended by the Everett Jones (NC) Tancredo filed against the manufacturers, dis- Flake Kingston Committee on the Judiciary now printed in tributors, sellers, marketers, and ad- the bill. The committee amendment in the vertisers of any food product by a ANSWERED ‘‘PRESENT’’—1 nature of a substitute shall be considered as Souder read. All points of order against the com- claimant or their spouse, parent, or child. That is, simply put, what this NOT VOTING—33 mittee amendment in the nature of a sub- stitute are waived. No amendment to the bill does, and I would like to congratu- Ackerman Granger Moran (VA) committee amendment in the nature of a late our chairman of the Committee on Barton (TX) Hall Ortiz substitute shall be in order except those Bell Hinchey the Judiciary, the gentleman from Wis- Owens printed in the portion of the Congressional Carter Hinojosa Reyes consin (Mr. SENSENBRENNER) and the Clay Jackson-Lee Rodriguez Record designated for that purpose in clause bill’s sponsor, the gentleman from 8 of rule XVIII and except pro forma amend- Cox (TX) Schiff (Mr. KELLER) for their hard Crane Johnson, Sam ments for the purpose of debate. Each Tauzin work in bringing this legislation to the Cummings Kennedy (RI) Toomey amendment so printed may be offered only Davis (IL) Kucinich Udall (CO) by the Member who caused it to be printed floor for its consideration today. Doggett LaTourette Wicker or his designee and shall be considered as Despite its opponents’ claims to the Gephardt Lofgren contrary, what this bill does not do is Gonzalez Miller (FL) read. At the conclusion of consideration of the bill for amendment the Committee shall to relieve manufacturers of their exist- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE rise and report the bill to the House with ing Federal and State responsibilities The SPEAKER pro tempore (during such amendments as may have been adopted. for manufacturing, marketing, distrib- the vote). Members are advised 2 min- Any Member may demand a separate vote in uting, advertising, labeling, or selling utes remain in this vote. the House on any amendment adopted in the their products, nor does it affect exist- Committee of the Whole to the bill or to the ing State laws against deceptive trade b 1059 committee amendment in the nature of a substitute. The previous question shall be practices or lawsuits filed for the relief Mr. HEFLEY and Mr. ROYCE considered as ordered on the bill and amend- of claimants who become sick from changed their vote from ‘‘yea’’ to ments thereto to final passage without inter- tainted food products. This bill is a ‘‘nay.’’ vening motion except one motion to recom- carefully crafted bill to address a spe- So (two-thirds having voted in favor mit with or without instructions. cific problem: to put an end to frivo- thereof) the rules were suspended and The SPEAKER pro tempore. The gen- lous lawsuits that have been filed the concurrent resolution was agreed tleman from (Mr. SESSIONS) is against the lawful and productive food to. recognized for 1 hour. services industry, an industry that pro- The result of the vote was announced Mr. SESSIONS. Mr. Speaker, for the vides 12 million Americans with jobs as above recorded. purpose of debate only, I yield the cus- and is the Nation’s largest private sec- A motion to reconsider was laid on tomary 30 minutes to my friend, the tor employer. And, it accomplishes this the table. gentleman from Massachusetts (Mr. while protecting all of the other rights currently given to consumers. PERSONAL EXPLANATION MCGOVERN), pending which I yield my- self such time as I may consume. This bill simply codifies the current Mr. ORTIZ. Mr. Speaker, due to official busi- tort law of every State in America that ness, I was unable to vote during the following b 1100 already has preventive injury claims rollcall votes. Had I been present, I would During consideration of this resolu- based on obesity and makes permanent have voted as indicated below. tion, all time is yielded for the pur- what a recent Gallup poll has shown Rollcall Vote No. 42 ‘‘yea’’; rollcall Vote No. poses of debate only. that 89 percent of Americans already 43 ‘‘yea’’; rollcall Vote No. 44 ‘‘yea’’; rollcall Mr. Speaker, the resolution before us knew: that lawsuits against the food Vote No. 45 ‘‘yea’’; rollcall Vote No. 46 ‘‘yea’’; is a fair and open rule that allowed industry are an attempt by the trial and rollcall Vote No. 47 ‘‘yea.’’ every single Member of this body to bar to make an end-run around our Na- PERSONAL EXPLANATION offer any amendment that they wished tion’s established democratic process Mr. CARTER. Mr. Speaker, during rollcall to debate after simply having it through litigation. H.R. 339 creates a Vote Nos. 42, 43, 44, 45, 46 and 47 I was un- preprinted in the CONGRESSIONAL narrow, national solution to the prob- avoidably detained. If I had been present, I RECORD. On March 4, the Committee on lem of these costly and wasteful law- would have voted ‘‘yea.’’ Rules publicly notified Members of the suits, and establishes in Federal law

VerDate jul 14 2003 00:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.005 H10PT1 H934 CONGRESSIONAL RECORD — HOUSE March 10, 2004 the simple concept that consumers, not crease the price of food that they freely Rules said this about a Democratic the plaintiffs’ bar or a government choose to eat. rule requiring that all amendments be agency, shall have the right to choose If the House fails to pass this legisla- preprinted: ‘‘This rule also requires what they eat. tion, where will the madness end? Will amendments to be printed in the CON- Every Member of this Chamber un- sit-down restaurants, which some stud- GRESSIONAL RECORD. Now, that might derstands that obesity and the greater ies have shown often, serve food with a not sound like much, but it is another health problems that it causes, such as nutritional and caloric content similar bad policy that belittles the traditions heart disease and diabetes, is a dan- to fast food? Will they be next on the of House debate. If amendments must gerous and growing problem to Amer- trial lawyers’ hit list? Will trial law- be preprinted, then it is impossible to ica. Over the last 20 years, obesity yers target chicken producers who sup- listen to the debate on the floor, come rates have increased by more than 60 ply countless moms across America up with a new idea to improve the bill, percent among adults, and the rate of with the raw materials for homemade and then offer an amendment to incor- increase in obesity among young peo- fried chicken, or the beef producers porate that idea. Why do we need this ple has risen even more rapidly. To ad- who conspire to provide them with raw burdensome preprinting process? dress this problem, President Bush has ingredients for fattening homemade Shouldn’t the committees that report demonstrated his leadership by pro- meatloaf? Or will they simply wait for these bills have a grasp of the issues af- viding funds in his budget for general the next fad diet trend to come along fecting the legislation under their ju- health promotion activities, including and go after whoever is producing the risdiction? Again, Mr. Speaker, I think efforts to educate the public on pre- unfashionable food of the moment? we can do better.’’ venting diabetes and obesity. President Mr. Speaker, there is a cure to the Well, I agree completely with my Bush has also outlined a fitness chal- obesity problem in America. By taking friend from California. We can do bet- lenge to all Americans by asking the road to reducing the medical costs ter. Unfortunately, in this Congress, adults all across America to get at associated with obesity is the right we are actually doing worse. This year, least 30 minutes of physical activity way to do it, not in the courtroom. It of the nine rules this body considered, each day, for children and teenagers to begins when Americans decide to leave only one has been a truly open rule. get at least of physical ac- a little bit on their dinner plate and to That is a batting average of 111, which tivity each day, and for parents to run that extra mile. It begins when a will get you kicked off of my son’s T- commit to family activities that parent decides to take an active role in ball team. According to the Repub- revolve around physical activity. their child’s life and coaches their son licans’ own definition, eight out of nine But the American people understand or their daughter’s Little League team. rules have been restrictive, and that that fitness, health, and well-being is It begins the next time you or I step up one open rule brought a bill to the not something that can be legislated, to the counter and order the salad, not floor that was approved by a voice nor something that lawyers can sue the extra cheese pizza. But that should vote. for. A commitment to a healthy life- be our choice as Americans, because we Now, Mr. Speaker, as for the under- style is something that everyone must know best that we make better deci- lying bill, this is an unnecessary dis- make for themselves, and it is a matter sions than the government or than traction from the real problems facing of personal responsibility. People all trial lawyers can make for us. These the American people. In August 2002, across this country understand that are decisions that Americans can and two children brought suit against since 2002, trial lawyers have been should make for themselves. Unlike McDonald’s, claiming the corporation sizing up the deep pockets of the food the opponents of this bill, I trust the bore legal responsibility for their obe- industry and are ready to pounce upon American people and believe that sity and health problems. The case got them when they see a golden oppor- Americans are smart enough to make a great deal of media attention which tunity to reap billions of dollars for these decisions for themselves. is, I am sure, part of why we are doing themselves by filing these lawsuits Mr. Speaker, I support this rule, and this thing today. The judge working on against the productive . I support the well-crafted underlying the case quickly recognized that this John Bahnzaf, one of the lead litiga- bill of the gentleman from Florida (Mr. lawsuit was clearly frivolous and dis- tors of these frivolous suits, has pub- KELLER). missed the case. licly announced that his goal is to Mr. Speaker, I reserve the balance of In other words, Mr. Speaker, the sys- ‘‘open the floodgates’’ of the litigation my time. tem worked. But that is not good against the food industry because, he Mr. MCGOVERN. Mr. Speaker, I enough for the Republicans. Now they says, ‘‘Somewhere there is going to be thank the gentleman from Texas (Mr. want to radically change the rules, not a judge and a jury that will buy this, SESSIONS) for yielding me the cus- just so Americans cannot bring forth and once we get the first verdict, as we tomary 30 minutes, and I yield myself so-called frivolous lawsuits, but so that did with tobacco, it will open up the 8 minutes. almost any case of negligence against floodgates.’’ All it will take to do irrep- (Mr. MCGOVERN asked and was these types of companies is banned. arable harm to consumers, the econ- given permission to revise and extend This bill is retroactive: any case cur- omy, and millions of jobs is just one his remarks.) rently pending before a judge would be judge making a nonsense opinion by Mr. MCGOVERN. Mr. Speaker, de- subject to the new law. Mr. Speaker, falling victim to what the trial lawyers spite the rhetoric coming from the you do not change the rules during the wish to do. I believe it is Congress’s ob- other side, this is not an open rule. middle of the game, but that is just ligation to allow commerce to proceed This rule requires that any Member what this bill does. by preventing these suits from wasting who wants to improve this bill must This bill has many, many, many the time of our courts and the re- have already preprinted their amend- problems, and my colleagues on the sources of a lawful industry. ment in yesterday’s CONGRESSIONAL Committee on the Judiciary will talk By passing this legislation today, the RECORD. Now, it is interesting to note more about the merits or lack of mer- House will tell consumers, investors, that when they were in the minority, its of the bill during general debate. and countless employees of local Mom the Republicans condemned But there are bigger issues here. and Pop burger joints all across Amer- preprinting requirements, but now that Mr. Speaker, obesity is a problem, ica that we care about them and their they are in power, they find this and and this week we learned that obesity jobs, and that we will make sure that other procedures to close the process will soon pass smoking as the leading we will protect them. We will be telling completely acceptable. In fact, even cause of preventable deaths. Ameri- Americans we think that they are the very distinguished chairman of the cans, especially children, are gaining smart enough to decide what they Committee on Rules, the gentleman weight at alarming rates. In fact, ac- choose to put in their own mouth, and from California (Mr. DREIER) agrees cording to the National Alliance for we will be helping those everyday that preprinting requirements are Nutrition and Activity, obesity is the working Americans who rely on fast, wrong, or at least he used to. Nation’s fastest rising public health affordable nutrition in their hectic On July 20, 1993, the very distin- problem. According to the Department lives, not by allowing the courts to in- guished chairman of the Committee on of Health and Human Services,

VerDate jul 14 2003 00:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.014 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H935 unhealthy eating and inactivity cause leadership can find the time to try to there a power surge last night or was it about 1,200 deaths every day. That is ram another partisan corporate tax cut a full Moon? Someone has awakened five times more than the number of through the House that will not ad- the Franken-Food Monster. The people killed by guns, HIV, and drug dress any real problem. amendments that have been filed last use combined. And while over 40 million Americans night appear to be nothing more than Now, adding to this is the fact that it woke up this morning without health an all-out embrace of Ralph Naderism. just does not affect the obese person; it insurance, last week the majority took Who has been in the sauce too much? puts a burden on the entire system, precious time out of their limited leg- Or maybe they need a little Hamburger from hospitals to the workplace to the islative schedule to set the rules for Helper. home. And, according to the U.S. De- commercial space flight, which does Last night I thought that the minor- partment of Agriculture, healthier not even exist yet. ity was very serious when they said to diets could prevent at least $71 billion With all the challenges facing this us that they wanted to have an open per year in medical costs, lost produc- country, and with the limited schedule amendment process for unlimited de- tivity, and lost lives. The Centers for set by the Republicans this year, is bate on this bill. I thought we were Disease Control estimates that if all this the best bill to consider? Is this going to have a serious debate, a de- physically inactive Americans became the best use of the House’s time? The bate on how to stop the economically active, we would save $77 billion in an- answer is no. And, unfortunately, the debilitating effect of frivolous lawsuits nual medical costs. And this does not Republican Party continues to ignore concerning obesity. But the amend- even begin to discuss the issue of hun- the real issues facing this country. ments that were filed last night are ger in America. And it just goes to show you how making a mockery of what is a serious Unfortunately, there are many peo- misguided and out of touch the major- issue. ple in this country who suffer from ity party continues to be. Americans, Mr. Speaker, are eating hunger and yet, paradoxically, are Mr. Speaker, the United States themselves to death and looking for obese because the little food they do House of Representatives is supposed someone to blame. Obesity and weight get is not nutritious. Low-income fami- to be a serious place. This is where the control are very serious subjects, very, lies face a real need to stretch their great issues are supposed to be debated. very serious subjects. I am reminded food dollars to maximize the number of But under this Republican leadership, regularly by Arnold Schwarzenegger calories they consume. We are finding this House has become a place where about that. And, of course, we have the that low-income families may eat foods trivial issues are debated passionately great model of President Bush, who is that may cost less, but that have rel- and serious ones not at all. probably the fittest President we have ever had. They talk about the fact that atively higher levels of calories per We should have a debate about the there are many factors to weight con- dollar to stave off hunger when they problem of obesity. And that debate trol and food consumption and health. lack the money or other resources like should include serious discussions And, obviously, fitness is numero uno, food stamps to purchase a healthier about the ways we can effectively deal with that issue. But that is not what very, very important. balance of more nutritious foods. Sim- Suing Burger King is not going to we are doing here today. What we are ply put, it becomes a trade-off between improve anyone’s health. Personal re- doing here today, quite frankly, is, food quantity and . sponsibility and accountability are once again, concocting a way to avoid Now, it is obvious to everyone, every- what are most important. We cannot doing the people’s business. one but the House Republican leader- have a serious debate, Mr. Speaker, on Mr. Speaker, I reserve the balance of ship, apparently, that obesity and hun- real issues, one about those who can my time. ger are serious public health issues use the court system for political pur- Mr. SESSIONS. Mr. Speaker, a good that need to be dealt with in serious poses on whether it is right or wrong to number of Members of Congress spend ways. force concessions or financial gain a lot of time trying to promote health through legal harassment. We are clog- b 1115 and fitness and worthiness, and one of ging the judicial system with frivolous But instead of bringing legislation those Members is with us today. He is lawsuits, we are hurting business, we before this body that will help feed the the chairman of the Committee on are putting American jobs in jeopardy, hungry, provide families with informa- Rules, from San Dimas, California. and at the same time we are clogging tion on how to prepare and eat nutri- Mr. Speaker, I yield such time as he our arteries without considering the tious meals, encourage the food and may consume to the gentleman from consequences. These are real issues restaurant industry to be more respon- California (Mr. DREIER). sible and help raise the standard of liv- that affect Americans’ everyday lives. (Mr. DREIER asked and was given So I have to ask, Why are these frivo- ing, we are here today considering a permission to revise and extend his re- lous amendments being filed by the mi- fake bill that pretends to fix a fake marks.) nority? The majority is trying to gov- problem. Mr. DREIER. Mr. Speaker, let me ern and get the people’s business done. Now, I would like to tell the Amer- just say in responding to my friend And I must ask the minority why is ican public that we are actually having from Massachusetts that this is clearly there this fraudulent frolic of frivolous a real substantive debate about obesity an open rule in the modern House that fluff. Is it intended to highlight frivo- in ways to address this national prob- we have today. We are criticized over lous lawsuits, or is it merely intended lem but we are not. And although to- the fact that we have not been able to change the subject? day’s bill would undoubtedly restrict move things; and then, Mr. Speaker, Let us get the people’s work done, lawsuits against restaurants, food when we proceed with moving legisla- unburden businesses so they can create manufacturers, and food distributors, tion forward, we do it under a proce- more jobs, and stop this bumper-stick- what it really does is highlight the pri- dure that does allow every single Mem- er gamesmanship. I believe that we orities, actually the lack of priorities, ber, every single Member who wants to should withdraw the silliness and we of this Republican-controlled Congress. offer a germane amendment the right should see those amendments, if they For example, over 760,000 Americans to do that. That is exactly what this are offered, resoundly defeated. sit at home, jobless and without any rule does. Mr. MCGOVERN. Mr. Speaker, I income because the Republicans in Mr. MCGOVERN. Mr. Speaker, would thought the gentleman from California Congress will not extend them unem- the gentleman yield for a question? was going to yield to me. ployment benefits. But the majority Mr. DREIER. Mr. Speaker, no. The Mr. DREIER. Mr. Speaker, I would be party all of a sudden can find the time gentlemen spoke for a nice long period happy to yield to the gentleman from to take up this legislation. of time. When I get done with my Massachusetts (Mr. MCGOVERN) if he While the European Union adds tar- statement, I look forward to engaging would like to pose a question to me. iffs to American goods because of a with the gentleman. I never hesitate to Mr. MCGOVERN. Mr. Speaker, I yield trade dispute, the Republican majority do that. myself such time as I may consume. continues to let a bipartisan com- Let me say that, Mr. Speaker, I have Mr. Speaker, let me ask the question promise sit and gather dust; but the to ask somewhat rhetorically, Was to the gentleman from California (Mr.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.016 H10PT1 H936 CONGRESSIONAL RECORD — HOUSE March 10, 2004 DREIER) that I wanted to ask, which stroke and arthritis, conditions the dustry, does not hurt our mom and pop was he says this is an open rule, but if CDC says will kill a half million people restaurants. Instead, as we have seen a Member is watching this debate right every year by 2005. countless times before, this majority now, either a Democrat or Republican, No one here is under the illusion that has chosen again to use a very impor- and comes up with a great idea for an there is a one-step solution to reducing tant public health issue to pursue a amendment, will that Member be al- obesity. With ads encouraging us to eat narrow and a completely unrelated po- lowed to offer his or her amendment on too much of the wrong kinds of foods, litical agenda. the floor right now? It is a simple yes neighborhoods designed for driving and Mr. Speaker, we should do something or no answer. not walking, restaurants serving ever- about obesity in this country, but this Mr. DREIER. Mr. Speaker, the an- increasing portion sizes, McDonalds’ bill is not the way to go about it. swer is no, not at this moment. Let me announcement this week notwith- Mr. SESSIONS. Mr. Speaker, I yield say, if the gentleman would continue standing, slowing the obesity epidemic such time as he may consume to the to yield, let me say that any Member will take a multifaceted effort. gentleman from (Mr. NEY), the had the opportunity last night to file And Congress has an obligation to chairman of the Committee on House an amendment. engage itself in that effort. There are Administration. Mr. MCGOVERN. Mr. Speaker, I re- countless other steps we could take Mr. NEY. Mr. Speaker, I thank my claim my time. that would support Americans’ efforts colleague from Texas (Mr. SESSIONS), I also point out again the gentleman to eat well, maintain a healthy weight, who has done such a good job on fram- (Mr. DREIER) talks about the openness such as getting junk food out of ing the proper type of debate on this of the Committee on Rules, but let me schools, strengthening the Centers for rule today and has done a good job on use his definitions, the definitions of Disease Control nutrition and physical the rule. the Republicans when they were in the activity division, fully funding CDC’s Mr. Speaker, I rise today in strong minority. Under those definitions, this VERB campaign, which promotes phys- support of House Resolution 552 and year of the nine rules we have had, one ical activity in young people. the underlying bill itself, H.R. 339, the has been open, one has been closed, one With legislation I have introduced, Personal Responsibility and Food Con- was procedural, and there were six re- the Meal Education and Labeling Act, sumption Act. strictive rules. This is hardly any kind we could strike a real blow at frivolous As original cosponsor of H.R. 339, I of an example. litigation aimed at restaurants and at commend the gentleman from Florida Mr. DREIER. Mr. Speaker, would the the same time we can actually do (Mr. KELLER) for introducing, I think, gentleman yield for a question? something about obesity. It addresses a very important piece of legislation Mr. MCGOVERN. Mr. Speaker, I will not. Mr. Speaker, I control the time. one of leading causes of the rise in obe- and the distinguished chairman of the The SPEAKER pro tempore (Mr. sity rates and that is the fact that peo- Committee on the Judiciary, the gen- REHBERG). The gentlemen reclaims his ple are eating out more frequently. tleman from Wisconsin (Mr. SENSEN- time. Today, we spend about half of our BRENNER), for working towards its pas- Mr. MCGOVERN. Mr. Speaker, I will food dollars at restaurants. In 1970, sage. extend the same courtesy to the gen- Americans spent just 26 percent of When this situation occurred, I think tleman that he extended to me. their food dollars on restaurant meals. it was the first time in New York, and Mr. Speaker, I yield 5 minutes to the Children eat almost twice as many cal- as a parent I can relate to this, it distinguished gentlewoman from Con- ories when they eat at a restaurant as clearly pointed to the fact that a par- necticut (Ms. DELAURO), who has been they do when they eat at home. ent could not control their child, could a champion on the issue of nutrition The Meal Education Labeling Act not control how many times they went issues. would extend nutrition labeling beyond to a restaurant per day or where they Ms. DELAURO. Mr. Speaker, only packaged foods that you find at your went to, no form of responsibility. So with this Republican leadership would grocery store to include foods at fast- they just ended up going with some an effort to promote personal responsi- food and other chain restaurants. It plaintiffs’ lawyers and they filed a law- bility begin with allowing companies would do it by requiring fast-food and suit. to be irresponsible without account- chain restaurants, that is, companies Now, there are serious issues that ability. Unless the public be confused with 20 or more restaurants under the have been discussed by both sides of that the Republicans are actually con- same trade name, not mom and pop the aisle about obesity and what, in cerned with doing something about the restaurants, they would have to list fact, should happen, and exercise. And obesity epidemic in this country that calories, saturated plus trans fats, and we can get into those issues. But I be- we have heard so much about, this leg- sodium on printed menus and calories lieve, Mr. Speaker, firmly, and I said it islation has little to do with pre- on menu boards. But most impor- at the time the day those lawyers ran venting what the Centers for Disease tantly, it would give consumers the around and started this with the law- Control yesterday said will be this Na- necessary nutritional information to suits, our judicial system that day was tion’s leading cause of preventable make healthy choices for themselves. hijacked. deaths by next year. You might think that Americans do b 1130 Rather, by shielding manufacturers, not want to be bothered with addi- distributors, and food sellers from li- tional information they supposedly al- It has been hijacked by greedy, ability, this bill is the next installment ready know, but the evidence suggests blood-sucking, immoral plaintiffs’ at- in the majority’s series of tort reform otherwise. Not only do three-quarters torneys. They have made a ridiculous bills in disguise, attempting to give yet of American adults report using the situation, and they have made the ri- another industry open-ended protec- food labels on a regular basis that they diculous the reality. What was once tion so irresponsible conduct is not find on packaged foods in the grocery thought of as a hilarity on late-night punished or held accountable. stores, but 48 percent say the nutrition comedy shows has been brought into But that should not distract us from information on those labels has caused mainstream media by absurd frivolous discussing the very real problem of them to change their minds about what lawsuits. obesity in this country. Obesity affects they buy. The situation really is not laughable, nearly 65 percent of adults. The rates Giving people the information that though it is scary. These actions are are rising. The problem is even more they need to make informed decisions clogging our courts, driving our doc- pressing for teens, teenage obesity about what they eat is the kind of ap- tors out of practice, and are killing rates tripling in the last 20 years. All proach that this body should be taking business growth in our great Nation, if told, obesity costs the Nation $117 bil- today in addressing obesity. we want to talk about jobs today. lion a year in health care and related We may avoid litigation if we move What is the purpose, you may ask? costs, the single largest drain or our in this direction. That is a real step to- Will they promote social justice or Nation’s health care system. ward helping encourage personal re- make America safer? The answer is no. Obesity leads to diabetes, high blood sponsibility in food consumption. It These suits are to line the pockets of pressure, coronary heart disease, can be done in a way that protects in- America’s trial bar. Contingency fees

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.019 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H937 of 40 percent plus court costs leave law- Mr. Speaker, all these insane, crazy The new estimates of the rising toll of obe- yers enriched and their clients baffled. lawsuits that people are referring to sity come in the first update of a landmark In big-time class actions, lawyers are are getting dismissed and the system paper that ranked the nation’s preventable causes of death in 1990. hauling in fees that range as high as seems to be working. Cigarette smoking, which increases the $30,000 per hour. I guarantee you that We have a real problem and this bill risk of a host of illnesses including lung can- their clients are not receiving awards does not address that problem in any cer, emphysema and heart disease, topped at that same rate. way, shape, or form. If anything, this that list. But antismoking campaigns have Now, Mr. Speaker, the same class-ac- bill says to the restaurant industry and led to a steady decline in the number of tion lawyers that have sued other in- the food industry, you do not have any Americans who use tobacco, slowing the rise dustries are turning towards our res- responsibility, you do not have any re- in the resulting toll of illness and death. taurant industry, pure and simple. In the new analysis, published in today’s sponsibility to our kids and the type of Journal of the American Medical Associa- They have held strategy sessions and products that you try to peddle to tion, Gerberding and her colleagues con- seminars to hatch their schemes esti- them. I think that is the wrong mes- ducted a comprehensive review of the med- mating they could reap hundreds of bil- sage. ical literature to calculate the most precise lions of dollars in settlements from the Mr. Speaker, I include in the RECORD estimate possible of the risk of dying from so-called obesity lawsuits. an article that appeared in today’s all the leading causes of preventable death, The lawsuits charge that children are Washington Post entitled ‘‘Obesity including being obese or overweight. They overweight because of cheap fast food Passing Smoking As Top Avoidable then multiplied that risk by the number of Americans known to be overweight or obese, and aggressive by res- Cause of Death.’’ taurants. But when you look at the un- based on long-term, ongoing national sur- [From the Washington Post, Mar. 10, 2004] veys used to track the nation’s health, which derlying fact, it is clear that the Amer- OBESITY PASSING SMOKING AS TOP AVOIDABLE are the most accurate data available. The re- ican tort system is being exploited CAUSE OF DEATH sult, the researchers said, is the most reli- once again, pure and simple. Statistics (By Rob Stein) able such estimate to date. Tobacco still ranked No. 1, accounting for from the National Bureau of Economic America’s weight problem is rapidly over- about 435,000 deaths, or 18.1 percent of the Research show that 60 percent of Amer- taking cigarette smoking as the leading total. But poor diet and physical inactivity icans’ weight gain over the past 2 dec- cause of preventable deaths, federal health were close behind and rapidly increasing, ade is attributable to increases in sed- officials reported yesterday. causing 400,000 deaths, or 16.6 percent. That Although tobacco is still the top cause of entary life-styles. represented a dramatic change from 10 years avoidable deaths, the widespread pattern of The American Academy of Pediatrics earlier, when tobacco killed 400,000 Ameri- physical inactivity combined with has found that only 20 percent of chil- cans (19 percent) and poor diet and physical unhealthful diets is poised to become No. 1 dren participated in daily physical edu- inactivity killed 300,000 (14 percent). cation programs in 1999, compared to 80 because of the resulting epidemic of obesity, ‘‘There’s been a big narrowing of the gap,’’ officials said. percent in 1969. Nutritional data shows said Ali H. Mokdad, who heads the CDC’s be- ‘‘Obesity is catching up to tobacco as the havioral research branch. It is particularly that teen obesity rose 10 percent in 1980 leading cause of death in America. If this and the year 2000. Teens’ caloric intake striking because the toll of every other lead- trend continues it will soon overtake to- ing cause of preventable death—including al- rose only 1 percent during that time, bacco,’’ said Julie L. Gerberding, director of cohol, infections, accidents, guns and drugs— while their levels of physical activity the federal Centers for Disease Control and steadily decreased over the same period, dropped by 13 percent. Prevention, which conducted the study. Mokdad said. Mr. Speaker, the judicial system is If current trends continue, obesity will be- Despite intense public concern, the number being used by industrious law firms come the leading cause by next year, with of overweight or obese Americans has con- the toll surpassing 500,000 deaths annually, and plaintiffs’ lawyers who sue without tinued to climb to epidemic proportions. In rivaling the number of annual deaths from 1990, about 60 percent of adult Americans repercussion. Their strategy is simple: cancer, the researchers found. sue until the defendants concede; once were either overweight or obese, including ‘‘This is a tragedy,’’ Gerberding said. ‘‘We about 20 percent who were obese. By 2000, the restaurant company settles, the are looking at this as a wake-up call.’’ that number had climbed to 64 percent being flood gates will open. Being overweight or obese makes people obese or overweight, including about 30 per- As you can tell, I am not an attorney much more likely to develop a variety of cent who were obese. myself, I am a teacher by degree, but I deadly health problems, including diabetes, ‘‘Physical inactivity and poor diet is still have been around long enough to know heart disease and cancer. on the rise. So the mortality will still go up. In response, the Bush administration an- That’s the alarming part—the behavior is that opening the flood gates of litiga- nounced a new public education program tion is bad news. It is bad news for our still going in the wrong direction,’’ Mokdad yesterday, including a humorous advertising said. courts. It is bad news for our doctors. campaign that encourages Americans to Experts praised the government for high- It is bad news for business. It is ulti- take small steps to lose weight. In addition, lighting the worrisome trend and taking mately bad news for America. the National Institutes of Health proposed countermeasures. But several said the sever- The restaurant industry employs an anti-obesity research agenda. Tomorrow, ity of the problem warrants a much more in- more than 12 million Americans. Res- a special task force will present the Food tensive, innovative response. taurant companies lose just by being and Drug Administration with recommenda- ‘‘If we just count on the American popu- forced to defend these types of crazy tions on what that agency can do to help re- lation to change their eating habits and ex- verse the cresting public health crisis. ercise habits, we’re going to continue to lawsuits. They are forced to shift pre- ‘‘Americans need to understand that over- cious resources away from expanding have obesity,’’ said Richard L. Atkinson, weight and obesity are literally killing us,’’ president of the American Obesity Associa- their business and creating jobs and to- said Health and Human Services Secretary tion. ‘‘What we’re doing is not working.’’ wards defending lawsuits solely filed to Tommy G. Thompson. ‘‘To know that poor The government should consider more in- satisfy the insatiable appetites of the eating habits and inactivity are on the verge novative strategies than simply encouraging plaintiffs’ bar. of surpassing tobacco use as the leading people to eat better and exercise, such as Mr. Speaker, it is the Congress’s obli- cause of preventable death in America subsidizing the cost of healthful foods such gation to give American businesses the should motivate all Americans to take ac- as fresh fruits and vegetables to make it tools necessary to defend themselves tion to protect their health.’’ more affordable to eat well. Critics, however, immediately denounced from this type of litigation. There are ‘‘Let’s start looking at things that make a the moves as inadequate, saying the admin- difference,’’ Atkinson said. proper times for lawsuits; I know that. istration should take more aggressive steps The federal government could take much There is a way to work at this. We have to encourage more healthful diets, and force more dramatic action, said Yale’s Brownell. to look at exercise and education and the food industry to improve its products The Department of Agriculture ‘‘has the responsibility within the restaurant in- and stop advertising junk food to children. power to get rid of soft drinks and snack dustry and within the American popu- ‘‘The government should have been much foods in the schools, and they’re not. The lation, period. But these insane and more aggressive about this much earlier,’’ [Federal Trade Commission] could deal with crazy lawsuits are absolutely not the said Kelly Brownell, director of Yale Univer- the wave of unhealthy food advertising sity’s Center for Eating and Weight Dis- way. I think the gentleman from Flor- aimed at children. The government could orders. ‘‘Even now, the administration de- change agriculture policy to subsidize the in- ida (Mr. KELLER) has a responsible ap- faults to explaining the problem away by in- dustry making healthy foods instead of proach to this problem. dividual responsibility and lack of physical unhealthy ones,’’ he said. Mr. MCGOVERN. Mr. Speaker, I yield activity rather than focusing on the toxic Officials rejected suggestions that the ad- myself such time as I may consume. food environment.’’ ministration take more dramatic steps, such

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.021 H10PT1 H938 CONGRESSIONAL RECORD — HOUSE March 10, 2004 as requiring food labeling at fast-food res- state or mandate that they reinstate Now, let us talk about the process a taurants or prohibiting certain sugary, fatty physical education; but since it will be little bit. I support this rule, an open products in schools. a Federal mandate, give them some modified rule; and let me tell you a lit- ‘‘I don’t want to start banning things,’’ Thompson said. ‘‘Prohibition has never help with the Federal mandate, some- tle bit about the background here. It is worked.’’ thing that the majority party has true based on an independent Gallup Officials have ‘‘been elated by the re- failed to do with No Child Left Behind poll that nearly nine in 10 Americans sponse’’ of the private sector to promote and other mandates here in the Con- oppose holding the fast-food industry more healthful lifestyles, Surgeon General gress. legally responsible for the diet-related Richard H. Carmona said. ‘‘Everything we’ve But let us send down a rule: we will health problems of people who eat that seen from the industry has been positive.’’ have physical fitness. It will be manda- kind of food on a regular basis. Inter- Thompson urged Congress to pass legisla- estingly, overweight people oppose this tion granting tax credits to people who lose tory. We will have kids able to play weight, and said he has been lobbying health sports without having to pay and the just like skinny people do; Republicans insurers to cut rates for those who lose Federal Government seeing that being just like Democrats do. The country weight or exercise. in the national interest to avoid a cri- overwhelmingly, 89 percent, opposes Mr. Speaker, I yield 3 minutes to the sis in health care caused by prevent- these types of lawsuits. gentleman from Oregon (Mr. DEFAZIO). able illness, caused by obesity, we are Yet, nevertheless, every step of the Mr. DEFAZIO. Mr. Speaker, I thank going to take those steps. But that is way we have given this small percent the gentleman for yielding me time. not an amendment that would be al- of the people and their representatives I have been intimidated to follow the lowed to this bill; that is not the sub- who think it is a good idea the oppor- chairman to the well since he does ject here today. Instead, we will hear tunity to have their fair say. We had a have impeccable credentials in the area little funny speeches on that side hearing on this bill and allowed the mi- of nutrition. He is the gentleman re- where people will link together alliter- nority to call witnesses that they sponsible for renaming French fries ations, as did the esteemed chairman of wanted. What witness did they call? and French toast, although, of course, the committee, not dealing with the What guy did they think most helped that did not do much for the caloric real problem. them? They called a man named John content of those food items. Here we are. We will be done early Banzhaf who said, ‘‘Somewhere there is But we do have a serious problem in today. Do not have a highway bill. Do going to be a judge and a jury that will this country; and, unfortunately, this not have extended unemployment ben- buy this, and once we get the first ver- bill and this debate will not rise to efits. We cannot even get labels on our dict as we did with tobacco, it will that issue. The statistics show an food that are meaningful for country of open up the flood gates.’’ That is who alarming increase in obesity among origin. Congress is being defied by the they called. adults and, most alarmingly, an ex- administration. Do we have time for So when we talk about opening up traordinary increase in our youth. This those real issues? No, but we have time the flood gates, that this is a problem, can and will lead to real health prob- for this little frolic. and then they come today and say, it is lems. Those were talked about pre- This is a pretty sad day in the House not a problem, what are we doing here? viously. of Representatives. Let us deal with There is no problem. Yet their own wit- So we have a real problem. This this real problem and deal with it seri- nesses tell us they want to open up the could become a crisis and the question ously and appropriately. flood gates. But they had their hearing. is, Why are we here today? Is there a Mr. SESSIONS. Mr. Speaker, I yield We then had a mark-up. We let them crisis in litigation? Yes, there have such time as he may consume to the offer any amendments they wanted to. been a few flaky lawsuits filed that gentleman from Orlando, Florida (Mr. The amendments were shot down. have been dismissed, including one KELLER), the original sponsor of the After the mark-up, we then moved it being dismissed with prejudice, some- bill. to the floor. I appeared before the Com- thing judges do not do routinely. Mr. KELLER. Mr. Speaker, I thank mittee on Rules. I did not say I wanted I think the majority is demeaning the gentleman for yielding me time. a closed ruled or anything. I said, I the intelligence of our juries, of the I support the rule, and I support the trust the Committee on Rules to fash- Americans who will sit there and cast bill as well. I wanted to briefly just ion the appropriate rule, and they gave judgment on their peers and say, no, touch on three issues. First, a little bit them this open rule that any Member have a little self-control; they did not about the bill’s substance; second, I of 435 can offer something provided it is make you eat that food. That is what want to talk about the process which preprinted in the RECORD. So we have the juries and judges have said so far, led up to this fair rule; and, third, just been pretty fair about the process here, and I think they will continue to say. to touch on the childhood obesity issue especially given the fact that their op- But beyond that, they have said fit- which recently has been raised by my position has so little support among ness and health cannot be legislated. colleagues on the other side of the the American people. Well, they might remember a former aisle. Third, let me address the issue of Republican who had a little more pro- First, in terms of the bill’s sub- childhood obesity. Childhood obesity is ductive idea about this, Dwight David stance, the gist of this legislation is a very serious problem in this country. Eisenhower. He brought about the that there should be common sense in In the past 30 years the childhood obe- Presidential Fitness Program in the the food court, not blaming other peo- sity rates have doubled. Why is that? 1950s, mandatory physical education in ple in the legal court. We need to get Well, I do not stand before you in the all the schools in America because of back to the old-fashioned principles of well of Congress and hold myself out as concerns of so many males failing the common sense and personal responsi- the world’s leading expert in fitness physical for the draft in World War II bility and get away from this new cul- and health. But I did have the happy and Korea. That was mandated when I ture where everybody plays the victim privilege of questioning Dr. Kenneth was a kid growing up, and then sports and tries to blame others for their Cooper on February 12 of this year, who were free. problems. appeared before the Committee on Edu- What do we have today? Most States, Now, I have heard from some of the cation and the Workforce who is the fa- many States no longer have mandatory other speakers that this is a frolic; this ther of the aerobics movement, and no- physical education. They say they can- is just a waste of time. We should be body is more well respected. This is not afford it. In my State, kids have to talking about jobs. Well, it is inter- what he said: ‘‘Thirty years ago did pay to play sports. So many of them do esting to me because we are talking kids come home from school and eat not do it. about protecting the single largest pri- potato chips and cup cakes and cook- What we could do a lot more produc- vate sector employer in the United ies? They absolutely did, just like they tively here today on the floor would be States that provides 12 million jobs. do today. The difference is they then to consider legislation to add a little Why do these people pretend to love went out and rode their bikes and amendment to the so-called No Child jobs yet hate the employers who create played with their friends and did all Left Behind bill that would help our these jobs? It defies common sense as other sorts of things.’’ Nowadays, he States, our local school districts rein- much as their opposition to this bill. said, those same kids come home from

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.011 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H939 school and sit on the couch and play Mr. Speaker, I yield 3 minutes to the be debating Kevin’s Law to put some video games and watch TV. He told us gentlewoman from California (Ms. teeth into our system. the average child spends only 900 hours ESHOO). If there is something that the Amer- a year in school and 1,023 hours in front Ms. ESHOO. Mr. Speaker, I thank the ican people I think have taken for of that TV set playing video games or distinguished Member from the Com- granted are our very, very high stand- watching TV. mittee on Rules for yielding me time. ards in terms of food safety, but they Meanwhile, we now have only one Mr. Speaker, I rise today urging my do not necessarily exist any longer. So State in the country, Illinois, that colleagues to oppose this rule and re- I urge my colleagues to defeat this rule mandates physical education programs. ject the Personal Responsibility in and reject the underlying bill. I asked Dr. Kenneth Cooper, Do you Food Consumption Act. Mr. SESSIONS. Mr. Speaker, I would think these lawsuits against the fast- I think this is a trivial bill about like to notify my colleague that we do food companies are going to make any- obesity lawsuits that have not resulted not have any further speakers at this one skinnier? He said, absolutely not. in a cent in damages against anyone. time, and I would entertain him to Is it going to help to put a tax on So this is not about fixing something please feel free to run down that time Twinkies? Is that going to make people that is broken. This is pursuing some- and then I will choose to close. skinnier? Absolutely not. What is the thing that, most frankly, does not Mr. MCGOVERN. Mr. Speaker, I will answer? He told us the answer is per- exist. In something that refers to the close the debate on our side, and I yield sonal responsibility and getting young food industry, it is an old quote, an old myself such time as I may consume. (Mr. MCGOVERN asked and was people involved in daily physical activ- hamburger ad, ‘‘Where’s the beef?’’ given permission to revise and extend ity. That is the kind of commonsense There are more pressing issues for us his remarks, and include extraneous approach that most people in this to tackle, particularly regarding food material.) country can relate to. safety. Mr. MCGOVERN. Mr. Speaker, first, I I urge my colleagues to support the b 1145 will enter into the RECORD a letter rule and support the bill. They are both from the Center for Science in the Pub- very fair. I want to direct my comments to this lic Interest opposing H.R. 339. Mr. MCGOVERN. Mr. Speaker, I yield area of food safety, and I want to talk myself such time as I may consume. about lawsuits that have consequences CENTER FOR SCIENCE IN THE Mr. Speaker, I appreciate the gentle- and very serious consequences. PUBLIC INTEREST, man’s comments, but I would just say Meat processors have sued the USDA Washington, DC, June 18, 2003. Re hearing on H.R. 339. that what his bill does is it protects an to block the enforcement of food safety industry that does not need to be pro- standards that are designed to protect Hon. CHRIS CANNON, Chairman, Subcommittee on Commercial and tected at this particular point. We are the public from pathogens like e-coli Administrative Law Committee on the Judi- dealing with a problem that does not and . The processors have ei- ciary, Rayburn House Office Building, exist. The problem that does exist is ther won or forced the government to Washington, DC. that we do have a problem with obesity settle these cases, and our food safety DEAR CHAIRMAN CANNON: On behalf of our in this country. This bill does nothing system has been terribly weakened. 700,000 members in the United States, I re- to deal with that issue. If anything, One of the processors failing to meet quest that you make this letter part of the basic standards on three separate occa- record of the June 19, 2003 hearing on H.R. what it does is it tells the fast-food in- 339, The Personal Responsibility in Food dustry, you have no responsibility to sions was able to continue to sell meat Consumption Act. our kids. You can do whatever you for use in school lunches. The Center for Science in the Public Inter- want to do. And that is the wrong mes- To fight the impact of these cases, I est (‘‘CSPI’’) strongly opposes H.R. 339. De- sage we want to be sending at this par- have introduced a bill called Kevin’s spite its stated purpose of banning frivolous ticular point. Law, named in memory of a 21⁄2-year- lawsuits, H.R. 339 bans any lawsuit against a I also want to correct the gentleman old boy named Kevin Kowalcyk who manufacturer, distributor, or seller of a food on one other thing. He referred a cou- died from e-coli poisoning in 2001. or a non-alcoholic beverage ‘‘unless the plaintiff proves that, at the time of sale, the ple of times to this rule as an open Kevin’s law makes it clear that the product was not in compliance with applica- rule. This is not an open rule. This is USDA can set and enforce food safety ble statutory and regulatory requirements.’’ not an open rule. And by the definition standards for deadly pathogens. This is H.R. 339 ignores the fact that both legisla- taken by the Republicans when they not radical policy. This is something tures and administrative agencies frequently were in the minority, they said any that is supported by the National are too busy to enact specific standards deal- rule that is not considered under a Academy of Sciences, and this legisla- ing with a particular food safety or nutrition completely open process is considered tion has bipartisan support in both the problem, and so the victims must turn to the courts for help. Meritorious lawsuits can, of restrictive, and this is not a com- House and the Senate. course, spur the food industry to improve its pletely open process. They further said I thank my colleagues the gentleman practices. that these rules are the rules that from Pennsylvania (Mr. ENGLISH) and Both Congress and state legislatures, rec- limit the number of amendments that the gentlewoman from Pennsylvania ognizing their inability to deal with the can be offered and include the so-called (Ms. HART) and Senators HARKIN and myriad of food safety and nutrition prob- modified open and modified closed, as SPECTER for cosponsoring and sup- lems, have delegated regulatory responsibil- well as completely closed, rules. porting this legislation. It is something ities to specific agencies. Congress, for exam- ple, has delegated regulatory responsibility This is not an open rule. The Repub- the Congress should be advancing on. over food to the Food and Drug Administra- lican majority when they came into Mr. Speaker, 5,000 Americans die tion (‘‘FDA’’), the Department of Agri- power said they were committed to an from food-borne illnesses every year in culture, and the Environmental Protection open process. They have given us any- our country. The lawsuits this bill Agency. thing but an open process. And the seeks to stop have not harmed anyone. However, these agencies, like their state question that I asked the distinguished In fact, as I said earlier and others counterparts, do not have enough resources chairman of the Committee on Rules have mentioned, this is about pursuing to promptly address all the new concerns still stands. If a Member is watching something that does not even exist. about food safety and nutrition. For exam- ple, in February 1994 CSPI petitioned the this debate and scratching their head, When we juxtapose what is taking FDA to require the disclosure of trans fatty why are we debating such a trivial place here on the floor today and what acids on packaged foods. More than five matter when we have so many other I described that threatens Americans years later, in November 1999, the FDA pub- issues to deal with that really do im- today where 5,000 Americans die from lished a proposed regulation in response to pact the American people very di- food-borne illnesses, this is what we our petition. The FDA still has not issued a rectly, and they wanted to come down really should be pursuing. final rule, although FDA Commissioner here right now and offer an amend- The American people would support Mark McClellan has said that a final rule, re- ment, they would be unable to under that path to eliminate these pathogens quiring the disclosure of the amount of trans in packaged foods, will be announced in the this restrictive process that the Repub- that are actually taking American near future. licans on the Committee on Rules have lives. So if we are talking about ending In conclusion, H.R. 339 should be rejected given us today. destructive lawsuits, the House should because lawsuits can play a valuable role in

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.023 H10PT1 H940 CONGRESSIONAL RECORD — HOUSE March 10, 2004 protecting consumers by filling the inter- tive nature of this process, and I raise with a straight face having not dealt stices in legislative and regulatory require- this issue because I hope that this is with that issue. I know the gentleman ments. not going to be a trend where Members from Texas’ (Mr. SESSIONS) district, Sincerely, are going to be restricted. like my district, includes a number of MICHAEL F. JACOBSON, PH.D., Again, it is not just something the Executive Director. people who are out of work, who have Democrats feel passionately about. run out of their unemployment bene- Let me conclude my remarks by Again, I have been reading quotes from fits, who are desperately trying to fig- again expressing my concern, first of Republicans over the years who feel ure out how to make ends meet, put all, over the rule because this is a re- very passionately about the impor- food on their table and pay their bills, strictive rule, and what I have been tance of not having preprinting re- and they are looking to us to help trying to find out from the chairman of quirements because they believe that them out, to provide them a bridge the Committee on Rules, and maybe that constitutes a restrictive rule. So I until they can get a job. We are not the gentleman from Texas may be able think that there is a bipartisan con- doing anything here, and we should be to enlighten me on this, is the wave of sensus here that we should move away ashamed of that fact. the future, no more completely open from restricting debate and restricting The gentleman from Oregon men- rules? Are we now going to be forced to what can be offered and opening up this tioned the transportation bill that is deal with restrictive rules on every bill process on controversial bills and on kind of languishing in committee. That that we now deal with? noncontroversial bills. That is the only will put people to work, but we are not Mr. SESSIONS. Mr. Speaker, will the point I would make to the gentleman. dealing with that. We are not dealing gentleman yield? With regard to the bill that we are with the issue of those who do not have Mr. MCGOVERN. I yield to the gen- talking about here today, I will again health insurance. We are not dealing tleman from Texas. say that I regret that we are dealing with anything that matters to any- Mr. SESSIONS. Mr. Speaker, I be- with this particular bill today because body, and here we are again dealing lieve we had an open rule last week. it does not address any real problem. with an issue that really is trivial. Mr. MCGOVERN. We have had one This is a bill that corrects a problem This place is becoming a Congress open rule out of, I think, nine, but I that does not exist. These lawsuits that where trivial issues are debated pas- mean, it seems that now we are being people are complaining about with re- sionately and important ones not at required to preprint all our amend- gard to obesity and the fast food indus- all. ments in advance, which by my col- try are being routinely dismissed. This So, for a whole bunch of reasons, I leagues’ own definition is a restrictive is not a problem. oppose the rule because it is restric- The problem is obesity. The problem rule. Is that the wave of the future? tive, and I oppose this bill because it is we should be talking about here is how Mr. SESSIONS. I thank the gen- silly. We should not be dealing with to make sure that our kids get more tleman for allowing me to respond. The this today. We should be dealing with nutritious foods. The issue that we Committee on Rules, when we file the something important. need to be dealing with here is how to rule and when we prepare these docu- Mr. Speaker, I yield back the balance make sure that the Federal programs ments ahead of time, we notify every of my time. Member of Congress of our intent to that provide breakfasts and lunches to Mr. SESSIONS. Mr. Speaker, I yield have a meeting at the Committee on our children in schools meet proper nu- myself such time as I may consume. Rules to consider a subject. We ask trition guidelines. (Mr. SESSIONS asked and was given The issue we should be talking about them to please preprint those things permission to revise and extend his re- is better labeling, informing the public that would be necessary. We ask every marks, and include extraneous mate- in a better way about what, in fact, Member to please work with legislative rial.) they are eating. We should be encour- staff who would help in preparing those Mr. SESSIONS. Mr. Speaker, this aging more corporate responsibility by documents to make sure that they are House has, in the 8 years I have served the fast food industry, and that is not in order, would be made in order under in it had debate after debate, hours on being debated here. In fact, what we the rule, under the rules of this House, the floor, to make sure that we discuss are trying to do is we are sending the and we believe we are trying to do the issues that are of relevance and im- exact opposite signal to the fast food things to move legislation forward, portant to the American public, but allow time just as we have done here, industry. We should be encouraging more phys- these same things also take place, the notify people ahead of time. ical fitness programs in our schools debates, in our committee system, and One of the things about this process and so that our young people can take committees hold hearings. Committees is that for years and years the House advantage of them, and we should also go around the country to hear testi- has worked off Jeffersonian rules. We be having a discussion on this floor mony from people about issues like have a Speaker who is up here. We have about the issue of hunger, which is rel- obesity, like prescription drugs, like a parliamentarian. We have people who evant to this issue of obesity. health care, that are important to the make decisions about what is right and As I pointed out in my opening state- American public and to our health and what is wrong and what is fair and ment, people who have precious little to our safety. what is not, and we believe what we resources tend to buy things that are Mr. Speaker, these issues about obe- have done here today from March 4 was high in calories, that are not nutri- sity and about what the answer would said here on the floor of the House, all tious, and there is a relationship be- be, we hear from the trial lawyers that Members of Congress—— tween hunger and obesity, and it is they want to open up the floodgates, Mr. MCGOVERN. Mr. Speaker, re- something we never even talk about on and we hear from people who are en- claiming my time, I appreciate the an- the floor of this House. gaged from the nutritional side talking swer. I guess the question that I asked But then we bring this bill to the about how better labeling would be to the chairman of the Committee on floor. We bring this bill to the floor, good or how food that is served to our Rules, and I will ask the gentleman and we are telling the people who are children should be leaner and have less from Texas, if a Member of either party watching here today that we are ad- fat. We have heard from people like Dr. is watching this debate and would like dressing a huge problem out there, a Kenneth Cooper from Dallas, Texas, to offer an amendment based on some- problem that does not exist, and we are talk about how our children need more thing that they have heard here today, bringing this bill up today and we are physical fitness and to be more active. do they have the right to come to the only in for a couple of days, notwith- All of these things have contributed to floor and offer an amendment at this standing the fact that we are not deal- a part of what this bill is about. particular point? ing with the issue of extending unem- Mr. Speaker, I will include in the Mr. SESSIONS. Mr. Speaker, if the ployment benefits to those workers RECORD at this point the testimony of gentleman would yield, the answer is who are unemployed, which is a na- Dr. Gerard Musante, who is the founder no. tional disgrace. of the Structure House, before the Sen- Mr. MCGOVERN. Okay. So, again, it I do not know how people can come ate Subcommittee on Administrative kind of makes my point of the restric- here and appear on the House floor Oversight and the Courts on October 16.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.012 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H941

TESTIMONY OF DR. GERARD MUSANTE Lawsuits are pointing fingers at the food themselves ‘‘off the hook,’’ to say it’s not Good afternoon, Chairman Sessions and industry in an attempt to curb the nation’s their fault, and that they are a victim. To do Honorable members of the Subcommittee on obesity epidemic. These lawsuits do nothing this can bring about feelings of helplessness Administrative Oversight and the Courts. I but enable consumers to feel powerless in a and then resignation. Directing blame or am Dr. Gerard J. Musante and I appreciate battle for maintaining one’s own personal causality outside of oneself allows the indi- the opportunity to appear before you today. health. The truth is, we as consumers have vidual not to accept responsibility and per- I have been called here to share my expertise control over the food choices we make, and haps even to feel helpless and hopeless. ‘‘The and educated opinion on the importance of we must issue our better judgment when dog ate my homework’’ and ‘‘the devil made personal responsibility in food consumption making these decisions. Negative lifestyle me do it’’ allows the individual not to take in the United States. This lesson is one I choices cause obesity, not a trip to a fast serious steps toward correction because they have been learning about and teaching for food restaurant or a cookie high in trans fat. believe these steps are not within their more than 30 years to those who battle mod- Certainly we live in a litigious society. Our power. We must take personal responsibility erate to morbid obesity—a lesson that em- understanding of psychological issues tells for our choices. phasizes the criticality of taking responsi- us that when people feel frustrated and pow- What does it mean to take personal respon- bility for one’s own food choices. I am testi- erless, they lash out and seek reasons for sibility for food consumption? it means mak- fying before you today because I am con- their perceived failure. They feel the victim ing food choices that are not detrimental to cerned about the direction in which today’s and look for the deep pockets to pay. Unfor- your health, and not blaming others for the obesity discourse is headed. We cannot con- tunately, this has become part of our cul- choices we make. Ultimately, Americans tinue to blame any one industry or any one ture, but the issue is far too comprehensive generally become obese by taking in more restaurant for the nation’s obesity epidemic. to lay blame on any single food marketer or calories than they expend. But certainly Instead, we must work together as a nation manufacturer. These industries should not there are an increasing number of reasons to address this complex issue, and the first be demonized for providing goods and serv- why Americans are doing so producing rising step is to put the responsibility back into ices demanded by our society. obesity rates. Some individuals lack self- the hands of individuals. Rather than assigning blame, we need to awareness and overindulge in food ever more As a clinical psychologist with training at work together toward dealing effectively so because of psychological reasons. Others Medical Center and The with obesity on a national level. Further- do not devote enough time to physical activ- University of Tennessee, I have worked for more, if we were to start with one industry, ity, which becomes increasingly difficult to more than 30 years with thousands of obese where would we stop? For example, a recent do in our society. Others lack education or patients. I have dedicated my career to help- article in the Harvard Law Review suggests awareness as it relates to nutrition and/or ing Americans fight obesity. My personal that there is a link between obesity and physical activity particularly in view of less- road, which included the loss and mainte- ‘‘preference manipulation,’’ which means ad- ened exposure to this information. And still nance of 50 of my own pounds, began when I vertising. Should we consider suing the field others may have a more efficient metabo- undertook the study of obesity as a faculty of advertising next? Should we do away with lism or hormonal deficiencies. In short, hon- member in the Department of Psychiatry at all advertising and all food commercials at orable members of the Subcommittee, there Duke University Medical Center. There, I half time? We need to understand that this is is yet much to learn about this problem. began developing an evidenced-based, cog- a multi-faceted problem and there are many Congress has rightly recognized the danger nitive-behavioral approach to weight loss influences that play a part. While our par- of allowing Americans to continue blaming and lifestyle change. I continue to serve ents, our environment, social and psycho- others for the obesity epidemic. It is impera- Duke University Medical Center as a Con- logical factors all impact our food choices, tive that we prevent lawsuits from being sulting Professor in the Department of Psy- can we blame them for our own poor deci- filed against any industry for answering con- chiatry. Since the early 1970’s, I have pub- sions as it relates to our personal health and sumer demands. The fact that we are ad- lished research studies on obesity and have weight? For example, a recent study pre- dressing the issue here today is a step in the made presentations at conferences regarding sented at the American Psychological Asso- right direction. No industry is to blame and obesity and the psychological aspects of ciation conference showed that when parents should not be charged with solving Amer- weight management. Today, I continue my change how the whole family eats and offer ica’s obesity problem. work at Structure House—a residential children wholesome rewards for not being Rather than pointing fingers, we should be weight loss facility in Durham, North Caro- couch potatoes, obese children shed pounds working together on a national level to ad- lina—where participants come from around quickly. Should we bring lawsuits against dress the importance of personal responsi- the country and the world to learn about parents that don’t provide this proper direc- bility in food consumption. The people who managing their relationship with food. Par- tion? Similarly, Brigham and Women’s Hos- come to Structure House have a unique op- ticipants lose significant amounts of weight pital in recently reported in ‘‘Pediat- portunity to learn these lessons, but they are while both improving various medical pa- rics’’ that children who diet may actually only a select few. These lessons need to be rameters and learning how to control and gain weight in the long run, perhaps because encouraged on a national level, from an take responsibility for their own food of metabolic changes, but also likely because early age—in schools, homes and through na- choices. Our significant experience at Struc- they resort to binge eating as a result of the tional legislation that prevents passing this ture House has provided us with a unique un- dieting. Do we sue the parent for permitting responsibility onto the food or other related derstanding of the national obesity epi- their children to diet? industries. In closing, I’d like to highlight demic. From an environmental standpoint, there the fact that personal responsibility is one of Some of the lessons I teach my patients are still more outside influences that could the key components that I teach my patients are examples of how we can encourage Amer- be erroneously blamed for the nation’s obe- in their battle against obesity. This ap- icans to take personal responsibility for sity epidemic. The Center for Disease Con- proach has allowed me to empower more health and weight maintenance. As I tell my trol has found that there is a direct correla- than 10,000 Americans to embrace improved participants, managing a healthy lifestyle tion between television watching and obesity health. I urge you to consider how this type and a healthy weight certainly are not easy among children. The more TV watched, the of approach could affect the obesity epidemic to do. Controlling an obesity or weight prob- more likely the children would be over- on a national level. By encouraging Ameri- lem takes steadfast dedication, training and weight. Should we sue the television indus- cans to take personal responsibility for their self-awareness. Therefore, I give my patients try, the networks, cable, the television man- health by limiting frivolous lawsuits against the tools they need to eventually make ufacturers or the parents that permit this? the food industry, we can put the power back healthy food choices as we best know it. Nu- And now we have internet surfing and com- into the hands of the consumers. This is a trition classes, psychological understanding puter games. Where does it stop? School sys- critical first step on the road toward ad- of their relationship with food, physical fit- tems are eliminating required physical edu- dressing our nation’s complex obesity epi- ness training and education are tools that cation—are we to also sue the school sys- demic. Structure House participants learn, enabling tems that do not require these courses? For years, I have seen presidents call for them to make sensible food choices. As you Throw social influences into the mix and ‘‘economic summits.’’ I urge that we con- know, the obesity rates in this country are we have a whole new set of causes for obe- sider an ‘‘obesity summit.’’ Let me suggest alarming. The Centers for Disease Control sity. Another recent study in ‘‘Appetite’’ in- instead of demonizing industries that we and Prevention have recognized obesity and dicated that social norms can affect quan- bring everyone to the table—representatives general lack of physical fitness as the na- titative ratings of internal states such as in the health care industry, advertising, res- tion’s fastest-growing health threat. Ap- hunger. This means that other people’s hun- taurants, Hollywood, school systems, parent proximately 127 million adults in the United ger levels around us can affect our own eat- groups, the soft drink industry, and the bot- States are overweight, 60 million are obese ing habits. Are we to blame the individuals tling industry. Instead of squandering re- and 9 million are severely obese. The coun- who are eating in our presence for our own sources in defending needless lawsuits by try’s childhood obesity rates are on a similar weight problems? As evidenced in these stud- pointing fingers, let’s make everyone part of course to its adult rates, as well as increases ies, we cannot blame any one influencing the solution. Let us encourage a national in type II diabetes. Fortunately Americans factor for the obesity epidemic that plagues obesity summit where all the players are are finally recognizing the problem. Unfortu- our nation. Through working with obese pa- asked to come to the table and pledge their nately, many are taking the wrong ap- tients, I have learned that the worst thing considerable resources toward creating a na- proaches to combating this issue. one can do is to blame an outside force to get tional mind set toward solving this problem.

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.013 H10PT1 H942 CONGRESSIONAL RECORD — HOUSE March 10, 2004 That would be in the interest of the Amer- demic. Instead, Mr. Speaker, here I stand de- pass the bill (H.R. 2714) to reauthorize ican people. bating a closed rule for a bill that pre-deter- the State Justice Institute, as amend- I feel privileged to be a part of the Sub- ed. committee’s efforts. I want to thank you for mines that in no plausible circumstance do allowing me to testify here before you today food companies bear responsibility for their The Clerk read as follows: and I will now be glad to answer any ques- acts. H.R. 2714 tions. This bill is so overbroad that it provides im- Be it enacted by the Senate and House of Rep- Mr. Speaker, let me tell my col- munity even where most would think liability is resentatives of the United States of America in leagues what he said. He is a gen- appropriate. Congress assembled, tleman who has worked for 30 years on For instance, as an observant Hindu, Mr. SECTION 1. SHORT TITLE. obesity in this country, and he said, Sharma considers cows sacred. Not surpris- This Act may be cited as the ‘‘State Jus- ‘‘Through working with obese patients, ingly, Brij Sharma did not eat at fast food res- tice Institute Reauthorization Act of 2004’’. I have learned that the worst thing one taurants. But in 1990, when McDonald’s an- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 215 of the State Justice Institute can do is to blame an outside force to nounced that it was switching from beef fat to ‘‘100 percent vegetable oil’’ to cook its French Act of 1984 (42 U.S.C. 10713) is amended to get themselves ‘off the hook,’ to say read as follows: fries, Mr. Sharma began going to the fast food it’s not their fault, and that they are a ‘‘AUTHORIZATION OF APPROPRIATIONS victim. Congress has rightly recognized chain to eat what he believed were vegetarian fries. ‘‘SEC. 215. There are authorized to be ap- the danger of allowing Americans to propriated to carry out the purposes of this continue blaming others for the obe- Imagine Mr. Sharma’s terror when he read title, $7,000,000 for each of fiscal years 2005, sity epidemic. It is imperative that we in a newspaper the following heading, 2006, 2007, and 2008. Amounts appropriated for prevent lawsuits from being filed ‘‘Where’s the beef? It’s in your french fries.’’ each such year are to remain available until against any industry for answering He was outraged to learn that McDonald’s expended.’’. consumer demands. The fact that we french fries are seasoned in the factory with SEC. 3. TECHNICAL AMENDMENTS. are addressing the issue here today is a beef flavoring before they are sent to the res- (a) STATUS OF INSTITUTE.—Section 205(c) of step in the right direction.’’ taurants to be cooked in vegetable oil. the State Justice Institute Act of 1984 (42 Mr. Speaker, I will tell my colleagues McDonald’s has apologized, admitted U.S.C. 10704(c)) is amended by adding at the wrongdoing and agreed to pay more than $10 end the following new paragraph: that the Republican House and the Re- ‘‘(3) The Institute may purchase goods and publican Senate are addressing the million to charities chosen by vegetarian and services from the General Services Adminis- issues. We are doing those things that Hindus plaintiffs. Is it not preposterous that tration in order to carry out its functions.’’. not only Members find of interest to this bill would bail out the fast food industry (b) STATUS AS OFFICERS AND EMPLOYEES OF people back home, but also in the in- from liability for wrongdoing such as this? Of THE UNITED STATES.—Section 205(d)(2) of the terest of what is the right thing for course it is. State Justice Institute Act of 1984 (42 U.S.C. America to do. In addition, this bill is an unnecessary, pre- 10704(d)(2)) is amended by inserting ‘‘, not- I feel like what we are doing today is mature, overly broad affront to our judicial sys- withstanding section 8914 of such title’’ after right in line with what all 50 States tem and to our system of federalism. Con- ‘‘(relating to health insurance)’’. (c) MEETINGS.—Section 204(j) of the State have and that is a law that says we will gress is preemptively taking away the ability of Justice Institute Act of 1984 (42 U.S.C. not take these fast food restaurants to judges and jurors to consider the particular 10703(j)) is amended by inserting ‘‘(on any oc- task, to go and have a lawsuit against facts and evidence of cases, and a plaintiff’s casion on which that committee has been them, and the Federal Government, we, ability to have his or her day in court. delegated the authority to act on behalf of as members of Congress, are going to Mr. Speaker, regardless of one’s position on the Board)’’ after ‘‘executive committee of affirm that, to avoid a problem before the merits of lawsuits against the industry, the the Board’’. it becomes one. We have been warned line drawn between the responsibility of an in- The SPEAKER pro tempore. Pursu- about the problems. We are trying to dividual end and society’s start should be an- ant to the rule, the gentleman from do aggressive things and the right swered by judges and juries, and not by legis- Wisconsin (Mr. SENSENBRENNER) and thing for it. lators in the pockets of campaign contributors. the gentleman from California (Mr. I support this rule. I support this un- This incredibly large portion of legislative BERMAN) each will control 20 minutes. derlying legislation, and I think that it junk food, being served to feed Republican The Chair recognizes the gentleman will win overwhelmingly because this special interests, is as unhealthy as the indus- from Wisconsin (Mr. SENSENBRENNER). is the best answer. try it attempts to protect. b 1200 Mr. HASTINGS of Florida. Mr. Speaker, we I urge my colleagues to oppose this ill-con- are fat. America is the fattest nation on the ceived legislation. GENERAL LEAVE planet and getting fatter all the time. It is esti- Mr. SESSIONS. Mr. Speaker, I yield Mr. SENSENBRENNER. Mr. Speak- mated that as many as one in five Americans back the balance of my time, and I er, I ask unanimous consent that all is obese, a condition defined as being more move the previous question on the res- Members may have 5 legislative days than 30 percent above the ideal weight based olution. within which to revise and extend their on height. The previous question was ordered. remarks and include extraneous mate- Being overweight and obese in the United The resolution was agreed to. rial on H.R. 2714, the bill currently States occurs at higher rates in racial and eth- A motion to reconsider was laid on under consideration. nic minority populations, such as African the table. The SPEAKER pro tempore (Mr. CULBERSON). Is there objection to the Americans and Hispanic Americans, compared f with White Americans. Persons of low socio- request of the gentleman from Wis- economic status within minority populations ANNOUNCEMENT BY THE SPEAKER consin? appear to be particularly affected by being PRO TEMPORE There was no objection. overweight and obese. Also, according to the The SPEAKER pro tempore (Mr. Mr. SENSENBRENNER. Mr. Speak- surgeon general, women of lower socio- REHBERG). Pursuant to clause 8 of rule er, I yield myself such time as I may economic status are about 50 percent more XX, the Chair will postpone further consume. likely to be obese than their better-off counter- proceedings today on motions to sus- Mr. Speaker, Congress established parts. pend the rules on which a recorded vote the State Justice Institute as a private Obesity is fast becoming our most serious or the yeas and nays are ordered, or on nonprofit corporation in 1984. Its pur- public health problem. Indeed, obesity is which the vote is objected to under pose is to improve judicial administra- linked to disease such as type-2 diabetes, clause 6 of rule XX. tion in the State courts. SJI accom- heart disease and certain types of cancer. An RECORD votes on postponed questions plishes this goal by providing funds to estimated 300,000 Americans die each year will be taken later today. State courts and to other national or- from fat-related causes, and we spent $117 f ganizations or nonprofits that support billion in obesity-related economic costs just State courts. SJI also fosters coopera- STATE JUSTICE INSTITUTE last year, according to U.S. Surgeon General tion with the Federal judiciary in areas REAUTHORIZATION ACT OF 2004 David Satcher. of mutual concern. Congress should consider comprehensive Mr. SENSENBRENNER. Mr. Speak- Pursuant to oversight legislation legislation aimed at America’s obesity epi- er, I move to suspend the rules and passed in the previous Congress, the

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.013 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H943 Attorney General, in consultation with vocates have historically been weak at tute has been successful in its efforts. the Federal Judicial Center, conducted restoring resources, especially at the We should make sure they are able to review of the SJI operations and re- Federal level, from the Department of continue their good work, and this bill ported its findings to Congress late last Justice. Most of the resources they re- will do just that. I urge my colleagues year. The results are encouraging. The ceive at the State level are devoted for to support it. Attorney General noted that the Insti- personnel and courthouse construction Mr. SCHIFF. Mr. Speaker, I rise today in tute has been effective and has com- and maintenance, not the educational support of H.R. 2714, the State Justice Insti- plied with its statutory mission, and programs that SJI provides. About one- tute Reauthorization Act—legislation to reau- observed that support for State court third of all SJI grants are devoted to thorize appropriations for the State Justice In- innovation and improvement is a Fed- educating State judges on how to im- stitute through FY 2008. eral interest. prove the operations of their courts. Founded by Congress more than a decade Mr. Speaker, based upon the bene- The remaining grants are devoted to ago, the State Justice Institute (SJI) was es- ficial work SJI has done, I believe it technology projects such as systems to tablished to support efforts to improve the should be afforded a congressional re- improve recordkeeping, document im- quality of justice in State courts, facilitate bet- authorization, and that is the purpose aging, et cetera. ter coordination between State and Federal of this bill. More specifically, section 2 The authorizing statute provides for courts, and foster innovative, efficient solutions of the bill authorizes $7 million annu- regular audits of the SJI. The Institute to common problems faced by all courts. ally for SJI operations over a 4-year conducts its own oversight of grantees, About one-third of all SJI grants are devoted cycle. Appropriated funds under sec- and the practice of allowing a grantee to educating state judges on how to improve tion 2 are to remain available until ex- to draw money for a project only on a the operations of their courts. The remaining pended. The last two bills reauthor- monthly or quarterly basis allows SJI grants are devoted to technology projects izing the Institute contain such lan- to cancel mismanaged projects. such as efforts to improve recordkeeping. guage which reflects the reality that All familiar with the SJI appear to The Chief Justice of the California Supreme no grant agency can fully expend all of agree it performs worthy work. Federal Court, Ronald M. George, has relayed to me its funds in the year of appropriation. judges, including Chief Judge Boggs of the important work done by the State Justice In addition, section 3 of the bill au- the 6th Circuit, have contacted me to Institute, and I know his views are shared by thorized the Institute to purchase laud the work of the SJI, and in par- a great many of the nation’s top judges. In a goods and services from the General ticular, the educational programs it 2002 report, the Attorney General of the Services Administration. Because SJI runs for judges. United States also noted that the Institute has is not a Federal agency, it is not le- The Attorney General gave high been effective and has complied with its statu- gally authorized to procure goods and marks to the SJI in a November 2002 tory mission. In addition, he observed that support for state court innovation and improve- services from the GSA. In some in- report which specifically noted that ment is a federal interest. stances, this exclusion can create un- the Institute has been effective, has As a Co-Chair of the bipartisan Congres- complied with its statutory mission, necessary hardship. To illustrate, SJI sional Caucus on the Judicial Branch, I recog- and observes that some degree of sup- was recently denied the ability to pur- nize the importance of working in Congress to chase GSA storage boxes to transfer its port for State court innovation and im- ensure that we maintain a strong and vibrant records to the National Archives. provement is a Federal interest. It is court system in our country. Mr. Speaker, in sum, the bill rep- evident that the SJI deserves reauthor- The last time that Congress reauthorized resents a modest authorization for a ization, H.R. 2714 will do this. I urge the State Justice Institute was in 1992. In the small but important organization that my colleagues to support it today. interim, the Appropriations Committee has assists our State court systems. I urge Mr. Speaker, I yield back the balance continued to fund the important work of the In- my colleagues to support this bill. of my time. stitute, and I have urged appropriators to sup- Mr. Speaker, I reserve the balance of Mr. SENSENBRENNER. Mr. Speak- port such funding to allow the Institute to con- my time. er, I yield the balance of my time to tinue its fine work. It is now time for Congress Mr. BERMAN. Mr. Speaker, I yield the gentleman from Texas (Mr. SMITH). to act and to reauthorize this important pro- myself such time as I may consume. Mr. SMITH of Texas. Mr. Speaker, I gram that will continue to improve the adminis- Mr. Speaker, I rise in support of H.R. yield myself such time as I may con- tration of justice in our courts. 2714, the State Justice Institute Reau- sume. Ms. JACKSON LEE of Texas. Mr. Speaker, thorization Act. As the title indicates, Mr. Speaker, this legislation will re- I rise in support of H.R. 2714, the State Jus- H.R. 2714 reauthorizes the State Jus- authorize the State Justice Institute, tice Institute Reauthorization Act of 2003. I tice Institute, SJI. Reauthorization is which is a nonprofit corporation cre- worked with my colleagues on the House Judi- necessary because Congress last en- ated in 1994 to provide grants and other ciary committee to mark this bill up in Sep- acted an SJI authorization bill in 1992 funding to help State courts improve tember of last year, and I offered my support for a 4-year authorization period that their systems. at that time. This bill will authorize the oper- expired in fiscal year 1996. While the According to the Institute’s mission ations of the State Justice Institute (SJI) for Committee on Appropriations has con- statement, ‘‘Since becoming oper- Fiscal Years 2005–08 and proposes to allo- tinued to appropriate $7 million annu- ational in 1987, SJI has awarded over cate grant money to state courts and other en- ally for SJI, Congress should also en- $120 million to support more than 1,000 tities that support their operation. I understand sure that SJI has the necessary author- projects benefiting the Nation’s judi- that this bill has not been reauthorized since ization to perform its important work. cial system and the public it serves. 1996, so this bill is indeed timely, as the need Congress created the SJI in 1984 to The Institute is unique both in its mis- certainly does exist. provide funds to improve the quality of sion and how it seeks to fulfill it.’’ Since its inception in 1984 and operation in justice in State courts. Congress also The SJI provides funding for pro- 1987, the SJI’s $125 million in grants and $40 directed the SJI to facilitate enhanced grams which help improve access to million in private and other public funds have coordination between State and Fed- the courts. It trains and assists courts played a role in making the state court system eral courts and develop solutions to in child custody, domestic violence, ju- in Houston an efficient engine of the adminis- common problems faced by all courts. venile crime, and sexual assault cases. tration of justice of which we Houstonians are It appears that the SJI has made con- The SJI also works to create the use of quite proud. Given the urgent need for us to siderable progress in pursuit of these technology in the courtroom, as well as allocate energy and resources to our critical objectives. create reforms to reduce the amount of infrastructure and to the first responders in the Since becoming operational in 1987, time and money associated with litiga- context of Homeland security, the insurgence the institute has awarded more than tion. of funds to improve the overall flow of work $125 million in grants to support over By reauthorizing the State Justice through the state court systems is extremely 1,000 projects. Another $40 million in Institute, we will provide them with $7 important. For example, during the recent matching requirements has been gen- million each year for the next 4 years. blackouts, those agencies and offices that erated from other public and private This money helps Americans have ac- needed this kind of assistance the most had to funding sources. SJI is necessary be- cess to a more effective and efficient suffer until power was restored. In some in- cause State court judges and other ad- court system. The State Justice Insti- stances, the blackouts were crippling. If there

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K10MR7.032 H10PT1 H944 CONGRESSIONAL RECORD — HOUSE March 10, 2004 had been a real threat of terror in those in- ‘‘(B) the claimed invention was made as a re- an assessment of the value of univer- stances, the areas of vulnerability would have sult of activities undertaken within the scope of sity research contributions when he translated to disaster. This area of the assess- the joint research agreement; and testified before the Subcommittee on ‘‘(C) the application for patent for the claimed ment of threat and vulnerability will be best invention discloses or is amended to disclose the Intellectual Property last Congress served by the provision that requires the Attor- names of the parties to the joint research agree- that, ‘‘In 2000, nonprofits and univer- ney General, in consultation with the Federal ment. sities spent a record of $28.1 billion on Judicial Center, to submit a report to the ‘‘(3) For purposes of paragraph (2), the term research and development, much of House and Senate Committees on the Judici- ‘joint research agreement’ means a written con- which involved collaborations among ary as to the success and effectiveness of the tract, grant, or cooperative agreement entered private, public, and nonprofit entities.’’ SJI. into by two or more persons or entities for the Sales of products developed from in- performance of experimental, developmental, or Furthermore, the authorization of the Insti- ventions transferred from those re- research work in the field of the claimed inven- search centers resulted in revenues tute to procure goods and services from the tion.’’. that approached $42 billion that year, a General Services Administration (GSA) will be SEC. 3. EFFECTIVE DATE. a boon to those administrative areas that are (a) IN GENERAL.—The amendments made by portion of which was then reinvested antiquated and non-functioning for want of this Act shall apply to any patent granted on or into additional research. As significant new equipment and resources. Should this bill after the date of the enactment of this Act. as this research activity is, the tan- pass, I would look forward to conducting a full (b) SPECIAL RULE.—The amendments made by gible benefits of its application are also assessment of need in Houston and make this Act shall not affect any final decision of a worth noting. Inventions such as the these GSA resources available as soon as court or the United States Patent and Trade- MRI and the sequencing of human ge- mark Office rendered before the date of the en- nome technology were both made pos- possible. actment of this Act, and shall not affect the Therefore, Mr. Speaker, for the above rea- right of any party in any action pending before sible through collaborative research. sons, I support H.R. 2714 and I urge my col- the United States Patent and Trademark Office In 1984, Congress acted to incentivize leagues to do the same. or a court on the date of the enactment of this innovation by encouraging researchers Mr. SMITH of Texas. Mr. Speaker, I Act to have that party’s rights determined on within organizations to share informa- yield back the balance of my time. the basis of the provisions of title 35, United tion. That year, Congress amended the The SPEAKER pro tempore. The States Code, in effect on the day before the date patent law to restrict the use of back- question is on the motion offered by of the enactment of this Act. ground scientific or technical informa- the gentleman from Wisconsin (Mr. The SPEAKER pro tempore. Pursu- tion shared among researchers in an ef- SENSENBRENNER) that the House sus- ant to the rule, the gentleman from fort to deny a patent in instances pend the rules and pass the bill, H.R. Wisconsin (Mr. SENSENBRENNER) and where the subject matter and the 2714, as amended. the gentleman from California (Mr. claimed invention were under common The question was taken; and (two- BERMAN) each will control 20 minutes. ownership or control. thirds having voted in favor thereof) The Chair recognizes the gentleman This bill will provide a similar statu- the rules were suspended and the bill, from Wisconsin (Mr. SENSENBRENNER). tory ‘‘safe harbor’’ for inventions that as amended, was passed. GENERAL LEAVE result from collaborative activities of A motion to reconsider was laid on Mr. SENSENBRENNER. Mr. Speak- private, public and nonprofit entities. the table. er, I ask unanimous consent that all In doing so, the bill responds to the Members may have 5 legislative days 1997 OddzON Products, Inc. v. Just f within which to revise and extend their Toys, Inc., decision of the Federal Cir- COOPERATIVE RESEARCH AND remarks and include extraneous mate- cuit Court of Appeals by clarifying TECHNOLOGY ENHANCEMENT rial on H.R. 2391, the bill currently that prior inventions of team members (CREATE) ACT OF 2004 under consideration. will not serve as an absolute bar of the Mr. SENSENBRENNER. Mr. Speak- The SPEAKER pro tempore. Is there patenting of the team’s new invention er, I move to suspend the rules and objection to the request of the gen- when the parties conduct themselves in pass the bill (H.R. 2391) to amend title tleman from Wisconsin? accordance with the terms of the bill. 35, United States Code, to promote re- There was no objection. In the future, research collaborations search among universities, the public Mr. SENSENBRENNER. Mr. Speak- between academia and industry will be sector, and private enterprise, as er, I yield myself such time as I may even more critical to the efforts of U.S. amended. consume. industry to maintain our technological The Clerk read as follows: Mr. Speaker, H.R. 2391 will help spur preeminence. By enacting this bill, the development of new technologies Congress will help foster improved H.R. 2391 by making it easier for collaborative communication between researchers, Be it enacted by the Senate and House of Rep- inventors who represent more than one provide additional certainty and struc- resentatives of the United States of America in organization to obtain the protection ture for those who engage in collabo- Congress assembled, of the U.S. patent system for their in- rative research, reduce patent litiga- SECTION 1. SHORT TITLE. ventions. tion incentives, and facilitate innova- This Act may be cited as the ‘‘Cooperative Re- search and Technology Enhancement (CRE- The bill achieves this goal by lim- tion and investment. ATE) Act of 2004’’. iting the circumstances in which con- Mr. Speaker, the Committee on the SEC. 2. COLLABORATIVE EFFORTS ON CLAIMED fidential information which is volun- Judiciary unanimously approved H.R. INVENTIONS. tarily exchanged by individual re- 2391 on January 21, 2004. I understand Section 103(c) of title 35, United States Code, search team members may be asserted that the Congressional Budget Office is amended to read as follows: to bar the patenting of the team’s new considers the bill to have an insignifi- ‘‘(c)(1) Subject matter developed by another inventions. cant effect on the U.S. Patent and person, which qualifies as prior art only under Today, intellectual property-reliant Trademark Office’s spending, and has one or more of subsections (e), (f), and (g) of industries, such as pharmaceuticals, found that the bill contains no inter- section 102 of this title, shall not preclude pat- entability under this section where the subject biotechnology and nanotechnology, governmental or private sector man- matter and the claimed invention were, at the serve as key catalysts to the U.S. econ- dates. time the claimed invention was made, owned by omy, employing tens of thousands of The bill itself is a product of the col- the same person or subject to an obligation of Americans. More often than not, the laborative efforts of a number of indi- assignment to the same person. innovations they develop are not done viduals and leading professional patent ‘‘(2) For purposes of this subsection, subject solely by researchers in-house, but and research organizations. Among matter developed by another person and a rather, in concert with other research- those who contributed substantially to claimed invention shall be deemed to have been ers who may be located at universities, the development of the bill are the owned by the same person or subject to an obli- USPTO, the Wisconsin Alumni Re- gation of assignment to the same person if— nonprofit institutions, and other pri- ‘‘(A) the claimed invention was made by or on vate enterprises. search Foundation, the American behalf of parties to a joint research agreement Carl E. Gulbrandsen, the managing Council on Education, the American that was in effect on or before the date the director of the Wisconsin Research University Technology Managers, the claimed invention was made; Alumni Research Foundation, provided Biotechnology Industry Organization,

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.048 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H945 and the American Intellectual Prop- bar, the biotech industry, patent hold- than one organization. The classic ex- erty Law Association. ers, and all other interested parties of ample is biotechnology, since it has a Mr. Speaker, the bill is necessary to which I am aware, and I want to ex- culture and a business model that is ensure that tomorrow’s collaborative press my appreciation to the gen- multi-disciplinary. researchers enjoy a full measure of the tleman from Texas (Chairman SMITH) When a biotechnology company de- benefits of the patent law. I urge Mem- for working so closely with us in draft- cides to partner with a university, we bers to support the bill. ing and redrafting the CREATE Act. I want to prevent that partnership from Mr. Speaker, I reserve the balance of ask my colleagues to vote in favor of being harassed by a third party. my time. this important bill. Biotech investment dollars dedicated Mr. BERMAN. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of to research should and must be used in myself such time as I may consume. my time. an effective way without the possi- Mr. Speaker, I rise in support of H.R. Mr. SENSENBRENNER. Mr. Speak- bility of a lawsuit or a grievance filed 2391, the CREATE Act, and ask my col- er, I yield such time as he may con- against it. leagues to support it as well. The CRE- sume to the gentleman from Texas (Mr. The CREATE Act was inspired by ATE Act is a rare legislative achieve- SMITH). two principles essential to a democ- ment: It is a truly noncontroversial Mr. SMITH of Texas. Mr. Speaker, racy: The protection of intellectual patent bill. It has achieved this unique the CREATE Act, which I introduced property rights and the freedom to ex- status because it is the product of ex- along with the gentleman from Cali- change goods and services. haustive discussion, negotiation, and fornia (Mr. BERMAN), allows research- Research collaborations are essential redrafting at both the intellectual ers and inventors who work for dif- to the discovery of new inventions, the property subcommittee and the full ferent organizations and collaborate on creation of new jobs, and the health of Committee on the Judiciary levels. inventions to share information with- the U.S. economy. Protecting them The CREATE Act effectively over- out losing the ability to file for a pat- will provide greater incentives to de- turns the Federal court’s decision in ent. velop new technologies. OddzON Products v. Just Toys. The This legislation removes roadblocks Mr. BERMAN. Mr. Speaker, I yield OddzON decision held that certain to the patenting of collaborative inven- such time as she may consume to the prior art can be used to dismiss a pat- tions. It empowers researchers to gentlewoman from California (Ms. ent application as obvious, one cannot choose to collaborate when it is in LOFGREN). Ms. LOFGREN. Mr. Speaker, cooper- patent the obvious, even if that prior their interest, and to compete for in- ative research among private, public, art was confidential, shared among ventions when it is not. and nonprofit entities has become a consenting parties or undocumented. Under current law, individuals who common feature of modern research In layman’s terms, the OddzON deci- did not work on an invention or project and development. Many technology sion means that research collabora- can challenge patent applications. This start-ups in my home in Silicon Valley tions between different institutions leads to invalidated patents which rely on university-based researchers to may preclude patents arising from that harms our economy and the inventors, support their basic R&D programs, and joint research. As a result of its hold- researchers and entrepreneurs who the result of these collaborations ben- ing, the OddzON decision threatens to want to create new products. efit both the economy and consumers. chill informal inter-institutional re- Today’s biotech, pharmaceutical, and However, as has been mentioned by search collaborations. These are just nanotechnology companies conduct other Members, since the Federal Cir- the sort of research collaborations that much of their research with partners cuit decision in OddzON Products v. are increasingly important in today’s such as universities and other public or Just Toys, collaboration has become complex resource constrained research private organizations. too risky. The OddzON decision created environment. Even more troubling, In fact, the University of Texas ranks an environment where an otherwise these sorts of research collaborations fourth on the list of universities that patentable invention can be rendered disproportionately involve research receive the most patents. Many of nonpatentable on the basis of informa- universities and nonprofit institutions these patents result from working with tion routinely exchanged between re- which do not have the same flexibility the private sector on research. search partners. America’s universities, private com- as private institutions to engage in Collaborative research is absolutely panies, public organizations and non- other research arrangements. vital to our economy. A 1988 report by profit institutions all have a stake in Research collaborations contribute the National Science Foundation found ensuring the U.S. patent system re- greatly to the U.S. economy. More im- that nonprofits and universities spent wards rather than inhibits their inno- portantly, they may be the key to cur- a record $23.8 billion on research and vations, from life-saving therapies to ing many life-threatening diseases. Re- development, the majority of which fuel cells. search collaborations are an important came from collaborations. Congress Yesterday, my subcommittee re- part of the technology transfer be- needs to act to ensure that our patent ceived a letter from the Biotechnology tween universities, nonprofit institu- laws provide the proper incentives for Industry Organization, which supports tions, and private companies that re- private, public, and nonprofit entities this legislation. The organization stat- sult in an estimated $40 billion of eco- to work together to make all our fu- ed, ‘‘The majority of our members rou- nomic activity each year and support tures brighter, and I am happy to say tinely engage in collaborative re- some 270,000 jobs. that the CREATE Act that is before us Similarly collaborations between search. We believe that encouraging today does that. Federal laboratories and other entities this type of research will greatly en- Mr. Speaker, I would like to thank have resulted in an estimated 5,000 re- hance the ability of the biotechnology the gentleman from Texas (Mr. SMITH) search agreements signed since 1986. industry to develop life-saving and life- and the gentleman from California (Mr. There is no question that Congress enhancing products.’’ BERMAN), the ranking member, for should foster an environment in which The CREATE Act: (1) Promotes com- their hard work on this bill. I support researchers have the freedom, oppor- munication among team researchers it, and I urge all Members to support it tunity and incentive to collaboratively located at multiple organizations; (2) as well. develop inventions and new ideas. By discourages those who would use the overturning the OddzON decision, the discovery process to impede coinven- b 1215 CREATE Act will remove a substantial tors who voluntarily collaborated on We often come on the House floor and roadblock to achieving this goal. research resulting in patentable inven- engage in debates on things that divide The CREATE Act underwent substan- tions; (3) increases public knowledge; us which, when all is said and done, tial revisions to adjust relevant con- and (4) accelerates the commercial will not necessarily be very important cerns. The version before us today con- availability of new inventions. to the American economy or the Amer- stitutes a real improvement over H.R. The CREATE Act benefits all indus- ican public. 2391 as introduced. It has the support of tries that engage in collaborative and This is an item that may be a little the university community, the patent cooperative research involving more bit of a sleeper. I do not see a cast of

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.035 H10PT1 H946 CONGRESSIONAL RECORD — HOUSE March 10, 2004 thousands here on the House floor, and The Oddzon decision has created a situa- House on the State of the Union for the yet passing this bill will be very impor- tion where an otherwise patentable invention consideration of the bill (H.R. 339) to tant for the economy of our Nation and may be rendered nonpatentable on the basis prevent frivolous lawsuits against the for the advance of science, and it is of information routinely exchanged between manufacturers, distributors, or sellers something we can do together proudly research partners. Thus, parties who enter of food or non-alcoholic beverage prod- and serve our country quite well. I am into a clearly defined and structured research ucts that comply with applicable statu- happy to be involved in this effort. relationship, but who do not or cannot elect to tory and regulatory requirements, with Ms. JACKSON-LEE of Texas. Mr. Speaker, define a common ownership interest in or a Mr. CULBERSON in the chair. I rise in support of H.R. 2391, the Cooperative common assignment of the inventions they The Clerk read the title of the bill. Research and Technology Enhancement jointly develop, can create obstacles to obtain- The CHAIRMAN. Pursuant to the (CREATE) Act introduced on June 9, 2003. ing patent protection by simply exchanging in- rule, the bill is considered as having We held a markup hearing for this legislation formation among them. There is no require- been read the first time. in January of this year, and I offered my sup- ment that the information be publicly disclosed Under the rule, the gentleman from port at that time. To spur innovation and ac- or commonly known; all that is required is that Wisconsin (Mr. SENSENBRENNER) and celerate new technologies, this bill encourages the collaborators exchange the information. the gentleman from (Mr. cooperative research efforts that involve the The CREATE Act’s purposes are to promote SCOTT) each will control 30 minutes. private sector, universities, non-profit institu- communication among team researchers from The Chair recognizes the gentleman tions and public entities. In a recent decision multiple organizations, to discourage those from Wisconsin (Mr. SENSENBRENNER). (Oddzon Products, Inc., v. Just Toys, Inc., et who would use the discovery process to har- Mr. SENSENBRENNER. Mr. Chair- al., 122 F.3d 1396, 43 U.S.P.Q.2d 1641 (Fed. ass co-inventors who voluntarily collaborated man, I yield myself such time as I may Cir. 1997), or Oddzon), the Federal Circuit on research, to increase public knowledge and consume. Court of Appeals narrowed the scope of a to accelerate the commercial availability of Mr. Chairman, the food industry is 1984 law that promoted collaborative re- new inventions. Overall, this bill will serve to our Nation’s largest private sector em- search. I support H.R. 2391 because it will create a more technology-friendly environment ployer, providing jobs to some 12 mil- only result in the overall improvement of the and encourage continued collaboration and in- lion Americans. Today, that industry quality of research that is done by collabo- novation. is threatened by an array of legal rating members of the academic community in Mr. Speaker, I support this bill and hope claims alleging that it should be liable the areas of science, art and information that my colleagues will do the same. to pay damages for the overconsump- resourcing. Mr. BERMAN. Mr. Speaker, I yield tion of its legal products by others. In Oddzon, the Federal Circuit found that in back the balance of my time. H.R. 339, the Personal Responsibility in the case of an inventive collaboration involving Mr. SENSENBRENNER. Mr. Speak- Food Consumption Act, is designed to researchers from multiple organization, the er, I yield back the balance of my time. foreclose frivolous obesity-related law- novelty (§ 102) and non-obvious (§ 103) re- The SPEAKER pro tempore (Mr. suits against the food industry. quirements of the Patent Act could be read to CULBERSON). The question is on the mo- From June 20 to the 22nd of last year, cover prior art so as to invalidate a patent. tion offered by the gentleman from personal injury lawyers from across The court wrote: Wisconsin (Mr. SENSENBRENNER) that the country gathered at a conference The statutory language provides a clear the House suspend the rules and pass designed to ‘‘encourage and support statement that subject matter that qualifies the bill, H.R. 2391, as amended. litigation against the food industry.’’ as prior art under subsection (f) or (g) cannot The question was taken; and (two- Attendees were required to sign an affi- be combined with other prior art to render a thirds having voted in favor thereof) davit in which they agreed to keep the claimed invention obvious and hence the rules were suspended and the bill, information they learned confidential inpatentable when the relevant prior art is as amended, was passed. and to refrain from consulting with or commonly owned with the claimed invention The title of the bill was amended so working for the food industry before at the time the invention was made. While as to read: ‘‘A bill to amend title 35, December 31, 2006, apparently setting a the statute does not expressly state . . . that United States Code, to promote cooper- § 102(f) creates a type of prior art for pur- deadline for bringing that vital indus- poses of § 103, nonetheless that conclusion is ative research involving universities, try to its knees in a nationally coordi- inescapable; the language that states that the public sector, and private enter- nated legal attack. § 102(f) subject matter is not prior art under prises.’’. The hatred of some lawyers for the limited circumstances clearly implies that it A motion to reconsider was laid on food industry is stark. Ralph Nader, for is prior art otherwise. the table. example, has compared food companies In making this ruling, the court states f to terrorists, saying that the double ‘‘[t]here is no clearly apparent purpose in GENERAL LEAVE cheeseburger is ‘‘a weapon of mass de- Congress’s inclusion of § 102(f) in the amend- struction.’’ ment other than an attempt to ameliorate the Mr. SENSENBRENNER. Mr. Speak- H.R. 339 prohibits obesity or weight- problems of patenting the results of team re- er, I ask unanimous consent that all gain-related claims against the food in- search.’’ Finally, the court added ‘‘while there Members may have 5 legislative days dustry, with reasonable exceptions, in- is a basis for an opposite conclusion, prin- within which to revise and extend their cluding those in which a State or Fed- cipally based on the fact that § 102(f) does not remarks and include extraneous mate- eral law was broken and as a result the refer to public activity, as do the other provi- rial on H.R. 339. person gained weight, and those in The SPEAKER pro tempore. Is there sions that clearly define prior art, nonetheless which a company violates an expressed objection to the request of the gen- we cannot escape the import of the 1984 contract or warranty. Also, because tleman from Wisconsin? amendment.’’ The holding creates a significant There was no objection. this bill only applies to claims based problem due to the way that most public-pri- on ‘‘weight gain’’ or ‘‘obesity,’’ law- vate sector research and development f suits could go forward under the bill, projects are structured. Since the early 1980s, PERSONAL RESPONSIBILITY IN if, for example, someone gets sick from universities, States and the Federal Govern- FOOD CONSUMPTION ACT a tainted hamburger. ment have become much more adept at gen- The SPEAKER pro tempore (Mr. The bill also contains essential provi- erating licensing revenue from intellectual SMITH of Texas). Pursuant to House sions governing the conduct of legal property developed by their faculty, staff and Resolution 552 and rule XVIII, the proceedings. H.R. 339 includes the very students. Many States and the Federal Gov- Chair declares the House in the Com- same discovery provisions designed to ernment now operate under laws and prac- mittee of the Whole House on the State prevent fishing expeditions that are al- tices under which they cannot or will not as- of the Union for the consideration of ready a part of our Federal securities sign their rights to inventions to a private-sec- the bill, H.R. 339. laws. It also contains provisions that tor collaborative partner. Typically, the univer- appropriately require that a complaint sity, State or Federal Government retains sole b 1223 set out the fact as to why the case ownership of the invention, while the invention IN THE COMMITTEE OF THE WHOLE should be allowed to proceed. is licensed for commercial exploitation to their Accordingly, the House resolved Some trial lawyers are mounting an research partner. itself into the Committee of the Whole attack on personal responsibility

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.038 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H947 against the advice of the Nation’s lead- Mr. Chairman, at this time, I will in- acknowledge that the Committee on Energy ing weight-loss experts. Listen to the sert in the RECORD jurisdictional let- and Commerce had jurisdiction over provi- insightful words of Dr. Gerard ters the gentleman from Texas (Chair- sions of the bill. In addition, the Committee on the Judiciary does not waive any of its ju- Musante, a clinical psychologist with man BARTON) and I have exchanged re- risdictional claims in these matters. training at Duke University Medical garding this legislation. I will include your letter and this response Center, who has worked for more than CONGRESS OF THE UNITED STATES, in the Committee’s report on H.R. 339 and in 30 years with thousands of obese pa- HOUSE OF REPRESENTATIVES, the Congressional Record during the consid- tients. He is the founder of Structure Washington, DC, March 4, 2004. eration of this bill in the House. I appreciate House, a residential weight-loss facil- Hon. F. JAMES SENSENBRENNER, Jr., your cooperation in this matter. ity in Durham, North Carolina. Dr. Chairman, Committee on the Judiciary, House Sincerely, Musante said the following at a Senate of Representatives, Washington, DC. F. JAMES SENSENBRENNER, Jr. DEAR CHAIRMAN SENSENBRENNER: On Janu- Chairman. hearing on this legislation: ary 28, 2004, the Committee on the Judiciary ‘‘Through working with obese pa- ordered reported H.R. 339, the Personal Re- AMENDMENT LANGUAGE tients, I have learned that the worst sponsibility in Food Consumption Act. As or- Strike the current § 4(5)(C) (the language thing one can do is to blame an outside dered reported by your Committee, this leg- that excludes suits relating to adulterated force to get themselves ‘off the hook,’ islation contains a number of provisions that foods) and insert: to say it’s not their fault and that they could fall within the jurisdiction of the Com- ‘‘(C) Such term shall not be construed to are a victim. Congress has rightly rec- mittee on Energy and Commerce. include an action brought under the Federal Specifically, I believe that H.R. 339 would Trade Commission Act (15 U.S.C. 41 et seq.) ognized the danger of allowing Ameri- impose a new scienter requirement with re- cans to continue blaming others for the or the Federal Food, Drug, and Cosmetic Act spect to certain enforcement actions taken (21 U.S. 301 et seq.).’’ obesity epidemic. It is imperative that by agencies and statutes within our jurisdic- REPORT LANGUAGE we prevent lawsuits from being filed tion. This requirement could fundamentally against any industry for answering alters how agencies, such as the Federal After the Committee on the Judiciary’s Trade Commission and the Food and Drug markup of H.R. 339, the Committee on En- consumer demands. The fact that we ergy and Commerce expressed concerns that are addressing the issue here today is a Administration, enforce violations of laws they administer. the definition of ‘‘qualified civil liability ac- step in the right direction.’’ Recognizing your interest in bringing this tion’’ might be construed to include actions The chairman of the American Coun- legislation before the House expeditiously, under the Federal Trade Commission Act or cil for Fitness and Nutrition, Susan the Committee on Energy and Commerce actions under the Federal Food, Drug, and Finn, has also written that ‘‘if you are agrees not to seek a sequential referral of Cosmetic Act. The Committee on the Judici- obese, you don’t need a lawyer; you the bill. In exchange, you have agreed to ary did not intend to include such actions in need to see your doctor, a nutritionist eliminate our jurisdictional concerns with a the definition and did not believe that the actions were included within its clear terms. and a physical trainer. Playing the floor amendment that expressly eliminates lawsuits brought under the Federal Trade Notwithstanding that, both Committees courtroom blame game won’t make agree on the policy that such actions should anyone thinner or healthier.’’ Commission Act and the Federal Food, Drug, and Cosmetic Act from the definition of not be precluded by H.R. 339. To make this Even the Los Angeles Times, which ‘‘qualified civil liability action’’ under the policy agreement abundantly clear, a man- rarely agrees with people on this side legislation. ager’s amendment to be offered during floor of the aisle, has editorialized against By agreeing not to seek a sequential refer- consideration of H.R. 339 will strike the cur- such lawsuits, stating, ‘‘People ral, the Committee on Energy and Commerce rent language in § 4(5)(C) excluding adultera- shouldn’t get stuffed, but this line of does not waive its jurisdiction over the bill tion suits and replace it with language stat- as your committee ordered it reported. In ad- ing explicitly that the definition shall not be litigation should.’’ construed to include actions under the Fed- On the other hand, the lobbying orga- dition, the Committee on Energy and Com- merce reserves its right to seek conferees on eral Trade Commission Act or the Federal nization for personal injury attorneys, any provisions within its jurisdiction which Food, Drug, and Cosmetic Act. The Com- the Association of Trial Lawyers of are considered in any House-Senate con- mittee on the Judiciary believes that this America, which opposes this legisla- ference. language will resolve the practical concerns tion, has published a litigation instruc- I request that you include this letter and of the Committee on Energy and Commerce. tion manual that openly belittles ju- your response as part of the Congressional Mr. Chairman, I reserve the balance rors who believe in ‘‘personal responsi- Record during consideration of this bill by of my time. bility.’’ According to that instruction the House. Mr. WATT. Mr. Chairman, I ask manual, ‘‘Often a juror with a high Sincerely, unanimous consent to substitute my- JOE BARTON, need for personal responsibility fixates Chairman. self for the gentleman from Virginia on the responsibility of the plaintiff. (Mr. SCOTT) and control the time in op- According to these jurors, a plaintiff CONGRESS OF THE UNITED STATES, position to the bill. must be accountable for his or her own HOUSE OF REPRESENTATIVES, The CHAIRMAN. Is there objection conduct. The personal responsibility Washington, DC, March 5, 2004. to the request of the gentleman from jurors tend to espouse traditional fam- Hon. JOE BARTON, North Carolina? ily values. Often these jurors have Chairman, Committee on Energy and Commerce, There was no objection. strong religious beliefs. The only solu- U.S. House of Representatives, Washington, Mr. WATT. Mr. Chairman, I yield DC 20515 tion is to identify these jurors and ex- myself such time as I may consume. DEAR CHAIRMAN BARTON: Thank you for I want to start by putting a couple of clude them from the jury.’’ your letter regarding H.R. 339, the ‘‘Personal Besides threatening to erode values Responsibility in Food Consumption Act.’’ I things in perspective. First of all, I of personal responsibility, the legal appreciate your willingness not to seek a se- agree with a lot of what the gentleman campaign against the food industry quential referral of the bill. from Wisconsin (Chairman SENSEN- threatens the separation of powers. I strongly disagree with your assertion of BRENNER) has said about personal re- jurisdiction over the bill. I do not believe sponsibility, so I want to go on record b 1230 that H.R. 339, as reported, contains provi- as saying that. I personally like fast Nationally coordinated lawsuits seek sions that affect lawsuits by the Federal food on some occasions, but I also take Trade Commission or the Food and Drug Ad- to accomplish through litigation that ministration, and the drafters did not intend personal responsibility for my own fit- which has not been achieved by legisla- such suits. Nor do I agree with the descrip- ness. So I am not here about personal tion and the democratic process. As tion of the bill in the second paragraph of responsibility. People do have personal one mastermind behind lawsuits your letter. However, I will include language responsibility. Let me put that on against the food industry has stated, (a copy of which is attached) in a manager’s record. ‘‘If the legislatures won’t legislate, amendment on the floor to make it clear I am here as the ranking member of then the trial lawyers will litigate.’’ In that such suites are not precluded or other- the Subcommittee on Commercial and order to preserve the separation of wise affected by the bill. I will also include Administrative Law, a subcommittee language our staffs have discussed in the powers and support the principle of Committee’s report (a copy of which is at- of the Committee on the Judiciary and, personal responsibility and to protect tached) to further clarify this point. for that reason, I have the responsi- the largest private sector employer of By agreeing to this resolution of this mat- bility to control the disposition of time the United States, let us pass H.R. 339. ter, the Committee on the Judiciary does not on this bill. And because I am standing

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.039 H10PT1 H948 CONGRESSIONAL RECORD — HOUSE March 10, 2004 in the middle of it, I suspect there will debate it today, every single lawsuit the United States, providing jobs for 12 be a number of things said that I need that has been filed dealing with this million American citizens. The con- to clarify in advance to position my- issue, every single lawsuit has been dis- sequences of these obesity lawsuits self. missed by the courts. against the food industry is that con- First of all, I suspect that my col- So when I say this is a solution in sumers will pay a higher price for food leagues are going to hear that I am search of a problem, understand that in restaurants. Mom and pop res- somehow a defender of fat, irrespon- there is no problem out there. The taurants would face unaffordable insur- sible people today. I suspect that at court system has already addressed ance rate hikes, and jobs could be cut some time during the course of this de- this perceived problem that we have. as a result. bate, I am going to be characterized as This, I say to my colleagues, is an ef- This legislation, in essence, provides the defender of irresponsible litigation. fort to take this politicized notion of that a seller or maker of a lawful food I suspect at some point during the personal responsibility and try to rub product shall not be subject to civil li- course of this debate today I am going people’s faces in it without regard to ability where the claim is premised to be characterized as the defender of the federalist system in which we are upon an individual’s weight gain relat- trial lawyers, the hated trial lawyers operating. ing to the consumption of that food. that many of my Republican colleagues This bill would insulate an entire in- This is a narrowly-drawn, measured just despise so much. dustry from liability and would under- piece of legislation. It does not immu- Let me make it clear at the outset of mine and insult, insult our State judi- nize the food industry. This legislation this debate that I am not here as any of ciaries in the various States around does not preclude suits from false ad- those things. I personally do not think the country, and the State legislatures vertising, mislabeling of food, adulter- much of these kinds of lawsuits, and I and the whole concept of Federalism. ated foods, or injuries from eating want to go on record as saying that. The growing trend in this body to at- tainted food. The gist of this legisla- But that is not the criteria in which I tempt to preempt by legislation litiga- tion is that there should be common can evaluate this proposed legislation. tion that is deemed ‘‘undesirable’’ or sense in the food court, not blaming As a member of the Committee on ‘‘frivolous’’ is very troublesome. It gets other people in the legal court. the Judiciary, I have some other re- us to a legislation by anecdote, a legis- Most people have enough common sponsibilities. I have a responsibility to lation by result, rather than any kind sense to realize that if they eat an un- defend the federalist system that has of honoring of the process that we limited amount of french fries, milk been set up under which we operate and should be working within. shakes, and cheeseburgers without ex- which is a constitutional framework I believe it is arrogant and dis- ercising, it can possibly lead to obe- over which States and local govern- respectful of our system of govern- sity. But in a country like the United ments have certain responsibilities and ment. This bill and others like it pre- States where freedom of choice is cher- over which the Federal Government sume that State courts, State legisla- ished, nobody is forced to supersize has certain responsibilities. And too tures, and the citizens of the States their fast food meals or to choose less often, what we hear in this body is lip themselves are woefully incompetent healthy options on the menu. Simi- service to that federalist system and to address burdens on their systems of larly, no one is forced to sit in front of lip service to the proposition that peo- government and that, somehow, we, as their TV all day and play video games, ple support States’ rights and, yet, Members of Congress, have some great instead of walking or bike riding. when the rubber meets the road, they intellectual capacity and responsibility Richard Simmons, the famous exer- walk away from any commitment to it. up here to control everything that ex- cise guru, recently said that people I think that is what is happening with ists in our country. It is a wrong-head- who bring these lawsuits against the this legislation that we are debating ed approach that we have set upon. food industry do not need a lawyer, today, because this has been an area There is absolutely no evidence in they need a psychiatrist, and the that has been uniquely within the support of the proposition that our American public seems to agree. In a province of States and State judi- States cannot handle these matters. recent objective Gallup poll, nearly ciaries and State legislatures. The details of this bill drafted in haste nine out of 10 Americans, 89 percent, I also want to warn us against this will be aptly debated throughout the oppose holding the fast food industry notion that somehow or another, our amendment process. But my major legally responsible for the diet-related court system is run amok and that we concern, and one that I will reflect in health problems of people who eat that should take responsibility as Members the amendments to the bill that I offer, kind of food. Interestingly, overweight of Congress in trying to correct every is what we should be doing as national people agreed with skinny people that aspect of our court system. Now, I policymakers. I do not believe that the fast food industry should not be want to tell my colleagues, I suspect overreacting to every headline con- held responsible for these types of that if there was anybody here who stitutes responsible legislating. I hope claims. ought to be suspicious and concerned that this body will get back to the Which brings me to the subject of about State courts and State courts business of evaluating the serious prob- lawyers. And, while we are here, some running amok, it would be me. I grew lems confronting the American people of the same lawyers who went after the up in the era of the civil rights move- and developing some solutions to those tobacco industry now have a goal of ment, and many of the State court problems: employment, the economy, suing the food industry for $117 billion, judges during that era were not espe- deficits, war. And this bill does not do which is the amount the Surgeon Gen- cially sensitive to people who looked that. Simply put, as I indicated before, eral estimates as the public health like me and had the racial characteris- this is a solution in search of a prob- costs attributable to being overweight. tics that I do. But one of the things lem, and it would not even be on the Now, based on a standard contin- that I learned during that process is floor, I think, today if we were dealing gency fee of 40 percent, that means that I do not always like the result with some of the problems that we these selfless lawyers interested in that a court comes out with, but the really ought to be confronting. public good would be recovering $47 bil- system of justice and judicial responsi- Mr. Chairman, with that, having set lion for themselves in attorneys’ fees, bility and the division of responsibil- the framework, I will reserve the bal- and that is, ultimately, what this is ities between the legislative branch ance of my time. about. In fact, in June of 2003, lawyers and the judicial branch, between the Mr. SENSENBRENNER. Mr. Chair- from all across the United States gath- Federal, State, and local governments man, I yield 5 minutes to the gen- ered in Boston for what they called the is a pristine, wonderful system that we tleman from Florida (Mr. KELLER), the first annual conference on legal ap- should honor, and sometimes we have author of the bill. proaches to the obesity epidemic. To to be patient and let this work itself Mr. KELLER. Mr. Chairman, I thank attend each work shop, the people had out in a way over time, and that is ex- the gentleman for yielding me this to sign an affidavit to attend the legal actly what has happened in this case. time. work shop in which it said, ‘‘This is in- From the dropping of this bill to the Mr. Chairman, the food industry is tended to encourage and support litiga- time that we have come to the floor to the largest private sector employer in tion against the food industry.’’

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.041 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H949 One of the ringleaders of this litiga- Mr. SCOTT of Virginia. Mr. Chair- The issue before us is responsibility, tion conference is a lawyer named John man, I thank the gentleman for yield- individual and personal responsibility Banzhaf. Mr. Banzhaf freely admits ing. for how we eat and how we exercise. We that his goal is to open the floodgates Whatever the merits of the lawsuits all know the statistics: two-thirds of of litigation against our Nation’s larg- which provoke this legislation are, we Americans are overweight; 15 percent est private sector employer: the food ought to focus on the fact that lawsuits of our children are too heavy; obesity industry. ought to be tried in court, where evi- rates among teenagers have tripled in b 1245 dence can be heard and objective law the last 20 years. Blaming the fast-food applied. industry is not the answer to reducing Specifically, Mr. Banzhaf said this: Today, we are allowing one industry obesity in America. ‘‘Somewhere there is going to be a to have the privilege of trying its law- Americans can sue the McDonald’ses judge and a jury that will buy this. And suit with politicians who will take pol- and Burger Kings of the world until once we get the first verdict, as we did itics and polls into consideration in- these establishments can pay no more, with tobacco, it will open the flood stead of being treated the same as but not one American will lose weight gates.’’ until they eat better and exercise more Now, the Democrats could have other citizens who have to try their cases in court. If the case on behalf of frequently. called anybody they wanted to. We had I support this legislation because I do a hearing on this. But they chose to the food industry is strong, then courts will know what to do; they can dismiss not want Americans to have a crutch call this man who says it will open the for their overweight problem: res- flood gates. He wants to open the flood the cases. Furthermore, if based on the evi- taurants and the fast-food industry. In- gates. That is what they said then. stead, I want to provide Americans a Then they come here today and it is, dence and the law the court finds that better way, a healthy life-style. What do you mean? There is no intent the law suit is frivolous, the court may assess sanctions against the plaintiffs If we really want to address the obe- to sue the food industry. Well, indeed, sity epidemic, we must focus on edu- lawsuits have been filed against and lawyers who file the suits. In fact, it is my understanding that all of the cating youngsters about the dangers of McDonald’s, Burger King, Wendy’s, being overweight and how eating the KFC, Kraft/Nabisco with new suits now lawsuits have in fact been dismissed. So what is wrong with the food indus- wrong foods only packs the pounds on. threatened by Mr. Banzhaf and others You could utilize programs such as the against the makers of ice cream. try being treated the same as other in- CDC’s Youth Media Campaign, other- The New York suits included one dustries when it comes to courts decid- wise known as the VERB program. with a man named Caesar Barber, who ing whether or not there is responsi- VERB is a proven program that en- went on ‘‘60 Minutes’’ and told them, ‘‘I bility for injuries to others? And what courages kids to get out and walk, want compensation for pain and suf- is wrong with trying cases in court bike, run, jog, play basketball, base- fering.’’ ‘‘60 Minutes’’ said, ‘‘How much with unbiased judges and juries hearing ball, skateboard, anything but just sit- money do you want?’’ Caesar Barber: both sides of the case according to ting in the house and watching tele- ‘‘Maybe $1 million. That is not a lot of rules which allow both sides to produce vision. money right now.’’ all relevant witnesses who will be The net result of lawsuits that blame We must think of what this is about. heard and cross-examined? the fast-food industry for our over- The litigation against the food indus- This process is in stark contrast to try is not going to make a single per- weight problems will be higher prices the congressional procedure where and lost jobs, not healthier Americans. son any skinnier; it is only going to committee chairmen invite the wit- serve to make the trial attorneys’ bank Eating right and increasing physical nesses they want and cross-examina- activity is the answer to a slimmer, accounts a lot fatter. tion of witnesses is severely con- In summary, we need to make it trimmer, fitter America, not lawsuits. strained both in time and by the fact Mr. WATT. Mr. Chairman, I yield 5 tougher for lawyers to file frivolous that the interested parties are not able lawsuits. We need to care about each minutes to the gentlewoman from the to cross-examine anyone. District of Columbia (Ms. NORTON). other more and sue each other less. We Mr. Chairman, in a democracy it is need to get back to the old-fashioned Ms. NORTON. Mr. Chairman, I thank fundamentally wrong for some indus- the gentleman from North Carolina principles of common sense, of personal tries to have the privilege of trying responsibility and get away from this (Mr. WATT), the subcommittee chair, their cases in a forum where their po- for yielding and for his very sensible new culture where everybody plays the litical allies will decide the merits of victim and sues others for their prob- approach to this issue. the case while everyone else is rel- I do not know if my good friends on lem. egated to the court system where evi- This legislation is a step in the right the other side of the aisle are trying to direction. I urge my colleagues to vote dence is heard and the law applied by change their political identity, but I ‘‘yes’’ on H.R. 339. judges and juries without political con- thought they stood for federalism and Mr. WATT. Mr. Chairman, I yield siderations. This bill sets a bad prece- local control. They are, however, devel- myself 1 minute simply to respond to dent. I therefore hope my colleagues oping a pattern of coming to the floor the prior speaker. will oppose this bill. in response to interest groups to knock Here we go, exactly what I said was Mr. SENSENBRENNER. Mr. Chair- out lawsuits even when they are win- about to happen is happening. 89 per- man, I yield 2 minutes to the gentle- ning in the courts. What a waste of cent of the public support does not sup- woman from Texas (Ms. GRANGER). time. port these kinds of lawsuits, but that Ms. GRANGER. Mr. Chairman, on Fast-food suits can hardly be the does not mean that we need a Federal Saturday I handed out awards to some American answer to obesity, a public statute to deal with this issue. In fact, 4,600 kids that participated with me in health problem; but they may be part it probably means exactly the opposite the Cowtown 5–K running race the of a revolution that is occurring in the of that. weekend before. I was happy to pro- fast-food industry. And I say to the Second, there have been a number of mote an activity that gets kids mov- fast-food industry, keep bringing on suits filed and every single one of them ing. And I think that getting young those changes at McDonald’s and all has been dismissed up to this point. So people in events like the Cowtown race the rest of these fast-food places that the process is working. And you are al- is a much better way to combat obesity are hearing us one way or the other. ready beginning to see that this is real- than targeting fast-food restaurants We all believe you have to take re- ly about having this opportunity in an with frivolous lawsuits. sponsibility for what goes into your official context to beat up on trial law- The question before this body today own mouth. I come to the floor because yers. We ought to be trying to do some is simply, Should it be just as easy to I think there is a great audacity in serious legislating rather than just file a lawsuit against a restaurant for coming to the floor, as the other side politicking with this bill. causing obesity as it is to drive is, to talk about personal responsi- Mr. Chairman, I yield 3 minutes to through the nearest take-out window bility when we are talking about a pub- the gentleman from Virginia, Mr. for a quick burger and fries? The an- lic health problem for which our gov- SCOTT. swer is no. ernment has not taken responsibility.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.042 H10PT1 H950 CONGRESSIONAL RECORD — HOUSE March 10, 2004 I worked with Chairman Porter, who, money to face this public health prob- and less and less likely that subsequent a couple years ago, retired from the lem so that people who are bringing lawsuits will be filed because then you House, on an appropriation that start- lawsuits out there know that we can do have got a backdrop against which peo- ed at $125 million. He started with chil- more than try to knock out lawsuits ple can go into court and say, well, this dren. I had a bill called Lifetime Im- that are knocking themselves out, but issue has been determined by a court provement in Food and Exercise, LIFE; that we are taking public health re- adversely and so it should not be here. and we joined forces. He came to the sponsibility for a public health crisis, There is an increased possibility, prob- Congress to a reception just to press just as we expect them to take per- ability that courts will find that subse- the notion once again last year. sonal responsibility for what they eat quent lawsuits are frivolous in this Secretary Thompson had the audac- every day. area. But all of those things argue for ity to go on television yesterday talk- Mr. WATT. Mr. Chairman, I yield our staying out of this and not building ing about some penny ante things that myself such time as I may consume. a whole new Federal framework for the administration is going to do. After Mr. Chairman and Members, I would dealing with a problem that does not having reduced this amount from $125 just reiterate a couple of points. It exist because our system is working. million this year to $5 million, they strikes me that given what has tran- Now, the next point I want to make tried in the last 2 years to get it to spired since this bill was introduced, that I have heard come out of this gen- zero. This is money that was going into even if it was originally a good idea eral debate up to this point is this job reducing obesity among children. and even if you accepted the notion loss notion. I have heard some really In today’s Washington Times, the that State courts were going to be irre- interesting explanations by this admin- front page says, and I quote, ‘‘Inactive sponsible and not do what they are sup- istration about why we are losing jobs Americans are Eating Themselves to posed to be doing, now that we have in this country. But this about takes Death at an Alarming Rate. Their seen the passage of time and had the all I have heard. Here we are now with unhealthy habits are approaching to- proof that State courts will dismiss some of my colleagues saying, well, if bacco as the top underlying prevent- these lawsuits, even if this bill was a we allow these lawsuits to be filed able cause of death, a government good idea, it seems to me that we have against McDonalds or whatever the study found.’’ proven with the passage of time that it fast food chains are, we are going to re- What is the government going to do is now definitely a solution in search of sult in job loss, and that is what is about its government study? I hope it a problem. The lawsuits have been dis- causing the big job loss in this country. does more than stop the trial litigation missed. Give me a break. We ought to know in the States, obviously not the answer better. And there are a bunch of rea- b 1300 to this problem when 60 percent of our sons that I could go into about why we people are overweight or obese. So, in effect, the system has worked are losing jobs, but this would be about An ad campaign as described by the exactly like we would like it to work. the 999,000th reason that I would get to Secretary himself consists of humor That is the way our system is set up. If before I would be identifying a source when they say you should get off your an individual believes that he has a for job loss in this country. So we are duff and walk your children around the cause of action and they believe that kind of grasping at straws here, from block. Mr. Chairman, this is far more they have been wronged, or somebody my perspective, on that argument. serious than that. This is the major has failed in meeting a standard that is Finally, it amazes me how the same health problem second only to smok- applicable, they have the right to file a people who, over and over and over, ing. lawsuit, go to court, and have that had campaigned saying they believe in I am grateful to the Committee on court make a determination on their local control and States’ rights. When Appropriations that instead of zeroing lawsuit. And that is exactly what has they do not get the result that they out public health money for the last 2 happened. want at the State level or even in this years, the appropriation has put in Now, quite often people make those case when they do get the result that money. We are going to be trying to judgments in different ways and you they want at the State level because get money again this year so we do end up with lawsuits being filed that all of these cases have been resolved more than talk about obesity or try to get dismissed. And that happens to adversely that have been filed, it is stop litigation. probably well over 90 percent of the amazing to me why we think in our ar- When you look at the amount of cases that get filed in court—they get rogance in this body that we ought to money that we have put into this prob- dismissed before they come to trial. just take over because we do not like lem ourselves, we started with a good Does that mean that they are all the result or we think State legislators Republican Chair of the HHS sub- frivolous? Well, some of them probably are incompetent or local elected offi- committee, starting at $125 million. are frivolous. And there are rules in cials are incompetent, we ought to Then he retires and the administra- place that allow the courts to sanction take it over at the Federal level and tion, his administration tries to zero it people and fine them and charge them forget about the constitutional frame- out. attorneys fees of the opposing party work that we are operating in. And it This Congress says, no, we will not when they file frivolous lawsuits. But is more inexcusable to me when these put 125. If the President wants it gone, people still file frivolous lawsuits, and bills come out of the Committee on the we will put 68, then the third year 51, those rules then are triggered and the Judiciary, where there should be the last year $35.8 million. Well, we are courts handle that. highest of respect for the constitu- going down, not up; but people rush to Does it mean that even the frivolous tional parameters in which we operate. the floor, the Committee on the Judici- lawsuits should not have been dis- This is not something that we should ary regards it as a priority to stop missed? Well, there is another category be doing from a number of different some lawsuits that are stopping them- of cases where there is not enough law perspectives. And I just beg my col- selves. That is my concern. to support filing a lawsuit. Whether leagues, I guess it is a good debate. It My bill, Lifetime Improvement in you have a good lawsuit is a function is a good way to get us out here on the Food and Exercise, which I joined with of whether you have got the facts and floor and take up some time when we Chairman Porter in producing this a function of whether you have got the really ought to be talking about the first, first significant public health law on your side. But our system is set things that are really causing job loss. money, is now being eroded by the ad- up to allow courts to make that deter- We are out here grasping at straws ministration. And I now find myself mination, and I would submit that looking for some something to do with only $5 million in the administra- State courts have as much expertise, today. Do we not have something else tion’s budget this time rather than probably more expertise, in making that we could be doing on the floor zero; $5 million reduced from $125 mil- these determinations than our Federal today that really honors our constitu- lion means they want public health judiciary. tional framework? Surely there must money to combat obesity gone. The next point I would draw from be something better. I am going to ask the Members of this is that as these lawsuits have been Mr. Chairman, I yield back the bal- this House to help me in restoring dismissed, it strikes me that it is less ance of my time.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.045 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H951 Mr. SENSENBRENNER. Mr. Chair- down the judicial process and threatens small as a bill that stops frivolous lawsuits. Essen- man, I yield myself the balance of my business owners. A recent poll shows that 89 tially, it really is frivolous legislation. Fast food time. percent of Americans believe that restaurants lawsuits are extremely rare, and existing court Mr. Chairman, I have been listening should not be held liable for an individual’s procedures already weed most of them out to this debate since it began and until obesity or weight gain. The National Res- before they get to trial. This is a manufactured the gentleman from North Carolina taurant Association believes lawsuits attacking issue, and this bill was created just to get a (Mr. WATT) got up and brought in the food is not the answer to our nation’s obesity political score, catering to big corporations. whole subject of job loss, I did not hear problem. Emphasis must be placed on edu- The real problem is that to get that political anything about job loss at all. cation, personal responsibility, moderation, score, this bill compromises the rights of Well, this bill is about preventing job and healthier lifestyles. states, denies citizens their right to be heard loss because if a franchisee of a major This legislation would prevent food compa- in a court of law, and impinges on the judici- national fast food chain ends up get- nies from being held liable for the condition of ary. ting sued, he will be out of business, obese and overweight consumers. Our public Furthermore, this bill will stifle a dialogue even if he wins his lawsuits because of health would remain protected and any estab- that is leading to better information and edu- all the legal fees and deposition fees lishment distributing food that has a defect or cation about the health effects of various in- and expert witness fees that he is going that is improperly prepared will be held ac- gredients, and encouraging the food industry to have to pay. countable. to develop more healthful products. This silly So it seems to me that for once, Con- Mr. Chairman, the time has come to end bill could cost lives. gress is getting ahead of the curve on these lawsuits against our American res- Court procedures that have been carefully this because we do have the evidence taurants and small business owners. developed over the centuries already ensure that a bunch of plaintiffs lawyers got Mr. STARK. Mr. Chairman, I rise in opposi- that defendants are treated fairly. It is up to together and they required everybody tion to the so-called Personal Responsibility in the courts to decide if a case is frivolous. Our who went to this conference to sign an Food Consumption Act. This legislation is un- legal system has multiple procedural safe- affidavit of confidentiality and a prom- necessary. Lawsuits brought against fast food guards to ensure defendants’ rights. For ex- ise that they would not consult with or companies for allegedly causing obesity have ample, judges monitor filings at every step, represent the food industry until the been routinely thrown out. The fact is the law and can dismiss cases that lack merit at any end of 2006. has worked in repelling bogus legal claims. time. Sufficient quality evidence must be Now, let us get back to what this bill Yet, I suppose just like every other self- present for any case to proceed. Attorneys consists of. This bill consists of impos- serving business lobby in Washington, the fast can be punished and, in some cases, may be ing personal responsibility. And in my food industry wants the Republicans to protect required to pay monetary penalties if they part of the general debate, I quoted them from being responsible. It’s as if they’re bring frivolous cases to court, or otherwise Susan Finn, who is the head of the asking the GOP to ‘‘super size it’’ with a mas- abuse the process. Also, the contingency fee American Council on Fitness and Nu- sively overreaching bill that grants fast food system keeps attorneys from taking baseless trition. She said, ‘‘If you are obese, do companies broad and unprecedented liability cases. Usually, they only get paid if a judge or not get a lawyer. See your doctor. See protection even in instances where they are jury determines that the case was not frivo- a nutritionist and see a personal train- clearly negligent. lous. er, because you made yourself obese. It Remember now that this legislation is an However, just the threat of such cases has was not the system that did it or the unnecessary response to a completely imag- made our food supply safer and more health- local fast food chain that did it. You ined problem. Consider then the impact it will ful. Since the press coverage of obesity law- did it yourself.’’ have on ordinary Americans if they are injured suits began, fast food chains and junk food And then I quoted the doctor who by reckless behavior. producers have taken more responsibility for runs the residential facility in Dur- Well, to start with, this bill says that if a fast their products. Consider the following develop- ham, North Carolina, and he said, ‘‘The food chain is reckless and causes injury in a ments: after publicity over a lawsuit against worst thing in the world you can do for manner that is not already prohibited under Kraft Foods regarding the dangerous trans-fat an obese person is to give them a way state or federal law, they can’t be held ac- found in Oreo cookies, the FDA issued re- out, to let them blame somebody else. countable. Second, if a fast food restaurant quirements that food labels reveal exact levels They are going to have to look in the does break a state or federal law but says of the artery-clogger. According to the Associ- mirror if they want to get better and they didn’t mean to do it, they get off just as ated Press; ‘‘the FDA has estimated that they want to prevent themselves from easy. merely revealing trans-fat content on labels having all the health problems and This is a question of responsibility. I don’t would save between 2,000 and 5,600 lives a lowered life expectancy as a result of think most Americans believe anyone ought to year, as people either would choose healthier eating too much and eating too much get this kind of special treatment, especially foods or manufacturers would change their of bad stuff.’’ when the result might well be more reckless recipes to leave out the damaging ingredient.’’ So, let us talk about saving jobs be- and dangerous behavior. has reported that Kraft fore they go. Let us talk about not giv- Finally, let me just say that I find it inter- and other major food companies, like McDon- ing people who are in denial a reason to esting we would bring up the issue of obesity alds, Kellogg and PepsiCo, have promised to get themselves off the hook. And let us without a meaningful discussion of ways in change how they produce foods and to take talk about putting some sense in our which we can promote better health. health concerns into greater consideration. legal system because it is not the food There is no discussion in this chamber The New York City public school system industry or those who sell a legal prod- today about making sure children are learning banned candy, soda and other sugary uct that make people obese. It is people about and getting better nutrition. There is not from school vending machines to combat obe- buying too much and consuming too a word mentioned about better food labeling sity among schoolchildren. much of that legal product. That is so that Americans are better informed about Although the most recent lawsuit against what this bill attempts to address and the impact their choice of diet has on their McDonalds was dismissed in September, it that is why it ought to pass. health and longevity. We aren’t talking about was still followed by a sudden wave of cor- Mr. CANTOR. Mr. Chairman, I rise today in making sure the fast food industry fully dis- porate responsibility. McDonalds will now offer support of legislation to end misguided obe- closes the health risks of high fat food that a ‘‘Go Active Meal’’ for adults modeled after sity-related lawsuits. The Personal Responsi- they have continually marketed and made the children’s Happy Meal. It will contain a bility in Food Consumption Act, H.R. 339, easily accessible in every corner of this coun- healthy salad along with exercise tools. Burger would take a strong step forward in accom- try. King has joined the effort by creating low fat plishing this goal. I strongly support this com- I ask my colleagues to vote down this chicken baguettes for health conscious con- mon sense legislation and believe it is time to unneeded and potentially damaging legisla- sumers, and Pizza Hut is offering the Fit ’N end frivolous lawsuits against our nation’s tion—it’s a matter for the courts, not Con- Delicious pizza that is only 150 calories per 878,000 restaurants and their 12 million em- gress. We ought to focus on bringing Ameri- large pizza compared to the 450 calories in ployees. cans to better health, rather than the healthy just one slice of its Stuffed Crust pizza. In recent years, our nation’s vast restaurant profits of the fast food industry. I am against frivolous lawsuits, and hope industry has come under attack from absurd Ms. JACKSON-LEE of Texas. Mr. Chair- the courts will continue to exercise restraint obesity lawsuits. This litigation has bogged man, I strongly oppose this bill. It is advertised and control in protecting the defendants from

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K10MR7.047 H10PT1 H952 CONGRESSIONAL RECORD — HOUSE March 10, 2004 ridiculous claims. But the few suits that have sumption of certain foods because of their ad- Physical education is not a part of Congress’ come up have cost very little overall, and have verse effects on a person’s health and weight answer to school reform, and we find today started a public dialogue that has led to a new gain should not be subject to litigation from that most of our children do not get regular level of corporate responsibility and consumer the food industry while it stands immunized physical activity as a daily part of the school awareness. We should not interfere with that from any accountability under this bill. curriculum. In our transportation bill we could dialogue. I will vote against this bill and urge my col- provide major opportunities for safe routes to In effort to lessen the frivolous nature of this leagues to do the same. school so that our children could walk and bill, I offer two amendments and ask that my Mr. SHUSTER. Mr. Chairman, I rise today in bike to school on their own. These would be colleagues join me to save what promises to support of H.R. 339, the Personal Responsi- simple, commonsense, cost-effective steps to be an attempted legislative fix to a problem bility in Food Consumption Act. This common improve the health of our children and their that has already been addressed in the courts. sense legislation would prohibit lawsuits that families, while improving the environment and First of all, for the sake of clarification, this bill claim a food manufacturer or seller is respon- quality of life. prohibits suits against food manufacturers, and sible for an individual’s weight gain or obesity. Instead of dealing substantively with the relies on the definition of ‘‘food’’ under the The food service industry is our nation’s obesity problem, Congress in its wisdom has Food, Drug and Cosmetic Act. In 1994, Con- largest private sector employer, providing seen fit to continue selectively tinkering with gress passed the Dietary Supplement Health more than 12 million jobs in this country. Due the legal system by providing immunity from and Education Act to clarify that ‘‘a dietary to the industry’s success of selling a legal litigation. Never mind there has never been a supplement shall be deemed to be a food’’ for product and meeting consumer demands, they jury verdict for a plaintiff in an obesity lawsuit. all purposes within the Food, Drug and Cos- have become the next target for the personal Corporations like McDonalds are well suited to metic Act (21 USC 301 (ff)). Because this bill injury trial lawyers. If we do not pass this leg- take care of themselves, but the House lead- relies on this definition of ‘‘food,’’ it also ap- islation, we will clear the way for the next free- ership is taking a page out of their recent out- plies to dietary supplements. for-all and litigation-lottery created to line the rageous, unprecedented immunity for gun The first of these amendments, ‘‘MJ–004,’’ pockets of trial lawyers and send the message manufacturers. Not only is this legislation will ensure that dietary supplement manufac- to Americans that they no longer have to be unneeded, but it would immunize defendants turers don’t get away with murder. This bill, as responsible for their actions. Make no mistake for negligent and reckless behavior including drafted, bans not only so-called ‘‘obesity-re- about it, this legislation is about personal re- mislabeling of food products, something that I lated suits,’’ but any civil action that ‘‘relate[s] sponsibility. Each individual must be held ac- find impossible to explain to American con- to . . . a person’s consumption of a qualified countable for their own personal choices and sumers. product . . . and any health condition that is that includes the choices they make regarding I find this trivializing a serious issue, under- associated with a person’s weight gain.’’ Note what and how much they eat. cutting fundamental legal protections, and pro- that the person with the health condition does By supporting this legislation, we are not viding a remedy for a problem that does not, not have to be obese, they only have to have turning our backs on this country’s problem at this point, appear to exist. a health condition that obese people also with obesity but will in fact take one step clos- Mr. HAYES. Mr. Chairman, I rise today in have. Heart disease and kidney problems er in addressing the issue in a responsible support of H.R. 339—the Personal Responsi- would be some of those diseases, for exam- and reasonable manner. As a nation, we must bility in Food Consumption Act. This legislation ple. Hidden in this convoluted definition is the look for solutions to this public health problem. will help to avoid frivolous lawsuits that will fact that this bill will shield the producers of di- However, the solutions will not be found in the serve only to victimize innocent restaurants etary supplements from all liability. I offer this courtroom. Baseless and frivolous lawsuits are and make the American consumer pay a amendment to ensure that makers of these a misguided attempt to correct the poor eating price. Frivolous lawsuits are driving up the highly dangerous—and highly unregulated— habits of Americans and will not help a single cost of doing business in this country and it’s drugs are held accountable for their actions. individual in their struggle with obesity. The costing us jobs. The simple fact is that respon- Now that ephedra is gone, new diet drugs answers to our nation’s struggle with weight sibility for obesity here in America rests with are already taking its place: bitter orange, and the associated health problems can be the individual choices made by each citizen. aristolochic acid and usnic acid. All three have found by educating individuals about healthy And this legislation makes that clear. been associated with kidney and liver prob- lifestyle choices. It is doctors, nutritionists, and Recently, an editor in my district made this lems. While the FDA claims that it will look other health care providers that can offer help point very clear. I would like to quote from his into the matter, we all saw what happened the to overweight Americans—not personal injury column, which ran in the Richmond County last time the FDA began its cumbersome proc- lawyers. If lawsuits that blame the food indus- Daily Journal, which I believe represents the ess. How many people will die this time? try for an individual’s weight gain are allowed, spirit of this important legislation. While the government works through its bu- we will simply make it easier for individuals to McDonald’s nor any of its comrades in the reaucratic process, we have to let people have shift the blame to someone else. In a society fast-food world, doesn’t hold a gun to your their day in court to stop these tragic events that values choices and personal freedom, I head and force you to eat Supersize fries. believe we must take responsibility for our You—and you alone—make that decision; from happening again. McDonald’s is simply following supply-and- I offered an amendment, ‘‘WATT–019,’’ in own choices in order to preserve them. We demand protocol by offering Supersize fries. addition to ‘‘MJ–004.’’ This amendment would cannot stand by and let trial lawyers attempt The Big M in the Sky didn’t make you prohibit the food industry—which enjoys broad to legislate through litigation. I urge my col- obese; you did. immunity under this bill—from initiating law- leagues to vote for common sense and per- It is past time in this country for all individ- suits against any person for damages for other sonal responsibility by supporting this impor- uals to take responsibility for the choices and relief due to injury or potential injury based on tant legislation. freedoms available to us as Americans and a person’s consumption of a qualified product Mr. BLUMENAUER. Mr. Chairman, if any- cease passing the buck through frivolous law- and weight gain, obesity, or any health condi- one needed an example of how Congress suits that blame others for our poor decisions. tion that is associated with a person’s weight misses opportunities to make a difference, I strongly urge my colleagues to support this gain or obesity. they need only to look at today’s discussion of legislation that will prevent lawsuits based on This amendment is necessary to insure that H.R. 339, a fast food tort reform bill. The very poor decision-making. the public debate on the health and nutritious title invites parody. At a time when obesity is Mr. CONYERS. Mr. Chairman, I rise in effects of mass marketed food products is not the fastest growing health care in America, af- strong opposition to this legislation which is completely squelched by this bill. fecting over one-third of American adults and both misleading and frivolous. In 1996, was sued under my touching almost every family, and when we H.R. 339 goes much further than its stated home state’s ‘‘food disparagement’’ laws by have particular concern about an explosion of purpose of banning the small handful of pri- the beef industry for comments she made fol- childhood obesity and related illnesses, there vate suits brought against the food industry. It lowing the first ‘‘Mad cow’’ scare this country is good reason for Congress to become con- also bans suits for harm caused by dietary witnessed. After years of litigation, transfer of cerned. supplements and mislabeling which have noth- her television show to Texas, and an expendi- Congress could make a real difference by ing to do with excess food consumption, and ture of over $1 million, Ms. Winfrey prevailed providing reasonable diet standards including would prevent state law enforcement officials at trial and on appeal. school lunch programs to help remedy this from bringing legal actions to enforce their My amendment insures that what’s good for epidemic. Another step would be to have edu- own consumer protection laws. the geese is good for the gander. Those ad- cation reform and ‘‘leave no child behind,’’ If you don’t believe me, I implore you to vancing healthy diets by discouraging the con- have a provision dealing with children’s health. read the bill. Section 4(5) would prevent any

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\A10MR7.023 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H953 legal action relating to ‘‘any health condition factures of cars that go above 65 miles per SEC. 2. PURPOSE. that is associated with a person’s weight gain hour for speeding tickets? The purpose of this Act is to allow Congress, or obesity’’ stemming from consumption of a Congress bears some responsibility for the State legislatures, and regulatory agencies to determine appropriate laws, rules, and regula- ‘‘qualified food product,’’ which in turn is de- decline of personal responsibility that led to tions to address the problems of weight gain, fined to include food and nutritional supple- the obesity lawsuits. After all, Congress cre- obesity, and health conditions associated with ments. There is no requirement whatsoever ated the welfare state that popularized the no- weight gain or obesity. that the person actually have gained weight as tion that people should not bear the costs of SEC. 3. PRESERVATION OF SEPARATION OF POW- a result of consuming the product. As a result, their mistakes. Thanks to the welfare state, ERS. the bill would prevent persons who develop too many Americans believe they are entitled (a) IN GENERAL.—A qualified civil liability ac- heart disease and diabetes from dietary sup- to pass the costs of their mistakes on to a tion may not be brought in any Federal or State plements such as Ephedra and Phen Phen third party—such as the taxpayers or a cor- court. (b) DISMISSAL OF PENDING ACTIONS.—A quali- from being able to obtain redress. Moreover, poration with ‘‘deep pockets.’’ fied civil liability action that is pending on the under the Manager’s amendment, private ac- While I oppose the idea of holding food date of the enactment of this Act shall be dis- tions for harm caused by adulterated or manufactures responsible for their customers’ missed immediately by the court in which the poisoned products would also be limited. misuse of their products, I cannot support ad- action was brought or is currently pending. Even worse, the bill bans these lawsuits on dressing this problem by nationalizing tort law. (c) DISCOVERY.— a retroactive basis, so it would throw out doz- It is long past time for Congress to recognize (1) STAY.—In any qualified civil liability ac- tion, all discovery and other proceedings shall ens of Ephedra and Phen Phen cases cur- that not every problem requires a federal solu- be stayed during the pendency of any motion to rently pending in court. This is a far cry from tion. This country’s founders recognized the dismiss unless the court finds upon motion of the concerns that led to this legislation. genius of separating power among federal, any party that particularized discovery is nec- H.R. 339 would also prevent state law en- state, and local governments as a means to essary to preserve evidence or to prevent undue forcement officials from enforcing their own maximize individual liberty and make govern- prejudice to that party. laws. Under section 4(3) the bill applies to ment most responsive to those persons who (2) RESPONSIBILITY OF PARTIES.—During the legal actions brought by any ‘‘persons,’’ which might most responsibly influence it. This sepa- pendency of any stay of discovery under para- in turn is defined to include any ‘‘governmental ration of powers strictly limits the role of the graph (1), unless otherwise ordered by the court, any party to the action with actual notice of the entity.’’ That means state attorneys general federal government in dealing with civil liability allegations contained in the complaint shall will be prevented from pursuing actions for de- matters; and reserves jurisdiction over matters treat all documents, data compilations (includ- ceptive practices and false advertising against of civil tort, such as food related negligence ing electronically recorded or stored data), and the food industry. Again, this is a vast depar- suits, to the state legislatures. tangible objects that are in the custody or con- ture from most of the so-called tort reform bills Finally, Mr. Chairman, I would remind the trol of such person and that are relevant to the considered by this Congress, which are draft- food industry that using unconstitutional fed- allegations, as if they were the subject of a con- ed to apply to private lawsuits. eral powers to restrict state lawsuits makes it tinuing request for production of documents The legislation is frivolous because it deals more likely those same powers will be used to from an opposing party under applicable Fed- with a non-existent problem. To date every eral or State rules of civil procedure, as the case impose additional federal control over the food may be. A party aggrieved by the willful failure single private lawsuit against the industry—a industry. Despite these lawsuits, the number of an opposing party to comply with this para- total of five—have been dismissed. The sys- one threat to business remains a federal gov- graph may apply to the court for an order tem is working fine, there is absolutely no cri- ernment freed of its Constitutional restraints. awarding appropriate sanctions. sis. Frivolous suits are thrown out of courts, After all, the federal government imposes nu- (d) PLEADINGS.—In any action of the type de- and lawyers who bring them are subject to merous taxes and regulations on the food in- scribed in section 4(5)(A), the complaint initi- fines and other sanctions. It is absurd that this dustry, often using the same phony ‘‘pro-con- ating such action shall state with particularity Congress would even consider eliminating li- sumer’’ justifications used by the trial lawyers. the Federal and State statutes that were alleg- edly violated and the facts that are alleged to ability when today’s Washington Post is re- Furthermore, while small businesses, such as have proximately caused the injury claimed. porting that obesity is passing smoking as the fast-food franchises, can move to another SEC. 4. DEFINITIONS. leading avoidable cause of death in our na- state to escape flawed state tax, regulatory, or In this Act: tion. legal policies, they cannot as easily escape (1) ENGAGED IN THE BUSINESS.—The term ‘‘en- Lets not pass a bill which harms the victims destructive federal regulations. Unconstitu- gaged in the business’’ means a person who of Ephedra and Phen Phen, or handcuffs our tional expansions of federal power, no matter manufactures, markets, distributes, advertises, state attorneys general from protecting con- how just the cause may seem, are not in the or sells a qualified product in the person’s reg- sumers. interests of the food industry or of lovers of lib- ular course of trade or business. (2) MANUFACTURER.—The term ‘‘manufac- I urge a ‘‘no’’ vote. erty. Mr. PAUL. Mr. Chairman, Congress is once turer’’ means, with respect to a qualified prod- In conclusion, while I share the concern uct, a person who is lawfully engaged in the again using abusive litigation at the state level over the lawsuits against the food industry that business of manufacturing the product in inter- as a justification nationalizing tort law. In this inspired H.R. 339, this bill continues the dis- state or foreign commerce. case, the Personal Responsibility in Food turbing trend of federalizing tort law. Enhanc- (3) PERSON.—The term ‘‘person’’ means any Consumption Act (H.R. 339) usurps state juris- ing the power of the federal government is in individual, corporation, company, association, diction over lawsuits related to obesity against no way in the long-term interests of defenders firm, partnership, society, joint stock company, or any other entity, including any governmental food manufactures. of the free market and Constitutional liberties. Of course, I share the outrage at the obesity entity. Therefore, I must oppose this bill. (4) QUALIFIED PRODUCT.—The term ‘‘qualified lawsuits. The idea that a fast food restaurant Mr. SENSENBRENNER. Mr. Chair- product’’ means a food (as defined in section should be held legally liable because some of man, I yield back the balance of my 201(f) of the Federal Food, Drug, and Cosmetic its customers over indulged in the restaurants time. Act (21 U.S.C. 321(f))). products, and thus are suffering from obesity- The CHAIRMAN pro tempore (Mr. (5) QUALIFIED CIVIL LIABILITY ACTION.—The related health problems, is the latest blow to OSE). All time for general debate has term ‘‘qualified civil liability action’’ means a the ethos of personal responsibility that is fun- expired. civil action brought by any person against a damental in a free society. After all, McDon- manufacturer or seller of a qualified product, or Pursuant to the rule, the amendment a trade association, for damages, penalties, de- alds does not force anyone to eat at its res- in the nature of a substitute printed in claratory judgment, injunctive or declaratory taurants. Whether to make Big Macs or salads the bill is considered as an original bill relief, restitution, or other relief arising out of, the staple of one’s diet is totally up to the indi- for the purpose of amendment and is related to, or resulting in injury or potential in- vidual. Furthermore, it is common knowledge considered read. jury resulting from a person’s consumption of a that a diet centering on super-sized cheese- The text of the amendment in the na- qualified product and weight gain, obesity, or burgers, french fires, and -filled colas is ture of a substitute is as follows: any health condition that is associated with a person’s weight gain or obesity, including an not healthy. Therefore, there is no rational H.R. 339 basis for these suits. Some proponents of law- action brought by a person other than the per- Be it enacted by the Senate and House of Rep- son on whose weight gain, obesity, or health suits claim that the fast food industry is ‘‘prey- resentatives of the United States of America in condition the action is based, and any deriva- ing’’ on children. But isn’t making sure that Congress assembled, tive action brought by or on behalf of any per- children limit their consumption of fast foods SECTION 1. SHORT TITLE. son or any representative, spouse, parent, child, the responsibility of parents, not trial lawyers? This Act may be cited as the ‘‘Personal Re- or other relative of any person, but shall not in- Will trial lawyers next try to blame the manu- sponsibility in Food Consumption Act’’. clude—

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A10MR7.027 H10PT1 H954 CONGRESSIONAL RECORD — HOUSE March 10, 2004 (A) an action in which a manufacturer or sell- Mr. SENSENBRENNER. Mr. Chair- the prospect of lawsuits which might, er of a qualified product knowingly and will- man, my amendment does not alter the in some way, jeopardize the expansion fully violated a Federal or State statute applica- substance of the bill, it simply clarifies of the American economy and the cre- ble to the manufacturing, marketing, distribu- it further. First, to clarify and ensure ation of new jobs in manufacturing. tion, advertisement, labeling, or sale of the product, and the violation was a proximate consistency in interpretation, it simply b 1315 cause of injury related to a person’s weight amends one phrase in the bill’s stay provisions in Sec. 3(c) to track lan- I think that this tells us many gain, obesity, or any health condition associated things. First of all, it says they no with a person’s weight gain or obesity; guage used in the bill’s pleading re- (B) an action for breach of express contract or quirements in Sec. 3(d). Second, it re- longer care about autos or steel or air- express warranty in connection with the pur- places Sec. 4(5)(c) with language mak- craft or other important manufac- turing concerns and interests that chase of a qualified product; or ing it clear that the term ‘‘qualified (C) an action regarding the sale of a qualified mean jobs, real jobs for the American civil liability action’’ does not include product which is adulterated (as described in people, but at least it means that they an action brought under the Federal section 402 of the Federal Food, Drug, and Cos- are paying attention to the fact that Trade Commission Act or the Federal metic Act (21 U.S.C. 342)). we have got to have something done for (6) SELLER.—The term ‘‘seller’’ means, with Food, Drug and Cosmetic Act. job creation in this country. It means respect to a qualified product, a person lawfully I believe that this change satisfies that they are finally recognizing that engaged in the business of marketing, distrib- the objections that the Committee on we have to protect some portion of the uting, advertising, or selling a qualified product Energy and Commerce levied against in interstate or foreign commerce. American economy. the bill. (7) STATE.—The term ‘‘State’’ includes each of The fact that they are beginning the several States of the United States, the Dis- I would urge the Members to support with fast food, and food should not be a trict of Columbia, the Commonwealth of Puerto my clarifying amendment. source of condemnation but rather one Mr. DINGELL. Mr. Chairman, I rise Rico, the Virgin Islands, Guam, American of praise, because it means that after a Samoa, and the Commonwealth of the Northern in support of the amendment. long slumber, they have come alert to Mariana Islands, and any other territory or (Mr. DINGELL asked and was given a significant problem, the fact that possession of the United States, and any polit- permission to revise and extend his re- they are not competent to come for- ical subdivision of any such place. marks.) (8) TRADE ASSOCIATION.—The term ‘‘trade as- ward with a real solution, which puts Mr. DINGELL. Mr. Chairman, I rise sociation’’ means any association or business or- Americans back to work in real jobs, in support of this amendment. I rise in ganization (whether or not incorporated under which would enable Americans to have support of the thesis that we should be Federal or State law) that is not operated for jobs, which will enable them to feed considering these matters. profit, and 2 or more members of which are man- their families, to house them properly, ufacturers, marketers, distributors, advertisers, This legislation is a very important to see to it that they are properly edu- or sellers of a qualified product. part of the administration’s program. cated or go to college is only a begin- The CHAIRMAN pro tempore. No Just think what it does for this Nation. ning. amendment to that amendment shall It says that civility liabilities actions We must hope that with the assist- be in order except those printed in the in Federal, State courts against food ance of this body and the passage of designated place in the CONGRESSIONAL manufacturers, distributors or sellers this important legislation that per- RECORD and pro forma amendments for that are based on a claim that the per- haps, just perhaps, we will begin down the purpose of debate. Amendments son’s food consumption resulted in the road towards doing something printed in the RECORD may be offered weight gain, obesity or a health condi- about protecting American manufac- only by the Member who caused it to tion that is associated with weight turing, about protecting American be printed or his designee and shall be gain or obesity is terminated. A very manufacturing jobs and about seeing to considered read. important step. it that Americans go back to work. Are there any amendments? Now let me give you the history of I do not want my colleagues to deni- AMENDMENT NO. 5 OFFERED BY MR. what we are talking about here, be- grate the administration. It is not SENSENBRENNER cause the administration has an eco- funny. It is sad, and what I want to say Mr. SENSENBRENNER. Mr. Chair- nomic program and it is an important to my colleagues is, it is time we do man, I offer an amendment. economic program and the American something more than just pass this The CHAIRMAN. The Clerk will des- people need to know what it is. kind of legislation. ignate the amendment. First, the Chairman of the Council of Let us address the problem of the The text of the amendment is as fol- Economic Advisors said that the trans- sanctions that the Europeans are get- lows: portation of American jobs abroad or ting ready to put on American manu- Amendment No. 5 offered by Mr. SENSEN- outsourcing is a normal part of trade facturers and American industry and BRENNER: and he supports it. Second, the admin- the American economy. There is a dis- Section 3(c)(1), strike ‘‘In any qualified istration has come forward with a seri- charge petition down here at the civil liability action,’’ and insert ‘‘In any ac- tion of the type described in clause (i) or (ii) ous attempt to expand the definition of clerk’s desk. My colleagues can sign on of section 4(5)(B),’’. manufacturing in this country, some- it if they want. We can begin to address Section 3(d), strike ‘‘section 4(5)(A)’’ and thing which is very important, espe- the fact that this administration does insert ‘‘section 4(5)(B)(i)’’. cially if you are sending manufacturing not care about manufacturing, that Section 4(5), strike ‘‘The term’’ and insert jobs overseas. And this administration they have lost millions of manufac- ‘‘(A) Subject to subparagraphs (B) and (C), has sent 2.7 million manufacturing jobs turing jobs, that they are not able to the term’’. overseas. They have also lost 3.3 mil- Section 4(5), strike ‘‘any person, but shall be truthful about it. not include—’’ and insert ‘‘any person.’’ lion jobs in the United States. So there Last month, we got 22,000 jobs Section 4(5), insert after ‘‘any person.’’ (as is a serious attempt on the part of this through. In these jobs, 21,000 of them inserted by the preceding instruction) the administration to grapple with that were government jobs, State and local. following: problem. They were not manufacturing. They (B) Such term shall not include– They seek to see to it that we can were not jobs that put people to work, Section 4(5), strike ‘‘(A) an action’’ and in- change the definition of manufacturing and they were not jobs that increase sert ‘‘(i) an action’’. Section 4(5), insert ‘‘or’’ after ‘‘obesity;’’. jobs now so that they cover fast food productivity for the economy. They Section 4(5), strike ‘‘(B) an action’’ and in- handling. Just think of what this were just jobs in the service industry. sert ‘‘(ii) an action’’. means in terms of jobs for the Amer- If my colleagues look, they will find Section 4(5), strike ‘‘; or’’ and insert a pe- ican people. Jobs in manufacturing that there are hundreds of thousands of riod. that paid $27 an hour will now pay min- Americans every month who are falling Section 4(5), strike subparagraph (C) and imum wages at McDonalds or Wendy’s off the unemployment rolls. If my col- insert the following: leagues look, they will find that there (C) Such term shall not be construed to in- or Burger King or somebody like that. clude an action brought under the Federal But just think of the number of new are millions of Americans looking for Trade Commission Act (15 U.S.C. 41 et seq.) jobs that they can create. jobs. They will find that the real unem- or the Federal Food, Drug, and Cosmetic Act Now, this bill is going to protect ployment level is around 7.4 million in- (21 U.S.C. 301 et seq.). those new manufacturing jobs against stead of the 5.6 percent that they are

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.014 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H955 talking about. This is a serious prob- that is needed, that people can work, apply to an action brought by a State agency lem. It needs to be addressed. This kind they can raise their families well, that to enforce a State consumer protection law of legislation will not do it. they can heighten expectation of this concerning mislabeling or other unfair and Mr. WATT. Mr. Chairman, I move to generation and the next generation for deceptive trade practices. strike the last word, and I am going to the future of this country. Mr. SCOTT of Virginia. Mr. Chair- ask the gentleman from Michigan if I I would say that sending jobs to man, this amendment reads simply: can ask him a question or two, if he or China is not a function of which the ‘‘Notwithstanding any other provision will go back to the microphone because administration could be proud. I would to the contrary in this Act, this Act he touched on a subject that I talked say that the administration’s got to does not apply to an action brought by about in the general debate here, and start functioning and focusing on those a State agency to enforce a State con- he at least has tried to put this in per- questions. I would say they are not. I sumer protection law concerning spective for me. would say this body, with this legisla- mislabeling or other unfair and decep- I could not quite figure out what it tion, is not focusing on those questions tive trade practices.’’ was that the argument was that this either. Mr. Chairman, if the House is going bill was about job creation. Is the gen- It is time we get down to the serious to decide that we will try some cases tleman now saying that the production business of addressing jobs, manufac- instead of letting them be tried in of hamburgers is a manufacturing job? turing, opportunities for Americans court, we ought to at least limit that Mr. DINGELL. Mr. Chairman, will and stop all of this piddling around to the fast food rhetoric that we have the gentleman yield? with nonsense that accomplishes noth- heard on the floor. This bill, in fact, Mr. WATT. I yield to the gentleman ing in the broad public interest. covers not only fast food lawsuits, but from Michigan. Mr. WATT. Mr. Chairman, reclaiming also litigation involving consumer pro- Mr. DINGELL. Mr. Chairman, that is my time, I am going to join my col- tection when obesity may be one of the what the administration would tell us, league from Michigan in supporting the elements of the case. but I would say to my friend, that I am amendment. I am not sure whether it Every single State has laws in the as confused on what the administra- was tongue-in-cheek that he was sup- books to protect its consumers. Each tion’s policy is as the administration is porting the whole concept, but I cannot State has laws to protect its consumers and as my good friend is, because they join him in supporting the bill if he is from misleading practices. As written, do not seem to know what they are supporting the bill. I doubt that that is the bill will prevent States’ Attorneys doing, what they are standing for or what he is doing. I think that was kind General from enforcing these laws. It what they are about. They like jobs of tongue-in-cheek that he was pro- will not just stop the fast food suits going overseas. They think that manu- ceeding, but I certainly support this that my colleagues have discussed, but facturing jobs should be flipping ham- amendment. It makes a terrible bill because a person is defined in section burgers or handling trays or dealing less terrible. We could not make it any 4(3) of the bill to include governmental with mopping the floor in a McDon- worse, I do not think, and more impor- entities, it will prevent States from ald’s. Those, to this administration, tantly, from the sponsor’s perspective, getting injunctions, cease and desist are massive manufacturing jobs. it keeps the bill from having to go to orders, or imposing fines against those At the same time, they are not giv- the Committee on Energy and Com- who endanger consumers. ing tax cuts to the people who would merce. The exception for a willful and know- Mr. DINGELL. Mr. Chairman, if the buy those hamburgers or who would ing violation is not just enough. State gentleman would yield, we will receive buy American automobiles or do other deceptive practices are just like the this bill most kindly in the Committee things to make the economy really Federal Trade Commission Act. They on Energy and Commerce, and we move and go as it should. allow civil enforcement actions wheth- would have some splendid questions for Mr. WATT. Mr. Chairman, I appre- er or not the defendant knowingly or the sponsors of this legislation about ciate the gentleman giving me that en- willfully violated the law. In fact, food jobs and job creation. labeling and deceptive practices often lightenment because I had been trying Mr. WATT. But this is such a critical have exacted strict liability, that is, to stretch my imagination to figure piece of legislation that it must be con- out how this debate was about jobs, sidered on the floor today and anything that the government can get an injunc- and I think the gentleman has put his that would delay the consideration of tion whether or not the person was in- finger on it. I do not necessarily agree it on the floor today, even if it went to tentionally or knowingly in violation. with him, but at least that gives the the Committee on Energy and Com- Mr. Chairman, my State of Virginia argument some plausibility if one is merce, which has jurisdiction over has a Consumer Protection Act which trying to argue that the processing of most food issues and matters of com- prohibits, and I quote, representing hamburgers is manufacturing jobs and merce of this kind, would surely be that goods and services have character- it is a manufacturing process and that counterproductive. istics, ingredients, uses, benefits or we have got to protect manufacturing Mr. DINGELL. Mr. Chairman, it qualities that they do not have or any jobs in this country, then we want to would be helpful, I believe. other conduct which similarly creates do everything we can, but I think it is The CHAIRMAN pro tempore (Mr. a likelihood of confusion or misunder- a stretch. OSE). The question is on the amend- standing. A court may order an injunc- As I said before the gentleman ar- ment offered by the gentleman from tion or restitution to injured parties, rived on the floor, I have heard some Wisconsin (Mr. SENSENBRENNER). even if the violation was unintentional. pretty interesting explanations for job The amendment was agreed to. The fact is Virginia is not alone. loss in this country, but this would be AMENDMENT NO. 6 OFFERED BY MR. SCOTT OF Twelve States have adopted the Uni- way, way, way down the list, like VIRGINIA form Deceptive Trade Practices Act 999,000 on my list of the problems that Mr. SCOTT of Virginia. Mr. Chair- section 3 which says intentional decep- is creating job loss in this country. I man, as the designee of the gentleman tion is not necessary to get injunctive am surprised that the sponsors of this from North Carolina (Mr. WATT), I offer relief, and at least 23 other States have bill have couched it in terms of job cre- an amendment. similar standards. ation, but the gentleman has certainly, The CHAIRMAN pro tempore. The So, Mr. Chairman, the amendment I with the years of experience he has Clerk will designate the amendment. present today will fix the problem. It been here, given me some framework The text of the amendment is as fol- will ensure that States can still put an within which to evaluate that. I am lows: end to mislabeling, deceptive practices most appreciative to him. Amendment No. 6 offered by Mr. SCOTT of and false advertising within their bor- I yield to the gentleman. Virginia: ders. Whatever we think of the fast Mr. DINGELL. Mr. Chairman, I At the end of the bill (preceding the amendment to the long title), insert the fol- food suits, please do not prevent States thank the gentleman. I will observe lowing new section: Attorneys General from protecting that the creation of jobs is one of the SEC. 5. STATE CONSUMER PROTECTION ACTIONS. their citizens. major functions of government and see- Notwithstanding any other provision to Mr. KELLER. Mr. Chairman, I move ing to it that we have the prosperity the contrary in this Act, this Act does not to strike the last word.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.057 H10PT1 H956 CONGRESSIONAL RECORD — HOUSE March 10, 2004 I am not going to support this wanting to delay today’s proceedings Governor Mike Foster on amendment, and I would ask all of my and not wanting them to let the Com- June 2, 2003, with huge bipartisan sup- colleagues to vote no on this amend- mittee on Energy and Commerce, for port. Every Republican in both legisla- ment on two grounds. which there has been a long-standing tive Chambers voted for the measure, The first ground is that the bill only tension on many issues between the as did 93 percent of Democrats in the precludes lawsuits in which the injury Committee on the Judiciary and the Louisiana House and 83 percent of claimed is obesity and weight gain. Committee on Energy and Commerce, Democrats in the Louisiana Senate. State consumer protection statutes are they did not want them to have any ju- Recent history shows why similar not lawsuits in which the injury risdiction over this. legislation is necessary at the Federal claimed is obesity or weight gain. But if we are going to exclude actions level. We have seen industries brought Rather, in the State consumer protec- brought under the Federal Trade Com- to the verge of bankruptcy by frivolous tion cases, the injuries claimed are un- mission Act at the Federal level, in lawsuits seeking billions of dollars. fair and deceptive trade practices or fairness, unless we are saying to the Today we have Ralph Nader comparing misleading labeling. States that somehow or other they are fast food companies to terrorists by However, because the amendment im- less attentive to these issues or less in- telling The New York Times that the plies that the State consumer protec- telligent or have less of an interest in double cheeseburger is ‘‘a weapon of tion laws somehow do allow lawsuits in protecting your citizens than your big mass destruction.’’ In a hearing before which the injury claim is obesity or brother Federal Government has, then our subcommittee last year, a law pro- weight gain, Courts may well read it to it seems to me that we ought to be fol- fessor who helped spearhead lawsuits grant all State agencies new power to lowing the same process at the State against the tobacco companies has said use their State consumer protection level, and it is the State consumer pro- of fast food litigation, ‘‘If the legisla- tures won’t legislate, then the trial laws to seek damages against the food tection laws that are the equivalent of lawyers will litigate.’’ industry for obesity-related claims. In the Federal Trade Commission Act on the Federal basis. It is clear that obesity is a problem other words, this would essentially gut in America. Equally clear, however, is the bill by allowing State Attorneys So if we are going to be parallel or consistent in our evaluation of these the simple availability of high-fat food General to bring the very same claims is not a singular or even a primary that we are trying to get rid of. things, it seems to me that the amend- ment of the gentleman from Virginia cause. For example, recent findings I cannot think of a single State con- drawing on government databases and sumer protection law right now that (Mr. SCOTT) makes patently good sense. And of course I am not sure that any of presented at a scientific conference of allows a State agency to sue because this is designed to make patently good the Federation of American Societies someone got fat from eating too much. sense, but I think it is our obligation for Experimental Biology biological The second ground I object to this in this body to at least try to bring showed that over the past 20 years, amendment on is the gentleman from some consistency to it. teenagers have, on average, increased Virginia (Mr. SCOTT) said he does not Now I am assuming that under the their caloric intake by 1 percent. Dur- like the fact we have the knowing and Federal Trade Commission Act, if ing that same time period, the percent- willful standard. The knowing and will- there are any individual causes of ac- age of teenagers who said they engaged ful standard is exactly the same stand- tion, those things would be protected in some sort of physical activity for 30 ard used in H.R. 1036, the Protection of also. I do not know that. We have not minutes a day dropped by 13 percent. Lawful Commerce and Arms Act that had any hearings on this to make that Not surprisingly, teenage obesity over overwhelmingly passed this House in a kind of determination, but certainly that same 20-year period increased by bipartisan fashion. It got 285 votes, and the word ‘‘person,’’ as it is defined, 10 percent, indicating it is not junk so anyone who voted for H.R. 1036 and would exclude State consumer protec- food that is making teenagers over- who votes for this amendment will lit- tion laws that are typically adminis- weight, but rather a lack of activity. erally be voting for stronger protection tered by the attorney general for the In short, it is unlikely that lawsuits for gun manufacturers than for the protection of the citizens in that par- against food establishments over their food industry, which is the largest pri- ticular State, and perhaps that is the menu offerings will do much, if any- vate sector employer, providing jobs to reason that the State attorneys gen- thing, to make us healthier. On the some 12 million Americans. eral are so vigorously opposed to this other hand, such lawsuits will threaten I urge my colleagues to vote no on legislation. They do not view us or the thousands of jobs that are today avail- this amendment. Federal Trade Commission as being able to teenagers and other entry-level Mr. WATT. Mr. Chairman, I move to their big brothers, and more brilliant, workers who need those jobs. Further, strike the requisite number of words. sometimes more arrogant, they would such lawsuits send the wrong message Mr. Chairman, I rise in support of the tell you. They think that they serve a regarding personal choices and respon- gentleman from Virginia’s (Mr. SCOTT) pretty valuable role in this Federal sibility. Do we want our kids growing amendment. It seems to me to be abso- system that we have. Again, we are dis- up believing it is a restaurant’s fault lutely consistent with the manager’s honoring that role. I urge support for that they are eating too many cheese- amendment which said that this legis- the gentleman’s amendment. burgers? lation was not going to be construed to Mr. CANNON. Mr. Chairman, I move Besides threatening to erode values include an action brought under the to strike the requisite number of of personal responsibility, the legal Federal Trade Commission Act. words. campaign against the food industry State consumer protection laws are I rise in opposition to this amend- threatens our notion of government. characteristically State counterparts ment. Recently, the food industry has Nationally coordinated lawsuits seek to the Federal Trade Commission Act. been targeted by a variety of legal to accomplish through litigation what They are States’ efforts to protect the claims which allege businesses should has not been, and will likely not be, same kind of things at the State level pay monetary damages and be subject achieved through legislation. that the Federal Trade Commission has to equitable remedies based on legal Last year, the House passed H.R. jurisdiction over at the Federal level. theories of liability for the over- 1036, the Protection of Lawful Com- merce in Arms Act by a large, bipar- b 1330 consumption of its legal products. In our subcommittee hearings last tisan vote. That bill bars frivolous law- Now, this kind of takes me back to year, we explored the threat the food suits against the firearms industry for the argument before, I had the notion industry faces from frivolous litiga- the misuse of legal products by others. that the reason that they really were tion, the threat to personal responsi- H.R. 339 similarly seeks to bar frivo- striking the Federal Trade Commission bility posed by the proliferation of lous lawsuits against the food industry Act from the applicability of this pro- such litigation, and the need for H.R. for overconsumption of its legal prod- posed law was because they really did 339, the Personal Responsibility in ucts by others. It is appropriate for not want this legislation to have to go Food Consumption Act. Congress to respond to this growing to the Committee on Energy and Com- H.R. 339 currently has 119 cosponsors. legal assault on the concept of personal merce, so it was more about them not A similar bill was signed into law by responsibility.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.052 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H957 Mr. Chairman, it is not only impor- b 1345 mine that any lawsuit lacks merit or tant, but also fundamental that Ameri- AMENDMENT NO. 7 OFFERED BY MR. WATT appropriate proof, they can dismiss it. cans have access to courts to redress Mr. WATT. Mr. Chairman, I offer an If they determine that a case is frivo- legitimate wrongs and the harms they amendment. lous, they can dismiss it and sanction cause. The trial bar serves an invalu- The CHAIRMAN pro tempore (Mr. the attorneys involved. able purpose in helping average Ameri- The proponents of this bill seek to OSE). The Clerk will designate the prevent cases that have already gone cans gain rightful and proportionate amendment. through the system and have been dis- compensation when harm is done. How- The text of the amendment is as fol- missed. This bill is a solution in search ever, frivolous lawsuits such as the lows: ones this legislation seeks to prevent of a problem, believe me. Amendment No. 7 offered by Mr. WATT: If there is a rationale for this bill, serve only to undermine our legal sys- Section 3(a), strike ‘‘or State’’. tem and those who truly need its pro- and I do not believe there is, we at tections. Mr. WATT. Mr. Chairman, the least ought to respect the Federalist Mr. Chairman, I urge my colleagues amendment that is being offered sim- form in which we are operating and to oppose this amendment and support ply strikes two words from the bill. limit the application of the bill to the underlying bill, H.R. 339. Those words are ‘‘or State.’’ cases filed in the Federal court. We are Mr. ANDREWS. Mr. Chairman, I This is an opportunity for those of us not Big Brother here in this body, and move to strike the requisite number of who really believe in the Federalist my colleagues have reminded us of that words. system in which we operate. Those of many, many times rhetorically. They I would like to speak in favor of the us who believe truly in the rights of say they believe in States’ rights. If Scott amendment. The wisdom of the States to control what happens in their they do, if you do, my colleagues, common law has evolved and worked States and in their communities, those please support the Watt amendment. for centuries. It is older than the who believe truly in States’ rights to Mr. SENSENBRENNER. Mr. Chair- United States of America. It is bizarre get it right, I am giving you the oppor- man, I rise in opposition to the amend- that this House created one exception tunity. ment. to the common law in the case of gun If there is a rationale for our involve- Mr. Chairman, the gentleman from manufacturers, now it is trying to cre- ment in this and if there is something North Carolina and I have a little bit ate another one in the case of certain that we should be exercising jurisdic- different view of the role of federalism food purveyors. tion over, it is what comes into the in our country. All I can say is I am If you can sum up the history of the Federal courts, and not what goes into happy that his view did not prevail western jurisprudential system, it is the State courts. So the effect of this during the great debates on civil rights that common law is usually right and amendment is simply to take out the that occurred in this Chamber and statutory interferences with common State court component of this. down the hall in the Senate Chamber law is usually wrong. I want to confess up front that I during the sixties, seventies and Mr. SCOTT of Virginia. Mr. Chair- think this is a bad idea, whether it is eighties, because the notion of States’ man, will the gentleman yield? in the Federal court or the State court; rights would not have been agreed to Mr. ANDREWS. I yield to the gen- so I am going to vote against the bill by the gentleman from North Carolina. tleman from Virginia. even if this amendment passes. But for I think this amendment must be de- Mr. SCOTT of Virginia. Mr. Chair- those who believe that this is a good feated because it would gut the bill and man, I think we need to review what bill, that this is a worthy cause, if you also fail to protect the decisions of the amendment actually is. In section have any belief in the Federalist form State legislatures regarding food pol- 4.3, they define person who can bring of government in which we operate, icy. I do not think we want to see a sin- these lawsuits as individuals, corpora- that States and State judiciaries and gle judge in a single State court decid- tions, companies, but it includes any legislators have certain powers, then ing to establish national policy. We governmental entity. you should be supporting this amend- have seen far too much of that, and the The lawsuits we are talking about ment. Watt amendment would allow that are lawsuits arising out of, related to, State courts and legislatures are per- type of judicial misinterpretation to or resulting in injury or potential in- fectly capable of determining which occur in a State court somewhere in jury resulting from person’s consump- lawsuits are appropriate and which this country. tion of a qualified product and weight lawsuits constitute an undesired drain This bill is also about protecting the gain, obesity or any health condition on their resources. Right now, 11 State separation of powers and the legisla- that is associated with a person’s legislatures, including California, Colo- tive prerogatives of the elected rep- weight gain or obesity, including, and rado, Florida, , Louisiana, Mis- resentatives at the State level. The it goes on. This is overly broad. souri, Nebraska, Ohio, , amendment would gut those provi- Let us just read what the amendment Washington and Wisconsin, the chair- sions. says. It says that the Act does not man’s own State, have introduced or The drive by overeaters’ personal in- apply to an action brought by a State passed legislation to ban some form of juries attorneys to blame those who agency to enforce a State consumer obesity-related lawsuits. Some of those serve them food and to collect unlim- protection law concerning mislabeling States have banned a broader range of ited monetary damages is an attempt or other unfair or deceptive trade prac- cases than this proposed legislation to accomplish through litigation that tice. We do not need protection from would ban. which has not been achieved by legisla- State attorneys general enforcing our H.R. 339, this legislation that we are tion and the democratic process. consumer protection laws. I would hope considering, would displace and dis- John Banzhaf, a law professor at that we adopt the amendment. respect the actions of those State legis- George Washington University who The CHAIRMAN pro tempore (Mr. latures that have acted and impose a helped spearhead lawsuits against to- OSE). The question is on the amend- ban on those States that have not per- bacco companies, has said, ‘‘If the leg- ment offered by the gentleman from ceived a need to enact legislation ban- islatures won’t legislate, then the trial Virginia (Mr. SCOTT). ning obesity suits. lawyers will litigate.’’ National Public The question was taken; and the The bill arrogantly presumes that Radio, August 8, 2002. Chairman pro tempore announced that State court judges are incapable; and I Various courts have described similar the ayes appeared to have it. am going to keep saying that over, and lawsuits against the firearms industry Mr. KELLER. Mr. Chairman, I de- over and over again. I have said it a for harm caused by the misuse of its mand a recorded vote. million times; I may say it a million products by others as an attempt to The CHAIRMAN pro tempore. Pursu- more times before this debate is over. ‘‘regulate through the medium of the ant to clause 6 of rule XVIII, further It is arrogant for us to assume that judiciary’’ and ‘‘improper attempts to proceedings on the amendment offered State court judges are incapable of car- have the court substitute its judgment by the gentleman from Virginia (Mr. rying out their judicial responsibil- for that of the legislature, something SCOTT) will be postponed. ities. Should State court judges deter- which the court is neither inclined to

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.054 H10PT1 H958 CONGRESSIONAL RECORD — HOUSE March 10, 2004 nor empowered to do.’’ Such lawsuits the State. The practical effect of the House of Representatives. Under the break down the separation of powers statute must be evaluated not only by theory that has just been advanced, to between the branches of government. considering the consequences of the tie it back to the Commerce Clause, to Large damage awards and requests law itself, but also by considering how tie this legislation back to the Com- for injunctive relief have the potential the challenged law may interact with merce Clause, anything could be taken to force the judiciary to intrude into the legitimate regulatory regimes of over by the Federal Government. There the decision-making process properly other States and what effect would would not be any State legislatures or within the sphere of another branch of arise if one, but many or every, State State courts. Anything in commerce of government, namely, State legisla- adopted similar laws. Generally speak- any kind could be taken over. tures. That is the intent behind these ing, the Commerce Clause protects That is not what the Commerce fast-food lawsuits, to circumvent legis- against inconsistent laws arising from Clause says. And with all due respect, I latures, to circumvent the Congress the projection of one State regulatory went to law school too. I took my con- and the popular will of the people who regime into the jurisdiction of another stitutional law under a guy named elect us. State.’’ Robert Bork. I do not think he would Further, Congress has the clear con- So this bill is supported by sound fed- say that is what the Commerce Clause stitutional authority and the responsi- eralism principles, there is a national says. bility to enact H.R. 339. The lawsuits interest involved, and that is why the I am flabbergasted that we would be against the food industry H.R. 339 ad- amendment should be defeated. told on this floor that this proposed dresses directly implicate core fed- Mr. ANDREWS. Mr. Chairman, I rise legislation is sanctioned by the Com- eralism principles articulated by the in support of the Watt amendment. merce Clause and that it is anywhere United States Supreme Court, which Mr. Chairman, I must say with re- in the ball park close to what the civil has made clear that ‘‘one State’s pow- spect to the issue of federalism and the rights laws were designed to do. ers to impose burdens on the interstate proper role, I think the comparison of We ought be ashamed of ourselves. market is not only subordinate to the this issue to civil rights is completely And we ought be ashamed of ourselves Federal power over interstate com- inapposite. The principle of civil rights for destroying the Federal concept that merce, but is also constrained by the is when State legislation or State ac- our Founding Fathers made for us. It need to respect the interests of other tion violates a fundamental constitu- would be something else if we were States.’’ tional right, it cannot stand. There is doing it about something that is real. Congress can, of course, exercise its no fundamental constitutional right There is not a single pending lawsuit authority under the Commerce Clause involved here. This is the power the now involved that has not already been to prevent a few State courts from 10th amendment expressly meant to be dismissed. The States are already act- bankrupting the food industry. reserved to the States, either through ing on this. It is not as if they are ig- In fast-food lawsuits, personal injury their legislatures or their courts. noring it. lawyers seek to obtain through the Mr. WATT. Mr. Chairman, will the If you were in the State legislature, court stringent limits on the sale and gentleman yield? if you want to go vote on stuff like distribution of food beyond the court’s Mr. ANDREWS. I yield to the gen- this, go to the State legislature. Many jurisdictional boundaries. By virtue of tleman from North Carolina. of us came out of the State legisla- the enormous compensatory and puni- Mr. WATT. Mr. Chairman, I thank tures. There are people there that are tive damages sought, and because of the gentleman for yielding. The gen- just as smart, just as intelligent as we the types of injunctive relief requested, tleman puts it a lot milder than I do. are here in this body. For us to insult these complaints in practical effect I am not surprised, but I am ex- our State legislators and our State ju- would require manufacturers of law- tremely insulted, that this piece of diciary for some political purpose is fully produced food to curtail or cease crap, this bill, would be put on the unforgivable, in my opinion. all lawful commercial trade in that same level that our civil rights laws in ANNOUNCEMENT BY THE CHAIRMAN PRO food in the jurisdictions within which this country have been put on. TEMPORE they reside, almost always outside of Now, I am not surprised. I knew that The CHAIRMAN pro tempore. The the States within which the States are was coming, because we have had this Chair would urge Members to exercise brought, to prevent potentially limit- discussion with my chairman on sev- discipline in vocabulary to preserve the less liability. Insofar as these com- eral occasions on this floor. But I want decorum of the House. plaints have the practical effect of you to know that the notion that there Mr. KELLER. Mr. Chairman, I move halting or burdening interstate com- are basic constitutional rights that the to strike the last word. merce in food, they seek remedies in civil rights laws had to enact to en- Mr. Chairman, I appreciate the en- violation of the Constitution. force was based on rights that were ar- thusiasm of the gentleman from North Such personal injury attorneys’ ticulated in the Constitution. The Carolina (Mr. WATT), and as the author claims directly implicate core fed- right to vote, and it is a shame that we of the bill that was described that way, eralism principles articulated by the had to have legislation at the Federal I can assure you that I take no offense. Supreme Court in BMW of North Amer- level to make it clear that the right to Sometimes in the heat of passion ica v. Gore, 1996. The Gore case makes vote applied to all of our citizens in things come out, so there is no need to clear that ‘‘one State’s power to im- this country, there is no comparison apologize to me. pose burdens on the interstate market between this bill and that. Let me just say this with respect to is not only subordinate to the Federal The right to travel on a bus and sit the gentleman from North Carolina power over interstate commerce, but is where you want, it is a shame that we (Mr. WATT), he is at least consistent. also constrained by the need to respect had to have Federal legislation to tell He offered this same amendment in the interests of other States.’’ the States that they had to enforce committee, made the same arguments, The CHAIRMAN pro tempore. The that basic human constitutional right. it was rejected in committee. I urge my time of the gentleman from Wisconsin I am insulted that this piece of legis- colleagues to reject it once again here (Mr. SENSENBRENNER) has expired. lation, and if I went too far in calling on the House floor and for the very (By unanimous consent, Mr. SENSEN- it a piece of crap, I apologize to the same reason. BRENNER was allowed to proceed for 1 Chair. I knew he shuddered when I said This amendment would essentially additional minute.) that, so maybe that is going too far. gut the bill and encourage venue shop- Mr. SENSENBRENNER. Mr. Chair- But it is an abomination for us to be ping among very creative trial lawyers. man, the Supreme Court in Healy v. trying to compare this statute to the Let me just give you one example. Beer Institute, 1989, elaborated on civil rights laws. The Louisiana legislature, which, by these principles concerning the I am really disappointed that this the way, is a Democrat legislature, extraterritorial effects as follows: ‘‘The kind of expansive, unprecedented inter- both the House and the Senate, passed critical inquiry is whether the prac- pretation of the Commerce Clause a very similar bill to mine after I filed tical effect of the regulation is to con- would be articulated by the chairman mine with 94 percent of the legislators trol conduct beyond the boundaries of of our committee on the floor of the voting ‘‘yes,’’ broad bipartisan support.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.061 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H959 So, yes, you cannot bring an obesity which I disagree, but the rationale of culture authorized 14 field tests of lawsuit in Louisiana. the underlying bill is that educated crops engineered with animal or human So if you are an ambitious trial law- and knowing consumers who make a genes. An example of some of the com- yer, what about ? Well, they choice as to what they eat are respon- binations being done are chicken genes do not have such a law, and that is ex- sible for the consequences of what they in corn, wheat, and Creeping Bent actly where the suit would be filed, or eat. So that if someone eats a lot of Grass. Human genes in barley, corn, to- some other State that is a nice haven food that is high in saturated fat and bacco, rice, and sugarcane. Mouse for tourists. suffers heart disease or other health-re- genes in corn, along with human genes. We do not have to guess about this, lated problems as a result, that they Cow genes in tobacco, carp genes in because we had a hearing on this mat- are responsible for that result, and it safflower, pig genes in corn, Simian ter; and the Democrats could have cho- should not be the person who sold them Immunodeficiency Virus, or SIV and sen anyone to appear, and they chose a the food. Frankly, I think that the ju- Hepatitis B genes in corn. man named Mr. Banzhaf, who says it is dicial system of the country is reach- Now, as I said a minute ago, Mr. his goal to open the flood gates of liti- ing the same answer and does not need Chairman, the jury is out as to whether gation against our major employers our interference to push them toward there are deleterious health effects such as McDonald’s. with respect to genetically-altered This is what he said. Keep in mind that answer, but that is the underlying food. We are going to have scientific the potential Mississippi lawsuit: premise of the bill. Informed consumer evaluation and come to a conclusion on ‘‘Somewhere there is going to be a choice trumps litigation. My amendment is designed to provide that question. But I would certainly judge and a jury that will buy this, and once we get the first verdict, as we did an informed consumer choice, and here think the majority, which believes so with tobacco, it will open the flood is what it says. It says that if a seller strongly in informed choice by con- gates.’’ We do not have to guess what of food is selling genetically-altered sumers, would extend that principle to their theories are; they have already food, it can only receive the immunity this case and would want consumers to told us. granted by this bill if the seller of the be fully informed that they are choos- So Congress, of course, can exercise genetically-altered food fully discloses ing genetically-altered food and they its authority under the Commerce to the person buying and eating the would want them to know the nature of Clause to prevent a few States from food the fact that it has been geneti- the genetic alteration. The idea behind bankrupting the food industry, which cally-altered and the nature of the ge- this amendment is to encourage that is the largest nongovernmental em- netic alteration that took place. Let disclosure, not require it, but to en- ployer in the United States. Congress, me explain. courage that disclosure by granting the of course, has the authority under the We have had instances where, for ex- underlying immunity that is granted Commerce Clause. That is not just the ample, the cornmeal that is used for in the bill to food purveyors who make opinion of the gentleman from Wis- taco shells has been found to be geneti- the disclosure and denying the under- consin (Chairman SENSENBRENNER) or cally-altered. People have three objec- lying immunity in the bill to those myself. The U.S. Supreme Court in tions to this. The first is that they are who fail to make that disclosure. Healy v. Beer Institute said, ‘‘Gen- fearful it will make them sick. The The argument for this bill, as I un- erally speaking, the Commerce Clause jury is out on this. There are people derstand it, is that personal responsi- protects against inconsistent laws aris- who will say that these foods are dan- bility should trump litigation. If you ing from the projection of one State gerous. There are people who will say know what you are eating and you regulatory regime into the jurisdiction that the foods are not dangerous. But choose to eat it, and you get sick as a of another State.’’ there are people who want to make result of eating it, you live with the I urge my colleagues to vote ‘‘no’’ on that choice for themselves as to wheth- consequences and you cannot visit the Watt amendment. er or not they eat genetically-altered those consequences through civil liti- The CHAIRMAN pro tempore. The food. gation on the person who sold you the question is on the amendment offered The second problem is that people food. by the gentleman from North Carolina may have allergies to genetically-al- Well, if you accept that underlying (Mr. WATT). tered food, but if they are not aware of principle, then you ought to accept the The question was taken; and the the fact that the food has been altered argument that in the case of geneti- Chairman pro tempore announced that in such a way, they may be subjecting cally-altered food, the consumer has the noes appeared to have it. themselves to the health hazards asso- the right to know, because if the con- Mr. WATT. Mr. Chairman, I demand ciated with an allergic reaction. sumer does not have the right to know, a recorded vote. Thirdly, there are people who, for re- then the consumer is not making a The CHAIRMAN pro tempore. Pursu- ligious or cultural reasons, do not wish knowing and intelligent choice as to ant to clause 6 of rule XVIII, further to eat genetically-altered food, par- proceedings on the amendment offered what he or she is eating. That has con- ticularly if the genes that are used for by the gentleman from North Carolina sequences for potential health risks, it that genetic alteration come from a has consequences for exposure to aller- (Mr. WATT) will be postponed. food product that they do not ordi- gic reaction, and it has consequences AMENDMENT NO. 2 OFFERED BY MR. ANDREWS narily eat as part of their religious or Mr. ANDREWS. Mr. Chairman, I offer for the religious and cultural practices cultural practices. an amendment. that many of our fellow citizens and The CHAIRMAN pro tempore. The So what this bill says is that we offer many other residents of America follow Clerk will designate the amendment. the food purveyor a choice. If the food in their dietary practices. The text of the amendment is as fol- purveyor discloses fully to the con- I disagree with the underlying lows: sumer the fact that the food has been premise of this bill, but I would im- Amendment No. 2 offered by Mr. ANDREWS: genetically-altered and is precise in plore those who disagree with me on Section 4(4), insert before the period at the disclosing the nature of the genetic al- that point to embrace this amendment, end the following: ‘‘″, except that a food that teration, then that food purveyor will because if you want to support know- contains a genetically engineered material is enjoy the immunity granted by this ing and voluntary choice in the food not a qualified product unless the labeling bill. But if the food purveyor chooses you are eating, then let us really make for such food bears a statement providing not to make that disclosure, if it it a knowing and voluntary choice that the food contains such material and the labeling indicates which of the ingredients of chooses not to disclose the fact that when it comes to the very controver- the food are or contain such material’’. the food has been genetically-altered sial question of genetically-altered (Mr. ANDREWS asked and was given and chooses not to disclose the nature foods. permission to revise and extend his re- of the genetic alteration, well then, There are many Members of this marks.) under those circumstances, that food Chamber who believe that genetically- purveyor would not enjoy the immuni- altered foods are appropriate. They op- b 1400 ties granted by this bill. pose legislation that would limit or Mr. ANDREWS. Mr. Chairman, the Mr. Chairman, between 1987 and 2000, prohibit the use of genetically-altered rationale of the underlying bill, with the United States Department of Agri- foods. There are other Members who

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.064 H10PT1 H960 CONGRESSIONAL RECORD — HOUSE March 10, 2004 feel strongly that genetically-altered Mr. WATT. I yield to the gentleman cally-modified food, and would support foods should be limited or prohibited. from New Jersey. such legislation if it were coming as an Irrespective of where one comes down Mr. ANDREWS. Mr. Chairman, I amendment to the Pure Food, Drug on that debate, it seems to me one thank my friend for yielding, and I and Cosmetic Act. However, the ought to embrace the position that the would say to my friend, the gentleman amendment of the gentleman from New consumer has the right to make that from Florida, who just spoke, that I re- Jersey is the wrong way to do it, and choice. spectfully believe that he is in error in here is why. Mr. Chairman, I urge the adoption of two points in criticizing the amend- If the amendment of the gentleman the amendment. ment. First, he says that my amend- from New Jersey passes and the bill is Mr. KELLER. Mr. Chairman, I move ment imposes regulation on the food enacted into law with his amendment, to strike the last word. industry; that is not the case. It pro- then all someone needs to do to defeat Mr. Chairman, I am going to ask my vides the industry with a choice. If it the immunity that is given to the food colleagues to vote ‘‘no’’ on the An- chooses to reach for the immunity industry under this bill is to simply al- drews amendment on several grounds. granted by the underlying bill, yes, lege that there was not the proper no- This amendment opposes additional then it is subject to this disclosure re- tice that was given. This allegation, at regulations on the food industry, in- quirement. But if it chooses not to least in terms of the preliminary mo- creasing their cost of doing business reach for that immunity, then it is not tions in court, is taken as true, and and threatening additional jobs in the subject to the disclosure requirement. that sets up a question of fact. All of food industry, our Nation’s largest pri- Second, the gentleman is critical of the expenses that are needed in terms vate sector employer. But more prob- the lack of definitions in the amend- of defending a lawsuit, such as deposi- lematic, the amendment contains no ment. I would submit that this amend- tions and the like, are going to have to definitions of what would constitute a ment will be defined and interpreted in be incurred in order to prove that there proper label and, therefore, it would ex- the same way his underlying bill is, was the proper notice given or that pose even those companies who could which is to say there will be litigation there were no genetically-modified or- afford to comply with the new regula- over the meaning of ambiguous terms ganisms that were supplied in the food tions to lawsuits that would cost yet and the courts will determine what that the plaintiff consumed. more jobs. they mean. Unless I am missing some- This amendment is an attempt to So as a result, in the name of better thing, I notice that the underlying bill regulate an entire industry with one labeling rather than attacking this does not define the word ‘‘obesity,’’ for clause, and that is a recipe for confu- issue as an amendment to the Pure example, and there could be a spate of sion and disaster. Even companies who Food, Drug and Cosmetic Act, which is litigation as to whether a suit is over a labeled, in an attempt to gain the bene- where I think it belongs, the gen- product associated with obesity or not, fits of the bill, might not get such pro- tleman attempts to have what is in the because you claim it is associated with tections because some judge some- jurisdiction of another committee and where will deem their attempt to label diabetes or it is associated with heart which deals with another enactment on inadequate, and the amendment pro- disease or it is associated with mental the statute books of the United States vides no standards to guide either the illness. I mean, one could make a lot of of America through this method. private sector or judges. Additionally, different claims to work one’s way I would support the gentleman from there is no definition in the amend- around the bill. New Jersey if he was doing it the prop- As the gentleman knows, and I know ment of genetically engineered, so peo- er way through an amendment to the ple will not even know if their products he is a skilled attorney, as the gen- Food, Drug and Cosmetic Act, but this have to comply with these additional tleman knows, one of the functions of is not the way to do it. regulations. our judiciary is to provide case law Now, secondly, there is nothing in Essentially where the gentleman that defines terms not specifically de- the gentleman’s amendment that says from New Jersey (Mr. ANDREWS) should fined in statute. So no one should op- what constitutes an adequate notifica- have his day is trying to amend the pose this amendment if they believe tion. Does an adequate notification Federal Food, Drug and Cosmetic Act that it imposes regulations on the food consist of the nutritional sign on the and make his changes there, but not industry, because it does not. wall of a fast food restaurant that here where it is so vague that it does I would conclude by saying that when talks about ingredients and that no- not have those definitions that would the gentleman says that this subject body stands and stares at unless the be needed. matter is best dealt with through the line is so long that they have to do it? Also I would point out that if there is Committee on Commerce and the Food Does it require that there be this kind some State statute dealing with ge- and Drug Administration, he is right, of a label on every package that is netically-altered foods and it requires which is one of the reasons why we handed to the customer with the food certain labeling and so on and so forth should defeat the underlying bill on the contained in it? These are the types of or advertisement requirements, and if floor. things that really should not be left up that State statute is violated, under Mr. WATT. Mr. Chairman, reclaiming to the courts to, in their infinite the provisions of this bill, the claims my time, I would just say that the gen- imagination, determine what is ade- could go forward. tleman need not worry about whether quate and what is not; it should be So I would ask my colleagues to vote there is a definition of obesity. If they done in the proper way by the proper ‘‘no’’ on the Andrews amendment for do not like the definition of ‘‘obesity’’ committee, and that is why this the reasons suggested earlier. that the courts give, I guarantee my amendment ought to be rejected. Mr. WATT. Mr. Chairman, I move to colleagues we will be back here next strike the requisite number of words. year or the year after next with a Fed- b 1415 Mr. Chairman, I rise in support of the eral piece of legislation that is de- Mr. DOOLEY of California. Mr. Andrews amendment, and I would say signed to solve that problem. That is Chairman, I move to strike the req- that this is one of the areas, one of sev- the way this bill is being processed and uisite number of words. eral areas, in fact, that the processing the spirit in which it is being proc- (Mr. DOOLEY of California asked and of this bill without really letting it go essed. Unfortunately, nobody has any was given permission to revise and ex- through the Committee on Commerce good ideas or can protect their own tend his remarks.) or without really a whole heck of a lot States, other than this Congress or my Mr. DOOLEY of California. Mr. of deliberation in the Committee on colleagues on this committee, and that Chairman, I also rise in opposition to the Judiciary, and hearings, this is just is the way they proceeded. this amendment. I do not think this is one of those areas that might have Mr. SENSENBRENNER. Mr. Chair- the proper vehicle for us to be attach- been dealt with if the bill were being man, I move to strike the requisite ing this to. The issue of genetically en- considered in a serious legislative proc- number of words. hanced products is something that we ess, rather than just a political vehicle. Mr. Chairman, I am very supportive have spent a lot of time on. I think our Mr. ANDREWS. Mr. Chairman, will of food labeling requirements, includ- existing regulatory structure gives us the gentleman yield? ing labeling requirements for a geneti- the opportunity to really get

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.067 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H961 verification in whether or not any of while preserving State and Federal food to improve the problem for people these new approaches do pose any laws. Specifically, the bill would pre- who have obesity, not to make the health risk to consumers. vent frivolous lawsuits that claim that problem worse. And I think now we can have great the consumption of lawful food prod- So I do not understand how this confidence that the products that are ucts cause injuries resulting from obe- amendment relates to H.R. 339. Biotech coming onto the market, that are con- sity or weight gain. crops do not lead to obesity. In fact, taining genetically enhanced products While the bill would prohibit frivo- biotech research may lead to food prod- are, in fact, determined to be safe for lous lawsuits, it would protect legiti- ucts that help combat the obesity prob- human consumption. mate ones. For example, the bill would lem in America and nutrition problems I think when we have an amendment not protect businesses that knowingly in the developing world. such as this it poses, I think, a situa- or willfully violate a State or Federal Farmers have been growing hybrid tion where we will actually impede the statute when the violation is a proxi- and other genetically engineered crops development of an industry and of a mate cause of an injury. In addition, safely for decades. Biotechnology is as technology that has the potential to the bill would not protect those that safe as conventionally bred crops, ac- actually have tremendous benefits in violate State or Federal food labeling cording to numerous studies by the Na- dealing with the obesity problem that laws or those that offer adulterated tional Academy of Sciences, the Amer- we have in this country. food products. ican Medical Association, and other There are a number of genetically en- H.R. 339 is a commonsense bill that scientific bodies. hanced products that are being devel- will protect legitimate businesses from Furthermore, before biotech foods oped now that are going to result in frivolous lawsuits. I urge my col- can be sold to consumers, their safety some of our oils being lowered and leagues to support this important leg- is reviewed by three government agen- some of the trans fats and saturated islation. But the amendment offered by cies: the U.S. Department of Agri- fats that actually can be incorporated the gentleman from New Jersey (Mr. culture, the Environmental Protection into some of our food products that are ANDREWS) runs the risk, if it is passed, Agency, and the Food and Drug Admin- going to result in less obesity. of gutting this legislation. istration. I think we would be running the risk The reasons set forth by the gen- The Andrews amendment runs of setting back the industry and set- tleman from Wisconsin (Mr. SENSEN- counter to long-standing U.S. Govern- ting back some of the developments in BRENNER), who has done an outstanding ment food labels policy which pre- new technology that actually could be job bringing this legislation to this serves food labels for help safety and a benefit in improving the nutrition of point, are all valid reasons for opposing nutritional information. This amend- a lot of our food products and this this amendment; but in addition there ment is just another ill considered at- amendment would actually pose an im- are more. There is absolutely no reason tempt to discourage consumption of pediment, would impose a liability why we have to draw a distinction be- biotech foods, which every American, that would deny some of these new de- tween two different types of perfectly every American consumes on a daily velopments that actually can be of legitimate products that the appro- basis and encourages frivolous law- great benefit in terms of enhancing the priate regulatory agencies have found suits. nutrition that a lot of our citizens are to have no ill effect upon consumers. I urge my colleagues to oppose this consuming. There would be no difference whether Mr. Chairman, I hope we will oppose amendment. it was a natural product or whether it The CHAIRMAN pro tempore (Mr. this amendment. Mr. GOODLATTE. Mr. Chairman, I was one that had been changed through OSE). The question is on the amend- move to strike the requisite number of hybridization and all the other ways ment offered by the gentleman from words. that we have improved food through New Jersey (Mr. ANDREWS). Mr. Chairman, I rise in strong sup- the decades, in fact through the cen- The question was taken; and the port of H.R. 339, the Personal Responsi- turies, or through biotech-enhanced Chairman pro tempore announced that bility in Food Consumption Act and in foods either. the noes appeared to have it. strong opposition to the amendment And so for that reason, I strongly op- Mr. ANDREWS. Mr. Chairman, I de- offered by the gentleman from New pose this. If the amendment were to mand a recorded vote. Jersey (Mr. ANDREWS). pass, it is a back-door way to try to The CHAIRMAN pro tempore. Pursu- The food service industry employs impose labeling in this country. We ant to clause 6 of rule XVIII, further some 11.7 million people, making it the have opposed this for a long time be- proceedings on the amendment offered Nation’s largest employer outside of cause there is no distinction between by the gentleman from New Jersey the government. However, this vital in- foods that contain biotech crops and (Mr. ANDREWS) will be postponed. dustry has recently come under attack those that do not. And the issue is very AMENDMENT NO. 3 OFFERED BY MR. INSLEE by waves of lawsuits arguing it should clear that if you will require it, vir- Mr. INSLEE. Mr. Chairman, I offer be liable for the misuse or over- tually every product produced in this an amendment. consumption of its legal products by country made with corn, virtually The CHAIRMAN pro tempore. The others. every product made in this country Clerk will designate the amendment. Frivolous lawsuits require businesses using soy beans, virtually every prod- The text of the amendment is as fol- to devote crucial resources to litigate uct grown in this country with any lows: unmerited claims. In order to help en- kind of livestock that have been en- Amendment No. 3 offered by Mr. INSLEE: sure that America continues to be an hanced, and virtually any kind of prod- Section 4(5)(A), insert after ‘‘knowingly advantageous place to do business, and uct that may be developed in the fu- and willfully’’ the following: ‘‘or neg- to help create and maintain American ture, there would become a disincen- ligently’’. jobs, it is important that we not allow tive to produce these improved prod- Mr. INSLEE. Mr. Chairman, I think opportunistic trial lawyers to extort ucts, as the gentleman from California there is a bipartisan consensus here money from legitimate companies. (Mr. DOOLEY) just correctly noted. today that educated and informed con- Simply put, businesses in the food in- This is a huge problem. It would ef- sumers regarding what is in their food dustry should not be held responsible fectively gut this important legisla- should not have a claim relating to for the bad eating habits of consumers. tion. H.R. 339 generally prohibits obe- obesity and that we would all attempt The people of America agree. Accord- sity or weight-gain-related claims to write a law that will effectuate that ing to a recent poll, approximately 89 against the foods industry. This goal. But as Mark Twain said, the dif- percent of Americans oppose holding amendment would require manufactur- ference between the right word and al- the fast-food industry legally respon- ers to label genetically engineered ma- most the right word is the difference sible for the diet-related health prob- terial before being afforded the protec- between lightening and a lightning lems of people who eat fast food on a tions of the underlying bill. The irony bug. And the difference between a well- regular basis. is that, as the gentleman from Cali- crafted bill and one that misses the H.R. 339 will help prevent frivolous fornia (Mr. DOOLEY) noted, the oppor- mark a little bit is the difference be- lawsuits against the foods industry tunity exists with genetically modified tween a radical restructuring of civil

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.070 H10PT1 H962 CONGRESSIONAL RECORD — HOUSE March 10, 2004 liability law in the United States and a inattention or the fact that they were The claim that it is too burdensome bill that we want to produce. And, un- asleep at the switch or they just were to require a person to knowingly vio- fortunately, this bill lacks two words. not doing their job, the victim will not late a law before they can be said to And our amendment would cure that have a claim under law. And I do not meet the exceptions to this bill, fails to defect. think that is what the majority of us understand the flexible nature of the Mr. Chairman, it is a very well-ac- ought to be about if we are imposing requirements. Let me give you an ex- cepted principle, if I can compare this this obligation. ample. A typical jury instruction re- scenario, it is a very well-accepted I ask the majority party, let me just garding what the so-called mens rea re- principle that in America if a person is pose this as a friendly question to my quirement for knowing means states as inattentive for a few moments and vio- friends, if indeed we pass a bill here follows: ‘‘Knowledge may be proved by lated a law by going through a stop that requires, for instance, that a all the facts and circumstances sur- sign, they are responsible to the in- warning be on a weight-loss product rounding the case. You, the jury, may jured party for the wreck. It is a very that says do not take this weight loss infer knowledge from a combination of well-accepted principle that if a person product if you have an evidence of high suspicion and indifference to the truth. who manufactures jet airplanes is inat- blood pressure, and if an employee is If you find a person had a strong sus- tentive for a moment, and they fail to asleep at the switch or is inattentive at picion that things were not what they put a bolt on an engine and the engine the brief moment and the product goes seemed or that someone had withheld falls off and 250 people are killed, they out without the label and somebody important facts yet shut his eyes for are legally, or their corporation is le- dies, I am asking the majority party fear of what he may learn, you may gally, responsible for that violation of why the widow or family of such a vic- conclude that he acted knowingly.’’ the law. tim who died as a result of an obliga- Therefore, the knowing standard is It is clear at this moment that if an tion we voted to impose in United certainly flexible enough to produce employee of a company is inattentive States Congress, why do you intend to justice in our courts in all cir- and puts the wrong information on the deny that person a remedy? That is an cumstances. There is precedent for it, box of a food or a bench or a medical open question to anyone in the major- and it should be used here as well. I product and someone dies as a result, ity. also would point out that under the that corporation is liable for their in- Mr. KELLER. Mr. Chairman, will the bill, claims can go forward for breach attention. gentleman yield? of contract, or breach of warranty as But because of the absence of the Mr. INSLEE. I yield to the gen- well. word ‘‘negligence’’ in this bill, we tleman from Florida. I ask my colleagues to vote ‘‘no.’’ would have removed liability for that Mr. KELLER. Mr. Chairman, that Mr. WATT. Mr. Chairman, I move to very, very well-accepted principle. Let scenario you just posed about someone strike the requisite number of words. me tell you why that is important. taking some kind of improperly labeled Mr. Chairman, I rise in support of the Take the case of Steve Beckler, former diet drug has nothing to do with this gentleman from Washington’s (Mr. INS- pitcher for the Baltimore Orioles who legislation. That claim would still go LEE) amendment; and I want to yield to took a product called Xenadrine RFA– forward and be unimpacted. him, but I want to make one comment 1. It is a dietary supplement, and it ap- This legislation specifically is nar- before I do so. pears to be covered under the defini- rowly targeted to claims based on My colleague, the sponsor of this bill, tion of food of this statute or proposal. weight-gain or obesity. has on several occasions told us a per- It was sold and Mr. Beckler died. It was Mr. INSLEE. Mr. Chairman, I re- suasive, powerful reason for doing advertised as having the quality of a claim my time. something related to this bill is some- The CHAIRMAN pro tempore. The rapid fat-loss catalyst. The medical ex- thing that we did related to H.R. 1036. gentleman’s time has expired. First of all, many of us voted against aminer concluded that his death was a Mr. KELLER. Mr. Chairman, I move H.R. 1036. It did pass this body, but proximate result of this medication. to strike the last word. Now, I do not know exactly about the Mr. Chairman, at the committee then it went to the Senate and the Sen- circumstances of the warnings or lack there was an attempt to strike the ate jettisoned the bill. So to use as of warning on that product; but under knowing and willful standard from the some powerful reason that something this bill as currently drafted without bill. That was unsuccessful. I would is in a bill that had not even gone the Inslee amendment, if the clear tes- ask my colleagues to vote ‘‘no’’ on this through the legislative process, was timony was that the label that said do amendment as well, which is kind of a not even worthy of sending to the not take this if you have high blood new twist there, keeping the knowing President’s desk for signature, strikes pressure was left off due to inattention, and willful, but then they also add me as being about as far a stretch as there would not be a responsibility. ‘‘negligently,’’ which in effect does the saying that this bill is about employ- And the widow of this gentleman would same thing, strike it. So all you have ment rather than politics. be out of luck. to do is prove negligence. Mr. Chairman, I yield to the gen- If, in fact, someone violated the clear This bill already allows a case to go tleman from Washington (Mr. INSLEE). mandate of Congress or a State legisla- forward any time a Federal or State Mr. INSLEE. Mr. Chairman, I want tive body to give a specific warning statute has been knowingly and will- to again reiterate I think there is a that is identified in law, and if that fully violated and that violation is a mutual desire to try to find the right warning did not get on the product, the proximate cause of the injury. language that will accomplish our mu- victim would still be out of luck. tual end, but this bill does not use the And I want to make sure people un- b 1430 right language to do it. derstand this. By inserting the word Let me tell you why it is important I want to respond to the gentleman ‘‘negligence’’ into this bill, we will not to have this knowing, willful standard from Florida’s (Mr. KELLER) statement be giving jurors the right to determine and what the precedent is. that my situation was inappropriate. I what warnings or information should The knowing and willful standard is think I would refer the gentleman to be on the product. That is not giving the exact same standard used in H.R. the language of section 5 which cuts off jurors that ambit. All this will say is if 1036, the Protection of Law Commerce claims for a whole host of injuries in- my good friend, the gentleman from and Arms Act that overwhelmingly cluding ‘‘any health condition that is Wisconsin (Mr. SENSENBRENNER), the passed this House in a bipartisan fash- associated with a person’s weight gain gentleman from North Carolina (Mr. ion. In fact, it received 285 votes. or obesity.’’ WATT), and all of us get together and Therefore, anyone who voted for H.R. Any health condition that is associ- we pass a law that certain information 1036 and who votes for this amendment ated with a person’s weight gain or has to be on the box, like do not take will be voting for stronger protections obesity. The fact of the matter is if this weight loss supplement if you have for firearms manufacturers than for someone forgets to put the label on high blood pressure, or do not take it if the food industry, which is the largest that says do not take this if you have you have evidence of stroke or previous private sector employer in the country high blood pressure, and you gain history of stroke, and due to someone’s providing 12 million jobs. weight and your high blood pressure

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.073 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H963 goes through the roof, you have a I think that is a dangerous slippery is that? That is food under the defini- claim associated to your obesity. There slope that our committee has gotten tion. Food means articles used for food is no reason to have to include that on, and I wish there was some way to or drink, chewing gum and articles language. And if you are going to in- pull us back from that so that we used or components of such article. clude that language, you ought to at would in our committee anticipate, The second part of it is of a weight least include the well-accepted prin- have hearings, and deal with the kind gain, obesity or any health condition ciple of American jurisprudence in 50 of serious problem that has been iden- that is associated with a person’s States which is this: tified by the gentleman from Wash- weight gain. What are the health con- If someone refuses to honor the legal ington (Mr. INSLEE) here; and it would ditions associated with a person’s mandate for conduct that the U.S. Con- not be just a question of whether the weight gain? High cholesterol, for ex- gress imposed due to inattention or sponsor of the bill thinks that this does ample, diabetes, for example, cardio- negligence, there is legal responsibility not apply or may not apply. Maybe vascular disease. This has nothing to for that. And for the first time as I under those circumstances the com- do with diet drugs or labeling of diet know it, and I think the gun law is not mittee and its members would look at drugs or mislabeling. Whatever that applicable because that applied to cre- what this stuff really says, the bill, person’s claim under State law for neg- ating an obligation through the obliga- look at the drafting of the bill. That is ligence can go forward and is com- tion of exercising reasonable care, part of our responsibility as legisla- pletely and totally unrelated to this what this amendment does is say if tors, and it is even more a part of our bill. Mr. TIERNEY. Mr. Chairman, I move Congress imposes an obligation to say responsibility as members of the Com- to strike the requisite number of X, Y or Z, it is not the jurors coming mittee on the Judiciary; and I fear that up with that obligation to say some- words. we have failed in that responsibility. Mr. Chairman, I yield to the gen- thing on the label. We are simply say- Mr. SENSENBRENNER. Mr. Chair- tleman from Washington (Mr. INSLEE). ing if you do not follow the law, there man, I move to strike the requisite is a responsibility. Mr. INSLEE. Mr. Chairman, I want number of words. to respond to my friend, the gentleman I am asking my colleagues to con- Mr. Chairman, listening to the gen- sider this closely for an additional rea- from Wisconsin’s (Mr. SENSENBRENNER) tleman from Washington (Mr. INSLEE) I appropriate reference to the idea of ac- son. Yesterday, Julie Gerberding, the think shows the differences between director of the Federal Center of Dis- countability because, as I said, we on a those of us who support this legislation bipartisan basis ought to be able to ease Control and Prevention said, and those of us who oppose this legisla- ‘‘Obesity is catching up to tobacco as craft a bill that appropriately says if a tion. person has information about their the leading cause of death in America. First, the example that he used rel- food and they are not personally re- If this trend continues, it will soon ative to the professional baseball play- sponsible and become obese due to overtake tobacco. This is a tragedy,’’ er who unfortunately passed away, this Gerberding said. ‘‘We are looking at their own lack of personal responsi- bill does not apply to. It is a complete bility, they should not have a claim. this as a wake-up call,’’ suggesting unrelated argument and the gentleman that over 500,000 deaths annually will And I am first to say that, or second or from Florida (Mr. KELLER) has pointed third. But there is another personal ac- occur due to obesity. that out. But the gentleman from Now, in light of this scientific infor- countability that the way this bill is Washington (Mr. INSLEE) persists on mation, what is the first thing the drafted ignores. And that is that if the using this as an example. And then the House of Representatives does? It gentleman from Wisconsin (Mr. SEN- gentleman from Washington (Mr. INS- rushes to immunity for corporations, SENBRENNER) and I both voted for a bill LEE) quotes the story of the press con- which may be appropriate in this par- that imposed a personal legal responsi- ference that was held yesterday rel- ticular case; but let us show a little bility to put on every package of ative to obesity catching up to tobacco care how we define which cases, so the phenadrine or any other product that as the number one killer of people in people who die as a result of negligence you can think of that says do not take the United States of preventable condi- and people asleep at the switch and this if you have history of a stroke, tions. their refusal to do what Congress told and they do not do this, and this is not Now, the problem with that attitude them to do are not swept up in this a jury-imposed obligation, it is one im- is that those who espouse it expect the bill. posed by the gentleman from Wisconsin government to take over personal re- Mr. WATT. Reclaiming my time, I (Mr. SENSENBRENNER) and myself, to- would just reiterate the points that the sponsibility. The victim always finds gether, and they fail to do it, they someone else to blame for his or her gentleman from Washington (Mr. INS- ought to be held accountable because own behavior. And what this bill does LEE) has made and suggest to him and accountability and personal responsi- the body and the chairman that it is is that it says, do not run off and file bility work two ways in our society. unfortunate that the Committee on the a lawsuit if you are too fat and you end Hold the person who has information Judiciary in the House has become the up getting the diseases associated with about fatty products and they get fat repository of everything essentially po- obesity. It says, look in the mirror, be- because they are irresponsible, hold litical. And so two things quite often cause you are the one who is to blame. them accountable and they have no result from that: number one, just And I have referred twice to a doctor in claim, and this bill should accomplish about every vote is a party-line vote North Carolina and to the woman who that end. But for the person who re- because we know that there is a polit- is the president of the American Coun- fuses to abide by the mandate of this ical reason, not a substantive reason cil on Fitness and Nutrition in saying Congress what to put on food products, that the legislation is being put for- that if you are obese, do not get a law- they should be held accountable for ward. yer. See your doctor. See a nutri- their lack of responsibility; and this The CHAIRMAN pro tempore (Mr. tionist. See a personal trainer. And bill clearly obviates that in the lan- OSE). The time of the gentleman from what this bill does is it will pin the re- guage that says ‘‘any health condition North Carolina (Mr. WATT) has expired. sponsibility of those whose job it is to that is associated with a person’s (By unanimous consent, Mr. WATT correct the problem to begin with and weight gain or obesity.’’ You are cut- was allowed to proceed for 2 additional that is the person who caused the con- ting off, perhaps unintentionally, minutes.) dition which could have been prevent- claims for injury due to high blood Mr. WATT. Number two, it quite able. pressure, stroke, cardiac arrest and a often puts us in a position of thinking, Mr. Chairman, I yield to the gen- whole other group of diseases associ- well, this legislation is not serious and tleman from Florida (Mr. KELLER). ated with weight gain. it is not going anywhere anyway, and Mr. KELLER. Mr. Chairman, to go Frankly, I do not think you are in- as happened with the legislation that back to the gentleman from Washing- tending to do that. Because if I think has been referred to on several occa- ton’s (Mr. INSLEE) question about the that you think your constituents, if sions here, well, the United States Sen- diet drug, I have explained it does not somebody fouls up a label and they die ate, the more deliberative body, will apply. It talks about ‘‘a person’s con- due to a stroke, I do not think you in- bail us out and save us from ourselves. sumption of a qualified product.’’ What tend to cut that off; but you are doing

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.074 H10PT1 H964 CONGRESSIONAL RECORD — HOUSE March 10, 2004 it. And it is unfortunate, and I wish downers, but the USDA is not the Con- lic, are not protected from lawsuits you would help me fix it. gress and a USDA ban on downers is under this Act. I do not believe that The CHAIRMAN pro tempore. The not the law. It is merely a regulation. was the intention. question is on the amendment offered So this amendment is needed to Mr. Chairman, the time is long over- by the gentleman from Washington make it a law, as was, I believe, in- due for this issue. This issue is so ripe (Mr. INSLEE). tended. Otherwise, slaughterers who it is beginning to get rotten. The The amendment was rejected. knowingly violate the regulation, not a American people deserve better than AMENDMENT NO. 1 OFFERED BY MR. ACKERMAN law, get protection from legal action that, Mr. Chairman, and this Congress Mr. ACKERMAN. Mr. Chairman, I for selling diseased meat from mad has the opportunity to act right now to offer an amendment. cows to someone whose brain may rot do the right and proper thing to pro- The CHAIRMAN pro tempore. The some 8 years from now. tect all of our constituents from an in- Clerk will designate the amendment. In the aftermath of our first dis- advertency that occurs within this bill. The text of the amendment is as fol- covery of mad cow disease, Americans Mr. SENSENBRENNER. Mr. Chair- lows: deserve more from Congress than just a man, I rise in opposition to the amend- bill preventing frivolous lawsuits ment. Amendment No. 1 offered by Mr. ACKER- MAN: which have already been successfully Mr. Chairman, this bill provides for a Section 4(2), insert after the period at the defeated in U.S. courts. Instead, we specific exemption for adulterated end the following: ‘‘However, such term shall should be working to assure our con- food, and anybody who eats meat not include any slaughtering, packing, meat stituents that the meat they are eating which may have been infected with canning, rendering, or similar establishment and feeding to their children is safe and mad cow disease and comes down with that manufactures or distributes for human free of mad cow disease. the human variant of mad cow disease consumption any cattle, sheep, swine, goats, Personal responsibility, yes, add me under this bill will have a cause of ac- or horses, mules, or other equines, that, at to the long line of people who have al- tion against those who are responsible. the point of examination and inspection as required by section 3(a) of the Federal Meat ready said that they believe in it, but Secondly, if a person eats an adulter- Inspection Act (21 USC 603(a)), are unable to people should take personal responsi- ated hamburger and becomes seriously stand or walk unassisted at such establish- bility from acts that they knowingly ill or perhaps dies of salmonella infec- ment.’’. take and knowingly violate and volun- tion, this bill does not apply. The sur- Section 4(6), insert after the period at the tarily take. vivors will have a cause of action end the following: ‘‘However, such term shall A person cannot know that they are against those who provided the adul- not include any slaughtering, packing, meat eating the meat of a sick animal be- terated meat in the food chain. canning, rendering, or similar establishment cause it is not labeled, and that is an- What this bill does apply to is law- that distributes for human consumption any other issue. What about personal re- cattle, sheep, swine, goats, or horses, or suits that currently can be filed as a mules, or other equines, that, at the point of sponsibilities of companies that know- result of people eating too much, be- examination and inspection as required by ingly sell meat from downers, from dis- coming obese and coming down with section 3(a) of the Federal Meat Inspection eased animals, too sick to walk to the the diseases that are associated with Act (21 USC 603(a)), are unable to stand or slaughter? We could take personal re- obesity. That has nothing to do with walk unassisted at such establishment.’’. sponsibility if the corporations took downer cattle. It has nothing to do Mr. ACKERMAN. Mr. Chairman, this personal responsibility and put labels with mad cow disease. It merely means amendment has nothing to do with that said the meat we are eating is that people who have eaten too much trial lawyers or any other issue that from a diseased downed cow or that the cannot go back at those who have sold has been basically discussed here meat we are about to eat had a 99 per- or provided a legal product in legal today, but it is merely to correct what cent chance of never being inspected. commerce. I think is an inadvertent omission in According to a Consumers Union Now, I wish that this debate would the bill. poll, seven in 10 Americans who eat concentrate on the issues that are My amendment would expand the meat say they would pay more for beef posed in this bill. The issue that the definitions in the act to exclude any es- to support increased testing in the cat- gentleman from New York (Mr. ACKER- tablishment that manufactures or sells tle, and in a Zogby poll, three out of MAN) has brought up is a very serious meat from downed animals for human four Americans find it unacceptable to issue, but that issue is not presented in consumption from the protections of have downed animals in our food sys- this bill, and if the gentleman from the bill. tem. In fact, the USDA tells us that it New York would look at page 6, lines 9 Mr. Chairman, nearly 3 months have was a downed animal from Washington through 12 inclusive of the bill as re- passed since the first mad cow was dis- State that proved positive for mad cow ported by the Committee on the Judici- covered in the United States and the disease this past December, and early ary, he would see that exemption there very first food-related bill has reached last year in Canada, the infected mad plain as day. the House floor. It is not a bill to pro- cow was also a downed animal. That is Mr. WATT. Mr. Chairman, I move to tect the American people from mad not a coincidence. strike the last word. cow disease and to safeguard the food The USDA ban on slaughtering The chairman of our committee may chain, but it is instead a bill to protect downed animals for human consump- be correct about that part of the bill, lawsuits against food manufacturers tion is based on sound science and is but only if the manager’s amendment for injuries related to weight gain. nearly identical to the Ackerman- passes, I think would he be correct in LaTourette amendment that failed just what he has said, and at this point, 1445 b three votes short of passage in this while all of us are in support of the With America’s food and meat supply House in the past summer, and that manager’s amendment, I guess until at risk, it is embarrassing that this was before the discovery of mad cow this bill passes, I mean, we are still special interest legislation is our first disease in the United States. Surely here. response to reforming food safety in there are three more people in this Mr. ACKERMAN. Mr. Chairman, will the United States. House who now better understand this the gentleman yield? The USDA banned downers from the issue. Mr. WATT. I yield to the gentleman food supply noting that a non-ambula- Mr. Chairman, we should not be pass- from New York. tory animal was 49 times more likely ing bills to protect the irresponsible es- Mr. ACKERMAN. Mr. Chairman, I to have mad cow disease, and they tablishments that may knowingly sell thank the gentleman for yielding, and issued a regulation banning it. Those meat from sick and fallen animals. then again, the distinguished Chairman who oppose this amendment will tell us This amendment would ensure that of the committee, although very that the amendment is not necessary manufacturers and sellers who ignore knowledgeable, may very well be because the bill before us already says the proven health risks from downed wrong. companies that knowingly violate Fed- animals who ignore the USDA ban, not I am holding the page with the very eral or State law get no protection in a law, and sell tainted meat from lines that he asked me to refer to, and the bill and that the USDA banned downed animals to the American pub- what it basically does is it refers to

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.076 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H965 government action, government action ple have a right to bring action against make meat from perfectly healthy ani- against those companies, not indi- those companies that knowingly and mals would be unfairly excluded from vidual actions of those people. The gov- willfully sell meat from diseased fallen the bill. That is wrong. ernment is not getting sick or cer- animals to the consuming public. Perfectly healthy animals may be tainly not getting sicker from eating Mr. WATT. Reclaiming my time, the unable to stand or walk unassisted dur- the meat of diseased animals, but gentleman seems to be shaking his ing the production process, so this human beings are denied under this, head yes. Maybe that means he is going amendment unfairly excludes many not the government. Human beings to accede to the argument. If he is, I law-abiding sellers or perfectly healthy who have eaten diseased meat from am happy to yield to him for that pur- meat from perfectly healthy animals. downed animals have no recourse under pose. For the aforementioned reasons, that the law the way this is written. Mr. KELLER. Mr. Chairman, it is not it is not needed; and even if it was, it Yes, if a person gains weight, and worth yielding then. I am not going to is inappropriate. some of us have done that, from eating accede to this. Mr. WATT. Mr. Chairman, will the wrong and indulging a little bit too Mr. WATT. The gentleman is not gentleman yield? much, sometimes that evidence is all there yet. In that case, I hope he will Mr. KELLER. I yield to the gen- too evident, but when a person eats the get there, because if there is any ambi- tleman from North Carolina. meat of a diseased animal, they have guity in this, we need to make sure Mr. WATT. Mr. Chairman, I am just already eaten the evidence, and the that it is cleared up, and I think it is wondering whether we have the right case is difficult enough to prove. very ambiguous at this point. I would manager’s amendment, because I do People have no protection, no ability rather have a redundant provision in not for the life of me see any of what to sue, and the gentleman, what he the bill than to have an ambiguous or the gentleman just described as being sought to do, if he rereads what he has no provision in the bill. in the manager’s amendment, or in the asked me to do, he will see very, very Mr. KELLER. Mr. Chairman, I move amendment that I have. Perhaps I have clearly that they are not exempted to strike the requisite number of the wrong one. from government action, but they are words. The manager’s amendment I have still protected from private citizens Mr. Chairman, I am going to ask that substitute language that says nothing bringing private courses of action. my colleagues vote ‘‘no’’ on the Acker- about adulteration. Mr. WATT. Mr. Chairman, reclaiming man amendment on three separate Mr. KELLER. Reclaiming my time, my time just for a second, because grounds. Mr. Chairman. The manager’s amend- when we are in the middle of a debate First, the concept of adulterated food ment specifically says, ‘‘Such terms and we are trying to figure out the im- claims are specifically allowed, both shall not be construed to exclude an ac- pact of amendments and coordinate under the base bill, where it specifi- tion brought under the Federal Trade them, it becomes a little unclear what cally says adulterated in section 402 of Commission Act or the Federal Food, is happening. the Federal Food, Drug and Cosmetic Drug and Cosmetic Act.’’ I read the The original bill did say that an ac- Act, and under the manager’s amend- gentleman a section under the Federal, tion regarding the sale of a qualified ment, which specifically says that the Food, Drug and Cosmetic Act dealing product which is adulterated, as de- term ‘‘qualified civil liability action’’ with adulterated products. scribed in section 402 of the Federal does not include an action brought Mr. WATT. Mr. Chairman, if the gen- Food, Drug and Cosmetic Act was one under the Federal Trade Commission tleman will continue to yield, is it not of the things that was not covered Act or the Federal Food, Drug and Cos- true that only the government could under the base bill. The manager’s metic Act. bring an action there? It would not be amendment, however, struck that lan- Under the Federal Food, Drug and an individual action. And would that guage and inserted instead, such terms Cosmetic Act, it specifically defines not be the exact point that the gen- shall not be construed to include an ac- adulterated food in section 342. A food tleman from New York (Mr. ACKERMAN) tion brought under the Federal Trade shall not be deemed to be adulterated if is making? Commission Act. It makes no reference it is considered in whole or part of any Mr. KELLER. Reclaiming my time to adulterated, I believe. Maybe I am filthy, putrid or decomposed substance, once again, Mr. Chairman, I still, on misreading this, but this is one of which, clearly, mad cow disease or e- the other grounds I mentioned earlier, those things where I think we should coli or anything else would be consid- it is still not needed because we are not take absolutely no chance. ered. talking about a claim based on weight Even if it is redundant in some way, The second reason to reject this that gain or obesity. it clearly was not intended and I would it does not apply is the language of this Mr. ACKERMAN. Mr. Chairman, will hope that my colleagues would just ac- particular bill expressly says that we the gentleman yield? cept the amendment. If it turns out to are talking about claims relating to Mr. KELLER. I yield to the gen- be redundant, then there are a whole weight gain, obesity or any health con- tleman from New York. bunch of things in the law that are re- dition that is associated with weight Mr. ACKERMAN. Mr. Chairman, I dundant. That has never been some- gain or obesity: diabetes, high choles- think the gentleman is overlooking thing that we have shied away from. If terol, heart disease. It does not have something. The government brings we want to make something patently anything to do with mad cow disease. lawsuits for violation of the FDA act. clear, we quite often make it redun- If a person eats a mad cow burger, Individuals cannot bring actions under dant. We might say it three, four or their claim goes forward. If a person the FDA act. Individuals bring civil five times in the same statute, and this eats an e-coli burger, their claim goes cases under the tort laws, and that is is a point that I think needs to be made forward. what we are talking here. patently clear. This bill allows the government to I yield back to the gentleman from b 1500 bring a lawsuit. I want Mrs. JONES to New York (Mr. ACKERMAN). A final reason. The gentleman says, be able to bring a lawsuit because her Mr. ACKERMAN. Mr. Chairman, the well, if that is the case, why does the 8-year-old son was just made brain distinguished chairman assured us at gentleman care about my amendment? damaged and is going to die in 3 the outset of his remarks that private Well, let me address that as well. months because he ate a hamburger citizens would not be precluded from This amendment would exclude from that somebody knowingly sold him bringing private actions. It is very the protections of the bill any company that came from a downed animal that clear, to at least some of us who read that uses particular methods to slaugh- had mad cow disease. They cannot do the language of what is in the actual ter perfectly healthy animals. For ex- that under this act because they are bill, that that is what happens, but ample, if a company during the slaugh- not the government. given the chairman’s genuine assur- tering process places cattle in posi- Mr. KELLER. Mr. Chairman, re- ance that citizens would not be pre- tions, like in a coral, in which they claiming my time, and I respect the cluded, I fail to see what harm would cannot walk unassisted, then these per- gentleman’s enthusiasm, but his claim be done if we specifically say that peo- fectly law-abiding companies that that that would be barred is patently

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.081 H10PT1 H966 CONGRESSIONAL RECORD — HOUSE March 10, 2004 untrue. Brain damage or death as a re- be thoroughly understood by my col- The system we have in place does not sult of eating meat from an animal leagues on the floor. There is no con- need to be shaken up, nor does it need with mad cow disease is not a claim for nection whatsoever between a downed to have the safety of our food supply weight gain or obesity. It is just to- animal and a food safety concern, it is challenged on the floor of Congress tally not. It has nothing to do with only after examination of a downed when it has got such an outstanding this. animal that shows that it is, in fact, a record. I urge my colleagues to vote Mr. ACKERMAN. Mr. Chairman, if sick animal and should and must be ex- ‘‘no’’ on the Ackerman amendment. the gentleman will continue to yield, I cluded. The purpose of H.R. 339 is to protect would then ask, Why is the gentleman And as I said this last summer, any the food industry from having to de- protecting companies that allow that? firm that puts a diseased animal know- fend themselves from frivolous law- Mr. KELLER. Why do people allow ingly into our food chain should be suits. Baseless lawsuits drain away our mad cow burgers to be sold? I do not hung to the nearest tree. That, as the economic productivity and interfere know that any company does know- chairman has explained, is what this with economic growth. ingly allow mad cow burgers to be legislation is all about. It does not It is important to point out that this served. take away the right to sue for those bill does not change the fact that any- Mr. ACKERMAN. We do not prevent things that are so clear. one legitimately injured by sub- it. I conclude by again saying, please, standard food can sue. However, the Mr. KELLER. Well, that is for an- please do not continue to attempt on Ackerman amendment would open the other day and another forum. It has this bill or any other bill to associate door for countless groundless suits that nothing to do with this particular bill. downed animals with diseased animals could potentially bankrupt our agra Mr. ACKERMAN. It certainly does. with BSE. That is not a fair compari- businesses and our farmers. That is exactly the point of this son. It is not. There is plenty of atten- I believe this amendment is a sche- amendment the gentleman is speaking tion being given to the issue of animal matic way to gut the purpose of the en- on. health and welfare in other arenas. The tire bill, allowing Americans to con- Mr. STENHOLM. Mr. Chairman, I House Committee on Agriculture has tinue to avoid taking responsibility for move to strike the requisite number of held one hearing on BSE, a field hear- food choices. words. ing on animal identification was held With that said, I am opposed to the I want to begin by acknowledging the last Friday in Houston; and we will be amendment that defines a downer ani- tenacity of my friend from New York holding more hearings on these issues mal. I am from western Iowa. In my in continuing to attempt to pass what in the months ahead. State, we raise about 25 percent of the is basically an animal rights question. No one is more interested in seeing pork. This amendment would put mar- that our food supply remain as safe as We have had this discussion many ket hogs in the same category as older it is today. We are making progress. times. It is interesting listening to the cows that are to be tested for BSE; but We will continue to make progress. But debate on this, because as a cosponsor as clearly stated by the gentleman it is not in the best interest of anyone of this base legislation today, I am op- from Texas, there is no linkage there to continue to make the tie between posed to frivolous lawsuits. But we between a downer animal and a dis- make a mistake when we leave the im- downers and food safety. Mr. KING of Iowa. Mr. Chairman, I eased animal. pression with our colleagues that there Market hogs can suffer unintended move to strike the requisite number of is a connection between a downed ani- injuries on the way to market that mal and a diseased animal. That in words. Mr. Chairman, I stand here on the cause walking problems and thus sub- itself is grounds for a frivolous lawsuit, floor of this Congress, and I sometimes ject them to this amendment. But because a downed animal is not nec- think I have passed through the look- these injuries have nothing to do with essarily a sick animal. And a downed ing glass. I wonder what our Founding the safety and quality of the meat we animal is not necessarily a BSE ani- Fathers would think if 200-some years eat. It is also important to note that mal. That is what, if this amendment later we would be standing here with a hogs are not subject to neurological shall pass, is intended to do, is to make piece of legislation on the floor debat- diseases like BSE. So I urge the body a tie between the two. ing about someone ordering a super- to oppose the Ackerman amendment. Now, I am sure the gentleman knows sized order of french fries and not being Mr. ANDREWS. Mr. Chairman, I that a lot has transpired since we had able to push themselves away from the move to strike the requisite number of this discussion on the floor last sum- table soon enough so that that personal words. mer. USDA has already banned all responsibility, so ingrained in the Mr. WATT. Mr. Chairman, will the downer cattle from the human food American character, is being pushed off gentleman yield? supply, period. His amendment, across the entire American society. We Mr. ANDREWS. I yield to the gen- though, includes all livestock; and this might have to add on to every order of tleman from North Carolina. would provide the grounds for a lawsuit french fries if we are not able to pro- Mr. WATT. Mr. Chairman, I just under the general argument I have tect these food suppliers. want to respond to one thing that the heard from too many of my colleagues I declined to sign onto this bill, al- gentleman just said who just debated. over here today, that any firm that though I support it, for that reason, I, obviously, did not know any of our could be accused of slaughtering a hog that if we have to go down the path of Founding Fathers personally, so it is that could not walk, and if you have protecting individuals and individual hard for me to imagine what would ever raised hogs you know that many professions, we will never get done. I make them turn over in their grave or times something happens to their body would like to see some blanket reform. whatever, as he indicated. But I think physique that will cause them to just But I stand in opposition to the Acker- they would be a lot more distressed drop and you cannot get them up for man amendment. that we were here in this body today any other reason other than just pick A couple of points I would make. The saying that State legislators are in- them up and carry them. Now, what Department of Agriculture, on balance, competent to handle these issues in our that would have to do with adulterated even though they have been more ag- Federalist form of government than food, I do not know; but if this legisla- gressive on downer livestock than I they would likely be incensed with us tion should pass with this amendment would have cared for, has done an ex- dealing with this mundane issue having in it, that would be grounds for a law- cellent job in response to the BSE. The to do with french fries and hamburgers. suit. beef supply in the United States of I think that is what would distress our It is not fair or just to exclude some America is the safest in the world, and Founding Fathers. And I regret that manufacturers from these legal protec- the credibility that is there with our the gentleman missed that part of the tions who are processing food legally producers and the quality of that beef debate earlier here. I think that is the and in accordance with USDA regula- has been established by the confidence, distressing thing about this debate. tions simply because some folks have as has been demonstrated by our con- Mr. ANDREWS. Reclaiming my time, an unrelated animal welfare concern sumers. That is what has held this Mr. Chairman, I would agree with my about downer animals. That needs to market up. friend from North Carolina. I think the

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.083 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H967 Founding Fathers would be appalled the way to do that is to keep the deck have stock shows going on all over the that we were invading the 10th amend- honest; to allow people to bring a law- country. A young boy or girl has raised ment purview of the States to deter- suit if they think harm was done to this calf. They have shown it. Unfortu- mine these questions and imposing this them and do not exclude the industry nately, it breaks its leg. Under the gen- standard for reasons that are lost on and those who knowingly and willfully tleman’s thinking, that calf imme- me. sell products that are tainted to the diately goes to the dump. It is unfit for Mr. ACKERMAN. Mr. Chairman, will public. human consumption no matter what the gentleman yield? How can one exercise personal re- because it is a downer and it cannot Mr. ANDREWS. I yield to the gen- sponsibility if you do not know the walk. tleman from New York. facts? There is no label on your ham- Mr. ACKERMAN. Mr. Chairman, will Mr. ACKERMAN. Mr. Chairman, I burger that says that this hamburger the gentleman yield? thank the gentleman from New Jersey came from a diseased or downed cow. Mr. ANDREWS. I yield to the gen- for yielding to me. People would not eat it, and you know tleman from New York. The gentleman from Iowa took it that. It is a charade that we are play- Mr. ACKERMAN. Under this gentle- upon himself to speak for the Founding ing here. This has nothing to do with man’s thinking, that beloved animal of Fathers, which gives me the initiative trial lawyers. This is a simple amend- that little boy who has shown him all to speak for the founding mothers. I ment that closes an escape clause that around, if he falls and breaks his leg, think they would be aghast to see that I believe, with all due respect, was in- that animal should be treated hu- this Congress is looking to protect advertently created by an oversight, manely and humanely slaughtered rather prurient corporate interests at regardless of your feeling on trial law- which would prevent it from being sold the expense of the health and safety of yers or anything else. to the public. the American people. And I should make it clear, talking The CHAIRMAN pro tempore. The It is not about protecting pigs, my about pigs, that my amendment does time of the gentleman from New Jersey colleague. It is about protecting peo- apply to all livestock, not just cattle. (Mr. ANDREWS) has expired. ple. And I say to the gentleman from Mr. ANDREWS. Mr. Chairman, I ask 1515 Iowa, as well as the gentleman from b unanimous consent to proceed for 2 ad- Texas, my good friend, who has had The gentleman from Texas is right ditional minutes. many discussions with me on this because all livestock, cattle, sheep and The CHAIRMAN pro tempore. Is issue, that the Ackerman amendment pigs can bear the animal form of mad there objection to the request of the does not take away anybody’s right to cow that can be passed on. gentleman from New Jersey? sue. It does not give anybody, as the The CHAIRMAN pro tempore (Mr. The CHAIRMAN pro tempore. Objec- gentleman asserted, the right to sue. BASS). The time of the gentleman from tion is heard from the gentleman from People have a right to sue now. That is New Jersey (Mr. ANDREWS) has expired. North Carolina (Mr. HAYES). the status quo under the American sys- (On request of Mr. WATT, and by Mr. GOODLATTE. Mr. Chairman, I tem of jurisprudence. You can bring a unanimous consent, Mr. ANDREWS was move to strike the requisite number of lawsuit. allowed to proceed for 2 additional words. What the Ackerman amendment at- minutes.) Mr. Chairman, I rise in strong opposi- tempts to do is to prevent what the op- Mr. ACKERMAN. Mr. Chairman, will tion to this amendment. This bill is a position is trying to do, and that is to the gentleman yield? good bill and 89 percent of the Amer- provide an escape clause for those cor- Mr. ANDREWS. I yield to the gen- ican people support the concept that porations who say it is a regulation, tleman from New York. somebody should not be able to go to a not a law; and, therefore, we are ex- Mr. ACKERMAN. Mr. Chairman, the restaurant, to a food processor or food empt from lawsuits. USDA, which is selectively cited by the distributor and be able to sue them be- The bill before us protects those peo- gentleman from Texas giving it such cause they became obese because of ple who knowingly and willfully sell great authority, happens to be the au- their bad eating habits. Let us get back bad meat to good people and says the thority that says that downed animals to the subject at hand. public cannot sue them. The govern- are 49 times more likely to have mad What is wrong with this amendment ment can bring action for violating the cow disease than ambulatory animals. is that the gentleman from New York FDA law, but people cannot sue under There is the connection. It is not that (Mr. ACKERMAN) would completely gut this provision. there is no connection, it is not just the purpose of the bill. He keeps talk- It is appalling to think of who we are that a cow fell and cannot get up and ing about deliberately and willfully protecting here. I would have thought does not have a button to press. putting into the meat supply diseased that those who represent the States If it is a downed animal, regardless of animals. We have laws against doing that have cattle and pigs, and so many why it is a downed animal, it is 49 per- that now. But the gentleman’s amend- people make an important living from cent more likely to have mad cow dis- ment does not say what he talks about. livestock, would understand the mag- ease. Do Members want to play that The amendment says manufactured nitude of the damage that they are game of Russian roulette with their or distributed for human consumption. doing to their own industry and their children? I do not. I think others really It does not say anything about will- own constituencies. The world does not do not, either. If Members want to pro- fully. It says manufactures or distrib- believe what they are saying, that the tect the American people, guarantee utes. That means the processing plant, American food is the safest food in the that we are playing straight with the it means the distribution company, it world. You have lost billions of dollars. American people. It is their interest means somebody who imports from an- The Japanese will not eat American that we are trying to protect. For the other country where we have no con- hamburgers, and they are the ones who sake of trying to make a few more pen- trol over what their laws are on have been buying it all over the world. nies on the pound, you are jeopardizing downed animals. It means the res- Europeans test every cow before they the entire industry, as well as the safe- taurant or cafeteria that distributes put it on the market. America, with all ty of the American public. the food. It means the grocery store our wealth, cannot do that to protect Mr. STENHOLM. Mr. Chairman, will that distributes the food. It does not our own people, and my colleagues’ the gentleman yield? address the specific concern of one par- constituents are paying the price. Bil- Mr. ANDREWS. I yield to the gen- ticular instance. lions of dollars you have cost them. tleman from Texas. This bill completely covers somebody Wake up. Mr. STENHOLM. Mr. Chairman, with who may be specifically suing because The American people do not want to all due respect, the gentleman from they ate tainted meat. But all the gen- eat this meat. And it is not because New York keeps talking about BSE and tleman from New York is saying is if they are just a bunch of animal lovers. mad cows and downers in the same we have one instance from here on out They will eat meat if they know that it breath. We are not arguing that today. where meat was sold that came from is safe. And it is your job to protect With all due respect, the argument any downed animal, then that company that industry as well as the public. And that the gentleman has just made, we loses the protection for all time under

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.085 H10PT1 H968 CONGRESSIONAL RECORD — HOUSE March 10, 2004 this bill. That is outrageous. It obvi- ed, so carelessly drafted, not address- fered by the gentleman from Virginia ously completely guts the purpose of ing anything to do with malicious or (Mr. SCOTT) on which further pro- this legislation. willful action, but anybody who manu- ceedings were postponed and on which Mr. ACKERMAN. Mr. Chairman, will factures or distributes, any restaurant, the ayes prevailed by voice vote. the gentleman yield? any grocery store, any wholesale busi- The Clerk will redesignate the Mr. GOODLATTE. I yield to the gen- ness, any processor who has had any amendment. tleman from New York. downed animal at any time, that busi- The Clerk redesignated the amend- Mr. ACKERMAN. Mr. Chairman, it ness would, for all time, be denied the ment. seems to me the gentleman would have protection of this legislation. I urge RECORDED VOTE it both ways. First the claim is that my colleagues to oppose this out- The CHAIRMAN pro tempore. A re- my amendment is redundant, the bill rageous amendment. corded vote has been demanded. already does what it does. Now the gen- Mr. ACKERMAN. Mr. Chairman, will tleman is saying that it guts the bill. the gentleman yield? A recorded vote was ordered. How can it be redundant and gut the Mr. GOODLATTE. I yield to the gen- The vote was taken by electronic de- bill? tleman from New York. vice, and there were—ayes 177, noes 241, Mr. GOODLATTE. Mr. Chairman, re- Mr. ACKERMAN. Mr. Chairman, I am not voting 15, as follows: claiming my time, I never once said trying not to be insulted by being ac- [Roll No. 48] that this is redundant. What I said was cused of having a foolish and ridiculous AYES—177 there is language in the bill that pro- amendment. I am sure the gentleman Abercrombie Hoeffel Neal (MA) tects an individual from being sued, a is insulting the amendment. Ackerman Holt Oberstar business from being sued by an indi- Mr. GOODLATTE. I am referring to a Allen Honda Obey vidual, if they ate tainted meat. But Andrews Hooley (OR) Olver very foolish amendment, the gen- Baca Hoyer Ortiz the gentleman’s amendment would pro- tleman is correct. Baird Inslee Owens hibit a company from having the pro- Mr. ACKERMAN. Let me suggest to Baldwin Israel Pallone tection of this bill if at any time they your very sanctimonious self that it Becerra Jackson (IL) Pascrell Berman Jackson-Lee Pastor ever sold one single downed animal or was the chairman of this very com- Berry (TX) Paul bought from a company that had proc- mittee that said my amendment was Bishop (GA) Jefferson Payne essed one downed animal. That covers redundant. The author of the bill, rath- Bishop (NY) Johnson, E. B. Pelosi every single circumstance of every sin- er, who said that the amendment was Blumenauer Jones (OH) Pomeroy Boswell Kanjorski Price (NC) gle company that is engaged in food redundant, that what I am trying to do Boucher Kaptur Rahall processing in the country. is already in the bill. Boyd Kennedy (RI) Rangel So obviously the gentleman’s amend- Mr. GOODLATTE. Mr. Chairman, I Brady (PA) Kildee Reyes Brown (OH) Kilpatrick Rothman ment, no matter what his underlying reclaim my time. Brown, Corrine Kind Roybal-Allard intent is, and his underlying intent has The CHAIRMAN pro tempore. The Capps Kleczka Rush nothing to do with obesity, whatever time of the gentleman from Virginia Capuano Lampson Ryan (OH) the gentleman’s underlying intent is, (Mr. GOODLATTE) has expired. Cardin Langevin Sabo Carson (IN) Lantos Sa´ nchez, Linda the effect of his amendment is to kill The question is on the amendment Carson (OK) Larsen (WA) T. this bill because it would remove pro- offered by the gentleman from New Case Larson (CT) Sanchez, Loretta tection that is desired by 89 percent of York (Mr. ACKERMAN). Chandler Leach Sanders The question was taken; and the Clay Lee Sandlin the American people that we are com- Clyburn Levin Schakowsky ing forward with to do today from Chairman announced that the noes ap- Costello Lewis (GA) Schiff every single company in the food proc- peared to have it. Crowley Lipinski Scott (VA) ess because it does not require a willful Mr. ACKERMAN. Mr. Chairman, I de- Cummings Lofgren Serrano mand a recorded vote, and pending Davis (AL) Lowey Sherman and malicious intent; it just says all Davis (CA) Lynch Skelton you had to do was distribute it once in that, I make the point of order that a Davis (FL) Majette Slaughter the entire history of your company quorum is not present. DeFazio Maloney Smith (WA) The CHAIRMAN pro tempore. Pursu- DeGette Markey Snyder from this day forward, and you lose Delahunt Marshall Solis that protection under the law. ant to clause 6 of rule XVIII, further DeLauro Matsui Spratt This is a foolish, ridiculous amend- proceedings on the amendment offered Deutsch McCarthy (MO) Stark ment, and I urge my colleagues to re- by the gentleman from New York (Mr. Dicks McCarthy (NY) Strickland ACKERMAN) will be postponed. Dingell McCollum Stupak ject it. The purpose of the legislation Doggett McDermott Tauscher before us is to protect the food indus- The point of no quorum is considered Doyle McGovern Thompson (CA) try from having to defend themselves withdrawn. Emanuel McIntyre Thompson (MS) from frivolous obesity-related lawsuits. SEQUENTIAL VOTES POSTPONED IN COMMITTEE Engel McNulty Tierney Eshoo Meehan Towns OF THE WHOLE No one has ever argued that downed Etheridge Meek (FL) Turner (TX) animals caused obesity differently than The CHAIRMAN pro tempore. Pursu- Evans Meeks (NY) Udall (NM) non-downed animals. ant to clause 6 of rule XVIII, pro- Farr Menendez Van Hollen ceedings will now resume on those Filner Michaud Vela´ zquez This bill does not in any way relate Ford Millender- Visclosky to the issues of food safety, animal amendments on which further pro- Frost McDonald Waters health or animal welfare. Products ceedings were postponed in the fol- Gonzalez Miller (NC) Watson that do not meet the standards of our lowing order: Amendment No. 6 offered Green (TX) Miller, George Watt Grijalva Mollohan Waxman laws relating to food safety, animal by the gentleman from Virginia (Mr. Gutierrez Moore Weiner health or animal welfare will not be SCOTT); amendment No. 7 offered by Harman Moran (VA) Wexler protected by this legislation. the gentleman from North Carolina Hastings (FL) Murtha Woolsey (Mr. WATT); amendment No. 2 offered Hill Nadler Wu Mr. Chairman, the bill before us Hinchey Napolitano Wynn today is a very carefully thought out by the gentleman from New Jersey effort to address the growing problem (Mr. ANDREWS); and amendment No. 1 NOES—241 of frivolous and costly lawsuits that do offered by the gentleman from New Aderholt Bishop (UT) Burgess nothing but harm American con- York (Mr. ACKERMAN). Akin Blackburn Burns Alexander Blunt Burr sumers. These lawsuits have the con- The first electronic vote will be con- Bachus Boehlert Burton (IN) sequence of adding unnecessary cost to ducted as a 15-minute vote. Remaining Baker Boehner Buyer the food industry and consumers to the electronic votes will be conducted as 5- Ballenger Bonilla Calvert minute votes. Barrett (SC) Bonner Camp sole benefit of trial lawyers. Bartlett (MD) Bono Cannon The Ackerman amendment has noth- AMENDMENT NO. 6 OFFERED BY MR. SCOTT OF Barton (TX) Boozman Cantor ing to do with this issue. It simply cre- VIRGINIA Bass Bradley (NH) Capito ates confusion about who should be af- The CHAIRMAN pro tempore. The Beauprez Brady (TX) Cardoza Bereuter Brown (SC) Carter forded protection from obesity-related pending business is the demand for a Biggert Brown-Waite, Castle lawsuits. Because it is so loosely draft- recorded vote on the amendment of- Bilirakis Ginny Chabot

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Chocola Houghton Portman AMENDMENT NO. 7 OFFERED BY MR. WATT Cannon Hoekstra Pombo Coble Hulshof Pryce (OH) The CHAIRMAN pro tempore. The Cantor Holden Pomeroy Cole Hunter Putnam Capito Hooley (OR) Porter Collins Hyde Quinn pending business is the demand for a Cardoza Hostettler Portman Cooper Isakson Radanovich recorded vote on the amendment of- Carson (OK) Houghton Pryce (OH) Cox Issa Ramstad fered by the gentleman from North Carter Hulshof Putnam Cramer Istook Regula Castle Hunter Quinn Carolina (Mr. WATT) on which further Crane Jenkins Rehberg Chabot Hyde Radanovich Crenshaw John Renzi proceedings were postponed and on Chocola Isakson Rahall Cubin Johnson (CT) Reynolds which the noes prevailed by voice vote. Coble Issa Ramstad Culberson Johnson (IL) Rogers (AL) Cole Istook Regula Cunningham Johnson, Sam The Clerk will redesignate the Collins Jenkins Rogers (KY) amendment. Rehberg Davis (TN) Jones (NC) Rogers (MI) Cooper John Renzi Davis, Jo Ann Keller Rohrabacher The Clerk redesignated the amend- Cox Johnson (CT) Reynolds Davis, Tom Kelly Ros-Lehtinen ment. Cramer Johnson (IL) Rogers (AL) Deal (GA) Kennedy (MN) Crane Johnson, Sam Ross Rogers (KY) DeLay King (IA) RECORDED VOTE Crenshaw Jones (NC) Royce Rogers (MI) DeMint King (NY) Cubin Keller Ruppersberger The CHAIRMAN pro tempore. A re- Rohrabacher Diaz-Balart, L. Kingston Culberson Kelly Ryan (WI) Ros-Lehtinen Diaz-Balart, M. Kirk corded vote has been demanded. Cunningham Kennedy (MN) Ryun (KS) A recorded vote was ordered. Royce Dooley (CA) Kline Saxton Davis (AL) Kind Doolittle Knollenberg Davis (TN) King (IA) Ruppersberger Schrock The CHAIRMAN pro tempore. This Ryan (WI) Dreier Kolbe Scott (GA) will be a 5-minute vote. Davis, Jo Ann King (NY) Duncan LaHood Davis, Tom Kingston Ryun (KS) Sensenbrenner The vote was taken by electronic de- Saxton Dunn Latham Sessions Deal (GA) Kirk Edwards LaTourette DeLay Schrock Shadegg vice, and there were—ayes 158, noes 261, Kline Ehlers Lewis (CA) DeMint Knollenberg Scott (GA) Shaw not voting 14, as follows: Emerson Lewis (KY) Diaz-Balart, L. Kolbe Sensenbrenner Shays English Linder [Roll No. 49] Diaz-Balart, M. LaHood Sessions Sherwood Everett LoBiondo Dicks Larsen (WA) Shadegg Shimkus AYES—158 Feeney Lucas (KY) Dooley (CA) Latham Shaw Shuster Abercrombie Holt Obey Ferguson Lucas (OK) Doolittle LaTourette Shays Simmons Ackerman Honda Flake Manzullo Olver Dreier Leach Sherwood Simpson Allen Hoyer Foley Matheson Ortiz Duncan Lewis (CA) Shimkus Smith (MI) Andrews Inslee Forbes McCotter Owens Dunn Lewis (KY) Shuster Smith (NJ) Baca Israel Fossella McCrery Pallone Edwards Linder Simmons Smith (TX) Baldwin Jackson (IL) Franks (AZ) McHugh Pascrell Ehlers LoBiondo Simpson Souder Becerra Jackson-Lee Frelinghuysen McInnis Pastor Emerson Lucas (KY) Smith (MI) Stearns Berman (TX) Gallegly McKeon Paul English Lucas (OK) Smith (NJ) Stenholm Bishop (GA) Jefferson Garrett (NJ) Mica Payne Everett Manzullo Smith (TX) Sullivan Bishop (NY) Johnson, E. B. Gerlach Miller (MI) Pelosi Feeney Marshall Smith (WA) Blumenauer Jones (OH) Gibbons Miller, Gary Sweeney Price (NC) Ferguson Matheson Boswell Kanjorski Souder Gilchrest Moran (KS) Tancredo Rangel Flake McCotter Brady (PA) Kaptur Spratt Gillmor Murphy Tanner Reyes Foley McCrery Brown (OH) Kennedy (RI) Stearns Gingrey Musgrave Taylor (MS) Ross Forbes McHugh Brown, Corrine Kildee Stenholm Goode Myrick Taylor (NC) Rothman Fossella McInnis Capps Kilpatrick Sullivan Goodlatte Nethercutt Terry Roybal-Allard Franks (AZ) McKeon Capuano Kleczka Sweeney Gordon Neugebauer Thomas Rush Frelinghuysen Mica Cardin Lampson Tancredo Goss Ney Thornberry Ryan (OH) Gallegly Michaud Carson (IN) Langevin Tanner Granger Northup Tiahrt Sabo Garrett (NJ) Miller (MI) Case Lantos Tauscher Graves Norwood Tiberi Sa´ nchez, Linda Gerlach Miller, Gary Chandler Larson (CT) Taylor (MS) Green (WI) Nunes Toomey T. Gibbons Moran (KS) Clay Lee Taylor (NC) Greenwood Nussle Turner (OH) Sanchez, Loretta Gilchrest Moran (VA) Clyburn Levin Terry Gutknecht Osborne Upton Gillmor Murphy Costello Lewis (GA) Sanders Thomas Hall Ose Vitter Gingrey Musgrave Crowley Lipinski Sandlin Thornberry Harris Otter Walden (OR) Goode Myrick Cummings Lofgren Schakowsky Tiahrt Hart Oxley Walsh Goodlatte Nethercutt Davis (CA) Lowey Schiff Hastings (WA) Pearce Wamp Gordon Neugebauer Tiberi Davis (FL) Lynch Scott (VA) Hayes Pence Weldon (FL) Goss Ney Toomey DeFazio Majette Serrano Hayworth Peterson (MN) Weldon (PA) Granger Northup Turner (OH) DeGette Maloney Sherman Hefley Peterson (PA) Weller Graves Norwood Upton Delahunt Markey Skelton Hensarling Petri Whitfield Green (WI) Nunes Vitter DeLauro Matsui Slaughter Herger Pickering Wilson (NM) Greenwood Nussle Walden (OR) Deutsch McCarthy (MO) Snyder Hobson Pitts Wilson (SC) Gutknecht Osborne Walsh Dingell McCarthy (NY) Solis Hoekstra Platts Wolf Hall Ose Wamp Doggett McCollum Stark Holden Pombo Young (AK) Harman Otter Weldon (FL) Doyle McDermott Strickland Hostettler Porter Young (FL) Harris Oxley Weldon (PA) Emanuel McGovern Stupak Hart Pearce Weller Engel McIntyre Thompson (CA) NOT VOTING—15 Hastings (WA) Pence Whitfield Eshoo McNulty Thompson (MS) Ballance Fattah Miller (FL) Hayes Peterson (MN) Wilson (NM) Etheridge Meehan Tierney Bell Frank (MA) Rodriguez Hayworth Peterson (PA) Wilson (SC) Evans Meek (FL) Towns Berkley Gephardt Tauzin Hefley Petri Wolf Farr Meeks (NY) Turner (TX) Conyers Hinojosa Udall (CO) Hensarling Pickering Wynn Fattah Menendez Udall (NM) Davis (IL) Kucinich Wicker Herger Pitts Young (AK) Filner Millender- Van Hollen ´ Hobson Platts Young (FL) ANNOUNCEMENT BY THE CHAIRMAN PRO Ford McDonald Velazquez Visclosky TEMPORE Frost Miller (NC) NOT VOTING—14 Gonzalez Miller, George Waters Ballance Frank (MA) Rodriguez The CHAIRMAN pro tempore (Mr. Green (TX) Mollohan Watson Bell Gephardt BASS) (during the vote). Members are Grijalva Moore Watt Tauzin Berkley Hinojosa Gutierrez Murtha Waxman Udall (CO) advised there are 2 minutes remaining Conyers Kucinich Hastings (FL) Nadler Weiner Wicker Davis (IL) Miller (FL) in this vote. Hill Napolitano Wexler b 1550 Hinchey Neal (MA) Woolsey ANNOUNCEMENT BY THE CHAIRMAN PRO Hoeffel Oberstar Wu TEMPORE Messrs. FORBES, PEARCE, JEN- NOES—261 KINS, MICA, CANNON, PLATTS and The CHAIRMAN pro tempore (during RUPPERSBERGER, and Mrs. MILLER Aderholt Berry Boyd the vote). Members are advised there Akin Biggert Bradley (NH) are 2 minutes remaining in this vote. of Michigan and Mrs. BIGGERT Alexander Bilirakis Brady (TX) changed their vote from ‘‘aye’’ to ‘‘no.’’ Bachus Bishop (UT) Brown (SC) b 1557 Messrs. NEAL of Massachusetts, Baird Blackburn Brown-Waite, Baker Blunt Ginny So the amendment was rejected. STUPAK, EVANS, MEEK of Florida, Ballenger Boehlert Burgess DAVIS of Florida, and Ms. KAPTUR Barrett (SC) Boehner Burns The result of the vote was announced changed their vote from ‘‘no’’ to ‘‘aye.’’ Bartlett (MD) Bonilla Burr as above recorded. So the amendment was rejected. Barton (TX) Bonner Burton (IN) AMENDMENT NO. 2 OFFERED BY MR. ANDREWS Bass Bono Buyer The result of the vote was announced Beauprez Boozman Calvert The CHAIRMAN pro tempore. The as above recorded. Bereuter Boucher Camp pending business is the demand for a

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.032 H10PT1 H970 CONGRESSIONAL RECORD — HOUSE March 10, 2004 recorded vote on the amendment of- Dooley (CA) Kingston Renzi recorded vote on the amendment of- fered by the gentleman from New Jer- Doolittle Kirk Reyes fered by the gentleman from New York Dreier Kline Reynolds sey (Mr. ANDREWS) on which further Duncan Knollenberg Rogers (AL) (Mr. ACKERMAN) on which further pro- proceedings were postponed and on Dunn Kolbe Rogers (KY) ceedings were postponed and on which which the noes prevailed by voice vote. Edwards LaHood Rogers (MI) the noes prevailed by voice vote. Ehlers Larsen (WA) The Clerk will redesignate the Rohrabacher The Clerk will redesignate the Emerson Latham Ros-Lehtinen amendment. English LaTourette Ross amendment. The Clerk redesignated the amend- Etheridge Leach Royce The Clerk redesignated the amend- Everett Levin ment. Ruppersberger ment. Feeney Lewis (CA) Ryan (WI) Ferguson Lewis (KY) RECORDED VOTE RECORDED VOTE Ryun (KS) Flake Linder Sandlin The CHAIRMAN pro tempore. A re- The CHAIRMAN pro tempore. A re- Foley LoBiondo Saxton Forbes Lucas (KY) corded vote has been demanded. corded vote has been demanded. Schrock Fossella Lucas (OK) A recorded vote was ordered. A recorded vote was ordered. Scott (GA) Franks (AZ) Manzullo The CHAIRMAN pro tempore. This The CHAIRMAN pro tempore. This Frelinghuysen Marshall Sensenbrenner Sessions will be a 5-minute vote. will be a 5-minute vote. Gallegly Matheson Shadegg The vote was taken by electronic de- The vote was taken by electronic de- Garrett (NJ) McCotter Gerlach McCrery Shaw vice, and there were—ayes 141, noes 276, vice, and there were—ayes 129, noes 285, Shays Gibbons McHugh not voting 16, as follows: not voting 19, as follows: Gilchrest McInnis Sherwood Shimkus [Roll No. 51] [Roll No. 50] Gillmor McKeon Gingrey Meeks (NY) Shuster AYES—141 AYES—129 Gonzalez Menendez Simmons Goode Mica Simpson Abercrombie Honda Napolitano Abercrombie Holt Napolitano Goodlatte Michaud Skelton Ackerman Hooley (OR) Neal (MA) Ackerman Honda Neal (MA) Gordon Miller (MI) Smith (MI) Allen Hoyer Olver Allen Israel Oberstar Goss Miller (NC) Smith (NJ) Andrews Inslee Owens Andrews Jackson (IL) Obey Granger Miller, Gary Smith (TX) Baca Israel Pallone Baldwin Jackson-Lee Olver Graves Moore Smith (WA) Baldwin Jackson (IL) Pascrell Ballance (TX) Owens Green (WI) Moran (KS) Snyder Becerra Jackson-Lee Payne Becerra Jefferson Pallone Greenwood Moran (VA) Spratt Berman (TX) Pelosi Bishop (NY) Johnson, E. B. Pascrell Gutknecht Murphy Bishop (NY) Jefferson Price (NC) Blumenauer Jones (OH) Pastor Stearns Hall Musgrave Blumenauer Johnson, E. B. Rahall Brady (PA) Kanjorski Payne Stenholm Harris Myrick Brady (PA) Jones (OH) Rangel Brown (OH) Kaptur Pelosi Sullivan Hart Nethercutt Brown (OH) Kanjorski Rothman Brown, Corrine Kennedy (RI) Rahall Sweeney Hastings (WA) Neugebauer Brown, Corrine Kaptur Roybal-Allard Capps Kildee Rangel Tancredo Hayes Ney Capps Kelly Rush Carson (IN) Kilpatrick Rothman Tanner Hayworth Northup Capuano Kennedy (RI) Ryan (OH) Case Kleczka Roybal-Allard Tauscher Hefley Norwood Cardin Kildee Sabo Clyburn Lampson Rush Taylor (MS) Hensarling Nunes Carson (IN) Kilpatrick Sa´ nchez, Linda Costello Langevin Ryan (OH) Taylor (NC) Herger Nussle Case Kleczka T. Crowley Lantos Sabo Terry Hill Ortiz Clay Lampson Sanchez, Loretta Cummings Larson (CT) Sa´ nchez, Linda Thomas Hobson Osborne Clyburn Langevin Sanders Davis (CA) Lee T. Thornberry Hoekstra Ose Costello Lantos Schakowsky DeFazio Lewis (GA) Sanchez, Loretta Tiahrt Holden Otter Crowley Larson (CT) Schiff DeGette Lipinski Sanders Tiberi Hooley (OR) Oxley Cummings Lee Scott (VA) Delahunt Lofgren Schakowsky Toomey Hostettler Paul Davis (CA) Levin Serrano DeLauro Lowey Schiff Towns Houghton Pearce Davis (FL) Lewis (GA) Sherman Deutsch Lynch Scott (VA) Turner (OH) Hoyer Pence DeFazio Lipinski Slaughter Dingell Majette Serrano Turner (TX) Hulshof Peterson (MN) DeGette Lofgren Snyder Doggett Maloney Sherman Hunter Peterson (PA) Upton Delahunt Lowey Solis Doyle Markey Slaughter Hyde Petri Vitter DeLauro Maloney Stark Emanuel Matsui Solis Inslee Pickering Walden (OR) Deutsch Markey Stupak Engel McCarthy (MO) Stark Isakson Pitts Walsh Dicks Matsui Tancredo Eshoo McCarthy (NY) Stupak Issa Platts Wamp Dingell McCarthy (MO) Tauscher Evans McCollum Thompson (CA) Jenkins Pombo Waxman Doggett McCarthy (NY) Taylor (MS) Farr McDermott Thompson (MS) John Pomeroy Weldon (FL) Doyle McCollum Thompson (CA) Fattah McGovern Tierney Johnson (CT) Porter Weldon (PA) Engel McDermott Tierney Filner McIntyre Udall (NM) Johnson (IL) Portman Weller Eshoo McGovern Towns Ford McNulty Van Hollen Johnson, Sam Price (NC) Whitfield Evans McNulty Udall (NM) Frost Meehan Vela´ zquez Keller Pryce (OH) Wilson (NM) Farr Meehan Van Hollen Green (TX) Meek (FL) Visclosky Kelly Putnam Wilson (SC) Fattah Meek (FL) Vela´ zquez Grijalva Millender- Waters Kennedy (MN) Quinn Wolf Filner Meeks (NY) Visclosky Gutierrez McDonald Watson Kind Ramstad Wynn Green (TX) Michaud Waters Harman Miller, George Watt King (IA) Regula Young (AK) Grijalva Millender- Watson Hastings (FL) Mollohan Weiner King (NY) Rehberg Young (FL) Gutierrez McDonald Watt Hinchey Murtha Wexler Harman Miller, George Waxman Hoeffel Nadler Wu NOT VOTING—19 Hastings (FL) Mollohan Weiner Bell Istook Strickland Hinchey Moore Wexler NOES—285 Hoeffel Murtha Woolsey Berkley Jones (NC) Tauzin Aderholt Bono Chabot Holt Nadler Wu Conyers Kucinich Udall (CO) Akin Boozman Chandler Davis (IL) Miller (FL) Wicker Alexander Boswell Chocola NOES—276 Frank (MA) Radanovich Woolsey Baca Boucher Clay Gephardt Rodriguez Aderholt Boehner Capito Bachus Boyd Coble Hinojosa Souder Akin Bonilla Cardoza Baird Bradley (NH) Cole Alexander Bonner Carson (OK) Baker Brady (TX) Collins ANNOUNCEMENT BY THE CHAIRMAN PRO Bachus Bono Carter Ballenger Brown (SC) Cooper TEMPORE Baird Boozman Castle Barrett (SC) Brown-Waite, Cox The CHAIRMAN pro tempore (Mr. Baker Boswell Chabot Bartlett (MD) Ginny Cramer Ballance Boucher Chandler Barton (TX) Burgess Crane BASS) (during the vote). Members are Ballenger Boyd Chocola Bass Burns Crenshaw advised there are 2 minutes remaining Barrett (SC) Bradley (NH) Coble Beauprez Burr Cubin in this vote. Bartlett (MD) Brady (TX) Cole Bereuter Burton (IN) Culberson Barton (TX) Brown (SC) Collins Berman Buyer Cunningham b 1604 Bass Brown-Waite, Cooper Berry Calvert Davis (AL) Beauprez Ginny Cox Biggert Camp Davis (FL) Mrs. KELLY changed her vote from Bereuter Burgess Cramer Bilirakis Cannon Davis (TN) ‘‘aye’’ to ‘‘no.’’ Berry Burns Crane Bishop (GA) Cantor Davis, Jo Ann So the amendment was rejected. Biggert Burr Crenshaw Bishop (UT) Capito Davis, Tom The result of the vote was announced Bilirakis Burton (IN) Cubin Blackburn Capuano Deal (GA) Bishop (GA) Buyer Culberson Blunt Cardin DeLay as above recorded. Bishop (UT) Calvert Cunningham Boehlert Cardoza DeMint AMENDMENT NO. 1 OFFERED BY MR. ACKERMAN Blackburn Camp Davis (AL) Boehner Carson (OK) Diaz-Balart, L. Blunt Cannon Davis (TN) Bonilla Carter Diaz-Balart, M. The CHAIRMAN pro tempore. The Boehlert Cantor Davis, Jo Ann Bonner Castle Dicks pending business is the demand for a

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.093 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H971 Davis, Tom Jones (NC) Putnam The CHAIRMAN pro tempore. The can be, especially when they tie in in- Deal (GA) Keller Quinn Clerk will designate the amendment. centives such as playgrounds and con- DeLay Kennedy (MN) Radanovich DeMint Kind Ramstad The text of the amendment is as fol- tests and clubs and games and free toys Diaz-Balart, L. King (IA) Regula lows: and movies and television and sports Diaz-Balart, M. King (NY) Rehberg Amendment No. 4 offered by Mr. LAMPSON: league-related merchandise. Well, how Dooley (CA) Kingston Renzi At the end of the bill (preceding the can we expect our children freely to Doolittle Kirk Reyes amendment to the long title), insert the fol- Dreier Kline Reynolds say no to fast food when it is, no pun Duncan Knollenberg Rogers (AL) lowing new section: intended, pushed down their throats in Dunn Kolbe Rogers (KY) SEC. 5. ACTIONS BY YOUNG CHILDREN AGAINST Edwards LaHood this manner day in and day out? Rogers (MI) SELLERS THAT MARKET TO YOUNG Well, one child in my district who is Ehlers Larsen (WA) Rohrabacher CHILDREN. Emanuel Latham Ros-Lehtinen Notwithstanding any other provision of 8 and who suffers from juvenile diabe- Emerson LaTourette Ross tes faces a far greater battle to main- English Leach this Act, this Act shall not apply to an ac- Royce Etheridge Lewis (CA) tion brought by, or on behalf of, a person in- tain his fragile health than do most Ruppersberger Everett Lewis (KY) jured at or before the age of 8, against a sell- children. He already faces a lifetime of Ryan (WI) Feeney Linder er that, as part of a chain of outlets at least Ryun (KS) increased health and nutritional ex- Ferguson LoBiondo 20 of which do business under the same trade Flake Lucas (KY) Sandlin penses. And I do not want him and Saxton name (regardless of form of ownership of any other children like him to fall prey to Foley Lucas (OK) outlet), markets qualified products to mi- Forbes Lynch Schrock the marketing practices of the fast- Scott (GA) nors at or under the age of 8. Ford Majette food industry. Fossella Manzullo Sensenbrenner Mr. LAMPSON. Mr. Chairman, today Sessions Franks (AZ) Marshall the House is continuing to consider Frelinghuysen Matheson Shadegg b 1615 Frost McCotter Shaw H.R. 339, the Personal Responsibility in Gallegly McCrery Shays Food Consumption Act. I oppose the Working families have enough to Garrett (NJ) McHugh Sherwood core of this bill because I believe that contend with through fighting to keep Gerlach McInnis Shimkus Gibbons McIntyre Shuster the constitutional right to seek redress their jobs and providing a good edu- Gilchrest McKeon Simmons in our courts as guaranteed by the sev- cation for their children, so they Gillmor Menendez Skelton enth amendment is inviolate and the should not have to take any even more Gingrey Mica Smith (MI) right to civil justice is a fundamental steps to protect their children from in- Gonzalez Miller (MI) Smith (TX) Goode Miller (NC) Smith (WA) element of any stable and just society. dustry and advertizing practices that Goodlatte Miller, Gary Souder Time and time again, we see meas- are running rampant pants. Should Gordon Moran (KS) Spratt ures on the House floor designed to im- this unfortunate set of circumstances Goss Moran (VA) Stearns munize special interests from the only become reality our children, must be Granger Murphy Stenholm Graves Musgrave Strickland means that citizens have to hold cer- able to seek redress in our courts and Green (WI) Myrick Sullivan tain companies and corporations ac- in our justice system. Greenwood Nethercutt Sweeney countable. And today’s bill is no excep- Mr. Chairman, studies indicate that Gutknecht Neugebauer Tanner tion. at age 8 and under, children are more Hall Ney Taylor (NC) Harris Northup Terry So that is why I offer an amendment susceptible to such advertising, and Hart Norwood Thomas to the bill to protect children 8 years of even less likely to understand the pur- Hastings (WA) Nunes Thompson (MS) Hayes Nussle age and younger. This very narrow pose of this advertising. So that is why Thornberry Hayworth Oberstar amendment targets only those fast- so much of this advertising is done dur- Tiahrt Hefley Obey Tiberi food chain restaurants who aggres- ing the cartoon hour, and it is no coin- Hensarling Ortiz Toomey sively market their products to the cidence that major fast food chains Herger Osborne Turner (OH) Hill Ose youngest segments of our society. routinely run their advertisements Hobson Otter Turner (TX) As the chair of the Missing and Ex- during this time. The tragic results of Upton Hoekstra Pastor ploited Children’s Caucus and, more this marketing of fast food is a nation Holden Paul Vitter Hostettler Pearce Walden (OR) importantly, as a concerned grand- of overweight children who remain vul- Houghton Pence Walsh parent, I have always fought to protect nerable to a host of medical conditions Hulshof Peterson (MN) Wamp our children’s interests. And as such, I that they should not have to worry Weldon (FL) Hunter Peterson (PA) want to make sure that children learn about during their formative years. Hyde Petri Weldon (PA) Isakson Pickering Weller how to make informed nutritional It is for these reasons that this Issa Pitts Whitfield choices. Part of that process requires amendment to H.R. 339 is necessary. If Istook Platts Wilson (NM) us to hold those who treat children as we totally foreclose any opportunity, Jenkins Pombo Wilson (SC) John Pomeroy Wolf an advertising demographic account- any opportunity to hold this industry Johnson (CT) Porter Wynn able, especially when children’s health accountable, especially for our young- Johnson (IL) Portman Young (AK) is at stake. est children, we will only see an in- Johnson, Sam Pryce (OH) Young (FL) Mr. Chairman, today the younger age crease in childhood obesity and other NOT VOTING—16 group faces a litany of health issues related problems. It is time we demand Bell Hinojosa Smith (NJ) that generations before them did not responsibility on the part of the fast Berkley Kucinich Tauzin face. Heart disease, high blood pres- food industry, it is our responsibility Conyers Miller (FL) Udall (CO) sure, hypertension, joint problems, as lawmakers to protect those who Davis (IL) Oxley Wicker Frank (MA) Rodriguez asthma, diabetes and cancer are on the cannot protect themselves. My amend- Gephardt Simpson increase with these children. And a ment offers that safety net for our chil-

ANNOUNCEMENT BY THE CHAIRMAN PRO steady diet of fast food is the absolute dren. And for these and many other TEMPORE last thing that they need. Unfortu- reasons, we should support it today. I The CHAIRMAN pro tempore (during nately, fast-food restaurants are bom- ask my colleagues to join me in sup- the vote). Members are advised there barding our children with advertise- porting this amendment. are 2 minutes remaining in this vote. ments that encourage overconsumption Mr. SENSENBRENNER. Mr. Chair- of unhealthy eating choices. man, I rise in opposition to the amend- The average child views 20,000 tele- ment. b 1612 vision commercials each year. That is Mr. Chairman, this amendment will Mr. FORD changed his vote from about 55 commercials a day. And more do exactly the opposite of what the ‘‘aye’’ to ‘‘no.’’ disturbingly, the commercials for gentleman from Texas (Mr. LAMPSON) So the amendment was rejected. candies, snacks, sugared cereals and says it will do, because what the The result of the vote was announced other foods with poor nutritional con- amendment says is that it tells parents as above recorded. tent far, far outnumber commercials that if they are not responsible, they AMENDMENT NO. 4 OFFERED BY MR. LAMPSON for more healthy food choices. can become millionaires. The amend- Mr. LAMPSON. Mr. Chairman, I offer Every working parent knows how ag- ments exploit children and it discour- an amendment. gressive these marketing campaigns ages parents from exercising parental

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.035 H10PT1 H972 CONGRESSIONAL RECORD — HOUSE March 10, 2004 responsibility at all times. It is the Janet Jackson’s costume came off. and cupcakes and cookies? Absolutely, parents that buy the Happy Meals. It is Just like the child who was sitting in they did. The difference is then they the parents that take their kids to the front of that TV did not have a choice went out and rode their bike and fast food chain. And few kids under 8 of what he or she saw then, what choice played. either have their own money to buy do they have when they are watching Now, they spend 1,023 hours a year in the Happy Meals or can make it to the cartoons and repeatedly time after front of a TV screen watching TV or fast food outlet without their parents time after time after time the same playing video games versus only 900 at taking them down there. commercial that puts sugar in front of school. Where are the parents? If you So if this amendment is adopted and them over and over again continues to are talking about a kid eating fast food little Johnnie or little Mary become happen. Does it have an effect on their 21 times a week, where are the parents? big Johnnie and real big Mary before requests when they go to a grocery This amendment says the parents the age of 8, then their parents can sue store or to a fast food restaurant? You have no responsibility whatsoever. It and hopefully break the bank, accord- better believe it does, and that is what defies common sense however well ing to what their lawyers tell them. this amendment is attempting to do. It meaning the author may be. I urge my The Los Angeles Times says this is gives them the opportunity to protect colleagues to vote no. wrong. And one of their editorials they themselves from those injuries only. Ms. JACKSON-LEE of Texas. Mr. said, in part, ‘‘If kids are chowing down Mr. KELLER. Mr. Chairman, I move Chairman, I rise to strike the requisite to excess on junk food, though, aren’t to strike the requisite number of number of words. words. their parents responsible for cracking Mr. Chairman, I am just confounded down?’’ Mr. Chairman, I ask my colleagues to vote no on the Lampson amendment by the debate on the floor of the House The gentleman from Texas’ (Mr. as it relates to the Lampson amend- LAMPSON) amendment says, no, they for at least three reasons. First, one of the cases involving McDonalds was ment, and I rise to enthusiastically are not. And as a matter of fact, we support it because all that I have been will give those parents the opportunity brought by a 400-pound child. And every single meal, breakfast, lunch and hearing from my colleagues in opposi- of monetary enrichment if they buy tion is this is bash the parents day. The their kids far too many happy meals dinner, that parent would take the kid to McDonalds and then shockingly one parents should have known. The parent and do not just say no when Johnnie needs to know. The parent ought to and Mary pull on their parents’ shirt day wakes up and says, oh, the kid is 400 pounds. I never encouraged him to know. tails and say, let us go down to McDon- The Lampson amendment is simple alds or the Burger King or one of these get any exercise. I never encouraged him to step away from the video and it is without complexity. It simply other fast food outlets. tracks the tragedy that occurred some Now, even the best obesity doctors games. I never encouraged him to not years ago when a young child was realize this amendment is another sad watch TV all day. I never encouraged poisoned at one of our fast food loca- assault on the concept of parental re- him to eat healthy food. I never en- tions in the northwestern part of sponsibility. Dr. Jana Clauer, a fellow couraged him to exercise. Now I want a America. I believe it was Whataburger at the New York City Obesity Research million dollars. and I believe it was in the State of Center of St. Luke’s Roosevelt Hospital That is insane. This amendment tells parents that Washington. All his amendment says is has said, ‘‘I just wonder where were the they are not responsible. And if they that if a child is injured, then you have parents when the kids were having are not responsible, they can even prof- a right to pursue the case on behalf of those McDonalds breakfasts every it by becoming millionaires and sue for that child. morning. Were they incapable of pour- it. Now, as reason would have it, we al- ing a bowl of cereal and some milk?’’ Now, it was brought up that these Well, this amendment tells those par- ready know that the Congress that we companies market to kids as well as are under, over the last 10 years, has ents that if they do not pour that bowl adults. I have two kids, 8 years old and of cereal and put some milk on the top eliminated everyone’s right to go into younger. I can tell you who else mar- the courthouse for justice. So do not of it and ruin their kids health as a re- kets to kids. Barney, Bear in the Big sult, if those kids are under 8 they can expect that there is going to be a rush Blue House, Dora the Explorer, Blue’s to the courthouse with parents who are go off to court because it was not their Clues, Nickelodeon, the Disney Chan- fault. Vote this amendment down. going to claim that all of their children nel. In fact, one could argue if you take have been injured because they are not Mr. WATT. Mr. Chairman, I move to this argument, that, in fact, those pro- strike the last word. going to be addressed. They will not grams are so enticing and so addicting have an opportunity to have their Mr. Chairman, I yield to the gen- and so enjoyable to kids but they have tleman from Texas (Mr. LAMPSON). grievances addressed. All of the doors no choice but to sit there and watch of the courthouses have been closed to Mr. LAMPSON. Mr. Chairman, the them every day, and as a result, they words that the gentleman of Wisconsin individuals who have been aggrieved, if lead a stagnant life-style, so why not you will, and who have been injured. (Mr. SENSENBRENNER) just spoke indi- sue them for obesity since they are cate that we would give the oppor- This is a simple statement to provide marketing to them? the protection that the fast food chains tunity for someone to become wealthy It puts the incentives in the wrong want to have. How can we not, under in the event that the child became fat. place totally. Well, we are only asking that if a per- Third, I want to briefly point out the umbrella of equity, not accept the son becomes injured from eating the that childhood obesity is certainly a fairness of what the gentleman from foods that are not healthy for them, serious problem. The childhood obesity Texas (Mr. LAMPSON) is offering today? and I also know that studies reviewed rates have doubled in the last 30 years. As the Chair of the Congressional in a task force report indicate that the I do not stand before you today and Children’s Caucus and the gentleman product preferences can indeed affect hold myself out as the world’s leading from Texas’ (Mr. LAMPSON) leadership children’s product purchase requests expert on physical fitness, but I can daily with exploited children, I cannot and we are bombarded with television tell you the world leading expert on imagine that a simple amendment sim- ads. I know that those children are not physical fitness, Dr. Kenneth Cooper, ply asking for fairness would not be ac- so much with their parents when they the founder of the aerobics movement, cepted by this body. I ask my col- are making the decision to go to testified before my Committee on Edu- leagues to look clearly and squarely at McDonalds or whatever else, these fast cation and the Workforce on February the simplicity of this amendment, and food chains, but they are sitting in 14 of this year and said to us that these I ask them to vote for the Lampson front of their television sets and the lawsuits against the food industry are amendment. parents are there with them. putting, or putting a tax on Twinkies The CHAIRMAN pro tempore (Mr. Much like what happened, and I be- is not going to make a single person BASS). The question is on the amend- lieve the gentleman would probably any skinnier. ment offered by the gentleman from agree that he does not like what we He said, 30 years ago did kids come Texas (Mr. LAMPSON). saw during the Superbowl when part of home from school and eat potato chips The amendment was rejected.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.099 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H973 AMENDMENT NO. 9 OFFERED BY MS. JACKSON- I do not understand. When Oprah My amendment insures that what’s good for LEE OF TEXAS Winfrey was sued, I do not recall any the geese is good for the gander. Those ad- Ms. JACKSON-LEE of Texas. Mr. hue and cry in this body during, or in vancing healthy diets by discouraging the con- Chairman, I offer an amendment. the aftermath of the lawsuit against sumption of certain foods because of their ad- The CHAIRMAN. The Clerk will des- Ms. Winfrey, millions of dollars, mov- verse effects on a person’s health and weight ignate the amendment. ing her television program to Texas, in gain should not be subject to litigation from The text of the amendment is as fol- order to be able to press her case. The the food industry while it stands immunized lows: system worked. There was a trial and from any accountability under this bill. Amendment No. 9 offered by Ms. JACKSON- she was vindicated ultimately, but a I don’t recall any hue and cry in this body LEE of Texas: long trial, and the industry had its day during or in the aftermath of the lawsuit Section 4(5), insert after ‘‘or a trade asso- ciation,’’ the following: ‘‘or a civil action in court. But if we are to end the against Ms. Winfrey to ban food libel laws. brought by a manufacturer or seller of a public’s right to a jury trial on issues The system worked. But if we are to end the qualified product, or a trade assocation, of food safety, we cannot end the public’s right to a jury trial on issues of food against any person,’’. public’s right to freedom of speech by safety, we cannot end the public’s right to Ms. JACKSON-LEE of Texas. Mr. leaving food critics who play an impor- freedom of speech by leaving food critics who Chairman, it is interesting in listening tant role in educating the public, stim- play an important role in educating the public, to the debate on this legislation and ulating positive change and promoting stimulating positive change, and promoting seeing, of course, extensive coverage sound eating habits open to lawsuits sound eating habits open to lawsuits from an that this legislation is obtaining, it from an immunized industry. immunized industry. would appear that we are doing serious This amendment addresses this con- This amendment addresses this concern legislation, providing improvement to cern and ensures that every American and insures that every American can engage the bill, Medicaid bill, finding can engage in or has access to an open in or has access to an open and honest de- ways to quell the violence in Haiti, and honest debate. bate on matters of public health. bring some resolution to the Iraq war, Mr. Chairman, I would simply say Once again, Mr. Chairman, I urge my col- but to my colleagues, we are doing that the time we have spent on this leagues to support my amendment. none of that. bill, I know that our time could have Mr. KELLER. Mr. Chairman, I move We are now spending hours on the been more well spent. I do not know to strike the last word. floor, and I certainly thank my col- whether we have documented how I ask my colleagues to vote ‘‘no’’ on leagues for allowing this amendment to many lawsuits have gone against the the Jackson-Lee amendment. The Per- be made in order, trying to dash the industry. I do not know how much sonal Responsibility in Food Consump- hopes of those who have been severely money we have documented, but I tion Act, the base bill, pertains to law- injured and are seeking a redress of would certainly say to my colleagues suits people bring because they gained their grievances in a court of law. that it seems ridiculous that we have weight and are suing the company that Now, all of us come from constitu- legislation that closes the courthouse served them the food, claiming it is ency that are filled with fast food door. The judicial system has worked their fault. This amendment would pre- chains and restaurants. Many of us well for us in America, and I simply vent manufacturers or sellers of food would disagree with recent statements think we should allow it to continue from suing individuals because, and I of the administration that that equals its work. am not making this up, the company to manufacturing; but we do know that This amendment simply tries to literally got fat. I would like to ask, people are employed by this industry. make this bill minimally slightly bet- how is it possible to determine what In my own community, I have been a ter for the poor consumers and the the body mass index of General Motors strong advocate of small businesses voices of reason that are now opposing is? Did it gain weight over the holi- and the franchise owners who have re- some of the extreme in this industry. days? This amendment should be de- ceived their economic income from this My support is for the food franchisees feated solely because it erroneously as- industry. But, Mr. Chairman, we have and all of those who work in the indus- sumes companies can literally get fat. gone too far. try, but even they realize that fairness The author of the amendment men- Now, we want to take up the cause of is something that cannot be eaten up. tioned a little insight into where she fast food chains with the likes of I ask my colleagues to support the was going when she talked about she McDonalds and Jack in the Box as Jackson-Lee amendment. does not want individuals like Oprah characters, give them the Constitution Mr. Chairman, I offered an amendment, Winfrey getting sued. Well, if my col- and the Bill of Rights and tell Ameri- ‘‘WATTl019,’’ in addition to ‘‘MJl004.’’ This leagues recall, that did not have any- cans where to go. My amendment is amendment would prohibit the food industry— thing to do with this. Oprah Winfrey simple. You protect the fast food which enjoys broad immunity under this bill— got sued by the Beef Cattlemen’s Asso- chains from lawsuits, and I simply from initiating lawsuits against any person for ciation because they claimed she alleg- want to be able to protect those like damages or other relief due to injury or poten- edly defamed them. They did not, the Oprah Winfrey and others who wish to tial injury based on a person’s consumption of Beef Cattlemen’s Association, that be- make statements about the industry or a qualified product and weight gain, obesity, or cause of her comments, this associa- the product and allow them to be im- any health condition that is associated with a tion got fat. mune from lawsuits. person’s weight gain or obesity. So this is an erroneously drafted bill, My amendment ensures that what is This amendment is necessary to insure that has no application here, however it is good for the geese is good for the gan- the public debate on the health and nutritious intended, and I would ask my col- der. Those advancing healthy diet by effects of mass marketed food products is not leagues to vote ‘‘no.’’ discouraging the consumption of cer- completely squelched by this bill. Mr. WATT. Mr. Chairman, I move to tain food because of their adverse ef- In 1996, Oprah Winfrey was sued under my strike the requisite number of words. fects on a person’s health and weight home state’s ‘‘food disparagement’’ laws by Ms. JACKSON-LEE of Texas. Mr. gain should not be subject to litigation the beef industry for comments she made fol- Chairman, will the gentleman yield? from the food industry while it stands lowing the first ‘‘Mad cow’’ scare this country Mr. WATT. I yield to the gentle- immune from any accountability under witnessed. After years of litigation, transfer of woman from Texas. this bill. her television show to Texas, and an expendi- Ms. JACKSON-LEE of Texas. Mr. ture of over one million dollars, Ms. Winfrey Chairman, I thank the distinguished b 1630 prevailed at trial and on appeal. gentleman from North Carolina for Simple. There is no sinister, if you Proponents of this bill assert that the food yielding, and to my good friend from will, hide the ball behind this amend- industry will incur significant cost defending the great State of Florida, let me try ment. It simply says that you are pro- ‘‘frivolous’’ lawsuits by the trial lawyers, but to clarify that this is simply an equity tecting the industry; they cannot be neglect the staggering costs that may be amendment. It is a fairness amend- sued; they are above reproach; they borne by private citizens should they dare ment. have the Constitution and are shred- question the health effects of any ‘‘qualified The example of Ms. Winfrey was only ding it, so why cannot we? food product’’ under this bill. because she, as an individual, was sued

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.102 H10PT1 H974 CONGRESSIONAL RECORD — HOUSE March 10, 2004 by a large conglomerate, the associa- by the Secretary of State of the State Amendment No. 10 offered by Ms. JACKSON- tion dealing with the beef industry. I of corporation, and has the State seal LEE of Texas: respect both of their points of view, in affixed to it. Companies do not get fat, At the end of the bill (preceding the fact. I welcome the opportunity for at least in the physical way that this amendment to the long title), insert the fol- lowing new section: both of them to press their causes in bill is designed to address. Secondly, the gentlewoman from SEC. 5. ACTIONS INVOLVING WEIGHT-LOSS PROD- the courts of law. UCTS. What I am simply saying is that if we Texas brings up the case of the lawsuit Notwithstanding any other provision of are going to spend time protecting the that was filed against Oprah Winfrey. this Act, this Act shall not apply to an ac- fast food industry, using the time of That was a suit. This bill tion alleging that a product claiming to as- this House, then I would challenge my has nothing to do with allegations of sist in weight loss caused heart disease, colleagues to give me a reason, a legiti- defamation. Anybody who claims to heart damage, primary pulmonary hyper- mate explanation for not protecting in- have a cause of action for defamation tension, neuropsychologocal damage, or any dividual rights, and that means that if is perfectly able to go to court and file other complication which may also be gen- their case. erally associated with a person’s weight gain an industry is to be protected from or obesity. suits that are considered frivolous, So I do not understand what rel- then individuals for their actions evance the gentlewoman’s amendment Ms. JACKSON-LEE of Texas. Mr. should be as well protected. has to the issues that are presented to Chairman, when we looked at that bill, I do not understand why we are com- this bill, and that is why it should be we tried to find some redeeming value ing to the floor of the House with a defeated. to it because it does say Personal Re- simply one-sided, single-focused bill. Mr. UDALL of New Mexico. Mr. sponsibility in Food Consumption Act, No one has described the crisis. Usually Chairman, I move to strike the req- and clearly there are none of us that this body is conceded to be a problem uisite number of words. want to be on the wrong side of per- solver. No one has said that we are Ms. JACKSON-LEE of Texas. Mr. sonal responsibility, but I want to overrun with lawsuits. There is no doc- Chairman, will the gentleman yield? focus on what the bill actually does. Mr. UDALL of New Mexico. I yield to umentation of the amount of money I think if my colleagues would listen, the gentlewoman from Texas. as the American people will have to that has been expended, no suggestion Ms. JACKSON-LEE of Texas. Mr. that the GNP has been impacted, and fall victim to this particular legisla- Chairman, I will not take the full 5 tion, they would know that this is so if it is fair to protect the industry, minutes, but I am struck by the com- fast foods in particular, if it is fair to going just too far because what H.R. ments of my distinguished chairman 339 does is it bans suits for harm bash parents about whether or not and colleague from Wisconsin, because their own children, if injured, have a caused by dietary supplements and his interpretation, I believe, is not cor- mislabeling which have nothing to do right to go into court because of the rect, because someone could claim that food that they are eating, not knowing with excess food consumption and a fast food chain, and let me be fair in would prevent State law enforcement the particular conditions that the par- the calling of them, there are so many, ents operate in, and I would imagine officials from bringing legal actions to whether it is Whataburger or McDon- enforce their own consumer protection that the court will determine whether ald’s or Jack-In-The-Box or Burger those lawsuits are frivolous, if it is all law. King, that their hamburgers, as I said, Beyond the idea of obesity, and I am right to come to the floor to do that, it must be the constitutional protec- then I cannot imagine a simple modi- going to get fat on whatever food one tion of all hamburgers are created might be eating, including the very fying of this legislation to equalize the equal, but their hamburger makes one rights of both individuals and associa- tasty French fries, this goes to the fat, just a simple statement. very heart of some tragic incidences tions to me seems to be, if you will, Well, on page 5 of this bill, under the that we have had dealing with food and hypocritical. qualified civil liability action, it clear- nutritional supplements. Again, I would ask my colleagues to ly suggests that that person would be I am aghast, Mr. Chairman, that this consider this amendment as an amend- apt to be sued, and so what I am saying bill deals with banning any oppor- ment of equity and equality and fair- is if we can put legislation on the floor tunity to protect ourselves against ness. It is not necessarily the Oprah of the House to protect the entities, ephedra and fen-phen and any other Winfrey amendment, but I think if Ms. the institutions, the businesses from thing that has to do with these kinds of Winfrey was here, she would acknowl- frivolous lawsuits, then we should be supplements. edge the pain, as well as the burden, able to protect those who are offering Already we have seen the pain of var- that was put upon her to go as an indi- their opinion. By way of documenta- ious individuals who have lost their vidual and defend her case in another tion, by way of research, they have loved ones. This is nothing to simplify jurisdiction. At least she was allowed equal rights. to go into court. In this legislation, the This is an equity amendment, and it and/or to make light of. Even in this door is slammed shut on the basis of seems to me to be quite unusual that current year or the last year we have the fact that maybe hamburgers have my colleagues would not welcome the seen terrible tragedies occur because of now taken a greater standard in this opportunity to equalize lawsuits, a utilization of these particular drugs, country than someone’s individual equalize the ban on lawsuits because it and now my friends want to have a rights. I would like to find the con- is clear that it is in this bill, and I broad, legislatively written bill, H.R. stitution that says all hamburgers are would ask my colleagues to consider 339, that slaps the face of those who created equal. the fairness of this because it is going lost their loved ones, who have been in- Let me ask my colleagues to support directly to the point that is made in jured by the utilization of these supple- this amendment on the basis of fair- this bill, and I would ask my colleagues ments. ness. to support the Jackson-Lee amend- So my amendment is very simple. It Mr. SENSENBRENNER. Mr. Chair- ment. provides, if you will, the protection man, I move to strike the requisite The CHAIRMAN pro tempore (Mr. against that. Hidden in this convoluted number of words. BASS). The question is the amendment definition of the civil action that re- Mr. Chairman, unfortunately, the offered by the gentlewoman from Texas lates to a person’s consumption of a gentlewoman from Texas’ argument (Ms. JACKSON-LEE). qualified product and any health condi- has nothing to do with her amendment The amendment was rejected. tion that is associated with a person’s and the examples that she has used has AMENDMENT NO. 10 OFFERED BY MS. JACKSON- weight gain is the fact that a person is nothing to do with this bill. LEE OF TEXAS banned from bringing a lawsuit on First, what the amendment does is Ms. JACKSON-LEE of Texas. Mr. these kinds of products and that this exactly what the gentleman from Flor- Chairman, I offer an amendment. bill will shield the producer of dietary ida (Mr. KELLER) has indicated, and The CHAIRMAN pro tempore. The supplements from all liability. that is to say, that a company could Clerk will designate the amendment. I offer this amendment to ensure sue for getting too fat. Well, a com- The text of the amendment is as fol- that makers of these highly dangerous pany is a piece of paper that is signed lows: and highly unregulated drugs are held

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.106 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H975 accountable for their action. Let me and this amendment confusingly im- reactions and 155 deaths. You can give my colleagues an example, Mr. plies weight loss can be weight gain, equate it to those who are allergic to Chairman. which does not make sense. dairy products, for example. Under the Food, Drug and Cosmetic The second part of the amendment, Again, these attempts are not to con- Act, all laws that apply to food apply which is somewhat odd, is the amend- demn the food industry globally. We all to dietary supplements unless they ex- ment would bizarrely require Members enjoy and need the nutrients produced plicitly exempt them. That means that to vote for a provision that states that by the agricultural industry as well as this bill limits the liability of dietary being fat is ‘‘generally associated’’ the food industry, the processing food supplementing manufacturers because with brain dysfunction and neuro- industry, the fast-food industry that it does not specifically exempt. Unlike logical disorders. Specifically, it says, produces meals that sometimes may be hamburgers and French fries, dietary ‘‘neurological damage or any other the only meals that people have. But supplements often have hidden side ef- complication which may be generally what we are saying, Mr. Chairman, and fects that often have immediate and associated with a person’s weight gain what we are saying to this body, you dire consequences, but yet we have a or obesity.’’ cannot hide the ball. bill that is broad based with a broad Not all people who might be over- We hope that this is not a sinister in- sweep and no limitation, and unlike weight are suffering from neurological tent, a back-door intent to have tort drugs, these supplements neither have problems. I can tell you that it is pos- reform and to close the courthouse to test for side effects nor report them sible to be both fat and happy. So I do door. If it is not, you cannot argue with to the Federal Government. not understand the reason for this the fact that this is a food supplement Let me tell my colleagues what is amendment. covered by this bill. And I would say to worse. This bill is retroactive. So ongo- Mr. SENSENBRENNER. Mr. Chair- my colleagues, when they do not want ing lawsuits of people already pun- man, will the gentleman yield? to accept any amendment, we may ished, already injured, all suffering, al- Mr. KELLER. I yield to the gen- have a disagreement on this bill; but, ready damaged, already dead are going tleman from Wisconsin. frankly, we do not have a disagreement to be voided by the passage of this law- Mr. SENSENBRENNER. Mr. Chair- on the fact that people’s rights may be suit. How incredulous. man, I would ask the gentleman if denied. They think it is the food indus- I cannot imagine that my colleagues Santa Claus is both fat and happy? try; I think it is individuals. would have such intent because I would Mr. KELLER. Reclaiming my time, If my colleague thinks that the bill never attribute sinister intent to the Mr. Chairman, I believe he is. does not apply to dietary supplements, drafters of this legislation, and I would Mr. WATT. Mr. Chairman, I move to then why does he not accept the only ask my colleagues, let us fix it strike the last word. amendment? It does no harm anyhow. today on the floor of the House. Let us Ms. JACKSON-LEE of Texas. Mr. The language of the bill is ambiguous show America that there is no intent Chairman, will the gentleman yield? at best, dangerous at worst. But more to go back into the courtroom of ongo- Mr. WATT. I yield to the gentle- importantly, I have just run through ing litigation where family members woman from Texas. an explanation why food supplements are gathered in great, if you will, dis- Ms. JACKSON-LEE of Texas. Mr. are included. So I do not think we advantage because of what has hap- Chairman, I thank the distinguished should take a chance. I think we pened to them or a loved one and ask ranking member very much for yield- should protect the American public and them to give up a legitimate claim, ing to me. I know we can come to a provide support for this amendment so and then let us not go forward with a meeting of the minds on this. in fact we have the opportunity to clar- bill that takes a broad brush and de- Mr. Chairman, I want to take my ify it. nies one’s right to get into the court on good friend from Florida somewhat to I do not see where this bill clarifies a these dietary supplements and nutri- task because it is inaccurate what he distinction between food and the food tional supplements. has just represented to this body. It is supplement and the fact as to whether totally inaccurate. These supplements or not someone would make a claim b 1645 claim to help prevent weight gain or that would subject them to a lawsuit. I The current system is not sufficient they claim to help or to prevent obe- am concerned, and I would think my to deal with this threat. Consider sity. This legislation does apply. Clear colleagues should be concerned. This ephedra, for example, which the FDA and simply, it does apply. does not have to be time spent in fri- started investigating in 1997. It is now What is going to happen is that we volity. It can be a serious attempt at 7 years, 18,000 adverse reactions, and at are hiding the ball. This legislation legislation. All we have to do is bal- least 155 deaths later; and it is just now will pass and thousands will be thrown ance it. being pulled off the shelves. So it is im- out of the courthouse. I have already If there is some substance to this portant to note, Mr. Chairman, that cited for my colleagues that there have idea that fast-food chains are being this amendment is simply to clarify been 18,000 adverse reactions from subjected unmercifully to lawsuits, this bill. ephedra, with 155 deaths. then just imagine those without the I would ask my colleagues to support Let me advise how this bill impacts kinds of resources that you might this amendment and to recognize that the problem that I am citing by way of think a business would have and indi- this can help us together clarify the my amendment and why it needs to be vidually are sued by this industry. rights of those who are already in fixed. First of all, section 3(a) of the That is unfair. And those who are now court and the rights of those going for- bill bans qualified civil liability action. in the process of suing because they ward on the nutritional supplements That already goes to those who have have actually been harmed. that have brought great damage to had an adverse reaction or those who The very language of this bill that I many Americans. are dead and their family members are think is overreaching anyhow, which is Mr. KELLER. Mr. Chairman, I rise in trying to go into court. Section 4(5) of clearly retroactive, to me, suggests opposition to the amendment. the bill defines qualified civil liability that we have a real problem. In fact, I Mr. Chairman, I will ask my col- actions as actions involving a qualified would ask the question whether this leagues to vote ‘‘no’’ on the Jackson- product. Section 4(4) of the bill defines bill will withstand any sort of court re- Lee amendment dealing with diet pills a qualified product as a food under the view; and if I can stretch it, whether it on a couple of grounds: Food, Drug and Cosmetic Act. Section will withstand any kind of constitu- First, the Personal Responsibility in 32(f)(f) of the Food, Drug and Cosmetic tional muster. Because I know hidden Food Consumption Act applies to Act says a dietary supplement shall be somewhere somebody’s rights have weight gain, obesity, or any health deemed to be a food within the mean- been denied. condition that is associated with a per- ing of this chapter. I would ask my colleagues to again son’s weight gain, such as diabetes, This bill is a direct correlation to the support this equitable amendment that high cholesterol, cardiovascular dis- Food, Drug and Cosmetic Act; and allows for the bill to be modified to ease. It has nothing to do with weight ephedra, as a dietary supplement, is, protect individual rights and the ideas loss and nothing to do with diet pills, therefore, a food, with 18,000 adverse of food supplements being included.

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.110 H10PT1 H976 CONGRESSIONAL RECORD — HOUSE March 10, 2004 Mr. SENSENBRENNER. Mr. Chair- Amendment No. 8 offered by Mr. WATT: suits and must be defeated. The amend- man, I move to strike the requisite Strike section 3(b). ment would essentially gut the entire number of words. Mr. WATT. Mr. Chairman, I will try bill by preventing the dismissal of Mr. Chairman, first of all, this bill to be brief, because we have been here pending lawsuits. If such an amend- has nothing to do with weight loss for a long time. I do want to com- ment passed, all that would happen is products, whether they are food supple- pliment all of my colleagues who have that hundreds of additional cases ments or drugs that require a prescrip- really explored the issues related to would be filed right before the date of tion or drugs that are sold over the this bill vigorously, and I think it has enactment. That is exactly what hap- counter. It only deals with food that been a good discussion. pened in Texas and Mississippi when makes people increase their weight so This final amendment, and I do think those States recently enacted legal re- that they become obese and have all of it is the final amendment, would strike forms that did not preclude pending the medical problems related to obe- section 3(b) of the bill. Section 3(b) pro- cases. sity. vides that a qualified civil liability ac- Such an amendment, as offered by Now, on page 5 of the bill, ‘‘Qualified tion that is pending on the date of the the gentleman from North Carolina, Product’’ is defined in section 201(f) of enactment of this act shall be dis- would therefore make the current situ- the Federal Food, Drug and Cosmetic missed immediately by the court in ation much worse. The Supreme Court Act; and this section of the Food, Drug which the action was brought or is cur- has held that Congress can impose and Cosmetic Act reads as follows: rently pending. rules that apply retroactively, if it ‘‘The term food means when an article The effect of that language is to does so, pursuant to an economic pol- is used for food or drink for man or make this bill retroactive in its appli- icy. Review of retroactive legislation other animals, chewing gum and arti- cation applied to pending lawsuits as of under the due process clause is no more cles used for components of any such the date the law becomes effective. than a variety of judicial regulation of article.’’ Now, there are not currently any pend- economic activity under the concept of So all of what the gentlewoman from ing lawsuits, because all of them have substantive due process. Texas complains about is not covered been dismissed, as I have indicated pre- The general principles the Supreme in this bill because it is not a qualified viously. But between now and the time Court has handed down regarding the product as defined by the bill. that this legislation may be enacted, constitutionality of retroactive legisla- And I will not yield to the gentle- other lawsuits may be pending or may tion under due process principles were woman. She has been up twice to try to be filed; and so this amendment is summarized by the court as follows: explain what she is trying to do. She is aimed at protecting against retro- ‘‘The strong deference accorded legisla- just plain wrong. active application of this bill because I tion in the field of national economic And, secondly, there is one other think it is just unfair and almost un- policy is no less applicable when that thing that I think is very relevant, and American to change the rules of a legal legislation is applied retroactively. this comes from the black and white process in the middle of the action. Provided that the retroactive applica- provisions of her own amendment as in Under this bill, any banned lawsuit tion of a statute is supported by a le- the CONGRESSIONAL RECORD. It talks would be dismissed by a court whether gitimate legislative purpose, furthered about neuropsychological damage or it has just been filed, a judgment is im- by rational means, judgment about the other complications which may gen- minent, or a judgment has been en- wisdom of such legislation remain erally be associated with a person’s tered and post-judgment proceedings within the legislative and exclusive weight gain or obesity. and appeal may even be in process. branches. The retroactive legislation Now, to say that someone who is This requirement is inherently unfair does not have to meet a burden not obese has got psychological damage, I to litigants who may have devoted faced by legislation that has only fu- think, gets to the point of the gen- countless time and resources based ture effects, but that burden is met tleman from Florida saying that there upon their legitimate reliance on the simply by showing that the retroactive are a lot of people who can be both fat laws of the States at the time they ini- application of the legislation is itself and happy. tiated their lawsuits. justified by a rational legislative pur- If the gentlewoman from Texas wants Whether or not there are pending pose,’’ and that is Pension Benefit to draft an amendment to aim at the cases that would be dismissed under Guaranty Corporation v. R.A. Gray & target, this was not it because the gun the bill, the retroactivity of the bill is Company decided by the Supreme is shooting in the wrong direction. bad policy and bad precedent. Our Na- Court in 1984. Ms. JACKSON-LEE of Texas. Mr. tion prides itself on a fair, impartial, This bill aims to save the national Chairman, I ask unanimous consent to and open judiciary. This provision, food industry from bankruptcy due to make an inquiry. however, undermines the judiciary and pending lawsuits and is an enactment The CHAIRMAN pro tempore (Mr. erodes public confidence in the system. pursuant to a national economic pol- BASS). Is there objection to the request The American people cannot have faith icy. The Supreme Court also upheld the of the gentlewoman from Texas? that any of their rights are secure if we retroactive application of the liability Mr. KELLER. Objection. change the rules of the game midway provisions of the Multiemployer Pen- The CHAIRMAN pro tempore. Objec- through a legal process. The judicial sion Plan Amendments Act of 1980 tion is heard. system, State and Federal, is a vital against the challenge that the with- The question is on the amendment part of our constitutional framework, drawal liability provisions violated the offered by the gentlewoman from Texas and we should not be changing the fifth amendment taking of property (Ms. JACKSON-LEE). rules in midstream. clause. The question was taken; and the As a litigator, I know how deeply our The provision of the Act that re- Chairman pro tempore announced that citizens feel about rights they advance quired an employer to fund its share of the noes appeared to have it. in court. I know the personal stress and a pension plan was viewed by the court Ms. JACKSON-LEE of Texas. Mr. financial strain that lawsuits may im- as a law regulating economic activity Chairman, I demand a recorded vote. pose on an entire family, and I know to promote the common good. There- The CHAIRMAN pro tempore. Pursu- how contrary this provision is to fun- fore, the law was not an invalid taking ant to clause 6 of rule XVIII, further damental notions of fairness and fair of property for which compensation proceedings on the amendment offered play. I urge my colleagues to support was due. That is Connolly v. Pension by the gentlewoman from Texas (Ms. the amendment to eliminate the retro- Benefit Guaranty Corporation, 1986. JACKSON-LEE) will be postponed. activity of this bill. This amendment is a bad one. It is AMENDMENT NO. 8 OFFERED BY MR. WATT designed to gut the legislation and Mr. WATT. Mr. Chairman, I offer an b 1700 should be defeated. amendment. Mr. SENSENBRENNER. Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN pro tempore. The man, I rise in opposition to the amend- Chairman, I move to strike the last Clerk will designate the amendment. ment. word. The text of the amendment is as fol- This amendment would prevent the I rise to support of the Watt amend- lows: application of H.R. 339 to pending law- ment, and would offer to say to the

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.114 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H977 gentleman from Wisconsin (Mr. SEN- widow’s opportunity to petition in a Vote ‘‘aye’’ for this amendment and make SENBRENNER), this is a vital amend- court of law. sure that this bill is limited to what it claims to ment. This happens to seek to elimi- We have already said that the judi- stop—frivolous obesity cases, and not meri- nate the retroactivity of the very point cial system works, and I cannot imag- torious claims against dangerous drug manu- that I previously made regarding the ine why we are here today playing with facturers. ongoing and pending lawsuits, particu- the lives and the ability to achieve jus- IN THE UNITED STATES DISTRICT COURT larly on the Ephedra issue. tice of those who are here in this coun- FOR THE WESTERN DISTRICT OF MIS- Let me cite an example to show how try, and particularly as this particular SOURI, CENTRAL DIVISION deadening and devastating this legisla- case suggests, those are willing to give EARLINE COOK, surviving spouse of HENRY tion would be passed with the anti or the ultimate measure for this Nation. L. COOK, deceased, and administrator of retroactive language in it that would This is a straightforward amendment the Estate of Henry L. Cook, deceased, then stop at the courthouse steps; which carries with it the weight of Plaintiff, more seriously, stop at the bench of rightness, and that is that you cannot v. the judge those ongoing litigation mat- have retroactivity in this bill. That CYTODYNE TECHNOLOGIES, INC., a New ters that are now pending. would deny people the right to access Jersey corporation, Serve: Robert I gave some comfort by suggesting their rights in court. Chinery, Jr., Cytodyne Technologies, that I would not attribute anything My conclusion is that I beg to differ Inc., 2231 Landmark Place, Manasquan, misdirected or mean-spirited to this with anyone who would say that this is New Jersey 08736, not covered, food supplements are not and legislation; I assume there is some pur- NUTRAQUEST, INC., a New Jersey corpora- pose for it, but I cannot imagine why covered in this bill because they need to read section 321(ff). The Food, Drug tion, Serve: Robert Chinery, Jr., we would want to close the door on Nutraquest, Inc., 2231 Landmark Place, those who have suffered. and Cosmetic Act says ‘‘a dietary sup- Manasquan, New Jersey 08736, Let me cite an example. Earline plement shall be deemed to be a food and Cook has filed a wrongful death claim within the meaning of this chapter.’’ It ROBERT CHINERY, JR., individually, in the United States District Court for is covered, and this amendment should and Western Missouri against several com- pass. I ask my colleagues to support PHOENIX LABORATORIES, INC., a New the Watt amendment. York corporation, Serve: Mel L. Rich, panies after her husband passed away President and CEO, Phoenix Labora- in July 2001 after taking a product con- Mr. Chairman, I urge everyone to vote ‘‘yes’’ to the first of my two amendments, ‘‘MJl004’’ tories, Inc., 140 Lauman Lane, Hicksville, taining Ephedra. Mr. Cook was a deco- New York 11801, rated military veteran who died after to ensure that dietary supplement manufactur- and ingesting an Ephedra-based product ers don’t get away with murder. GENERAL NUTRITION CENTER, INC., d/b/a This bill bans not only so-called ‘‘obesity-re- while playing basketball on a military GNC, a Pennsylvania corporation, Serve: lated suits,’’ but any civil action that ‘‘relate[s] base. The autopsy and military inves- General Nutrition Center, Inc., c/o to . . . a person’s consumption of a qualified United States Corporation Company, 221 tigation concluded that death was product . . . and any health condition that is Bolivar, Jefferson City, MO 65101, caused by the Ephedra-based product. associated with a person’s weight gain.’’ Note and The military base recently named the that the person with the health condition does GENERAL NUTRITION CORPORATION, d/b/ gymnasium after Mr. Cook in recogni- a GNC, a Pennsylvania corporation, not have to be obese, they only have to have tion of his dedication and service to Serve: Michael K. Meyers, President & a health condition that obese people also CEO, General Nutrition Corporation, the Army and his efforts to stay in top have. Heart disease and kidney problems physical shape during his military ca- Inc., 921 Penn Avenue, Pittsburgh, PA would be some of those diseases, for exam- 15222, reer. ple. Hidden in this convoluted definition is the and Her case is currently pending, and I fact that this bill will shield the producers of di- FICTITIOUS DEFENDANTS A,B,C, and D, will submit the actual lawsuit into the etary supplements from all liability. I offer this Defendants. RECORD because, for some reason, my amendment to ensure that makers of these COMPLAINT colleagues seem to think we are giving highly dangerous—and highly unregulated— COMES NOW, Plaintiff, individually, on up smoke, and I would tend to think drugs are held accountable for their actions. behalf of the class of claimants entitled to this is to the contrary. Under the Food, Drug and Cosmetic Act, all recover for the wrongful death of Henry L. This is so important because dietary laws that apply to ‘‘food’’ apply to dietary sup- Cook and as Administrator of the Estate of supplements are covered by this legis- plements unless they explicitly exempt them. Henry L. Cook, and for her Complaint states lation. Section 321(ff) of the Food, Drug That means this bill also limits the liability of and alleges as follows: and Cosmetic Act says ‘‘a dietary sup- dietary supplement manufacturers. Unlike Type of Case plement shall be deemed to be a food hamburgers and french fries, dietary supple- 1. This is a wrongful death action brought within the meaning of this chapter,’’ ments often have hidden side effects that against Defendants under Missouri law, and this language is referred to in this have immediate and dire consequences. And § 537.080 RSMo. for the wrongful death of legislation. Henry L. Cook on or about July 17, 2001. This unlike drugs, these supplements neither have action is brought by Plaintiff, Earline Cook, So the Watt amendment is an excel- to test for side effects nor report them to the lent amendment because the gen- both individually as the surviving spouse of Federal Government. Henry L. Cook, as representative for the tleman is trying to protect the likes of Our current system isn’t sufficient to deal class claimants under § 537.080 RSMo. and as Ms. Cook who is innocent, and while with this threat. Consider ephedra. The FDA the duly appointed administrator of the Es- she has filed in a Federal court, unbe- started investigating ephedra in 1997. It’s now tate of Henry L. Cook. Decedent Henry L. knownst to her, we are on the floor of 7 years, 18,000 adverse reactions, and at Cook used Defendants’, Cytodyne Tech- the House undermining, cancelling her least 155 deaths later—and it’s just now being nologies, Inc. (hereinafter ‘‘Cytodyne’’)/ lawsuit. Might I just say, what a trag- pulled off the shelves. Despite the reports of Nutraquest, Inc. (hereinafter ‘‘Nutraquest’’) edy. strokes, seizures, heart attacks, and sudden product—Xenadrine RFA–1—preceding his death on or about July 17, 2001. As a direct I imagine we could name a number of death, ephedra was allowed to stay on the serious incidents that are ongoing that and proximate result of taking this product market. decedent Henry L. Cook was caused to suffer have resulted in lawsuits regarding Now that ephedra is gone, new diet drugs physical injury and death by sudden Ephedra, and maybe we can list a num- are already taking its place: bitter orange, cardiopulmonary arrest. The Xenadrine ber of other dietary supplements as aristolochic acid, and usnic acid. All three RFA–1 product is manufactured by food supplements as section 321(ff) sug- have been associated with kidney and liver Cytodyne/Nutraquest and Defendant Phoenix gests. It is the height of hypocrisy that problems. And while the FDA claims that it will Laboratories, Inc. (hereinafter ‘‘Phoenix’’), the case that is pending is that of a look into the matter, we all saw what hap- and was sold and marketed through General decorated military veteran who was at- pened the last time the FDA began its cum- Nutrition Center, Inc. and/or Defendant Gen- tempting to stay at full measure to eral Nutrition Corporation (hereinafter bersome process. How many people will die jointly referred to as ‘‘GNC’’) retail outlets. serve his country and who was playing this time? While the government works The events giving rise to Henry L. Cook’s basketball on a military base. This through its bureaucratic process, we have to death occurred in St. Joseph, Missouri. This lawsuit is ongoing, and I cannot under- let people have their day in court to stop these action seeks monetary damages for the per- stand why we would want to douse this tragic events from happening again. sonal injuries and wrongful death caused by

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.118 H10PT1 H978 CONGRESSIONAL RECORD — HOUSE March 10, 2004 the Xenadrine RFA–1 product, and for sylvania. Defendant General Nutrition Cen- cause this cause of action accrued in Mis- Earline Cook’s loss of the consortium of her ter, Inc. is not registered or qualified to do souri and arises out of (1) the transaction of husband and for all the damages allowed by business in the State of Missouri with its business within the State of Missouri by law. principal place of business at 921 Penn Ave- GNC and its employees; and (2) the commis- Parties nue, Pittsburgh, Pennsylvania. Defendant sion of tortious acts by GNC and its employ- General Nutrition Center, Inc. may be served ees within the State of Missouri. 2. Plaintiff, Earline Cook, is an adult resi- through its registered agent in Missouri, the 20. This Court has personal jurisdiction dent of St. Joseph, Buchanan County, Mis- United States Corporation Company, 221 Bo- over Fictitious Defendants A, B, C and D souri. livar, Jefferson City, Missouri 65101. pursuant to § 506.500 RSMo. because this 3. Defendant, Cytodyne Technologies, Inc. 11. Defendant General Nutrition Corpora- cause of action accrued in Missouri and (‘‘Cytodyne’’) is a corporation organized and tion d/b/a/ GNC is a corporation organized arises out of (1) the transaction of business existing under the laws of New Jersey. and existing under the laws of the State of within the State of Missouri by Fictitious Cytodyne’s principal place of business is lo- Pennsylvania. Defendant General Nutrition Defendants A, B, C and D and their employ- cated at 2231 Landmark Place, Manasquan, Corporation is not registered or qualified to ees; and (2) the commission of tortious acts New Jersey, 08736. At all times relevant here- do business in the State of Missouri. Defend- by Fictitious Defendants A, B, C and D and to, Cytodyne was in the business of manufac- ant General Nutrition Corporation does not their employees within the State of Mis- turing, marketing, selling and distributing have a registered agent for service of process souri. Xenadrine RFA–1. within the State of Missouri. Defendant Gen- 21. Plaintiff’s claim for wrongful death ac- 4. Defendant Cytodyne is a foreign corpora- eral Nutrition Center, Inc. may be served crued in Missouri. On information and belief, tion that is not registered or qualified to do through Mr. Michael K. Meyers, its Presi- the Xenadrine RFA–1 was purchased and in- business in the State of Missouri. Cytodyne dent and Chief Executive Officer at its prin- gested by decedent in Missouri—specifically does not have a registered agent for service cipal place of business, 921 Penn Avenue, in St. Joseph, Missouri within the Western of process in Missouri. Cytodyne Tech- Pittsburgh, Pennsylvania 15222. District of Missouri. Decedent resided in St. nologies may be served through any of its of- 12. Defendant General Nutrition Center, Joseph, Missouri within the Western District ficers at its principal place of business at Inc. and Defendant General Nutrition Cor- of Missouri at the time of his death. Plaintiff 2231 Landmark Place, Manasquan, New Jer- poration are both names under which the currently resides in St. Joseph, Missouri sey, 08736. same business and/or corporation has oper- within the Western District of Missouri. De- 5. Defendant, Nutraquest, Inc. ated and may be jointly referred to within fendants include an individual non-resident (‘‘Nutraquest’’) is a corporation organized this Complaint as GNC. and foreign corporations, one or more of and existing under the laws of New Jersey. 13. Fictitious Defendants, A, B, C, and D, which has been and are currently engaged in Nutraquest’s principal place of business is lo- are those persons, franchisees, sales rep- business, directly or by authorized agent, in cated at 2231 Landmark Place, Manasquan, resentatives, district managers, firms or cor- Missouri. Defendants GNC’s registered agent New Jerseys, 08736. Nutraquest, Inc. was for- porations whose actions, inactions, fraud, is specifically located within this division of merly known as Cytodyne Technologies, Inc. scheme to defraud, and/or other wrongful the Western District of Missouri in Jefferson At all times relevant hereto, Nutraquest was conduct caused or contributed to the injuries City, Missouri. in the business of manufacturing, marketing, sustained by Plaintiff and Decedent, whose 22. Venue is appropriate before this Court selling and distributing Xenadrine RFA–1. true and correct names are unknown to pursuant to § 508.010 RSMo as defendants in- 6. Defendant Nutraquest is a foreign cor- Plaintiff at this time, but will be substituted clude both individuals and corporations and poration that is not registered or qualified to by Amendment when ascertained. At all all defendants are non-residents of Missouri. do business in the State of Missouri. times relevant hereto, the fictitious defend- Furthermore, Defendant GNC’s registered Nutraquest does not have a registered agent ants were in the business of marketing, for- agent is located in Jefferson City, Missouri. for service of process in Missouri. Nutraquest mulating, producing, selling and distributing General Allegations may be served through any of its officers at Xenadrine RFA–1. 23. Decedent Henry Lee Cook was born on its principal place of business at 2231 Land- 14. At all times relevant hereto, Defend- June 16, 1953 in Yazoo City, Mississippi. De- mark Place, Manasquan, New Jersey, 08736. ants were in the business of manufacturing, cedent Henry L. Cook and Plaintiff Earline 7. Defendant Robert Chinery, Jr. marketing, producing, formulating, selling Cook were married on January 21, 1985. (‘‘Chinery’’) is an individual residing in New and distributing Xenadrine RFA–1. 24. At the time of his death, decedent Jersey. At all times relevant hereto, Chinery Jurisdiction and Venue Henry L. Cook was employed with the was the founder, sole shareholder and a cor- 15. The matter in controversy significantly United States Army as a military police offi- porate officer of Cytodyne/Nutraquest. On in- exceeds, exclusive of interest and costs, the cer, having attained the rank of Sergeant formation and belief, prior to the formation sum of $75,000 and is properly before this Major. of Cytodyne/Nutraquest, Chinery created, de- Court. 25. Prior to his death, decedent Henry L. veloped, tested, manufactured, distributed 16. This Court has personal jurisdiction Cook was in good health and physical condi- and/or sold Xenadrine RFA–1 (under that over Cytodyne/Nutraquest pursuant to tion and regularly engaged in physical ac- name or a different name) individually. § 506.500 RSMo. because this cause of action tivities such as running, playing basketball Chinery personally had knowledge of and accrued in Missouri and arises our of (1) the and other exercise. Mr. Cook regularly knowingly participated in the actions of transaction of business within the State of worked out at the gym at work approxi- Cytodyne/Nutraquest giving rise to liability Missouri by Cytodyne/Nutraquest and its mately four times a week and regularly en- as set forth within this Complaint. Addition- employees; and (2) the commission of gaged in physical activities. ally, upon information and belief, Chinery tortious acts by Cytodyne/Nutraquest and its 26. Upon information and belief, at a point owns 100% of Cytodyne/Nutraquest’s stock employees within the State of Missouri. in time relatively shortly before his death, and Cytodyne/Nutraquest is so dominated by 17. This Court has personal jurisdiction decedent Henry L. Cook purchased Chinery that to avoid injustice the corporate over Chinery pursuant to § 506.500 RSMo. be- Xenadrine RFA–1 from Defendant GNC’s form of Cytodyne/Nutraquest should be dis- cause this cause of action accrued in Mis- store located in St. Joseph, Missouri. There- regarded and Chinery should be held person- souri and arises out of (1) the transaction of after, up to and including on the date of his ally and individually responsible for the ac- business within the State of Missouri by death, decedent Henry L. Cook regularly tions of Cytodyne/Nutraquest. Chinery through his alter ego—Cytodyne/ took the Xenadrine RFA–1 product in ac- 8. Defendant, Phoenix Laboratories, Inc. Nutraquest; and (2) the commission of tor- cordance with the recommended dosages (‘‘Phoenix’’) is a corporation organized and tuous acts by Chinery through his alter contained on the Xenadrine RFA–1 bottle. existing under the laws of the State of New ego—Cytodyne/Nutraquest within the State 27. On July 17, 2001, decedent Henry L. York. Phoenix’s principal place of business is of Missouri. Additionally, Chinery, as a cor- Cook ingested the recommended dosage of located at 140 Lauman Lane, Hicksville, New porate officer of Cytodyne/Nutraquest, know- Xenadrine RFA–1 product in St. Joseph, Mis- York, 11801. At all times relevant hereto, ingly participated in the actions and conduct souri. Phoenix was in the business of manufac- of Cytodyne/Nutraquest giving rise to the li- 28. At approximately 11:30–11:45 a.m. on turing, formulating, producing, marketing, ability set forth herein and therefore (1) July 17, 2001, decedent Henry L. Cook—while selling and distributing Xenadrine RFA–1. transacted business within the State of Mis- playing basketball at Ft. Leavenworth, Kan- 9. Defendant Phoenix is a foreign corpora- souri; and (2) committed tortuous acts with- sas—collapsed and was non-responsive. Mili- tion that is not registered or qualified to do in the State of Missouri. tary personnel on the scene immediately at- business in the State of Missouri. Phoenix 18. This Court has personal jurisdiction tempted to administer cardio pulmonary re- does not have a registered agent for service over Phoenix pursuant to § 506.500 RSMo. be- suscitation until emergency personnel ar- of process within the State of Missouri. De- cause this cause of action accrued in Mis- rived. Emergency personnel attempted elec- fendant Phoenix may be served through Mel souri and arises out of (1) the transaction of tronic shock treatment but were unable to L. Rich, its President and Chief Executive business within the State of Missouri by revive decedent Henry L. Cook. Henry L. Officer, at its principal place of business, 140 Phoenix and its employees; and (2) the com- Cook was immediately transported via am- Lauman Lane, Hicksville, New York 11801. mission of tortious acts by Phoenix and its bulance to the local hospital where he was 10. Defendant General Nutrition Center, employees within the State of Missouri. pronounced dead at 12:50 p.m. Inc. d/b/a GNC is a corporation organized and 19. This Court has personal jurisdiction 29. Because of the sudden and unexpected existing under the laws of the State of Penn- over GNC pursuant to § 506.500 RSMo. be- nature of decedent Henry L. Cook’s death,

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.042 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H979 the United States Army conducted an inves- Democrats called at the Committee on statement, I am not arguing this is un- tigation into decedent Henry L. Cook’s cause the Judiciary hearing was a man constitutional or even unprecedented, I of death. named John Banzhaf who said, ‘‘Some- think it is unfair and unnecessary in 30. During the investigation, military in- vestigators seized a bottle of Xenadrine where there is going to be a judge and this case. RFA–1. At the time of decedent Henry L. a jury that will buy this, and once we The CHAIRMAN pro tempore (Mr. Cook’s death, the bottle of Xenadrine RFA– get the first verdict, as we did with to- BASS). The question is on the amend- 1 had 52 of the original 120 pills remaining in bacco, it will open the floodgates.’’ So ment offered by the gentleman from the bottle. it does away with that incentive that North Carolina (Mr. WATT). 31. An autopsy was performed on decedent clearly they want. The question was taken; and the Henry L. Cook on July 18, 2001. Second, the Supreme Court has held 32. Toxicology reports from the autopsy re- Chairman pro tempore announced that vealed ephedrine and pseudoephedrine in the that Congress can impose rules retro- the noes appeared to have it. heart blood (respectively 140 ng/ml and 47.1 actively if it does so pursuant to an Mr. WATT. Mr. Chairman, I demand ng/ml). economic policy. The Pension Benefit a recorded vote. 33. Toxicology reports from the autopsy Guaranty Corporation v. R.A. Gray is The CHAIRMAN pro tempore. Pursu- also revealed ephedrine and pseudoephedrine one example. Clearly a bill that aims ant to clause 6 of rule XVIII, further in the femoral blood (respectively 46.6 ng/ml to save the food industry from poten- proceedings on the amendment offered and 18.5 ng/ml). tially bankrupting litigation like that 34. The autopsy results support the conclu- by the gentleman from North Carolina sion that the ephedrine contained in the of the tobacco industry is pursuant to (Mr. WATT) will be postponed. Xenadrine RFA–1 ingested by decedent a national economic policy, especially SEQUENTIAL VOTES POSTPONED IN COMMITTEE Henry L. Cook prior to his death caused or since it is the largest private sector OF THE WHOLE contributed to cause decedent Henry L. employer in the country. The CHAIRMAN pro tempore. Pursu- Cook’s death. Third, this exact same language ap- 35. As a direct and proximate result of de- ant to clause 6 of rule XVIII, pro- peared in H.R. 1036, the Protection of ceedings will now resume on those fendants’ acts and omissions, plaintiff’s de- Lawful Commerce and Arms Act, which cedent Henry L. Cook was caused to suffer amendments on which further pro- injuries and death. Plaintiff has been caused enjoyed wide bipartisan support in this ceedings were postponed in the fol- to suffer damages in the past from the loss of House and received 285 votes. I know lowing order: Amendment No. 10 of- her husband, and will continue to experience the gentleman from North Carolina fered by the gentlewoman from Texas this loss in the future. Upon the trial of this (Mr. WATT) is going to say yes, but (Ms. JACKSON-LEE); and amendment case, Plaintiff will request the Jury to deter- that bill was defeated in the Senate. No. 8 offered by the gentleman from mine fair compensation for the amount of Fair enough, it was defeated in the loss which Plaintiff and others have incurred North Carolina (Mr. WATT). Senate, but it was because gun control The first electronic vote will be con- in the past and will likely incur in the future measures were added to it. There were as a result of the wrongful death of Henry L. ducted as a 15-minute vote. The re- Cook. no changes to this particular provision. maining electronic vote will be con- It has enjoyed broad bipartisan support Xenadrine RFA–1 and Defendants’ Knowledge ducted as a 5-minute vote. in the past. I urge my colleagues to Concerning its Dangerous Propensities AMENDMENT NO. 10 OFFERED BY MS. JACKSON- vote no on the Watt amendment. 36. Xenadrine RFA–1 is an ephedra-con- LEE of texas Mr. SCOTT of Virginia. Mr. Speaker, taining dietary supplement/herbal product. The CHAIRMAN pro tempore. The I move to strike the requisite number 37. In addition to ephedra, Xenadrine RFA– pending business is the demand for a 1 contains other constituent ‘‘herbal’’ prod- of words. ucts that increase and potentiate the effects Mr. Chairman, just because we made recorded vote on the amendment of- of ephedrine. Likewise, Xenadrine RFA–1 something retroactive in the past does fered by the gentlewoman from Texas contains ephedrine alkaloids other than not make it a good idea. It is a bad idea (Ms. JACKSON-LEE) on which further ephedine. to pass legislation that retroactively proceedings were postponed and on 38. Defendants did manufacture, design, which the noes prevailed by voice vote. formulate, produce, package, market, sell affects pending lawsuits. Mr. WATT. Mr. Chairman, will the The Clerk will redesignate the and/or distribute Xenadrine RFA–1. amendment. Mr. KELLER. Mr. Chairman, I move gentleman yield? The Clerk redesignated the amend- to strike the requisite number of Mr. SCOTT of Virginia. I yield to the ment. words. gentleman from North Carolina. Mr. Chairman, I am asking my col- Mr. WATT. Mr. Chairman, I just RECORDED VOTE leagues to vote no on the Watt amend- want to briefly make it clear that my The CHAIRMAN pro tempore. A re- ment dealing with the pending law- colleagues are trying to make it appear corded vote has been demanded. suits. that this is a customary practice of A recorded vote was ordered. This amendment was raised at the ours. It really is a rare thing to make The vote was taken by electronic de- Committee on the Judiciary. The gen- a piece of legislation retroactive, and vice, and there were—ayes 166, noes 250, tleman made similar, consistent argu- even rarer to make it retroactive to not voting 17, as follows: ments, and it was shot down at the pending lawsuits that have already [Roll No. 52] time. been filed. AYES—166 I would like to give three reasons I have got a whole list of things that Abercrombie Conyers Grijalva why my colleagues should vote no. we have filed that one could argue Ackerman Crowley Gutierrez First of all, there is a good policy rea- might be better candidates for retro- Allen Cummings Hastings (FL) son to vote no. Second, the Supreme active application than this particular Andrews Davis (AL) Hill Baca Davis (CA) Hinchey Court will uphold this; and third, we piece of legislation that our own com- Baldwin DeFazio Hoeffel have done similar language before in mittee has passed out. And to hang our Ballance DeGette Holt other bipartisan bills. hats on something that the Senate did Becerra Delahunt Honda First, with respect to the reason of not even think was worthy of passing Berman DeLauro Hooley (OR) Berry Deutsch Hoyer policy, if such an amendment were on to the President is a real stretch. Bishop (GA) Dicks Inslee passed, all that would happen is we I am going to resist the temptation Bishop (NY) Dingell Israel would have hundreds if not more cases to start reading the bills that the Com- Blumenauer Doggett Jackson (IL) filed before the date of enactment, and mittee on the Judiciary has passed Boswell Dooley (CA) Jackson-Lee Brady (PA) Doyle (TX) we know that after this bill passes without retroactivity but things like Brown (OH) Emanuel Jefferson today, it has to pass the other body the Bill Emerson Good Samaritan Food Brown, Corrine Engel Johnson, E. B. where we have Senator MCCONNELL as Donation Act, which limited the liabil- Capps Eshoo Jones (OH) Capuano Etheridge Kanjorski the chief sponsor, so there would be a ity of those who donate food to a char- Cardin Evans Kaptur time frame where there would be an in- ity, we did not even make that retro- Carson (IN) Farr Kennedy (RI) centive to find the right jury and the active in its application. Carson (OK) Fattah Kildee right judge. There are a bunch of things that we Case Filner Kilpatrick Chandler Frost Kind We have an idea that is sort of their passed, and I am the first to concede, Clay Gonzalez Kleczka game plan because the one witness the as the chairman acknowledged in his Clyburn Green (TX) Lampson

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.045 H10PT1 H980 CONGRESSIONAL RECORD — HOUSE March 10, 2004 Langevin Moran (VA) Serrano Ros-Lehtinen Simpson Tiberi Kanjorski Millender- Sanders Lantos Murtha Sherman Royce Smith (MI) Toomey Kaptur McDonald Sandlin Larson (CT) Nadler Skelton Ruppersberger Smith (NJ) Turner (OH) Kennedy (RI) Miller (NC) Schakowsky Leach Napolitano Slaughter Ryan (OH) Smith (TX) Upton Kildee Miller, George Schiff Lee Neal (MA) Smith (WA) Ryan (WI) Souder Vitter Kilpatrick Mollohan Scott (VA) Levin Oberstar Snyder Ryun (KS) Stearns Walden (OR) Kleczka Moore Serrano Lewis (GA) Obey Solis Saxton Stenholm Walsh Lampson Murtha Sherman Lofgren Olver Spratt Schrock Sullivan Wamp Lantos Nadler Skelton Scott (GA) Sweeney Lowey Ortiz Stark Weldon (FL) Larson (CT) Napolitano Slaughter Majette Owens Sensenbrenner Tancredo Neal (MA) Snyder Strickland Weldon (PA) Lee Maloney Pallone Sessions Tanner Oberstar Solis Stupak Weller Levin Markey Pascrell Shadegg Taylor (MS) Obey Spratt Tauscher Lewis (GA) Marshall Pastor Shaw Taylor (NC) Whitfield Olver Stark Lipinski Matsui Payne Thompson (MS) Shays Terry Wilson (NM) Ortiz Strickland Lofgren McCarthy (MO) Price (NC) Tierney Sherwood Thomas Wilson (SC) Owens Stupak Lowey McCarthy (NY) Rahall Towns Shimkus Thompson (CA) Wolf Pallone Tauscher McCollum Rangel Turner (TX) Shuster Thornberry Young (AK) Majette Pascrell Thompson (CA) McDermott Reyes Udall (NM) Simmons Tiahrt Young (FL) Maloney Pastor Thompson (MS) McGovern Ross Van Hollen Markey Payne Tierney McIntyre Rothman Vela´ zquez NOT VOTING—17 Marshall Price (NC) Towns McNulty Roybal-Allard Visclosky Bell Gibbons Pelosi Matsui Rahall Turner (TX) Meehan Rush Waters Berkley Goss Rodriguez McCarthy (MO) Rangel Udall (NM) McCarthy (NY) Meek (FL) Sabo Watson Cardoza Harman Tauzin Reyes Van Hollen McCollum Meeks (NY) Sa´ nchez, Linda Watt Davis (IL) Hinojosa Udall (CO) Ross Vela´ zquez McDermott Michaud T. Waxman Frank (MA) Kucinich Wicker Rothman Visclosky McGovern Millender- Sanchez, Loretta Weiner Gephardt Miller (FL) Roybal-Allard Waters McIntyre McDonald Sanders Wexler Rush Watson Miller (NC) ANNOUNCEMENT BY THE CHAIRMAN PRO McNulty Sandlin Woolsey Ryan (OH) Watt Miller, George Schakowsky TEMPORE Meehan Sabo Waxman Wu Mollohan Schiff Meek (FL) Sa´ nchez, Linda Weiner Wynn The CHAIRMAN pro tempore (Mr. Moore Scott (VA) Meeks (NY) T. Wexler BASS) (during the vote). Members are Menendez Sanchez, Loretta Woolsey NOES—250 advised there are 2 minutes remaining NOES—249 Aderholt Doolittle Knollenberg in this vote. Akin Dreier Kolbe Aderholt Dreier LaHood Alexander Duncan LaHood b 1738 Akin Duncan Langevin Bachus Dunn Larsen (WA) Alexander Dunn Larsen (WA) Baird Edwards Latham Mr. YOUNG of Alaska and Mr. Bachus Edwards Latham Baker Ehlers LaTourette BLUNT changed their vote from ‘‘aye’’ Baird Ehlers LaTourette Ballenger Emerson Lewis (CA) to ‘‘no.’’ Baker Emerson Leach Barrett (SC) English Lewis (KY) Ballenger English Lewis (CA) Bartlett (MD) Everett Linder So the amendment was rejected. Barrett (SC) Everett Lewis (KY) Barton (TX) Feeney Lipinski The result of the vote was announced Bartlett (MD) Feeney Linder Bass Ferguson LoBiondo as above recorded. Barton (TX) Ferguson LoBiondo Beauprez Flake Lucas (KY) Bass Flake Lucas (KY) Bereuter Foley Lucas (OK) AMENDMENT NO. 8 OFFERED BY MR. WATT Beauprez Foley Lucas (OK) Biggert Forbes Lynch The CHAIRMAN pro tempore. The Bereuter Forbes Lynch Bilirakis Ford Manzullo pending business is the demand for a Biggert Fossella Manzullo Bishop (UT) Fossella Matheson Bilirakis Franks (AZ) Matheson Blackburn Franks (AZ) McCotter recorded vote on the amendment of- Bishop (UT) Frelinghuysen McCotter Blunt Frelinghuysen McCrery fered by the gentleman from North Blackburn Gallegly McCrery Boehlert Gallegly McHugh Carolina (Mr. WATT) on which further Blunt Garrett (NJ) McHugh Boehner Garrett (NJ) McInnis proceedings were postponed and on Boehlert Gerlach McInnis Bonilla Gerlach McKeon Boehner Gilchrest McKeon Bonner Gilchrest Menendez which the noes prevailed by voice vote. Bonilla Gillmor Mica Bono Gillmor Mica The Clerk will redesignate the Bonner Gingrey Michaud Boozman Gingrey Miller (MI) amendment. Boozman Goode Miller (MI) Boucher Goode Miller, Gary Boucher Goodlatte Miller, Gary Boyd Goodlatte Moran (KS) The Clerk redesignated the amend- Bradley (NH) Gordon Moran (KS) Bradley (NH) Gordon Murphy ment. Brady (TX) Granger Moran (VA) Brady (TX) Granger Musgrave RECORDED VOTE Brown (SC) Graves Murphy Brown (SC) Graves Myrick Brown-Waite, Green (WI) Musgrave Brown-Waite, Green (WI) Nethercutt The CHAIRMAN pro tempore. A re- Ginny Greenwood Myrick Ginny Greenwood Neugebauer corded vote has been demanded. Burgess Gutknecht Nethercutt Burgess Gutknecht Ney A recorded vote was ordered. Burns Hall Neugebauer Burns Hall Northup Burr Harris Ney Burr Harris Norwood The CHAIRMAN pro tempore. This Burton (IN) Hart Northup Burton (IN) Hart Nunes will be a 5-minute vote. Buyer Hastings (WA) Norwood Buyer Hastings (WA) Nussle The vote was taken by electronic de- Calvert Hayes Nunes Calvert Hayes Osborne vice, and there were—ayes 164, noes 249, Camp Hayworth Nussle Camp Hayworth Ose Cannon Hefley Osborne Cannon Hefley Otter not voting 20, as follows: Cantor Hensarling Ose Cantor Hensarling Oxley [Roll No. 53] Capito Herger Otter Capito Herger Paul Carter Hobson Oxley Carter Hobson Pearce AYES—164 Castle Hoekstra Paul Castle Hoekstra Pence Abercrombie Chandler Fattah Chabot Holden Pearce Chabot Holden Peterson (MN) Ackerman Clay Filner Chocola Hostettler Pence Chocola Hostettler Peterson (PA) Allen Clyburn Ford Cole Houghton Peterson (MN) Coble Houghton Petri Andrews Coble Frost Collins Hulshof Peterson (PA) Cole Hulshof Pickering Baca Conyers Gonzalez Cooper Hyde Petri Collins Hunter Pitts Baldwin Costello Green (TX) Cox Isakson Pickering Cooper Hyde Platts Ballance Crowley Grijalva Cramer Issa Pitts Costello Isakson Pombo Becerra Cummings Gutierrez Crane Jenkins Platts Cox Issa Pomeroy Berman Davis (AL) Hastings (FL) Crenshaw John Pombo Cramer Istook Porter Berry Davis (CA) Hill Cubin Johnson (CT) Pomeroy Crane Jenkins Portman Bishop (GA) Davis (FL) Hinchey Culberson Johnson (IL) Porter Crenshaw John Pryce (OH) Bishop (NY) DeGette Hoeffel Cunningham Johnson, Sam Portman Cubin Johnson (CT) Putnam Blumenauer Delahunt Holt Davis (TN) Jones (NC) Pryce (OH) Culberson Johnson (IL) Quinn Boswell DeLauro Honda Davis, Jo Ann Keller Putnam Cunningham Johnson, Sam Radanovich Boyd Deutsch Hooley (OR) Davis, Tom Kelly Quinn Davis (FL) Jones (NC) Ramstad Brady (PA) Dingell Hoyer Deal (GA) Kennedy (MN) Radanovich Davis (TN) Keller Regula Brown (OH) Doggett Inslee DeFazio Kind Ramstad Davis, Jo Ann Kelly Rehberg Brown, Corrine Doyle Israel DeLay King (IA) Regula Davis, Tom Kennedy (MN) Renzi Capps Emanuel Jackson (IL) DeMint King (NY) Rehberg Deal (GA) King (IA) Reynolds Capuano Engel Jackson-Lee Diaz-Balart, L. Kingston Renzi DeLay King (NY) Rogers (AL) Cardin Eshoo (TX) Diaz-Balart, M. Kirk Reynolds DeMint Kingston Rogers (KY) Carson (IN) Etheridge Jefferson Dicks Kline Rogers (AL) Diaz-Balart, L. Kirk Rogers (MI) Carson (OK) Evans Johnson, E. B. Dooley (CA) Knollenberg Rogers (KY) Diaz-Balart, M. Kline Rohrabacher Case Farr Jones (OH) Doolittle Kolbe Rogers (MI)

VerDate jul 14 2003 02:07 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.051 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H981 Rohrabacher Smith (MI) Turner (OH) The question was taken; and the Sweeney Tiberi Weller Ros-Lehtinen Smith (NJ) Upton Speaker pro tempore announced that Tancredo Toomey Whitfield Royce Smith (TX) Vitter Tanner Turner (OH) Wilson (NM) Ruppersberger Smith (WA) Walden (OR) the ayes appeared to have it. Tauscher Turner (TX) Wilson (SC) Ryan (WI) Souder Walsh Mr. SENSENBRENNER. Mr. Speak- Taylor (MS) Upton Wolf Ryun (KS) Stearns Wamp er, on that I demand the yeas and nays. Taylor (NC) Vitter Wu Saxton Stenholm Terry Walden (OR) Weldon (FL) The yeas and nays were ordered. Wynn Schrock Sullivan Weldon (PA) Thomas Walsh Young (AK) Scott (GA) Sweeney Thompson (CA) Wamp Weller The SPEAKER pro tempore. This Young (FL) Sensenbrenner Tancredo Thornberry Weldon (FL) Whitfield will be a 15-minute vote. Sessions Tanner Tiahrt Weldon (PA) Wilson (NM) Shadegg Taylor (MS) The vote was taken by electronic de- Shaw Taylor (NC) Wilson (SC) vice, and there were—yeas 276, nays NAYS—139 Wolf Shays Terry Abercrombie Hoeffel Olver Wu 139, not voting 18, as follows: Sherwood Thomas Ackerman Holt Ortiz Wynn Shimkus Thornberry [Roll No. 54] Allen Honda Owens Young (AK) Shuster Tiahrt YEAS—276 Andrews Hoyer Pallone Simmons Tiberi Young (FL) Baca Inslee Aderholt Pascrell Simpson Toomey Ferguson McHugh Baldwin Israel Akin Pastor Flake McInnis Ballance Jackson (IL) NOT VOTING—20 Alexander Paul Foley McIntyre Becerra Jackson-Lee Bachus Payne Bell Gibbons Miller (FL) Forbes McKeon Berman (TX) Baird Ford McNulty Price (NC) Berkley Goss Pelosi Bishop (NY) Jefferson Baker Fossella Menendez Rahall Bono Harman Rodriguez Blumenauer Johnson, E. B. Ballenger Franks (AZ) Mica Rangel Cardoza Hinojosa Tauzin Boswell Jones (OH) Barrett (SC) Davis (IL) Hunter Frelinghuysen Michaud Brady (PA) Kanjorski Reyes Udall (CO) Bartlett (MD) Frank (MA) Istook Gallegly Miller (MI) Brown (OH) Kaptur Rothman Wicker Barton (TX) Gephardt Kucinich Garrett (NJ) Miller, Gary Brown, Corrine Kennedy (RI) Roybal-Allard Bass Gerlach Moore Capps Kildee Rush Beauprez ANNOUNCEMENT BY THE CHAIRMAN PRO Gilchrest Moran (KS) Capuano Kilpatrick Ryan (OH) Bereuter TEMPORE Gillmor Moran (VA) Cardin Kleczka Sabo Berry Gingrey Murphy Case Lantos Sa´ nchez, Linda The CHAIRMAN pro tempore (during Biggert Goode Musgrave Chandler Lee T. the vote). Members are advised there Bilirakis Goodlatte Myrick Clay Levin Sanchez, Loretta Bishop (GA) are 2 minutes remaining in this vote. Gordon Nethercutt Clyburn Lewis (GA) Sanders Bishop (UT) Granger Neugebauer Conyers Lipinski Schakowsky b 1745 Blackburn Graves Ney Costello Lofgren Schiff Blunt Green (TX) Northup Crowley Lowey Scott (VA) So the amendment was rejected. Boehlert Green (WI) Norwood Cummings Majette Serrano The result of the vote was announced Boehner Greenwood Nunes Davis (CA) Maloney Bonilla Sherman as above recorded. Gutknecht Nussle Davis (FL) Markey Bonner Slaughter The CHAIRMAN pro tempore. The Hall Osborne DeGette Matsui Bono Snyder Harris Ose Delahunt McCarthy (MO) question is on the committee amend- Boozman Solis Hart Otter DeLauro McCarthy (NY) Boucher Stark ment in the nature of a substitute, as Hastings (WA) Oxley Deutsch McCollum Boyd Strickland amended. Hayes Pearce Dingell McDermott Bradley (NH) Stupak The committee amendment in the Hayworth Pence Doggett McGovern Brady (TX) Thompson (MS) Hefley Peterson (MN) Emanuel Meehan nature of a substitute, as amended, was Brown (SC) Tierney Hensarling Peterson (PA) Engel Meek (FL) Brown-Waite, Towns agreed to. Herger Petri Eshoo Meeks (NY) Ginny The CHAIRMAN pro tempore. Under Hill Pickering Etheridge Millender- Udall (NM) Burgess Hobson Pitts Evans McDonald Van Hollen the rule, the Committee rises. Burns ´ Hoekstra Platts Farr Miller (NC) Velazquez Accordingly, the Committee rose; Burr Holden Pombo Fattah Miller, George Visclosky Burton (IN) and the Speaker pro tempore (Mr. Hooley (OR) Pomeroy Filner Mollohan Waters Buyer SIMPSON) having assumed the chair, Hostettler Porter Frost Murtha Watson Calvert Houghton Portman Gonzalez Nadler Watt Mr. BASS, Chairman pro tempore of the Camp Hulshof Pryce (OH) Grijalva Napolitano Waxman Cannon Committee of the Whole House on the Hunter Putnam Gutierrez Neal (MA) Weiner Cantor State of the Union, reported that that Hyde Quinn Hastings (FL) Oberstar Wexler Capito Isakson Radanovich Hinchey Obey Woolsey Committee, having had under consider- Carson (OK) Issa Ramstad ation the bill (H.R. 339) to prevent friv- Carter Istook Regula NOT VOTING—18 Castle Jenkins Rehberg olous lawsuits against the manufactur- Bell Gephardt Miller (FL) Chabot John Renzi ers, distributors, or sellers of food or Berkley Gibbons Pelosi Chocola Johnson (CT) Reynolds Cardoza Goss Rodriguez non-alcoholic beverage products that Coble Johnson (IL) Rogers (AL) Carson (IN) Harman Tauzin comply with applicable statutory and Cole Johnson, Sam Rogers (KY) Davis (IL) Hinojosa Udall (CO) Collins Jones (NC) Rogers (MI) regulatory requirements, pursuant to Frank (MA) Kucinich Wicker House Resolution 552, he reported the Cooper Keller Rohrabacher Cox Kelly Ros-Lehtinen ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill back to the House with an amend- Cramer Kennedy (MN) Ross ment adopted by the Committee of the Crane Kind Royce The SPEAKER pro tempore (Mr. Whole. Crenshaw King (IA) Ruppersberger SIMPSON) (during the vote). Members Cubin King (NY) Ryan (WI) are advised that there are 2 minutes re- The SPEAKER pro tempore. Under Culberson Kingston Ryun (KS) the rule, the previous question is or- Cunningham Kirk Sandlin maining in this vote. dered. Davis (AL) Kline Saxton Davis (TN) Knollenberg Schrock b 1803 Is a separate vote demanded on the Davis, Jo Ann Kolbe Scott (GA) amendment to the committee amend- Davis, Tom LaHood Sensenbrenner So the bill was passed. ment in the nature of a substitute Deal (GA) Lampson Sessions The result of the vote was announced adopted by the Committee of the DeFazio Langevin Shadegg as above recorded. DeLay Larsen (WA) Shaw Whole? If not, the question is on the DeMint Larson (CT) Shays The title of the bill was amended so committee amendment in the nature of Diaz-Balart, L. Latham Sherwood as to read: ‘‘A bill to prevent legisla- a substitute. Diaz-Balart, M. LaTourette Shimkus tive and regulatory functions from The committee amendment in the Dicks Leach Shuster being usurped by civil liability actions Dooley (CA) Lewis (CA) Simmons nature of a substitute was agreed to. Doolittle Lewis (KY) Simpson brought or continued against food The SPEAKER pro tempore. The Doyle Linder Skelton manufacturers, marketers, distribu- question is on the engrossment and Dreier LoBiondo Smith (MI) tors, advertisers, sellers, and trade as- Duncan Lucas (KY) Smith (NJ) third reading of the bill. Dunn Lucas (OK) Smith (TX) sociations for claims of injury relating The bill was ordered to be engrossed Edwards Lynch Smith (WA) to a person’s weight gain, obesity, or and read a third time, and was read the Ehlers Manzullo Souder any health condition associated with third time. Emerson Marshall Spratt weight gain or obesity.’’. English Matheson Stearns The SPEAKER pro tempore. The Everett McCotter Stenholm A motion to reconsider was laid on question is on the passage of the bill. Feeney McCrery Sullivan the table.

VerDate jul 14 2003 02:16 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.052 H10PT1 H982 CONGRESSIONAL RECORD — HOUSE March 10, 2004 PERSONAL EXPLANATION Whereas on January 26, 1950, India adopted from South Carolina (Mr. WILSON), the its Constitution, which formalized India as a distinguished head of the Indian Cau- Mr. CONYERS. Mr. Speaker, I was unavoid- parliamentary democracy; ably absent during some of the votes on cus, and our colleague on the Com- Whereas the celebration of India’s Repub- mittee on International Relations, the amendments to H.R. 339, the ‘‘Personal Re- lic Day on January 26th is the second most sponsibility in Food Consumption Act.’’ I would important national holiday after Independ- gentleman from New York (Mr. CROW- like the Record to reflect that, had I been ence Day; LEY). It was considered and adopted present, I would have voted in the following Whereas the framers of India’s Constitu- without amendment by the committee manner: tion were greatly influenced by the Amer- on February 25. ican Founding Fathers James Madison, Alex- Watt No. 6/ Scott (exempt state agency ac- As Members are aware, in recent ander Hamilton, and John Adams; years the relationship between the tions to enforce state consumer protection Whereas among the rights and freedoms laws concerning mislabeling or other unfair United States and India has been fun- provided to the people of India under its Con- damentally transformed in exception- and deceptive trade practices): ‘‘Yes.’’ stitution is universal suffrage for all men ally positive ways. Thankfully, the Watt No. 7 (preserve the right of state and women over the age of eighteen; courts to hear cases brought under state law): Whereas India’s Constitution adopted the time has long since passed when it ‘‘Yes.’’ American ideals of equality for all citizens, could be said that India and America Andrews No. 2 (exempt manufacturers of regardless of faith, gender, or ethnicity; are democracies estranged. Instead, in Whereas the basic freedoms we cherish in genetically modified foods that do not disclose recognition both of the end of the Cold America such as the freedom of speech, free- War and India’s embrace of market ec- that the food is genetically modified from the dom of association, and freedom of religion legal immunity provided in the bill): ‘‘Yes.’’ onomics, our two great countries have are also recognized in India; not only rediscovered each other but Ackerman No. 1 (exempt manufacturers and Whereas Mohandas Mahatma Gandhi is developed a remarkable degree of sellers of foods that have not taken steps to recognized around the world as the father of prevent meat from being tainted with mad cow India’s nonviolent struggle for independence; amity and rapport. The United States/India political re- disease from the legal immunity provided in Whereas people of many faiths, including lationship is rapidly maturing. We are the bill): ‘‘Yes.’’ Hindus, Muslims, Sikhs, and Christians, were united in securing India’s freedom from colo- having regular meetings at the highest f nial rule and have all served in various ca- levels of government. At the summit in ELECTION OF MEMBERS TO COM- pacities in high-ranking government posi- Washington in November 2001, Presi- tions; MITTEE ON GOVERNMENT RE- dent Bush and Prime Minister Whereas the Republic of India has faith- Vajpayee articulated their vision of the FORM fully adhered to the principles of democracy relationship our countries should Mr. LEACH. Mr. Speaker, I offer a by continuing to hold elections on a regular enjoy. The prime minister insightfully resolution (H. Res. 553) and I ask unan- basis on the local, regional, and national lev- described it as a natural partnership. imous consent for its immediate con- els; Whereas the people of the United States Our deepening government-to-gov- sideration. and the Republic of India have a common ernment relationship is complemented The SPEAKER pro tempore. The bond of shared values and a strong commit- by a rich mosaic of expanding people- Clerk will report the resolution. ment to democratic principles; and to-people ties. In many ways, the more The Clerk read as follows: Whereas President George W. Bush and than 2 million in the H. RES. 553 Prime Minister Atal Bihari Vajpayee are elected leaders of the world’s two largest de- United States have become a living Resolved, That the following Members be mocracies and are actively cultivating bridge between our two great democ- and are hereby elected to the following strong ties between the United States and racies, bringing together our two peo- standing committee of the House of Rep- India: Now, therefore, be it ples, as well as greatly enlarging the resentatives: Resolved by the House of Representatives (the Committee on Government Reform: Mr. United States’ understanding of India Senate concurring), That Congress— Tiberi and Ms. Harris. and Indian understanding of the United (1) commends India on its celebration of The SPEAKER pro tempore. Is there States. Republic Day; and In short, this timely resolution ap- objection to the request of the gen- (2) reiterates its support for continued propriately honors the world’s largest tleman from Iowa? strong relations between the United States democracy, a country with which the There was no objection. and India. United States is enjoying increasingly The resolution was agreed to. The SPEAKER pro tempore (Mrs. warm ties and a people for whom A motion to reconsider was laid on MILLER of Michigan). Pursuant to the Americans have a great and enduring the table. rule, the gentleman from Iowa (Mr. affection. LEACH) and the gentleman from Cali- f I urge the adoption of this resolution. fornia (Mr. LANTOS) each will control Madam Speaker, I reserve the bal- ANNOUNCEMENT BY THE SPEAKER 20 minutes. PRO TEMPORE ance of my time. The Chair recognizes the gentleman Mr. LANTOS. Madam Speaker, I The SPEAKER pro tempore. Pursu- from Iowa (Mr. LEACH). yield myself such time as I may con- ant to clause 8 of rule XX, the Chair GENERAL LEAVE sume. will postpone further proceedings Mr. LEACH. Madam Speaker, I ask I rise in strong support of this resolu- today on additional motions to suspend unanimous consent that all Members tion. the rules on which a record vote or the may have 5 legislative days within Madam Speaker, I first would like to yeas and nays are ordered or on which which to revise and extend their re- commend the chairman of our com- a vote is objected to under clause 6 of marks and include extraneous material mittee, the gentleman from Illinois rule XX. on H. Con. Res. 15. (Mr. HYDE), for moving forward with Record votes on postponed questions The SPEAKER pro tempore. Is there this legislation so expeditiously. will be taken tomorrow. objection to the request of the gen- This important resolution commends f tleman from Iowa? India on its celebration of Republic There was no objection. Day which occurs on January 26. While COMMENDING INDIA ON ITS Mr. LEACH. Madam Speaker, I yield we may be a few weeks late in com- CELEBRATION OF REPUBLIC DAY myself such time as I may consume. memorating this important event, our Mr. LEACH. Madam Speaker, I move Madam Speaker, I rise in support of enthusiasm for reaffirming the strong to suspend the rules and agree to the House Concurrent Resolution 15, a and unbreakable ties between the concurrent resolution (H. Con. Res. 15) measure commending India on its Re- United States and India remain strong. commending India on its celebration of public Day and reiterating congres- Madam Speaker, a new chapter in the Republic Day. sional support for continued strong re- bilateral relationship between the The Clerk read as follows: lations between India and the United United States and India was opened H. CON. RES. 15 States. with President Clinton’s historic visit Whereas the Republic of India is the This thoughtful concurrent resolu- to India 4 years ago. President Clinton world’s largest democracy; tion was introduced by the gentleman and Prime Minister Vajpayee broke

VerDate jul 14 2003 02:16 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.054 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H983 decades of ice which covered our rela- resolution which praises India’s firm on East Asia and the Pacific, and the tionship and ushered in a new and un- commitment to democratic principles. gentleman from Illinois (Mr. HYDE), precedented form of cooperation be- On January 26, 1950, after a long chairman of the Committee on Inter- tween our two great democratic na- struggle for freedom led by Mahatma national Relations, for allowing the tions. Gandhi, India began its formal exist- committee to consider and pass this The most dramatic demonstration of ence as a parliamentary democracy. historic and important resolution. I our new friendship with India was In- Republic Day is the second most im- urge my colleagues to support House dia’s immediate offer of full coopera- portant national holiday in India after Concurrent Resolution 15. tion in the war on terrorism after the Independence Day, which is celebrated Mr. LANTOS. Madam Speaker, I September 11 tragedy and its willing- on August 15. yield 3 minutes to the distinguished ness to allow the use of Indian bases India modelled its constitution after gentleman from New York (Mr. ENGEL), for counterterrorism operations. But in America’s and both our nations believe an important member of the House so many other ways, the tenor and that the freedoms enshrined in the con- Committee on International Relations. tempo of our bilateral cooperation has stitution are universal for all human Mr. ENGEL. Madam Speaker, I thank continued to improve remarkably over beings. the gentleman for yielding me time. the past 4 years. Security cooperation India’s national elections occur next I rise in strong support of H. Con. between the United States and India month, a historic occasion with more Res. 15, which commends India on its has increased significantly, with the than the 600 million that voted in the celebration of Republic Day and reiter- United States providing funds for mili- last election expected to vote next ates its support for continued strong tary assistance, counternarcotics aid, month. The last national elections in relations between the United States and other forms of military training. 1999 had the largest voter participation and India. We are working with the Indian gov- of any election in world history. My colleagues have all talked about ernment to rationalize India’s economy India’s creation and adherence to a the importance of this relationship. I to promote American investment in national constitution can serve as an for many years in the Congress have al- India and to accelerate India’s eco- example to newly liberated countries ways tried to stress this relationship. I nomic growth. like Iraq of how much can be gained by am pleased to say that I was one of the We are also working closely with the creating a constitution supported by founding original members of the In- Indian government to tackle the spread the people and respected by democratic dian Caucus and have remained a mem- of HIV/AIDS. As the executive branch institutions. ber of the Indian Caucus. And as it was moves forward with the implementa- India’s struggles and success can be a pointed out, it is the largest caucus tions of the Global HIV/AIDS bill ap- source of inspiration to the people of here on Capitol Hill, and with good rea- proved by us last year, it is critically Iraq. Since independence, India has son. As my colleagues have mentioned, important that funding for India be in- struggled with high poverty and illit- India and the United States share com- creased. In short, Madam Speaker, the eracy rates, maintained a socialist mon values: the oldest democracy, the United States and India are developing economy, endured numerous conflicts United States; and the biggest democ- close partnerships on key security, po- with , and sometimes even ex- racy, India. litical and humanitarian matters, part- perienced internal conflicts between b 1815 nerships that will further strengthen various religious and ethnic groups in the already close ties between our two India. Yet India has risen to the chal- It is not easy to be a democracy for great nations. But there is no stronger lenge every time, showing the rest of as many years as we have been a de- relationship between the United States the world that a nation of more than a mocracy and for the people of India and India than our shared commitment billion people can consistently adhere who have struggled to be a democracy. to democracy and civil society. We are to elections at the local, state, and na- So we have shared values and shared truly natural allies. tional levels and overcome challenges concerns. We have many, many Indian We must also be mindful at all times in its path. Americans in this country, and we cel- of the enormous strides taken by India has dramatically reduced its ebrate our Indian American friends and Prime Minister Vajpayee towards poverty and illiteracy rates and re- what they have added to the United peace with Pakistan. Time and again it cently opened its economy to the States of America, and that also solidi- has been India that has reached out to world, experiencing nearly an 8 percent fies the ties between India and the its neighbor in the cause of peace. I fer- economic growth during the last fiscal United States. vently hope that this time the discus- year. India and Pakistan have begun a I had the pleasure of visiting India a sions between the two nations will fi- composite dialogue with the prospect few years ago, and I was amazed by the nally bear fruit. India is the world’s of a negotiated agreement to the Kash- warmth I felt by the people who want- largest democracy with almost a bil- mir dispute on the horizon. And India ed to be close to Americans. During the lion people. Its democratic form of gov- continues to make improvements to its days of the Cold War sometimes the ernment rests solidly on the Indian economic infrastructure, judicial sys- ties between India and the United constitution. So as we commemorate tem, and electoral process to ensure States were strained. It never made the day that India formally adopted its that the freedoms outlined in the con- any sense to me, but since the end of constitution, we celebrate the strength stitution are truly protected for all of the Cold War, we have moved very of India’s democracy, the vitality of India’s people. India is most deserving closely together to ensure that the ties the Indian people and U.S.-Indian of today’s congressional recognition of between India and the United States friendship. I urge all of my colleagues this faithful adherence to democracy are strong, remain strong and continue to support H. Con. Res. 15. for more than 50 years. to get strong year by year. Madam Speaker, I reserve the bal- America and India have entered into It certainly makes a lot of sense. In- ance of my time. a new era of friendship with victory in dia’s a strategic partner of the United Mr. LEACH. Madam Speaker, I yield the Cold War. India as the world’s larg- States. India has the same concerns as 5 minutes to the gentleman from South est democracy and America as the the United States, fighting terrorism Carolina (Mr. WILSON), the chairman of world’s oldest democracy are realizing on its borders and inside its country. the India Caucus. more every day that we have shared India stands with the United States as Mr. WILSON of South Carolina. values. a strong fighter in the war against ter- Madam Speaker, I am honored to speak I want to commend President George rorism, and India also is very con- today as the co-chair of the Caucus on W. Bush for his leadership in bringing cerned by other countries that sur- India and Indian Americans, the larg- America and India closer together as round India or near India, and the est country caucus on Capitol Hill with allies with his vision of a new strategic United States also needs to share those 183 members. I am grateful for the partnership. concerns. leadership of the prior co-chairman, In conclusion, I would like to thank So H. Con. Res. 15, in congratulating the gentleman from California (Mr. both the gentleman from Iowa (Mr. India, points out the strong bonds be- ROYCE). I support this truly historic LEACH), chairman of the Subcommittee tween our two Nations, and those of us

VerDate jul 14 2003 02:16 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.129 H10PT1 H984 CONGRESSIONAL RECORD — HOUSE March 10, 2004 in Congress on both sides of the aisle I yield myself such time as I may con- ship into areas where our two nations had not will continue to work to strengthen sume. previously cooperated: defense and counter- ties between two great democracies, In conclusion, I would simply like to terrorism. Evidence of the new and intense India and the United States. express my personal appreciation for level of cooperation in these areas can be Mr. LEACH. Madam Speaker, I yield the gentleman from South Carolina found in the most recent joint exercises be- 5 minutes to the distinguished gen- (Mr. WILSON) and the gentleman from tween air force units of the United States and tleman from California (Mr. ROYCE) California (Mr. ROYCE) for their leader- India in central India just last month. who is a member of the Subcommittee ship on so many Indian affairs, and On the other aspects of our relationship, like on Asia and the Pacific, chairman particularly for this bipartisan expres- the newly announced U.S.-India Strategic emeritus of the India Caucus, as well as sion of admiration for India and its Partnership and a steady stream of senior a leader in Congress on many Asian achievements, and for the gentleman level visits in both capitals speak volumes re- issues. from California (Mr. LANTOS) and the garding the robust nature of our relationship. Mr. ROYCE. Madam Speaker, I thank gentleman from New York (Mr. ENGEL), So it is only fitting Mr. Speaker, that the Con- the gentleman from Iowa (Mr. LEACH) two leaders of this House on Indian af- gress, join the chorus of voices in recognizing for yielding me the time, and I am only fairs. that the oldest and largest democracies are on going to take maybe a minute here to Yes, it has been noted that India is a new and welcome path bilaterally. say that I am a cosponsor of this reso- the world’s largest democracy, but it Madam Speaker, I urge my colleagues to lution, but I think most of the resolu- also should be made clear it is one of support the resolution. tions that we deal with here in this the oldest and greatest civilizations on Chamber that come to this floor right- this planet with evidence of civil soci- Mrs. MALONEY. Madam Speaker, I rise in ly focus on what is wrong throughout ety dating back many millennium be- strong support of H. Con. Res. 15, which com- the world, whether it is the authori- fore Christ. mends India on its celebration of Republic Day tarian regime of Robert Mugabe in In the years since its modern day and expresses congressional support for con- Zimbabwe or Kim Jong Il in North independence in 1947, it has produced tinued strong relations between the United Korea. In this context, I think it is some of the greatest leaders in modern States and India. proper for the House to recognize posi- times: Mr. Gandhi and his doctrine of As the largest democracy in the world, India tive developments, and in this case, nonviolence, civil disobedience. The has shown a genuine commitment to improv- that positive development is the vi- doctrine of Sarjat Hagahoth is a great ing its economic ties to the United States, and brant democracy that is India. symbol and inspiration for many citi- the U.S. and India have formally committed to India adopted that Constitution on zens of the globe. Mr. Nehru stood for a work together to build peace and security in January 26 of 1950 that formalized her great international leadership of inde- South Asia, increase bilateral trade and invest- identity as a parliamentary democ- pendence and neutrality, and then in ment, meet global environmental challenges, racy, and the framers of India’s con- the new era of Mr. Vajpayee we have an fight disease, and eradicate poverty. stitution were greatly influenced by India dedicated to economic develop- There is no doubt that the close relationship our Founding Fathers. I had an oppor- ment and market forces, all of which between the U.S. and India is crucial to world tunity to talk to one of those framers, betokens in terms of history, in terms stability and to the economic futures of both and he made the point that many of of longevity of civilization, a modern countries. India’s long-term economic potential the same freedoms that are enshrined day society that is one of the greatest is tremendous, and the U.S. is already its larg- in our Constitution are enshrined in on this planet, and we in this body are est trading and investment partner. theirs for a reason. deeply impressed. I am hopeful that we will foster an even So today, yes, India’s the world’s Madam Speaker, I reserve the bal- closer relationship in the coming years by largest democracy and that is an im- ance of my time. working together to tackle new and existing pressive distinction. It is an incredible Mr. ACKERMAN. Madam Speaker, I rise challenges. commitment when we think of 600 mil- today in support of H. Con. Res. 15 and con- Mr. FALEOMAVAEGA. Madam Speaker, I lion people going and filing their bal- gratulate my colleague Mr. WILSON of South rise today in support of H. Con. Res. 15, com- lots in a democratic election, but the Carolina for his sponsorship of the resolution. mending India on its celebration of Republic other point I think that we are focused Madam Speaker, the resolution before us Day. India is the world’s largest democracy on tonight is the fact that it is India’s today commends India on its celebration of and Republic Day is India’s second most im- growth as a world power that is cre- Republic Day and urges continued strong bi- portant national holiday. ating a chance for peace and for sta- lateral relations between the United States India became a Republic on January 26, bility in south Asia. and India. But there is much more to celebrate 1950, adopting a written Constitution and Last month, members of the Com- than simply India’s Republic Day. There are electing its first democratic parliament. Prior to mittee on International Relations had the commonalities between the U.S. and India, independence, India was under British rule. a chance to meet with India’s foreign in particular both are thriving multi-cultural de- Today, India stands with the people of the minister to discuss the growing bilat- mocracies. India is the largest and the U.S. is United States. The Republic of India and the eral relationship in the areas of space the oldest. This year both nations are in the United States have a common bond of shared and of science, and I think this resolu- midst of the great democratic tradition of elec- values and a strong commitment to demo- tion signals Congress’ interest in fur- tions. India’s elections begin later this month cratic principles. thering this important relationship. and run through the beginning of April. I would also be remiss if, in closing, Beyond our common experiences with de- We are also united in the war against ter- I did not mention the growing con- mocracy, the United States and India have rorism. As the Ranking Members of the Inter- tribution of the Indian American com- been growing ever closer over the last several national Relations Subcommittee. I will not munity here in the United States. I years. Beginning with President Clinton’s trip rest until Pakistan makes good on its promises have always been impressed with, when to India in 2000, the U.S.-India relationship to end cross border terrorism, shut down its working with that community, their has truly blossomed over the last several terrorist training camps, and cease the transfer energy, their enthusiasm and indeed years. of nuclear technology to rogue nations and their dedication to education. Their In the immediate aftermath of the horren- third parties. upward social mobility through edu- dous attacks on the World Trade Center and I commend India for its continued commit- cation is unmatched, and I think that the Pentagon, India was the first nation to step ment to peace and for promoting the ideals of that particular community possesses forward and offer unqualified support and as- equality for all citizens, regardless of faith, some of our most effective future lead- sistance to us. Just a few months later, India gender or ethnicity. I also pay tribute to ers in this country. suffered a devastating attack in the heart of its Mahandas Mahatma Gandhi who is recog- So, with that said, I urge passage of democracy, the parliament building in New nized as the father of India’s nonviolent strug- this resolution, and I thank the gen- Delhi. These events underscore the fact that gle for independence. tleman for yielding me the time. both nations have faced, and continue to face, Finally, I express my appreciation to Prime Mr. LANTOS. Madam Speaker, we re- serious threats from global terrorist organiza- Minister Atal Bihari Vajpayee for his leadership serve the balance of our time. tions. in cultivating strong ties with the United States Mr. LEACH. Madam Speaker, we These unfortunate events have led to a sig- and for initiating historic talks with Pakistan in have no further requests for time, and nificant expansion of the U.S.-India relation- hopes of decreasing tensions in South Asia. I

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 9920 E:\CR\FM\K10MR7.131 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H985 also knowledge the contributions of His Excel- Mr. LANTOS. Madam Speaker, I Whereas Mr. Trajkovski worked to foster lency Lalit Mansingh, Ambassador of the Re- want to commend all of my colleagues peace for the entire Balkan region and to in- public of India, who has represented the inter- who spoke on behalf of this important tegrate Macedonia into the international ests of India before the U.S. Congress in a resolution. community; and Whereas the death of Mr. Trajkovski is a manner that has strengthened U.S.-India rela- Madam Speaker, we have no further tragedy for the people of Macedonia: Now, tions. requests for time and we yield back the therefore, be it I also applaud the efforts of Sanjay Puri, balance of our time. Resolved, That the House of Representa- founder and Executive Director of an organiza- Mr. LEACH. Madam Speaker, we tives— tion working to influence policy on issues of yield back the balance of our time. (1) expresses its deepest sympathies to the concern to the Indian American community. The SPEAKER pro tempore (Mrs. people of the Republic of Macedonia, the With a membership of 27,000, this organiza- MILLER of Michigan). The question is family of President Boris Trajkovski, and tion is giving more than 2 million Indian Ameri- on the motion offered by the gen- the families of the other crash victims; (2) expresses its desire for a smooth and or- cans a voice in the political process and I be- tleman from Iowa (Mr. LEACH) that the lieve both India and the United States are for- derly transition of power; and House suspend the rules and agree to (3) expresses the solidarity of the people of tunate to have more than 27,000 Indian Amer- the concurrent resolution, H. Con. Res. the United States with the people of Mac- icans working with us to address important 15. edonia and the Macedonian Government dur- issues like terrorism, trade, HIV/AIDS, and im- The question was taken. ing this tragedy. migration. The SPEAKER pro tempore. In the The SPEAKER pro tempore. Pursu- Again, I applaud the efforts of so many and opinion of the Chair, two-thirds of ant to the rule, the gentleman from I commend India on its celebration of Republic those present have voted in the affirm- Nebraska (Mr. BEREUTER) and the gen- Day. ative. tleman from California (Mr. LANTOS) Mr. HOYER. Madam Speaker, I urge all of Mr. LANTOS. Madam Speaker, on my colleagues to support this important Reso- each will control 20 minutes. that I demand the yeas and nays. The Chair recognizes the gentleman lution commending the incredibly diverse, The yeas and nays were ordered. democratic nation of India on the celebration from Nebraska (Mr. BEREUTER). The SPEAKER pro tempore. Pursu- of its Republic Day. GENERAL LEAVE ant to clause 8 of rule XX and the This Resolution reiterates the overwhelming Mr. BEREUTER. Madam Speaker, I Congressional support for continued strong re- Chair’s prior announcement, further ask unanimous consent that all Mem- lations between the United States and India. proceedings on this motion will be bers may have 5 legislative days within And it notes India’s commitment, under the In- postponed. which to revise and extend their re- dian constitution, for universal suffrage; equal- f marks on H. Res. 540, the resolution ity for all citizens, regardless of faith, gender, EXPRESSING CONDOLENCES OF under consideration. or ethnicity; and protections for freedom of HOUSE OF REPRESENTATIVES The SPEAKER pro tempore. Is there speech, association and religion. FOR UNTIMELY DEATH OF MAC- objection to the request of the gen- Our two nations are ‘‘natural allies,’’ as EDONIAN PRESIDENT BORIS tleman from Nebraska? Prime Minister Vajpayee has stated. For while TRAJKOVSKI There was no objection. our alliance is relatively young, it has already Mr. BEREUTER. Madam Speaker, I begun to flourish based on our shared values Mr. BEREUTER. Madam Speaker, I yield myself such time as I may con- and commitment to democratic principles. move to suspend the rules and agree to sume. In recognition of our growing relationship, the resolution (H. Res. 540) expressing Madam Speaker, this Member rises the gentleman from New York (Mr. CROWLEY) the condolences and deepest sym- in support of H. Res. 540, as amended, and I led a delegation of nine members of pathies of the House of Representatives expressing the condolences and deepest Congress to India in January. for the untimely death of Macedonian sympathy of the U.S. House of Rep- During our trip, we were privileged to be re- President Boris Trajkovski, as amend- resentatives upon the death of Macedo- ceived by a number of Mr. Vajpayee’s Min- ed. nian President Boris Trajkovski. This isters and we engaged key policymakers in The Clerk read as follows: resolution was introduced by the dis- thoughtful discussions on issues ranging from H. RES. 540 tinguished gentleman from Indiana and Pakistan to this year’s national Whereas on February 26, 2004, President (Mr. SOUDER). elections in both India and the United States. Boris Trajkovski of the Republic of Mac- On February 26, 2004, President Boris While we certainly discussed, and even de- edonia was tragically killed in a plane crash Trajkovski of the former Yugoslav re- bated, a number of issues on which our coun- in Bosnia-Herzegovina while he was on his public of Macedonia was tragically tries have legitimate differences, the lasting way to an international investment con- killed in a plane crash over Bosnia- impressions were the broad areas of agree- ference; Herzegovina, while traveling to Mos- ment and cooperation, and the strength and Whereas Mr. Trajkovski served Macedonia as Deputy Minister of Foreign Affairs from cow to attend a regional economic con- dynamism of the growing U.S.-India relation- December 21, 1998 until he was inaugurated ference. He and eight other individuals ship. as President on December 15, 1999; on the aircraft died in this tragic acci- Madam Speaker, the mutual respect dem- Whereas Mr. Trajkovski stood up for what onstrated in these discussions was a clear dent. This Member understands the of- he believed was right and moral, even when ficial State funeral was held Friday of sign of our maturing relationship and the trust he faced opposition within Macedonia; between us. Whereas under Mr. Trajkovski’s leader- last week in Skopje. For example, our armed forces now regu- ship, Macedonia was one of the first coun- President Trajkovski is one of the larly participate in joint exercises involving all tries to publicly support Operation Iraqi most important reasons why Mac- branches of the military, and the sale of U.S. Freedom and to commit troops to the effort; edonia is making the progress it has military equipment to India approached $200 Whereas during Macedonia’s armed ethnic made in recent years. President clashes Mr. Trajkovski demonstrated his Trajkovski was an important leader million last year. willingness to work with all of Macedonia’s In the immediate aftermath of the Sep- and voice of reason in resolving the ethnic groups, which helped to prevent a ethnic conflict that was threatening tember 11 terrorist attacks, India pledged its civil war; full cooperation and offered the use of all its Whereas Mr. Trajkovski was a strong be- his country 3 years ago and in imple- military bases for counterterrorism efforts. And liever in free markets and worked tirelessly menting the Ohrid peace agreement of India continues to play a key role in stabiliza- to bring development and investment to August 2001. His leadership and mod- tion and reconstruction efforts in Afghanistan. Macedonia; eration between opposing sides have Our economic cooperation also is note- Whereas under President Trajkovski’s been absolutely essential in creating worthy. In fact, the nearly 60% increase in leadership, Macedonia negotiated an agree- the conditions for the progress that his total trade between the United States and ment with the United States under Article 98 government and his country have made of the Rome Statute of the International since then. India since 1996 illustrates that. Criminal Court, signed the agreement on With more than 1 billion citizens, India still June 30, 2003, and ratified the agreement on He worked tirelessly to ensure that faces many problems. And the increasing en- October 16, 2003, thereby helping to ensure democratic values and institutions gagement with the United States will help United States citizens will not be subject to would prevail in his country and to India to address them. politically motivated prosecutions; bring his country closer towards full

VerDate jul 14 2003 02:16 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.066 H10PT1 H986 CONGRESSIONAL RECORD — HOUSE March 10, 2004 integration in the Euro-Atlantic insti- (Mr. HYDE) to discuss his vision for killed in a plane crash. Now, the future tutions. In May of last year, his coun- Macedonia and for the region, and both of Macedonia is uncertain. The next try joined Croatia and Albania in sign- the gentleman from Illinois (Mr. HYDE) president of Macedonia may or may ing the Adriatic Charter, an agreement and I were deeply impressed by his pas- not stay on the course charted by Mr. to commit to reforms and cooperation sionate commitment to his people and Trajkovski. The next president of Mac- in order to prepare these countries for to building a democratic society. edonia may or may not work to bring accession into NATO. His country has Just on the day of this tragic event, all Macedonians together. The next been a strong supporter of the inter- a Macedonian delegation was due to president may or may not have the es- national war against terrorism and has present a Macedonian-EU partnership teem Mr. Trajkovski commanded. I contributed forces to operations in application to the government of Ire- certainly hope the next president of both Afghanistan and Iraq. Tragically, land which currently holds the presi- Macedonia is able to do all of these his country was scheduled to formally dency of the European Union. I was things. submit its application to become a can- pleased to learn that, although the As is typical in many new democ- didate for membership in the European visit of the Macedonian delegation was racies behind the old Iron Curtain, Union last week on February 26, tragic cut short by the tragic events, the gov- President Trajkovski did not have a only because that was the very day of ernment of Macedonia followed long record of public service. In 1997, the tragic accident. through and did submit its application Mr. Trajkovski became Chief of Office Historically, President Trajkovski to the European Union. in a local government administration. will be most known for saving his In 1988, he was appointed to the post of b 1830 country from civil war. This resolution Deputy Minister of Foreign Affairs. In recognizes that fact and his leadership Last year, Madam Speaker, Mac- 1999, he was inaugurated president of and his importance to his country. edonia signed the U.S. Adriatic Char- the Republic of Macedonia. What Mr. This resolution is an affirmation that ter, affirming its commitment to the Trajkovski’s public service lacked in the U.S. House of Representatives sup- values and principles of NATO and to longevity, however, it more than made ports the reforms that President joining the alliance at the earliest pos- up for in terms of quality and the im- Trajkovski implemented and the sible time. Macedonia has been a true pact that his policies and principles progress that all Macedonians have friend of the United States. It stands will have far into Macedonia’s future. made. May the government of Mac- with us in the war on terrorism and has During Macedonia’s ethnic troubles, edonia and the people of Macedonia provided troops both in Afghanistan he realized that peace was better than continue to follow his example and and Iraq. war. He reached out to the Albanians continue along his path of reform, So today, Madam Speaker, as we and Macedonians alike. As a Methodist progress, peace and democracy. honor the memory of President minister in an Orthodox Christian This Member would like to express Trajkovski and mourn his tragic death, country, establishing trust, even his deepest sympathies and condo- we reaffirm the close friendship and among his own people, was no small lences to his family, to his country and partnership we have with Macedonia feat. Yet Mr. Trajkovski brokered a to all the Macedonian people and urge and we express our desire that this re- peaceful solution that avoided the fur- his colleagues in this House to support lationship grow stronger under the new ther balkanization of the region. It is a passage of the resolution. leadership that the Macedonian people little sea of hope in the midst of much Madam Speaker, I reserve the bal- will soon choose. I am confident that conflict. ance of my time. Macedonia will stay firmly on the path In looking forward to the future of Mr. LANTOS. Madam Speaker, I to democracy and integration with the his country, President Trajkovski real- yield myself such time as I may con- Euro-Atlantic community, and I urge ized that economic development was sume. all of my colleagues to support H. Res. the key to the success of Macedonia. I rise in sad and strong support of 540. He encouraged investment, free mar- this resolution. I want to associate my- Madam Speaker, I reserve the bal- kets, and great international participa- self with the remarks of my good friend ance of my time. tion. Indeed, he died on his way to an from Nebraska, and I want to join him Mr. BEREUTER. Madam Speaker, it international investors conference. and all other Members in offering our is my pleasure to yield such time as he President Trajkovski’s contribution to deepest condolences on the tragic may consume to the gentleman from his country’s stability and prosperity death of President Boris Trajkovski, to Indiana (Mr. SOUDER), the sponsor of will not soon be forgotten. the people of Macedonia and to his the resolution. Macedonia worked with the United family. President Trajkovski is sur- (Mr. SOUDER asked and was given States in the conflict in Serbia, letting vived by his wife and two children, and permission to revise and extend his re- us base multiple operations there, in- I want to extend our expressions of marks.) cluding camps for those who had fled sympathy to his entire family and to Mr. SOUDER. Madam Speaker, I wish Kosovo, with no small risk to the sta- all the citizens of Macedonia. to thank the chairman of the Sub- bility in their country. They are a The Balkans have seen more than committee on Europe, the gentleman great friend of the United States, as we their share of turbulence in the past from Nebraska (Mr. BEREUTER); the have heard, in Iraq and Afghanistan. couple of decades. Macedonia alone has chairman of the Committee on Inter- It was my privilege to meet Presi- attained independence, wrestled with national Relations, the gentleman dent Trajkovski a number of times, economic challenges, overcame ethnic from Illinois (Mr. HYDE); and the rank- and he was a dynamic man. But while tensions between Macedonian Slavs ing member, the gentleman from Cali- he was a great leader as president, he and the Albanian minority. Outside of fornia (Mr. LANTOS), for moving this was much more. He was also a good Macedonia, there are still people in the piece of legislation. man and a Godly man. He lived his Balkans who strive to return to their Just a few moments ago, we dis- faith, and it undoubtedly influenced homes to attain international recogni- cussed a resolution in support of Re- every single decision he made in his tion and to secure their statehood. Our public Day in India, the world’s largest life and in his leadership. As a devoted involvement in the region must con- democracy, and a country with a rich, family man with a wife and two chil- tinue to be vigorous and effective. long tradition and of great importance dren, he worked hard to make sure his The leadership of President to the United States. This resolution children had a better future. I have Trajkovski stands out in the Balkan addresses a relatively new and small gotten word that the government of context. He was a voice for moderation democracy, the Republic of Macedonia, Macedonia is working to support the and reason who united his country and but also of importance to the United Trajkovski family’s future needs. led it on the path of integration with States. Given the contribution Mr. Trajkovski the European Union and membership in Our friend, the Republic of Mac- made to his country, I am glad his fam- NATO. I was privileged to meet him a edonia, has just lost its leader. Two ily is not forgotten. little while ago, with our distinguished weeks ago, the man many believed In 1996, Mr. Trajkovski visited the chairman, the gentleman from Illinois would lead Macedonia was tragically United States in order to study the

VerDate jul 14 2003 02:16 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.134 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H987 democratic political process. Judging friend telling me of the disaster and the sec- edonia his life that Macedonia might come from his presidency, I would say he ond was from my parents in . An- together and yet live again. other time I remember when he asked me to learned a great deal. During his time in I hope that by giving up his life for his fel- give strong consideration to hiring a friend low man that something good will come of the United States, he visited my dis- of his (long before he was president), in my this. Something good must come of this. It trict. The several thousand strong organization. I didn’t hire his friend, but Macedonian community of northeast that didn’t change our friendship. can start here in Macedonia but it can Indiana maintains close ties with It is ironic in a way. Since the tragedy last spread throughout the Balkans and the friends and relatives of Macedonia. week, Macedonians of all political stripes world. And it is this: a life lived for his fel- low man, and a deep love for his family, his They are very informed about the po- and colors, all ethnic groups, all social class- country and for God. The international com- litical and economic situation there. es and all religious groupings have been in a funk, a state of shock, at the loss. Boris is munity, in the meantime, can help continue With the death of Mr. Trajkovski, I am much more popular now in death, than he Boris’ legacy by finally recognizing the sure they are very concerned what the ever was in life. The international commu- name—the Republic of Macedonia. Boris future holds for the homeland. nity, too, is still reeling from the loss, now would want this. In recent days, many people have re- coming to the full realization of what a I was with Boris last Wednesday, until membered Boris Trajkovski. One re- treasure we all had and took for granted. about 5:30 p.m., about 14 hours before he left membrance in particular stands out. In That seems to be the way life works though. us for a better place. We were discussing the We’ve heard many people over the past a moving article I am submitting for future, his plans, upcoming trips and the week talk about Boris and say he was their the RECORD, Jason Miko, an American like. How short life is and how foolish the friend. I believe most of them are sincere living in Macedonia, recalls not only though I also know that there is, even now, plans of man indeed! In a blinding instant it President Trajkovski, a powerful lead- some political posturing going on. I know all changed, for Macedonia, for the Balkans, er, but also Boris Trajkovski, a simple that Boris held no grudges against anyone for the world, forever. It changed for his fam- man of the people. I would like to read and even though he could get angry at people ily, his friends, his fellow countrymen and one paragraph in closing. for what they said and did to him, he didn’t for the international community. For people He writes: ‘‘Since thoughts are even remain angry for very long. He was that sort such as myself, and my friend Boris, how- ever, we have a hope of things yet to come. now turning to the next president, it is of a man—forgiving, understanding and lov- Our faith tells us that one day we will be re- vital to remember the legacy that ing. It’s a shame we are only now realizing that. united together along with many others. In Boris leaves. More than almost any Boris was a rare individual. He stood for the meantime, what life we have left here on other figure in the Balkans in modern what he believed in and he fought for the earth should be dedicated to spreading his history, he did the most to bring people values he held dear. He was real, not phony legacy, a legacy of love, forgiveness, rec- together. He was respected by all eth- like some politicians can be. In fact, in many onciliation and friendship. That is what my nic groups and had a vision for this ways, he wasn’t even a politician. I clearly friend Boris would want. country which was 20 years ahead. He remember, in the summer of 1999, as the Mr. LANTOS. Madam Speaker, I am often talked about rights, together Kosovo crisis was ending and thoughts were pleased to yield 5 minutes to the gen- with individual responsibility, the im- turning to the presidential elections of the fall, the enthusiasm that people had for him tleman from New York (Mr. ENGEL), a portance of a civil society together as a candidate. And truthfully, he hadn’t distinguished member of the Com- with the need for social communica- even thought of running for president him- mittee on International Relations who tion. But his most important message self until ordinary Macedonians started en- has a long-standing special interest in was one of reconciliation, love, and for- couraging him to run. Coming from humble giveness.’’ roots in rural Macedonia, he was truly a man this region. Madam Speaker, I submit for the of the people and for the people. Mr. ENGEL. Madam Speaker, I thank RECORD the complete article from Over the past four plus years of his man- the gentleman from California for which I just read: date, Boris was able to mingle with the high- est and mightiest on this earth and with the yielding me this time, and I rise in [From the Macedonian Vreme, Mar. 2, 2004] most humble. And while he was comfortable strong support of H. Res. 540. MY FRIEND BORIS in both situations—with kings and queens, Madam Speaker, being a Member of (By Jason Miko) presidents and prime ministers on the one Congress, we are privileged to meet hand—he enjoyed himself most with vil- My friend Boris Trajkovski passed away many international leaders. Particu- last week. I rarely called him ‘‘Boris.’’ I usu- lagers and working men and women of his ally called him ‘‘Mr. President.’’ Sometimes, native Macedonia. How many other elected larly serving on the Committee on when we prayed, I referred to him as ‘‘my officials do you know who have gone into vil- International Relations, it is our honor brother, Boris.’’ He wasn’t hung up on titles lages throughout this country speaking with to meet visiting dignitaries, and we and ceremony and frankly didn’t care what the common man and woman listening to often go to different countries to meet people called him though I know he was a their hopes, fears and dreams? I hope that with them as well. Last week, I had the little bit hurt when some people in Mac- you, as Macedonian citizens, will demand distinct honor, on Friday, of attending that of your next president. It is the legacy edonia referred to him as ‘‘citizen President Boris Trajkovski’s funeral in Trajkovski’’ during his first year in office. I that Boris would want. think they probably regret that now. They And since thoughts are even now turning Skopje, Macedonia, as part of the offi- should. to the next President, it is vital to remember cial American delegation, along with I first met Boris Trajkovski in early 1997. the legacy that Boris leaves. More than al- my colleague and good friend, the gen- I had moved to Macedonia in the summer of most any other figure in the Balkans in mod- tleman from Virginia (Mr. WOLF), and 1996 and got to know him through an Amer- ern history, he did the most to bring people also Secretary Principi, who is the Sec- together. He was respected by all ethnic ican friend of mine who had introduced me retary of Veterans Affairs. I know the to a Macedonian friend of his who knew groups and had a vision for this country Boris very well. I honestly cannot remember which was 20 years ahead. He often talked three of us felt that it was an honor to the very first time we met, but I will never about rights, together with individual re- represent the United States of America forget the last. sponsibility, the importance of a civil soci- at this funeral. He wasn’t my president, but over the past ety together with the need for social commu- seven years, I came to know Boris as a very nication. But is most important message was I knew Boris Trajkovski, having met dear friend. And while I had the high honor one of reconciliation, love and forgiveness. with him on many occasions. It is a and privilege of seeing him go from inter- These values he held came from his deep tragedy, as my colleagues have pointed national secretary in his party to deputy for- faith and convictions. And while he was in- out, that a man so young, only 47, with eign minister to president, the friendship deed a Methodist, it is not important to tremendous promise, a very good lead- never changed. We shared a friendship that focus on his chosen religious denomination, er for his country, forward looking, a but on the tenants of that faith. His deep transcended disagreements, difficult periods, strong ally of the United States, would and misunderstandings. Boris was always love for the Son of God—Jesus Christ—and there for me and he told me about two weeks his recognition that man is sinful and needs be cut down in such a tragic manner. ago how he loved me. And I know his love salvation—prompted him to talk about and It is not easy to be a leader in the was not limited to his family or friends. He live a life of love for all mankind. I remem- Balkans. The Balkans has been a very, ber him—on many occasions—talking about loved his fellow citizens and his country as very volatile area. It takes people with much as his family and friends. He was a big how he was willing to ‘‘sacrifice myself’’ for man with a big heart. Macedonia. And ultimately, Boris did pay courage to be able to look ahead and to When September 11th occurred, his was the the ultimate price for his fellow man and his be able to do what is right. Boris third call I received. The first was from a country—he gave us his life. He gave Mac- Trajkovski was such a person.

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.136 H10PT1 H988 CONGRESSIONAL RECORD — HOUSE March 10, 2004 I remember a meeting with him in resenting a different country. I had not nent here in Washington. The role of India, as 1999 in Skopje, Macedonia, where he seen anything so moving since the fu- a large and vibrant democracy in a strategi- was running for election as president neral of Yitzhak Rabin in Israel several cally important part of the world, is quickly and was courting the votes of the Alba- years ago. coming into focus—as a partner in trade, and nian community in Macedonia. The Al- Boris Trajkovski was a man who will as an ally in fighting international terrorism. In- banian community is a very important be missed; and it is very, very impor- dian Americans have contributed immensely to and large ethnic minority community tant that all people of good will follow the American culture and to our economy. It is in Macedonia. And President in his footsteps and make sure that no wonder that in only ten years, the Congres- Trajkovski was looking for the votes Macedonia continues to have a thriving sional Indian Caucus has already amassed and said that he is a Methodist min- democracy and continues to work over 160 Members. ister; and as a Protestant minister in closely with the United States of But India is a huge and complex nation, an Orthodox Christian country, he was America. I strongly support this reso- well-known as the world’s largest Democracy. a religious minority in his own coun- lution and urge our colleagues to all Of course, as strong as our relationship is with try. So he said that he would be sen- vote in the affirmative. this large partner, there are also differences— sitive to other religious minorities and Mr. LANTOS. Madam Speaker, I am on trade issues, outsourcing, environmental, ethnic minorities in Macedonia. And, pleased to yield 2 minutes to the gen- and labor issues. We need to work on those indeed, he was. tlewoman from Texas (Ms. JACKSON- differences and come to fair resolutions. It is Madam Speaker, part of the resolu- LEE). the true bond of friendship between our two tion says: ‘‘Whereas during Macedo- Ms. JACKSON-LEE of Texas. Madam nations, so obvious in our cultural exchanges, nia’s armed ethnic clashes, Mr. Speaker, I thank the distinguished that makes me confident that we will resolve Trajkovski demonstrated his willing- ranking member for yielding me this the differences between us and build on our ness to work with all of Macedonia’s time. common values. ethnic groups, which helped to prevent In my community, I always discuss It is a true testament to the power of de- a civil war.’’ And even though that was with my constituents the value of mocracy and the spirit of the Indian people, unpopular among some of his own peo- internationalism, recognizing the that only 54 years after it adopted its Constitu- ple, he knew it was the right thing to world family; and so I want to applaud tion, that India is such a powerful and re- do. He knew that the Albanian ethnic the sponsors of this legislation be- spected player on the world stage. minority was entitled to rights as first- cause, again, it says to the world that After my two trips to India, and my years of class citizens of Macedonia. And I can America cares. I believe that this very friendship and partnership with the outstanding tell you, as chairman of the Albanian sad occasion, the loss of life and the members of the Indian community in Houston, Issues Caucus here in Washington, I untimely death of President I know that I have still only scratched the sur- witnessed firsthand the workings of Trajkovski, should be noted on the face of the deep culture and history that Indi- President Trajkovski bringing people floor of this House. ans have to offer the world. I am glad that the together and standing out and speak- I had the privilege some years ago, U.S.-Indian relationship is continuing to flour- ing out in favor of such an agreement, during the Bosnian war, to be in that ish. which worked. area and to understand the closeness I commend the co-chairs of the Indian Cau- Tensions in Macedonia are at an all- yet the distance and the importance of cus, Representatives WILSON and CROWLEY, time low, largely because of the work someone who could be in fact a uniter, for taking the time to put forth this symbolic of Boris Trajkovski. Our ambassador, and that he was. To recognize the resolution. the U.S. ambassador to Macedonia, wrongness of ethnic cleansing and eth- I support this legislation and urge my col- Ambassador Butler, who does such a nic divisiveness was his trait. As I un- leagues to do the same. wonderful job, told me last week that derstand it, even as he traveled to his b 1845 he met with President Trajkovski reg- untimely death, he was engaged in ef- ularly. In fact, they prayed together forts of internationalism and peace- Mr. LANTOS. Madam Speaker, I and they often discussed all kinds of making. yield myself such time as I may con- issues. So I rise today to express my condo- sume. President Trajkovski was unabash- lences and as well my deepest sym- Macedonia is a deeply divided coun- edly pro-American. As our colleagues pathies to the people of Macedonia, and try ethnically, and President have said, they joined with us in fight- of course to the region, and to thank Trajkovski was a powerful force in ing terrorism and joined with us in Af- the Committee on International Rela- bringing peace and reconciliation to ghanistan and Iraq. The Adriatic Char- tions for always drawing to our atten- the Slav and Albanian communities. ter, Croatia, Macedonia, and Albania, tion that we are much stronger when We shall remember him as a man of we promoted that in this Congress. My we extend the hand of friendship and peace. I urge all of my colleagues to resolution passed both the Senate and we accept each other’s pain as well as join us in voting for this resolution. the House commending these countries each other’s joy. My deepest sympathy Madam Speaker, I yield back the bal- for signing the Adriatic Charter. Presi- also to those who mourn his death here ance of my time. dent Trajkovski was an important part in the United States and certainly in Mr. BEREUTER. Madam Speaker, I of making that happen. Macedonia and around the world. yield myself such time as I may con- Yes, he alienated a number of people I conclude by saying that in addition sume. because he wanted to move forward. to those from that region, I have a Madam Speaker, I thank all of my Even in his own party there were some great deal of collaboration with those colleagues for their appropriate words times he wondered if he could win re- who call and respect India as their and sentiments. I urge unanimous sup- election because he was so bold in tak- place of birth. So I also want to be able port for the resolution. ing these enlightened positions. But, to acknowledge the resolution dealing Mr. WOLF. Madam Speaker, I rise today in ultimately, I believe that had he lived with the commendation and the cele- support of H. Res. 540, expressing the condo- and stood for reelection, he almost cer- bration of the Republic Day of India, lences and deepest sympathies of the House tainly would have been reelected, be- and again to thank Indian Americans of Representatives for the untimely death of cause people understood that here was for their efforts toward peace and rec- Macedonian President Boris Trajkovski and to a man of vision and a man of greatness onciliation. Not only do we speak these pay honor to his life. and someone who was good for the words, but I hope that we will act upon I was honored to be a part of the United Macedonian nation. the international spirit and making States delegation to President Trajkovski’s fu- So I just want to join with my col- sure that all of our friends know that neral led by Veterans Affairs Secretary An- leagues in paying tribute to President we continue to stand united for world thony Principi. The delegation also included Boris Trajkovski. I met with his wife peace, world dignity, and the humanity Congressman ELIOT ENGEL, Barry Jackson before the funeral, saw his children; of all. from the White House and President and at the cemetery, I must say it was Madam Speaker, I rise today in support of Trajkovski’s good friend, Kent Patton. very, very moving to have thousands of this resolution. The issues of India and Indian- President Trajkovski was a great friend of foreign dignitaries there, each rep- Americans are becoming increasingly promi- the United States and will be dearly missed.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 9920 E:\CR\FM\K10MR7.137 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H989 He was a man of great faith and led his coun- Your greatness is embodied in you being a For the international community, it try with dignity and respect. He united the citi- man of the people and for the people. means continued backing for the efforts this zens of Macedonia and will remembered by Macedonia knows its way. Macedonia country has already made. We must support knows where its future lies. Macedonia’s bold reform program to become all. Dear President, I am honored for having a full member of the European Union. Below are statements read at his funeral by known you and for having the opportunity to So we look forward to receiving your appli- H.E. Mr. Branko Crvenkovski, president of the work with you. cation to join the Union. And if that applica- Government of the Republic of Macedonia, There are great people next to whom all tion were dedicated to anyone, it would be to and Mr. Romano Prodi, president of the Euro- others feel small. There are greater people Boris Trajkovski. pean Commission. Their words illustrate the next to whom all others feel great, as well. We believe in this country, we believe in You, Boris were the latter kind of man. its will and determination to become a full great impact that Boris Trajkovski had on so Rest in peace, great man. many of the lives he touched. member of the European institutions. And we are certain it will succeed. ADDRESS BY H.E. MR. BRANKO CRVENKOVSKI A TRIBUTE TO BORIS TRAJKOVSKI This will demand patience and, above all, Dear President, today, Republic of Mac- (By Romano Prodi) perseverance. And it can only be achieved if edonia is on its feet, united and unified in its When I learned the news of the tragic crash it is truly desired, as Boris Trajkovski de- pain, dignified in its sorrow, joined in paying that cut short Boris Trajkovski’s life, an sired it so passionately. the respect. image flashed to my mind—the memory of Today we morn Boris Trajkovski, but we We are offering our last farewell to you, our meeting in Thessaloniki at the European have faith in this country’s political future. our President. Our loss is immense; the trag- Council in June last year. Any other attitude would fall short of the edy, which has befallen us, is immense. It was an important day for the Balkans. It ideals Boris fought for all his life. Only 10 days ago, full of life, full of enthu- was an important day for Europe. It was the His tragic death is a loss to us all. But his siasm and deeply convinced of the European day we decided together that the European memory gives us heart to work even harder, future of Macedonia, you sent me to Ireland. Union’s enlargement would not be complete to keep alive his political heritage and the Fate has decided that I bid you farewell until all the countries of this region were principles that guided him, and to meet the today to the unforgettable part of the his- full members of the Union. It was the day we objectives he set himself. tory of our nation and state. set a joint agenda together to achieve that February 26 will be remembered as a sad In the last four years, circumstances and objective. day, but also as a day to commemorate Boris the curse of our profession called politics, When we met, we embraced and rejoiced at Trajkovski’s commitment and enthusiasm. bestowed us moments when we were both the fact we were seated at the same table. It So his dream of Macedonia as a full member friends and opponents, moments when we co- was a foretaste of what the full European of a prosperous and peaceful Europe comes operated, moments when we criticized each family would look like. true. other. I remember thanking Boris for all the en- However, I will never doubt the fact that thusiasm and commitment he had shown in Mr. SMITH of Michigan. I join my colleagues in all key moments whilst making the most bringing the whole region—not just his own in supporting H. Res. 540, which expresses difficult decisions for the future of our state, country—along the road to European inte- the condolences and deepest sympathies of we were always together, we were on the gration. His reply was a smile and an even the House of Representatives for the untimely same side, understanding each other even warmer embrace. death of Macedonian President Boris better than with our fellow party members. That is the image of Boris Trajkovski that Trajkovaski. You often sailed against the wind, mis- will always stay with me. His passion, his As we know, President Trajkovski died in a understood, blamed, without sufficient sup- commitment, his love for Europe and for his February 26 plane crash in Bosnia- port. region. Europe was the guiding star on You were the most deserving for the fact Boris’s journey. The values of tolerance and Herzegovina, where he was planning to par- that we avoided a disaster in 2001. respect on which our Union is founded were ticipate in a conference before traveling to Ire- It is tragic for us that your death united us an inspiration to him in the very difficult land to present his country’s formal application more than your commitments as President. times this country and all its people have to join the European Union. It is tragic for us and a satisfaction for you seen. Boris Trajkovski had been serving as Presi- that today we are aware that you were more Pulling together, not apart. Being open, dent since 1999. He reached across ethnic di- respected worldwide than in your own coun- not closed. Including, not excluding. Like vides to hold his country together during the try. our Europe, a Union of minorities, united by Today, we know that you looked further, the ideals of cooperation and peace. ethnic turmoil and conflict which erupted in thought deeper and believed more. Those were my thoughts on my recent visit Macedonia in 2001. He also represented Mac- Our pain is immense; the pain of your fam- to Skopje, as together we crossed the old edonia well in working with the international ily is immeasurable. bridge over the Vardar—that symbol of community, both on regional issues and on Somebody said: ‘‘Shared joy, is greater joy. union so full of meaning for this city’s—and making Macedonia’s case for integration into Shared pain is lesser pain.’’ Today, all of us, this country’s—past and present. This coun- European and Euro-Atlantic institutions. entire Macedonia and all our friends world- try, this region, all Europe has lost an en- Macedonia is a country of concern to the wide share the pain and sorrow of your lightened, far-sighted leader, a statesman Helsinki Commission, which I chair. As they Vilma, Sara and Stefan. who saw beyond the narrow horizon of every- Your children had a father. From now on, day politics, a man who put the individual at have had to develop democratic institutions fatherly care becomes the responsibility of the center. over the last 15 years, Macedonia also had to all of us. As we pay tribute to the memory of Boris assert independent statehood as Yugoslavia Standing your ground, you withstood all Trajkovski today, we all share the pain and disintegrated and deal with the economic dis- criticism. You were blamed that you were a grief felt by his beloved wife Vilma, his chil- ruption caused by that disintegration. Mac- traitor, while you made the most patriotic dren Stefan and Sara, his family and friends, edonia had to bear a refugee burden caused step. You were blamed of cowardice, but you and all his fellow Macedonians. by associated conflicts in Bosnia and Kosovo, were the most courageous one. You, more But as we morn his loss—and it is a great than anybody else, stopped the war and re- loss—we must not lose sight of the deeper and be a part of the enforcement of inter- turned the peace to us. meaning of his work, the work he sacrificed national sanctions against Milosevic’s Servia. In times of insanity you gave us reason. his life to accomplish. Macedonia has had to work out differences You fought hatred with your words of love, Honoring Boris Trajkovski’s memory with neighboring states on sensitive, national forgiveness, mutual understanding. And you means taking up the challenge—meeting the issues which run deep in Balkan history, at the accomplished all of this in your recognizable objectives he believed in and completing the same time to overcome divisions within its style: sincerely, simply, from the bottom of work he started. own, ethnically diverse population. And, like so the heart, excluding any calculations. Honoring Boris’s memory today means Once you told me: ‘‘In 10 years everybody thinking of the future of the people of Mac- many of the countries in southeastern Europe, will recognize that I was right’’. edonia—these people he cherished so dearly, Macedonia must contend with organized crime Boris, it was not necessary to wait 10 who were his foremost concern, with whom and corruption, including trafficking in persons, years. Already today the entire Macedonia he felt utterly at one. which threaten its further democratic and eco- pays its tribute and recognition. For the country’s leaders, it means con- nomic development. Distinguished President, having learned of tinuing—resolutely, united in purpose— It is my hope, Madam Speaker, that the the tragic event, many asked themselves along the path of European integration. same strength and determination upon which Aware that this is an irreversible process, a what would befall Macedonia after your the people of Macedonia have relied in the death. Such people neither know Macedonia, process that has the whole country behind it. nor knew you. With all its ethnic and political components face of these challenges, will serve them Your greatness did not lie in leading your fully supporting the choices, shouldering the again in the face of this latest tragedy. With people in a direction different from what responsibilities and protecting the rights of the passage of this resolution, the United they considered their options. each. States Congress can show its support for

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\A10MR7.059 H10PT1 H990 CONGRESSIONAL RECORD — HOUSE March 10, 2004 Macedonia and its people, not only as they needy, improved energy efficiency and envi- PROVIDING FOR ADDITIONAL TEM- mourn the loss of their President, but as they ronmental restoration efforts. And we will of PORARY EXTENSION OF PRO- continue on the path of peace and prosperity course honor our pledge to take the lead in GRAMS UNDER THE SMALL he was leading them at the very moment he the global effort to combat the scourge of HIV/ BUSINESS ACT AND THE SMALL died. AIDS, through the provision of medicine, vol- BUSINESS INVESTMENT ACT In closing, I wish also to express my prayers unteers, and much-needed financial re- Mr. MANZULLO. Mr. Speaker, I and personal condolences to family and many sources. move to suspend the rules and pass the friends of Boris Trajkovski. Above all, we must foster a deeper appre- bill (H.R. 3915) to provide for an addi- Madam Speaker, I join my colleague Mr. ciation for the shared values and beliefs that tional temporary extension of pro- SOUDER and others in supporting this Resolu- lie at the heart of our two great democracies, grams under the Small Business Act tion and expressing deep sadness over the and an understanding of the common prin- and the Small Business Investment Act sudden and tragic death of Boris Trajkovski, ciples and interests that bind us together. of 1958 through May 21, 2004, and for the President of Macedonia. This Resolution is a celebration of India’s other purposes, as amended. In the 1990s, I served as a Co-Chairman of Republic Day, but also a recognition of our The Clerk read as follows: the Commission on Security and Cooperation strengthening relationship. H.R. 3915 in Europe, the Helsinki Commission. During I urge all of my colleagues to support it. that time, the Commission, the Congress, the Mr. BEREUTER. Madam Speaker, I Be it enacted by the Senate and House of Rep- American government and indeed the inter- resentatives of the United States of America in yield back the balance of my time. Congress assembled, national community viewed the conflicts asso- The SPEAKER pro tempore (Mrs. SECTION 1. ADDITIONAL TEMPORARY EXTEN- ciated with Yugoslavia’s demise as a foreign MILLER of Michigan). The question is SION OF AUTHORIZATION OF PRO- policy priority. In Croatia, Bosnia and then on the motion offered by the gen- GRAMS UNDER THE SMALL BUSI- Kosovo, thousands upon thousands were tleman from Nebraska (Mr. BEREUTER) NESS ACT AND THE SMALL BUSI- killed, raped or tortured while millions were that the House suspend the rules and NESS INVESTMENT ACT OF 1958. displaced in ethnic cleansing campaigns. The The authorization for any program, au- agree to the resolution, H. Res. 540, as thority, or provision, including any pilot violence, of course, would reverberate through amended. program, that was extended through March the region, replacing trust and cooperation The question was taken. 15, 2004, by section 1(a) of Public Law 108–172 with fear and hatred in ethnically diverse com- The SPEAKER pro tempore. In the is further extended through April 2, 2004, munities. opinion of the Chair, two-thirds of under the same terms and conditions. Macedonia, as a republic of the former those present have voted in the affirm- SEC. 2. EXTENSION OF CERTAIN FEE AUTHORIZA- Yugoslavia, was caught in the midst of this ative. TIONS. turmoil, but it held itself together. Even when Mr. LANTOS. Madam Speaker, on Section 503(f) of the Small Business Invest- fighting erupted within its own borders, many that I demand the yeas and nays. ment Act of 1958 (15 U.S.C. 697(f)) is amended of that country’s leaders worked to find solu- by striking ‘‘October 1, 2003’’ and inserting The yeas and nays were ordered. ‘‘May 21, 2004’’. tions to underlying grievances and brought The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- peace back to Macedonia. Of course, inter- ant to clause 8 of rule XX and the ant to the rule, the gentleman from Il- national involvement was essential, but so Chair’s prior announcement, further linois (Mr. MANZULLO) and the gentle- was the presence of people like Boris proceedings on this motion will be woman from New York (Ms. Trajkovski, who would reach across ethnic postponed. lines and work to help all the citizens of Mac- VELA´ ZQUEZ) each will control 20 min- edonia, not just those of their own ethnicity. f utes. Boris Trajkovski, in my view, understood The Chair recognizes the gentleman what it meant to be a head of state, to rep- REPORT ON RESOLUTION PRO- from Illinois (Mr. MANZULLO). resent the country, all of its people, and all of VIDING FOR CONSIDERATION OF Mr. MANZULLO. Mr. Speaker, I yield their aspirations. Since 1999, he moved his H.R. 3717, BROADCAST DECENCY myself such time as I may consume. country forward. ENFORCEMENT ACT OF 2004 Mr. Speaker, this is a short and sim- I hope, Madam Speaker, that the people of Mrs. MYRICK (during consideration ple bill. H.R. 3915 authorizes a general Macedonia will find not just sorrow in Presi- of H. Res. 540), from the Committee on extension of all programs under the dent Trajkovski’s death but also the strength Rules, submitted a privileged report Small Business Act and the Small to make his vision of a democratic, tolerant (Rept. No. 108–436) on the resolution (H. Business Investment Act from its cur- and prosperous Macedonia a reality. Res. 554) providing for consideration of rent ending date of March 15, 2004, They can count on support of the United the bill (H.R. 3717) to increase the pen- until April 2 of 2004. This will allow States to that end. As Secretary of State Colin alties for violations by television and SBA programs that expire on Monday Powell said on February 26, the day radio broadcasters of the prohibitions to continue to operate. Trajkovski’s plane crashed in Bosnia, the Mac- against transmission of obscene, inde- In particular, these include the sur- edonian President ‘‘leaves behind a legacy of cent, and profane language, which was ety bond program which enables small U.S.-Macedonian friendship that has never referred to the House Calendar and or- businesses to obtain surety bonds in been closer or stronger.’’ dered to be printed. order to bid on government contracts, In closing, let me also express my deepest cosponsorship authority so that the condolences to President Trajkovski’s wife, f SBA can host events or print publica- Vilma, his children Sara and Stefan, and other tions with the private sector, and pro- family members and friends. RECESS curement of assistance that is provided Poverty is a fact of life for as many as 400 The SPEAKER pro tempore. Pursu- to certain small businesses. million Indians who survive on less than $1 a ant to clause 12(a) of rule I, the Chair H.R. 3915 as amended also authorizes day. Illiteracy rates, while decreasing, are still declares the House in recess subject to the SBA to charge fees for the 504 loan high. And the health, economic and security the call of the Chair. program with a certified development challenges posed by the HIV/AIDS virus may Accordingly (at 6 o’clock and 46 min- company until May 21 of 2004. be the most important issue facing India utes p.m.), the House stood in recess b 1945 today. subject to the call of the Chair. Madam Speaker, as our delegation con- This program operates solely based veyed during our recent visit, and I was want f on the fees charged by the SBA to cer- to convey today, the United States is India’s tified development companies. If such partner as she works to address these and b 1943 fees are not extended, there will be no other challenges on the way to realizing her way for certified development compa- potential of becoming a true world power. AFTER RECESS nies to make the type of long-term I returned home with a renewed commit- The recess having expired, the House loans that small businesses rely on to ment to ensure that the United States con- was called to order by the Speaker pro create new jobs. The 504 program oper- tinues to provide economic development as- tempore (Mr. GERLACH) at 7 o’clock and ates totally upon user fees and has not sistance for health care and food for the 43 minutes p.m. received an appropriation since 1996.

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.062 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H991 Unless H.R. 3915 is signed by the Presi- the rules, submitted their applications program restrictions, and we cannot dent soon, the 504 program will shut on time and were approved for a loan, continue to ignore this issue. It is the down on Monday. the Federal Government failed to most pressing issue that the gentleman The ranking minority member and I honor its commitment to them. have jurisdiction over. I thank the have been working together on finding Both fairness and accountability flew Chairman. a solution to the 7(a) problem. Due to out the window when the program was Mr. MANZULLO. I would like to a variety of reasons, unfortunately, shut down and applications were re- thank the ranking member from New that solution is not part of this legisla- turned to small business borrowers. York for entering into this colloquy tion. I pledge to the gentlewoman from Still today these small businesses are and resolving this issue amicably. New York (Ms. VELA´ ZQUEZ) that I will waiting for some relief. When it was re- Ms. VELA´ ZQUEZ. Mr. Speaker, I do everything in my power to see to a opened, the program saw new restric- yield back the balance of my time. resolution in the 7(a) problem as soon tions that are still in place. In its cur- Mr. MANZULLO. Mr. Speaker, I yield as possible. rent state, the 7(a) program fails to back the balance of my time. I urge my colleagues to support H.R. serve the very small businesses Con- The SPEAKER pro tempore (Mr. 3915. gress had in mind when it created this GERLACH). The question is on the mo- Mr. Speaker, I reserve the balance of program in the first place. They are tion offered by the gentleman from Illi- my time. causality of this administration’s lack nois (Mr. MANZULLO) that the House ´ Ms. VELAZQUEZ. Mr. Speaker, I of commitment to small businesses. suspend the rules and pass the bill, yield myself such time as I may con- And that is just plain wrong. We must H.R. 3915, as amended. sume. address this crisis immediately. The question was taken; and (two- Mr. Speaker, it is with great reluc- Our small businesses do not ask for thirds having voted in favor thereof) tance that I agree to the second short much. Yet, they give so much in re- the rules were suspended and the bill, extension of the Small Business Ad- turn. They create jobs in our local as amended, was passed. ministration. We are here today be- community. They pave the way for in- The title of the bill was amended so cause this body has not been able to dividuals to reach the American dream. as to read: ‘‘To provide for an addi- get our job done. All we ever hear from They train our workers and generate tional temporary extension of pro- this administration and the majority new ideas. We should be given back giv- grams under the Small Business Act party is how important small busi- ing back to them what they have given and the Small Business Investment Act nesses are, but when we have a chance to us. And what does this bill give of 1958 through April 2, 2004, and for to do something as simple as ensuring them? It gives them nothing. Now other purposes.’’. small business of the capital they need more than ever, our Nation needs small A motion to reconsider was laid on to survive, no one from the other sides companies to succeed. They are the the table. of the aisle is willing to step up to the driving force of job creation in our f plate. economy. America’s hard-working The administration’s lack of commit- small businesses should be able to APPOINTMENT AS MEMBER TO NA- ment in supporting reauthorizing the count on Congress to improve the TIONAL PRISON RAPE REDUC- Small Business Administration clearly Small Business Administration and its TION COMMISSION demonstrates a disconnect between critical programs. Unfortunately, we The SPEAKER pro tempore. Pursu- what they say and what they are will- are failing. ant to section 7(b)(1) of the Prison ing to do. The administration has no Mr. Speaker, I would like to yield to Rape Elimination Act of 2003 (42 U.S.C. problem depriving thousands of small the chairman of the committee for the 15606), and the order of the House of businesses of the only affordable lend- purpose of entering into a colloquy. December 8, 2003, the Chair announces ing opportunities open to them. They Would the chairman be willing to as- the Speaker’s appointment of the fol- are unconcerned that their decision to sure me that he will work to make lowing member on the part of the cut the 7(a) program jeopardizes over changes to the 7(a) lending program by House to the National Prison Rape Re- one-third of all 7(a) loans. April 2, 2004? duction Commission: This administration could not care Mr. MANZULLO. Mr. Speaker, will Mr. Pat Nolan, Leesburg, Virginia less that thousands of small businesses the gentlewoman yield? f that were guaranteed loans by Small Ms. VELA´ ZQUEZ. I yield to the gen- Business Administration had their tleman from Illinois. SPECIAL ORDERS loans stripped out from under them Mr. MANZULLO. I thank the ranking The SPEAKER pro tempore. Under and may now face bankruptcy. It does member. I will be willing to enter into the Speaker’s announced policy of Jan- not seem to bother them one bit that a colloquy. uary 7, 2003, and under a previous order they are driving lenders out of the 7(a) I will assure the ranking member of the House, the following Members program, leaving even more small com- that I will work with her to make will be recognized for 5 minutes each. panies with no resources to build their changes to the 7(a) lending program by f businesses. You would think that job April 2, 2004 that will resolve the prob- The SPEAKER pro tempore. Under a creation might get President Bush’s at- lems currently affecting the 7(a) pro- previous order of the House, the gen- tention, but his administration is de- gram through the end of fiscal year tleman from New Mexico (Mr. UDALL) nying small businesses access to $3 bil- 2004. I make the sincerest assurance is recognized for 5 minutes. lion in loans this year alone, which will that these negotiations will involve all (Mr. UDALL of New Mexico ad- result in 90,000 lost jobs. relevant parties, including House lead- dressed the House. His remarks will ap- The administration and the Repub- ership and the White House and that pear hereafter in the Extensions of Re- lican leadership may be perfectly com- the gentlewoman and her staff will be marks.) fortable slamming the door shut on involved in such negotiations. I truly small businesses struggling to compete believe that we can solve this problem f in the weak economy, but I am not. together. The SPEAKER pro tempore. Under a The 7(a) program has been on life sup- Ms. VELA´ ZQUEZ. I thank the chair- previous order of the House, the gen- port since January. The Small Busi- man. I appreciate his willing to will- tleman from Michigan (Mr. CAMP) is ness Administration flagship lending ingness to work this issue out in a recognized for 5 minutes. program was first shut down in early timely manner. However, given past (Mr. CAMP addressed the House. His 2004 due to lack of funds. Small busi- experiences with the gentleman and remarks will appear hereafter in the ness owners, some who have put down our so-called agreements, I am sure Extensions of Remarks.) their life savings, some who had plans you can understand my need to make f to expand and hire new employees, this agreement abundantly clear with The SPEAKER pro tempore. Under a some who were going to purchase new the gentleman. previous order of the House, the gen- equipment found themselves left in the Mr. Speaker, small businesses con- tleman from Florida (Mr. BOYD) is rec- lurch. Even though they had played by tinue to suffer under the current 7(a) ognized for 5 minutes.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.145 H10PT1 H992 CONGRESSIONAL RECORD — HOUSE March 10, 2004 (Mr. BOYD addressed the House. His attractive to every single small busi- veterans, and we have those in Iraq and remarks will appear hereafter in the ness owner in America and most large Afghanistan doing once again their Extensions of Remarks.) businesses. Each employee is going to duty in order that we might remain f want to look at this as a way to begin this free and proud Nation. to prepare for their medical future. Mr. Speaker, I come from a very HEALTH SAVINGS ACCOUNTS The important aspect of the health rural district. To say that my district The SPEAKER pro tempore. Under a savings account is that after we estab- is rural is an understatement. The 17th previous order of the House, the gen- lish these large accounts to be used for District of Texas is 33,836 square miles, tleman from New Mexico (Mr. PEARCE) medical purposes for our employees, in fact larger, than six States. is recognized for 5 minutes. and they know it is a part of their es- This talk about the size of my dis- Mr. PEARCE. Mr. Speaker, I rise this tate, they will begin to look at their trict can also give my colleagues an evening to discuss the inclusion of medical decisions with regard to the idea of how far it is to drive for a vet- health savings account in the Medicare amount of money that is coming out of eran to receive health care, in fact how legislation. It is one of the most excit- their health savings account. It is one far it is to get anywhere. In the 17th ing provisions to business owners in of the things that we think will depress District, there is no subway to take a my district. the demands, the arbitrary demand person from one end to another. A taxi Health savings accounts are going to that sometimes goes along with med- ride would take a few hours and be out- change the way that our country looks ical decisions today. rageously expensive, and bus lines do at health care. It is going to change We think that the health savings ac- not run from the bedroom community the way that our companies buy health counts is one of the most important of Ft. Worth to the outskirts of Lub- care. Basically a health savings ac- pieces of legislation passed during the bock. So what does all of this size and mag- count is simply an IRA. It is a medical past year. When employers in my dis- nitude have to do with rural veterans? IRA. It is a medical IRA where we are trict hear about it, they call our office Well, it has a lot to do with them. If allowed to put money in tax free at any and begin to ask can they buy that anyone here has been to my district, age up to $5,500 a year. An employer or now. the plea can make the contribution. they know how long it takes to get The nice thing about the health sav- b 2000 from point A to point B, but to vet- ings account is that it can be taken out Most insurance companies will begin erans in need of health care in West at any age if it is used for medical pur- to have plans this year. Most are say- Texas, a 2-hour drive is not just a jaunt poses. So unlike other IRAs which have ing to me that they will have the plans down the road or a time to think and to be deducted or taken out of the sav- up and running by the mid-year June reflect. For these folks, a long drive is ings accounts after you are 621⁄2, health of 2004. I think that in the future years, a very big challenge. savings accounts can be taken out now as employers and employees alike I am proud to stand by the veterans at any age. It can be used to pay for begin to combine their efforts into the of my district, and again I say, stand premiums, deductibles, co-pays, pre- health savings account, we are going to as a cosponsor of the Rural Veterans scription drugs, medical supplies or find real changes in the way that med- Access to Care Act of 2003. The gentleman from Nebraska’s (Mr. any medical treatments. ical care is paid for in this country, OSBORNE) bill goes a long way to help- The value of this is, Mr. Speaker, and that is the beginning point of most ing to alleviate some of the difficulties that we are going to get to about 30 of the reforms that are going to make faced by rural veterans. I am glad he is percent more buying power with our medical insurance available and afford- stepping onto the field to fight for dollar because we make tax free con- able to all Americans. rural veterans, and I am proud to be tributions into the plan and we can Mr. Speaker, I salute this House in standing with him. take tax free contributions out if we passing the prescription drug bill with I endorse his idea that no less than 5 pay for legitimate medical expenses. the Medicare reforms that included the percent of appropriations to VA health The nice thing also is that it becomes Health Savings Account. care should be used to improve access a part of your estate. It travels with f to medical services for highly rural or you. It is a thing that will go to the geographically remote veterans. next generation if you do not use it. RURAL HEALTH CARE FOR VETERANS Last year, I was deeply disappointed And so it is a way for you to prepare by the leadership’s implicit acceptance for your medical expenses, but if you The SPEAKER pro tempore (Mr. of using veterans’ resources for polit- do not use the account, then it be- GERLACH). Under a previous order of ical expediency. The VA appropriations comes a way for your children to pay the House, the gentleman from Texas bill for fiscal year 2004 broke a promise for their medical expenses. (Mr. STENHOLM) is recognized for 5 min- made to our veterans. The measure I think that the example of my com- utes. contained $1.8 billion less in veterans’ pany is a very good one, Mr. Speaker. Mr. STENHOLM. Mr. Speaker, I am health care than was promised last We used to have a company with 50 em- proud tonight to stand and take these year by the Republican leadership in ployees. Almost every year we gave bo- 5 minutes in support of the Rural Vet- the budget resolution. We all know nuses to employees. I would tell you erans Access to Care Act of 2003 intro- that the leadership’s first priority dur- that if we still owned the business, duced by my good friend the gentleman ing the budget negotiations last year that we would begin to pay those bo- from Nebraska (Mr. OSBORNE). I am was achieving large tax cuts. nuses sometimes 2, 3, 4, and $5,000 a just happy to say I am glad to be in his Along with several of my colleagues, year into the health savings account. line-up tonight. we warned that the commitments made That way we could begin to have the Mr. Speaker, I rise today to speak for increasing funding for veterans’ employees use tax free money to pay about an issue that is very important health care, along with large tax cuts, for their premiums in the program, and to me, the health care of rural veterans could not be kept. For this reason, I if they used the medical services to pay and the challenges that these patriotic supported a smaller tax cut that would for their deductible, so with tax free Americans who have so proudly served allow the promise to be honored. We money. our Nation in times of war today face. were later informed that the commit- Now, if I am paying $5,000 a year into I am proud to address their concerns ment would be honored, but when it an account for every employee, 2 or 3 about access to health care and the came time to act, the leadership found years down the road, each employee unique obstacles they face for medical they could not keep this promise, along would probably have 10 to $15,000 in treatment. with the large tax cut after all, but their medical savings account, their Why is this so important? The answer that was last year. health savings accounts. At that point, is very simple. We owe these brave men I am hopeful that 2004 will bring I would begin to shop for $5,000 deduct- and women who fought for our freedom greater sense to those in power. I pray ible rather than $500 deductible. The and defended our liberty, including that 2004 will bring greater loyalty to resulting collapse in premiums is those who are doing so tonight as I those who were told that they will be something that I will guarantee will be speak. Today’s soldiers are tomorrow’s remembered.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.150 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H993 I think it is important to remember at the facility and a day back, and the through capital investment. In other that today’s fighting men and women problem is that usually transportation words, building new facilities is not are tomorrow’s veterans. is very difficult to access. A person has nearly as efficient as letting them use A recent issue that highlights the to have a son or a daughter or a friend preexisting local clinics or hospitals. It challenges facing rural veterans is the or somebody who can take off work for provides flexibility to add and dis- CARES Commission’s recommendation 2 days or 3 days to provide that trans- continue services as needed and allows recently that the West Texas VA portation. So it is a tremendous hard- VA to provide services in areas where health system, the VA hospital in Big ship on a number of people. the small workload may not support a Spring, Texas, should be closed. Often, all a veteran needs is to adjust VA infrastructure, which is very much I represented Big Spring up until the medication, have a blood pressure test, the case in my district and in the gen- redistricting in 2001 removed it from receive an EKG or take a blood anal- tleman from Texas’ (Mr. STENHOLM), my district, but now my interest in ysis. So these are very simple, routine and this was for highly rural veterans. this issue is just as strong today as it matters that still take tremendous re- During the hearings, the CARES was when I represented Big Spring. sources to have attended to. Routine Commission received testimony stat- Most of the population that uses the medical care could be handled at the ing that contracted care improves ac- Big Spring VA center is to the east, local hospital or clinic where that per- cess and that there was little dis- specifically in the population areas son resides or near where that indi- satisfaction with contracted care. around Abilene and San Angelo where vidual resides, and this would require Therefore, I urge my colleagues to sup- two Air Force bases fuel the veteran minimal travel time, minimal waiting port H.R. 2379 and help our rural vet- and retiree residents. time for an appointment because some- erans as they access VA health care. Given this fact, it only takes plain times these appointments, you have a f common sense to see that the Big waiting time of 3, 4, 5, 6 months and The SPEAKER pro tempore (Mr. Spring VA is well-positioned to keep also minimal expense. BURGESS). Under a previous order of the promise made to our veterans and So I looked at various options to ad- the House, the gentleman from Colo- military retirees for health care. dress this problem and developed H.R. rado (Mr. MCINNIS) is recognized for 5 I have had some folks ask me why we 2379, the Rural Veterans Access to Care minutes. are in such the forefront of this chal- Act. H.R. 2379 would encourage the VA (Mr. MCINNIS addressed the House. lenge. My answer to them was three- to use its authority to contract for rou- His remarks will appear hereafter in fold: So many of the veterans in my tine medical care with local providers the Extensions of Remarks.) district are treated in the Big Spring for geographically remote veterans VA hospital; all the veterans and mili- who are enrolled in the VA. They must f tary retirees of this country deserve be enrolled in the VA previously in IN SUPPORT OF RURAL VETERANS the best health care and benefits we order to access the provisions of this ACCESS TO HEALTH CARE ACT can give them; and that we are in very bill. OF 2003 much dedicated to seeing that just that So how will it be funded? The VISN happens. director will use the funding for acute The SPEAKER pro tempore. Under a I was pleased to participate in a or chronic symptom management, non- previous order of the House, the gen- meeting with VA Secretary Anthony therapeutic medical services and other tleman from Hawaii (Mr. CASE) is rec- Principi that was called by Senator medical services as determined appro- ognized for 5 minutes. KAY BAILEY HUTCHISON. The meeting priate by the director of the VISN after Mr. CASE. Mr. Speaker, good evening was very productive and allowed me to consultation with the VA physician re- and aloha. assert my belief that the Big Spring sponsible for primary care for the vet- I am very happy to stand on the floor VA needs to be both kept opened and eran. of the House today and join my col- strengthened for rural veterans of West H.R. 2379 sets aside 5 percent of the leagues the gentleman from Nebraska Texas. appropriated VA medical care alloca- (Mr. OSBORNE), the gentleman from I understand the need for our govern- tion in each VISN to be used for rou- Texas (Mr. STENHOLM) and many others ment agencies to periodically review tine medical care for geographically re- in introducing the Rural Veterans Ac- missions, goals and facilities, but such mote veterans. We are talking about cess to Health Care Act of 2003. reviews need to be deeper than number taking just 5 percent of the funding We are all very well aware of the crunching. and setting it aside for veterans who commitment that we have made, at Mr. Speaker, I am proud to stand in live at some significant distance from least in principle, although the prac- support of the bill. I believe it goes a a VA facility. tice has been lacking of recent years, long way to getting more people to rec- H.R. 2379 uses 60 minutes travel time but the principle that we will take care ognize the importance of health care or more as an initial determinant, but of veterans when they come home. The for rural veterans, as well as all vet- there is also an exception to the legis- truth, however, is that as we try to erans. lation if the VA finds it is a hardship honor that principle and the practice, the equality of access to health care f for a veteran to travel to a VA facility, regardless of how long it will take. It is throughout our country is incon- INTRODUCTION OF RURAL conceivable that somebody might live sistent, and this is most particularly VETERANS ACCESS TO CARE ACT only 30 or 40 minutes away but because true in the rural areas of our country. The SPEAKER pro tempore. Under a of age or severity of illness or whatever In these areas, our veterans simply do previous order of the House, the gen- it may be much more convenient to at- not have the same level of access to the tleman from Nebraska (Mr. OSBORNE) is tend a closer facility that would en- veterans’ health care as they do in the recognized for 5 minutes. hance that person’s health. urban areas. Mr. OSBORNE. Mr. Speaker, I would I want to assure veterans, this legis- This is true in Hawaii’s 2nd District, like to thank the gentleman from lation is not a voucher program. My which is a rural area of our country, Texas for his kind words and his sup- legislation allows only enrolled vet- just as others are, but we have a little port. The gentleman from Texas (Mr. erans who have been approved by the wrinkle in the 2nd Congressional Dis- STENHOLM) and I share very similar VA to seek routine care from a local trict that creates a unique complica- Districts, very large districts. provider. tion. The wrinkle is that my district is My district has 68 counties, 160,000 Reducing demands for routine care not contiguous. It is made up of is- square miles. It is the third or fourth could also help with appointment back- lands. It is not possible for the vet- largest district in the United States. logs in VA facilities, which are signifi- erans of my district to hop on the near- As a result, veterans who need health cant at this time. est road and get to the nearest clinic. care must often travel several hours, According to the CARES Commission It is not possible for the most part for sometimes hundreds of miles, to access report, the benefits of contracting are, my veterans to hop on the nearest VA health care. Sometimes this is as it can add capacity and improve access ferry to get to the nearest clinic. Their much as a 3-day trip, a day down, a day faster than can be accomplished access is by air.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.152 H10PT1 H994 CONGRESSIONAL RECORD — HOUSE March 10, 2004 There are some VA medical clinics on cusing on in this bill, is our rural vet- but not caseload increases, the administra- many of the islands that I represent. Of erans, recognizing the unique problems tion’s figures reveal that over the next 5 years, the seven inhabited islands, four have that they have in access to basic the budget for appropriated programs for vet- VA clinics; three do not. The islands of health care. erans is $13.5 billion below the amount need- Molokai, Lanai and Niihau do not, and Mr. Speaker, I rise today to join 52 of my ed to maintain programs and services at the these are the particular problems that colleagues in support of this vital bill, a bill that 2004 level. Even the Secretary of Veterans’ this bill seeks to address. will help keep our Nation’s promise to its vet- Affairs has admitted that the funding levels for But it is not limited only to those is- erans who live in our more isolated, rural 2006 through 2009 in the President’s budget lands. For the islands that do have VA areas. may not be realistic. I have no doubt that it will clinics do not have the large special- We are all well aware of the commitment we be the rural veterans who will be affected the ized hospitals. There is only one of all, as a great country, have made to our vet- most. them on the island of Oahu. So for six erans. However, the truth is that our ability to Contrary to what some critics claim, H.R. out of the seven islands, the veterans deliver on this commitment varies throughout 2379 will not harm the Veterans’ Affairs (VA) that live on those islands have a par- the United States. Most particularly, in rural healthcare system. Instead, this bill will en- ticular difficulty in getting to treat- areas of the country, our veterans simply do hance access to healthcare for veterans who ment when they need it, and with air- not have reasonable access to veterans’ clin- have earned it, but are having to pay to travel fares rising rapidly, with a round trip ics. to that care. Furthermore, by contracting lo- now well over $200 in some cases, we The veterans of Hawaii’s Second District cally for health care for enrolled veterans, the can see that the problem is quite evi- have this very challenge, but with a unique rural communities that provide these services dent. complication. This is because my district is not will benefit economically. H.R. 2379 is a nec- Let me give my colleagues just a real contiguous, but composed of seven inhabited essary bill to truly fulfill this country’s obliga- life example, one proud veteran who I islands in the middle of the Pacific Ocean. tion to all veterans. have gotten to know over the last cou- There are VA medical facilities on only four Mr. Speaker, as the President has repeat- ple of years, a gentleman by the name of those islands, and it is not possible for edly declared: ‘‘We are currently a country at of Patrick Esclito, of the island of those veterans who live on the remaining is- war.’’ Hundreds upon thousands of this Na- Lanai. Pat asked for my office’s help lands of Molokai, Lanai, or Niihau to drive to tion’s finest men and women are abroad in last year. He had rheumatoid arthritis a clinic. The same is true of those living on support of the Global War on Terrorism. Some and had also suffered a massive heart the remaining islands with clinics; they must 4,500 soldiers from the 25th Light Infantry Di- attack in 2002. His condition required travel to Honolulu for more advanced treat- vision from Schofield Barracks in Hawaii have him to drive from Lanai, one of the ment. deployed to Iraq; another 5,400 soldiers from smallest, most isolated areas, to Oahu Currently, the VA will reimburse all veterans the 25th will soon be deployed to Afghanistan. where he was able to be cared for. for travel to service-related injuries, but it will Reservists and Guard members from my Every time he went there he had to pay not reimburse travel for those veterans with State, many from my Second District, are also almost $300 in airfare and his wife as less than 30 percent disability rating for non- serving on Active Duty. What kind of message does our country’s well because they did not want him to service-related injuries. This would be the failure to provide access to healthcare for rural travel alone. case, for example, of a veteran who has a bad veterans send to the thousands of American As my colleagues can understand, he back, a service-related injury, who then has to men and women in uniform currently risking needed assistance in getting the basic have dental work. their lives overseas? Our veterans and our fu- health care that was promised to him Let me give you a real-life example of one ture veterans serving overseas deserve better. by our country, and we were successful, proud veteran, Patrick Esclito, who lives on If we value all our veterans, we need to give in part, by accommodating the possi- the Island of Lanai. Pat requested my help last them the respect they deserve by properly bility that he would be treated instead year; he was afflicted with rheumatoid arthritis and had also suffered a massive heart attack funding full and adequate access to healthcare on the island of Maui, which still re- for each and every one. quires a boat ride at least, not quite as in 2002. His condition required him to travel to expensive, but he still has to get there, the Island of Oahu for treatment at a cost f and I doubt that Pat’s case is unique. It close to $300 per roundtrip. His wife traveled RURAL VETERANS HEALTH CARE is certainly not unique in the remain- with him—another almost $300—because they The SPEAKER pro tempore (Mr. der of the 2nd District of Hawaii. were both concerned with his traveling alone. BURGESS). Under a previous order of I surveyed all of the veterans in my My office assisted him in receiving approval the House, the gentleman from Ne- district currently retaining or receiv- for treatment instead on the Island of Maui. braska (Mr. BEREUTER) is recognized ing benefits in the last couple of However, he still must pay for travel by boat for 5 minutes. months and asked them what is on from Lanai to Maui because his ailments are Mr. BEREUTER. Mr. Speaker, this your mind the most. Every single one not service-related. Member rises today to join the distin- of them said health care, access to Pat’s case is not unique. There are 120,000 guished gentleman from Nebraska (Mr. health care. That is what it is all veterans living in the State of Hawaii, and OSBORNE) in his Special Order to high- about, and I am sure that this is the many live in areas with no easy or even ade- light the health care challenges that case in most of the rural and more iso- quate access to the VA health clinics to which rural veterans face when attempting to lated areas of our country. they are entitled. Throughout my Second Dis- access care through the Department of We are going to have a great debate trict, with the cost of air travel skyrocketing, it Veterans Affairs. this Congress, as we did last Congress, costs $200 or more for a round trip plane tick- For many years, this Member has over the overall adequacy of our treat- et between Hawaii’s islands. been far from satisfied with various ac- ment of our veterans, over the overall This is why, when, last year, I surveyed all tions of the U.S. Department of Vet- adequacy, both this year and in the veterans in my district who are currently re- erans Affairs, such as, one, the use of next 5 years at least, in terms of the ceiving VA benefits, and asked them what was the health care allocation formula in- budget, in terms of the projections on and was not working, their number one issue stituted by the Clinton administration many aspects of veterans’ care, pri- by far was access to health care. I am sure and continuing to this day, which in ef- marily health care. that this is the case in most rural areas of our fect penalizes veterans in sparsely set- country. tled States like Nebraska; number two, b 2015 This bill will allow all veterans to receive the reorganization of the Nebraska- And that debate is a debate that we adequate access to health care, regardless of Iowa region into a larger region should have. Because, again, it is one where they live in this great country. Nonethe- headquartered in the Twin Cities of thing to express a principle and it is less, the President’s 2005 Veterans’ Affairs Minnesota; three, the end of inpatient another thing to practice that prin- budget provides $29.8 billion for appropriated hospitalization in the Lincoln and ciple. But as we go through this debate, veterans programs, $257 million below the Grand Island, VA hospitals; and, four, I am happy to say that on the floor of amount that the Congressional Budget Office the current procedural difficulties for the House tonight at least we have bi- estimates is needed to maintain purchasing veterans to have prescriptions filled. partisan agreement that one area that power at the 2004 level. The picture is even In total, these faulty decisions have we have to focus on, and that we are fo- worse after 2005. Taking into account inflation, amounted to discrimination against

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.155 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H995 veterans in rural areas. First, due to discretion to address rural access pear hereafter in the Extensions of Re- the closure and consolidation of vet- issues as best fit each VISN. If a VISN marks.) erans health care facilities in Ne- would be unable to use all of these f braska, veterans in rural areas fre- funds from this account, the VISN JOBS quently travel several hours simply to would not be allowed to retain unused receive the basic services for which funds. Instead, the Secretary of Vet- The SPEAKER pro tempore. Under a they are entitled and are eligible. As a erans Affairs would then have the op- previous order of the House, the gen- result of this travel, they must incur portunity to reallocate those funds to tleman from Ohio (Mr. BROWN) is rec- transportation costs such as overnight other VISNs closely nearby or any- ognized for 5 minutes. accommodations which other veterans where that is rural and geographically Mr. BROWN of Ohio. Mr. Speaker, are not expected to incur for the same remote. the President flew Air Force 1 to Cleve- services. Furthermore, requiring elder- All Members of Congress should land today to campaign in my home ly and frequently sick or incapacitated agree that the VA must provide ade- State of Ohio, talking with 700 or 800 veterans to travel on Interstate 80 or quate services and facilities for vet- female small business owners. While other very busy roads and highways is erans all across the country regardless the President came and talked about not only unfair to them, but also of where they live, in sparsely settled small business and job creation and all places them and other citizens at risk. areas with resultant low-usage num- that he wants to do in a State which The severity of this problem was bers for VA hospitals. There must be at has suffered the worst or second worse brought to this Member’s attention by least a basic level of acceptable na- job loss in the country, the President, a January 2002 Lincoln Journal Star tional infrastructure of facilities, med- at the same time, and this Congress article featuring one Nebraska veteran ical personnel and services for meeting today, this House today considered this the very real medical needs faced by who served in the Navy during World legislation, is slashing $94 million from our veterans wherever they live. There War II. Three years after he was diag- a loan program essential to small busi- must be a threshold funding level for nosed with several diseases, his wife of ness development. He has shrunk the VA medical services in each State and 49 years could no longer care for her size of the Small Business Administra- region before any per capital funding tion. husband. She said that putting her hus- level is applied. This President basically treats small band in a nursing home was the hardest Furthermore, I support H.R. 3777, the business one way, with very little as- thing she had ever had to do in her en- Healthy Vets Act of 2004. This Member sistance, and large businesses, like the tire life. Medicare and a private insur- is also a cosponsor of this legislation, Halliburton Corporation, which still ance supplement cover doctors’ ex- introduced by our colleague, the distin- pays Vice President CHENEY $3,000 a penses, and the couple uses their re- guished gentleman from (Mr. month from their payroll, the Halli- tirement savings to pay for the $4,000 MCINNIS). burton Corporation, very differently. monthly nursing home cost. This measure would allow those vet- The President really does not get it However, additional expenses include erans in rural areas which are geo- when he comes to a State like Ohio, a $1,000 a month to cover the cost of graphically inaccessible to the nearest State where we have lost 166,000 manu- seven prescription drugs that this vet- VA medical facility to enter into con- facturing jobs since he took office, eran must take to stay alive. Although tracts with community health care 300,000 jobs overall since he took office; he qualifies for a prescription drug ben- providers on a fee basis to receive pri- one out of six manufacturing jobs in efit through the VA, in order to obtain mary health care in their own commu- the State of Ohio has simply dis- this benefit, the drugs must be pre- nities. This authority would allow appeared in the last 3 years. The Presi- scribed by a VA doctor at VA-approved rural veterans to receive preventive dent’s solution to all of this is contin- facilities. As a result, this veteran regular medical attention without ued tax cuts for the most privileged must travel 50 miles every 6 months in being forced to travel what is too often people, with the hope that some of that order to have prescriptions reauthor- a prohibitive distance to seek such money will trickle down and create ized. care. jobs. Now, because that veteran is 74 years In spite of the fact that each Con- The other solution the President has old, confined to a wheelchair, suffers gress sets a new record on the amount is more trade agreements, NAFTA-like serious blood clots which prohibit him of appropriation for veterans health trade agreements, that ship jobs over- from traveling, this 50-mile trip often care, there have been cutbacks in the seas; that hemorrhage jobs to Mexico, proves to be impossible. access veterans in rural areas have to to China, and all over the world. He With the struggles of this veteran adequate health care, while there have continues, as he campaigned in Cleve- and many others in mind, this Member been advances in other geographic land today to those small business expresses his strongest support for H.R. areas. The health care needs of our owners, he continued to say more tax 2379, the Rural Veterans Access to military veterans must be met to the cuts for the most privileged and more Health Care Act for 2003. Indeed, this fullest extent possible. Veterans served trade agreements. And, clearly, for 3 Member is a proud cosponsor of this in our armed services to protect our years that has not worked. One-sixth of measure, which was introduced by my freedom and our way of life. As they our manufacturing base is gone in Ohio colleague, the distinguished gentleman served our Nation at a time of need, and about one seventh of the manufac- from Nebraska (Mr. OSBORNE). He is to the Federal Government must remem- turing base around the country. be commended for crafting this legisla- ber them in their time of need. The That was really brought home to me tion, which addresses a critical prob- debt of gratitude the people the U.S. last week. I was in Akron, Ohio, speak- lem about which our constituents in owe to our veterans surely means we ing to a group of owners of machine Nebraska are increasingly expressing should assist the veterans wherever shops, about 60 people. And a gen- their concerns. that need exists. tleman came forward and he dropped a Through H.R. 2379, no less than 5 per- Finally, Mr. Speaker, this Member stack of brochures, leaflets like this. cent of the total appropriated funds for remains committed, I would say, to en- He dropped about four times this health care would be dedicated to ad- suring that Nebraska veterans receive many, and he said this is what I get in dress veterans health care access prob- the benefits they deserve, benefits they about a month in the mail from compa- lems in highly rural or geographically had expected and which the American nies around the country. And these remote areas. As amended by this bill, people said they want to deliver. I urge stacks of brochures, these stacks of highly rural or geographically remote support of H.R. 2379 and H.R. 3777. leaflets are auction notices for compa- would apply to areas in which the vet- f nies going out of business. Every one of erans have to drive at least 60 minutes The SPEAKER pro tempore. Under a these represents a company that is or more to a VA health care facility. previous order of the House, the gen- going out of business or is downsizing Each Veterans Integrated Service Net- tleman from Pennsylvania (Mr. PETER- as a result of the Bush recession. work, that is called VISN, director SON) is recognized for 5 minutes. Here is one plant. Closed, everything would receive an equal level of funding (Mr. PETERSON of Pennsylvania ad- sells. Here is another one from Mans- from this account and then have the dressed the House. His remarks will ap- field, Ohio. Two complete stamping

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.157 H10PT1 H996 CONGRESSIONAL RECORD — HOUSE March 10, 2004 and machine tool shops. They are clos- Mr. STUPAK. Mr. Speaker, I rise to- seek routine health care closer to ing and selling. From North Carolina, night in support of rural veterans and home. public auction. Plant closing. Every- in support of H.R. 2379, the Rural Vet- H.R. 2379 sets aside 5 percent of each thing must sell. From Marion, Ohio, erans Access to Care Act of 2003. I VA region’s medical care allocation to complete shop close-out auction. From would like to thank the gentleman be used for routine medical care for Cuyahoga Falls, Ohio, in my district, from Nebraska (Mr. OSBORNE) for his highly rural or geographically remote absolute auction. Everything is going. leadership on this issue. veterans. The legislation would allow From Scottsboro, , precision No veteran should ever have reason rural veterans to be closer to their job shop downsizing. Another one here to doubt America’s gratitude for his or health care providers, rather than trav- for a CNC machining tool room and her service to the Nation and to the eling hundreds of miles for an appoint- production machinery. Excess equip- cause of freedom. America’s veterans ment at the VA, which could be espe- ment due to corporate outsourcing. deserve nothing less than our highest cially dangerous during inclement Excess equipment due to corporate gratitude, our deepest respect, and our weather. outsourcing. President Bush’s top eco- strongest support. Veterans from rural In Michigan, I will also continue to nomic adviser the other day said areas, like my district, deserve nothing work to open a community-based out- outsourcing is a good thing when these less than their comrades living in more patient clinic in Gladstone. Over 2 plants move overseas and they ship populated areas. years ago, the VA announced to open jobs overseas, because it makes our Michigan’s First Congressional Dis- the CBOC, as we call them, in Glad- businesses more efficient. Tell that to trict has the highest population in any stone. Yet during every successive the 50 or 60 workers that worked at congressional district in Michigan. round of CBOC openings across the this plant when the owners of this There are 65,000 veterans in my dis- country, somehow our region just can- plant say excess equipment, we are trict, one-fifth of all the veterans in not seem to get Gladstone funded. It is selling due to corporate outsourcing. the State of Michigan. estimated a Gladstone CBOC would From Massachusetts, a large-capac- b 2030 provide much needed basic health care ity fabricating and machine shop clos- to our veterans, in fact, to approxi- ing. Another one from Chicago. Six They live over a huge area. The mately 750 veterans alone in its first CNC lathes, 12 chuckers, 22 bar ma- Upper Peninsula alone spans 450 miles year of operation. This facility is crit- chines sold. Surplus to the continuing from east to west. While the VA pro- ical towards keeping our promise to operations. They have lost businesses vides wonderful care in northern Michi- those who serve our country so well. and they are selling most of their gan, it is far too hard for veterans to I think today, Americans have a equipment. Here is another one. Three access health care. Recently, a Viet- deeper understanding of the sacrifices days, two tremendous public auctions. nam veteran from the Upper Peninsula of our military personnel than at any Machinery, equipment, and real estate. had to go to Milwaukee, Wisconsin, for time in recent history. Our commit- Plant’s closed, everything must go. the treatment that he needed. Mil- ment to veterans must be more than Real estate for sale. Here is another waukee is a long way from home, so just waving the American flag in times one that says Dominion Castings our veterans go as far as the Iron of armed conflict and recognizing them Foundry, equipment machine facility. Mountain VA Medical Center, and they on national holidays. We owe it to our Plant closed, everything sells. Another spend the night there. The next day veterans to do more. We must be pre- one from Baltimore, . Com- they are put on a bus and they are pared to take their battle-borne scars plete facility selling. Another, 5-day shipped down to Milwaukee, Wisconsin. of war and military service throughout public auction. Plant closing due to re- And that is repeated once their treat- their lifetime, and make sure they location. Another one, on and on and ment is done, whether it is 1, 2 or 3 have the quality of service they need. on. This company is closing for the days. They are put back on a bus, they Today I was visited by a couple from same reasons. go back to Iron Mountain, Michigan, Chassel, Michigan, representing the Now, Mr. Speaker, it is bad enough and then they spend the night and go VFW. They handed me the VFW’s pri- that these places are closing and the on home. orities for the coming year. We can see President’s response is more tax cuts. It is outrageous that they have to here the VFW priority goals for 2004. It That is not working. More trade agree- travel so many miles, in some case 450 says veterans health care now, we ments hemorrhaging jobs overseas. miles, just to get treatment. At best earned it. If you look at it, it says the That is not working. That is bad the distance is an inconvenience. At number one priority of veterans is enough, but there are 800,000 Ameri- worst, it puts veterans’ lives at serious health care. They say underfunding of cans whose unemployment compensa- risk. I had another case where a retired the VA budget, 6-month waits to see a tion has expired in the last 3 months. Navy veteran from Sault Ste. Marie doctor, denial of care to category 8 vet- That is 800,000 workers, 800,000 families had surgery at the VA Medical Center erans, little or no long-term care, little living in communities around this in Milwaukee to treat his cancer. After or no mental health care, and millions country; and the President and this surgery, he was transported via van all of fed-up veterans. Congress, the Republican leadership in of the way back to Sault Ste. Marie, Well, those of us who represent rural this Congress, will not extend their un- 379 miles away. The next morning, his areas, and no matter where veterans employment compensation. That is spouse had to take him to the emer- are, we believe they should be taken morally wrong. It is bad for our coun- gency room in Sault Ste. Marie, Michi- care of. There are special challenges try, it is bad for our communities, it is gan, and the emergency room could not for rural veterans, and we stand here bad for our families, and it is bad for help him. The nearest VA medical cen- tonight to urge this Congress to pass our workers. ter in Iron Mountain could not help H.R. 2379 to take care of all of our vet- f him either, so he had once again to be erans, but especially those of us who The SPEAKER pro tempore. Under a shipped by ambulance 379 miles down have veterans who live in our rural dis- previous order of the House, the gen- to Milwaukee, Wisconsin. tricts. Mr. Speaker, we cannot have vet- tleman from Idaho (Mr. OTTER) is rec- f erans being shipped back and forth ognized for 5 minutes. CARBON DIOXIDE CONTRIBUTES (Mr. OTTER addressed the House. His across state lines. It is dangerous, and TO CLIMATE CHANGE remarks will appear hereafter in the it is just not right. These two constitu- Extensions of Remarks.) ents represent the challenges faced The SPEAKER pro tempore (Mr. every day by rural veterans across this f BURGESS). Under a previous order of country. Congress needs to act to ad- the House, the gentleman from Mary- RURAL VETERANS HEALTH CARE dress the specific needs of rural vet- land (Mr. GILCHREST) is recognized for 5 The SPEAKER pro tempore. Under a erans. That is why I am a cosponsor of minutes. previous order of the House, the gen- H.R. 2379, the Rural Veterans Access to Mr. GILCHREST. Mr. Speaker, I did tleman from Michigan (Mr. STUPAK) is Care Act of 2003. The legislation would not come here to talk about veterans, recognized for 5 minutes. allow veterans to enroll in an option to but I will add my voice to the chorus of

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.160 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H997 voices tonight to endorse the legisla- those elements naturally occurring in in the fiscal year 2005 budget is only tion put forth by the gentleman from the world, naturally occurring in the $1.2 billion over the amount enacted in Nebraska (Mr. BEREUTER) and state atmosphere that balances the heat for 2004. It is proposed that we allow $29.7 that veterans deserve fundamental, the climate. When we infuse a signifi- billion to meet the medical care needs sound health care in this country. Vet- cant amount of carbon dioxide into the of the over 4.2 million people treated in erans’ families also need that kind of atmosphere, the climate begins to VA health care facilities each year health care because veterans fought for warm faster. In fact, the EPA and across the country. their families in foreign wars. As we other scientific institutions in the I believe that we need to take care of move forward with health care, remem- United States say that over 90 percent our veterans’ needs first before we send ber the veteran, remember the vet- of the CO2 released in the United our money overseas to help foreign eran’s mother, remember all those in States comes from burning fossil fuel. countries. Veterans deserve the benefit rural areas that we can work collec- What I would like to point out, Mr. of full funding of their health care sys- tively to find ways to manage health Speaker, is this chart that actually tem. I believe, along with a number of care in urban, suburban and rural goes from 1750 up to the year 2000. We my colleagues, that we need to reduce areas. can see from 1750, 1800, 1850, burning the amount for international affairs in However, I came here tonight to talk fossil fuel was minimal, so we do not the concurrent budget resolution and increase the funding for veterans bene- about this lump of coal. This lump of increase CO2 in the atmosphere very coal and coal throughout the world for much. But once we get into the 1900s, fits and services by at least $3 billion so that we can improve veterans’ the last several hundred years has pro- especially 1950, CO2 increases in the at- vided heat, warmth, security and in re- mosphere from burning fossil fuels has health care. I repeat, decrease foreign aid by at least $3 billion and increase cent times electric power which has had a dramatic effect. CO2 is a natu- transformed civilization. Coal has rally occurring element in the world. veterans health care by at least $3 bil- fueled the modern era. Coal is made up When we increase that element by the lion. mostly of something called carbon. magnitude that we have, we have the In fact, I would gladly support in- Coal has been developed on our planet potential for climate change. creasing VA health care by $4 billion or naturally by geologic forces over mil- $5 billion. I have had a great deal of f lions of years. As the carbon on the contact with many of our veterans over The SPEAKER pro tempore. Under a surface in the form of animals, plants, the last few months, and the sentiment previous order of the House, the gentle- vegetation, rocks, you name it, gradu- among them is that their health care is woman from the District of Columbia ally deteriorated, was forced under- being shortchanged. Over the years, we (Ms. NORTON) is recognized for 5 min- ground, in some cases in mountainous have supplied billions in foreign aid to utes. areas, in other cases, flat areas, but ba- countries like Peru and Iraq. We gave (Ms. NORTON addressed the House. sically was forced underground, some- them millions upon millions of dollars. Her remarks will appear hereafter in Also Ethiopia, South Africa, Mexico, times 100 feet, sometimes miles. the Extensions of Remarks.) When this lump of coal, which is Indonesia, to name only a few. In fiscal year 2005, the proposed budg- made mostly of carbon, was locked up f et for international affairs will in- underground over a long period of time, FUND VETERANS HEALTH CARE crease discretionary spending to $31.5 it took an element out of the atmos- billion, a 7.5 percent increase from fis- phere called carbon dioxide, CO , and The SPEAKER pro tempore. Under a 2 cal year 2004, and approximately two- locked it away. Over eons of time, previous order of the House, the gen- thirds of that goes to foreign aid. these geologic forces, whether there tleman from Virginia (Mr. GOODE) is recognized for 5 minutes. I believe that we must carefully was a lot of CO2 in the atmosphere or Mr. GOODE. Mr. Speaker, first, I evaluate and prioritize our funds. We much less CO2 in the atmosphere, the want to salute coach the gentleman have a responsibility to support our geologic forces changed the climate. veterans and to provide them with the Now the most recent climate change from Nebraska (Mr. OSBORNE) and ex- press my appreciation to him on his best possible health care and to ensure came about 10,000 years ago when the that veterans have access to that care. Ice Age ended. As the Ice Age ended, we leadership on the Rural Veterans Ac- cess to Health Care legislation. We need to start prioritizing our needs moved into a warming trend. Over the as a Nation above those of foreign last 10,000 years, the rate of warming A concern that I have with veterans health care is the lack of access rural countries which have not always stood has been about 1 degree centigrade by us. The veterans have stood by us. every 1,000 years on a steady rate. That veterans experience in seeking treat- ment at a VA facility. I represent a They have carried the fight for us. is 1 degree centigrade every 1,000 years. They have made America great. We largely rural area of Virginia in which Since we have been burning coal, need to fund them. over 60,000 veterans reside. In the Com- which is carbon and then it turns into Mr. Speaker, we do not need to fund monwealth of Virginia, over 96,000 vet- CO2, we have been releasing into the the foreign countries that have not erans were treated last year at a VA fa- atmosphere the amount of CO2 in dec- stood by us. I will not read the whole ades what it took nature to lock up cility. There are only three VA medical list, but there is a long list of recipi- over millions of years. centers located in Virginia to serve ents of foreign aid, and they have not So in the last 150 years, the earth has these deserving and eligible veterans. been at our side recently, and have warmed about 1 degree centigrade. Pre- The VA has worked hard to expand often not been at our side in the past. vious to that time, the earth had been their services, and they have opened Let us fund veterans and not fund for- warming 1 degree centigrade every three community-based outpatient eign countries who have not helped us. 1,000 years. Since we have been burning clinics, four vet centers, and six mental f fossil fuel, we have been warming the health satellite clinics throughout the surface of the earth’s temperature, re- State. Unfortunately, more is needed. VETERANS HOSPITALS ducing glaciers, thinning the ice cap in The Salem, Virginia VA Medical Cen- STRUGGLING TO MEET DEMANDS the Arctic Ocean by about 40 percent. ter, serving southwest Virginia has The SPEAKER pro tempore. Under a The American Geophysical Union, the identified the lack of access to care for previous order of the House, the gen- National Academy of Sciences, a group rural veterans as a big challenge that tleman from Maine (Mr. ALLEN) is rec- of scientists which President Bush ap- it faces. They provide services for at ognized for 5 minutes. pointed, has confirmed that the earth least 11,000 enrollees in my district Mr. ALLEN. Mr. Speaker, the men from human activity has been warming alone each year. It is essential that and women of the Armed Forces serve fairly significantly over the last 100 more community-based outpatient this country honorably. They put their years, but especially over the last 50 clinics be established to accommodate lives on the line in order to protect our years. our Nation’s veterans living in rural freedom and our values. We owe them Carbon is locked up in this piece of and outlying communities. our gratitude, and they deserve to be coal. When this piece of coal burns, it I am very concerned that the pro- recognized and fairly compensated for releases carbon dioxide which is one of posed increase for veterans health care their service.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.164 H10PT1 H998 CONGRESSIONAL RECORD — HOUSE March 10, 2004 b 2045 benefit from the same accessibility to Mr. Speaker, this body will soon take They also deserve to receive the ben- services that veterans in more urban up the issue of transportation funding. efits and the health care that they areas enjoy. In Maine, the VA staff did Transportation is important. It is im- need and have earned. town hall meetings throughout the portant to our economy; it is impor- We are all aware of the crisis facing State to develop a market plan for the tant to jobs. But before we sign a huge VA health care. Veterans are waiting VA CARES process, and this plan rec- check drawn on the bank account of unconscionable lengths of time for ap- ommended five new community-based American families, should we not do pointments. The President’s now out- outpatient clinics in rural areas to im- everything that we can to ensure that of-date Web site claims his fiscal year prove access, in addition to collabo- every dime of transportation funding 2004 budget, the year we are in, which rating with the State’s successful tele- goes to roads, and not rip-offs? Congress increased by $1.3 billion last medicine program and to the continued Let me give you just a few examples. year, would enable the VA to eliminate use of contract care. The Department of Transportation has the waiting lists by the summer of 2004, I urge my colleagues to take to heart historically squandered the hard- this summer. Well, that is not the these difficulties faced by veterans in earned money of American families. truth. That is not going to happen. In- rural areas. Expanding access to care, Roughly two-thirds of Boston’s ‘‘Big stead, VA hospitals are struggling to particularly in these rural areas, must Dig’’ central artery is funded by Fed- meet increasing demand; and year after be a focal point of our efforts to reduce eral tax dollars. This has been called year, my colleagues and I have to fight the huge backlog of veterans waiting the greatest public works scandal of to increase the underfunded VA budget. for health care. modern times. Veterans in rural States, such as As we consider the fiscal year 2005 This federally funded project has re- Maine, face all of these problems, am- budget and when we review the final peatedly exceeded cost estimates and plified by the fact that they may have CARES national plan, we must not let lagged behind schedule. Is that not a to travel hundreds of miles to the near- down our Nation’s veterans. First, they surprise? But in the year 2000, the est VA health facility. deserve the highest quality of care, but project was already five times more ex- Maine’s single VA hospital, Togus, is we also must ensure that the VA pensive than planned, $11 billion over located 100 miles from our southern health system provides access to that budget. An investigation revealed that border and 300 miles from our northern care for all veterans. project managers consistently were dishonest in their reporting of the border. As anyone familiar with the f project. $11 billion of bloated budgets cold and snowy winters will tell you, The SPEAKER pro tempore (Mr. those kinds of distances are difficult, and mismanagement, and yet Demo- BURGESS). Under a previous order of crats want to raise our taxes to pay for not to mention dangerous, to travel in the House, the gentleman from Indiana the winter. more of this? (Mr. BURTON) is recognized for 5 min- The VA has established access guide- Today the Federal Government is utes. lines which provide that a veteran picking up 80 percent of the cost for a (Mr. BURTON of Indiana addressed should be able to access primary care $1.4 million project to upgrade just the House. His remarks will appear within 30 miles or 30 minutes from three bus shelters in upstate New York. hereafter in the Extensions of Re- their homes in urban areas, and 60 For more than $1 million of American marks.) miles or 60 minutes in rural areas. Only taxpayers’ hard-earned money, these 59 percent of Maine veterans enrolled f bus shelters are going to be equipped in the VA health care system meet WASHINGTON WASTE WATCHERS with ‘‘radiant heating systems’’ and a those guidelines, and that means that REPORT ON TRANSPORTATION layout ‘‘designed to appeal to pas- more than 16,000 Maine veterans live sengers’ sense of security.’’ Even some outside the access standards, not to The SPEAKER pro tempore. Under a of the beneficiaries of these new man- mention the veterans who have not previous order of the House, the gen- sion-like bus shelters had concerns even enrolled to get VA health care. tleman from Texas (Mr. HENSARLING) is with its cost. One of the residents said, Perhaps one of the reasons they do not recognized for 5 minutes. It just seems like a whole lot of money seek VA health care is because they Mr. HENSARLING. Mr. Speaker, I to me. Maybe they could just put some are so far away. rise today as cofounder of the Wash- glass doors up. The VA’s guidelines for access to in- ington Waste Watchers, a Republican American families are lucky if they patient hospital services provide that a working group dedicated to bringing can afford $150,000 for a home, and the veteran should live within 2 hours of the disinfectant of sunshine into the Federal Government is going to use inpatient services. Only 52 percent of shadowy corners of the wasteful Wash- their money to pay over $370,000 apiece Maine veterans meet this guideline. ington bureaucracy. for bus shelters? And yet Democrats Let me give you an example of what As we speak, Congress is engaged in a want to raise our taxes to pay for more this all means in my State. Veterans in debate over spending and the Federal of this? Maine, veterans have to travel to get budget. With a historically large def- Another investigation revealed that specialized care, often to a Boston VA icit, Democrats are advocating that 29 Federal contracts worth roughly $62 hospital; and if a veteran lives in the our answer is to raise taxes on Amer- million were paid without any knowl- northern part of the State, say Caribou ican families. Democrats demand that edge of whether they were even legally or Fort Kent, he probably cannot make we roll back tax relief, the tax relief authorized. $62 million that was not le- a bus trip to Boston in one day. He will that is responsible for the strong gally authorized, and yet Democrats have to stay overnight in Bangor or growth in our economy, the tax relief want to raise our taxes to pay for more Portland and take the rest of the ride that is bringing down unemployment, of this? the next day. On the third day, the vet- the tax relief that amounts to only 1 Mr. Speaker, these are just a few ex- eran may finally have his appointment, percent, 1 percent, of the $28.3 trillion, amples of the rampant waste, fraud and and then either start back that day or 10-year spending plan that we passed abuse and duplication in just one Fed- the next day. last year. eral agency. After you begin to look So you can see to get specialized care In other words, Mr. Speaker, 99 per- closely, you will discover that in many in Boston, a veteran from northern cent of the challenge in dealing with Federal programs, routinely they will Maine may take 3 to 5 days to go down our Federal deficit is on the spending squander 10, 20, even 30 percent of their and get that care. Of course, a relative side. Clearly we have a spending prob- taxpayer-funded budgets, and have for or friend may make the drive, and it lem, not a taxing problem in America; years. might happen in 2 days or 21⁄2 days in- and I, for one, say when it comes to There are many ways that we can stead of 3 to 5; but the problem is, how Federal spending, it is time to take out save money in Washington without many people can afford to do that, how the trash. It is time to go after the cutting any needed services and with- many people have the help they need? costly waste, fraud and abuse that per- out raising taxes on our hard-working We need to enable veterans living in meates every nook and cranny of the families, as Democrats seek to do. Be- the most rural parts of our country to Federal Government. cause when it comes to spending, Mr.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.167 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H999 Speaker, and Federal programs, it is Central Republic of Africa; the ambas- left under United States auspices and not how much money you spend that sador to the United States of the Cen- control, and it seems to me that the counts; it is how Washington spends tral Republic of Africa; the Secretary most elementary act of courtesy would the money. of Defense, Mr. Rumsfeld; and the head be for us to make sure that he and his f of the Central Intelligence Agency, Mr. wife, which we pray are alive and in The SPEAKER pro tempore. Under a George Tenet. good condition and safe, are that. But previous order of the House, the gen- I was able to reach General it is very disturbing to me to report to tleman from Utah (Mr. MATHESON) is Craddock, who works as an assistant to my colleagues tonight that not only recognized for 5 minutes. Secretary Rumsfeld, who asked that we have I not been able to reach anyone (Mr. MATHESON addressed the send a communication so that they that has been in contact with him, but House. His remarks will appear here- could begin trying to help us determine we do not know anybody that has. after in the Extensions of Remarks.) the whereabouts, and, more impor- f tantly, the safety of the circumstances f The SPEAKER pro tempore. Under a surrounding President Aristide. We The SPEAKER pro tempore (Mr. previous order of the House, the gen- sent the following letter, which I in- PEARCE). Under a previous order of the tleman from California (Mr. DREIER) is clude for the RECORD. House, the gentleman from Michigan recognized for 5 minutes. HOUSE OF REPRESENTATIVES, (Mr. MCCOTTER) is recognized for 5 (Mr. DREIER addressed the House. Washington, DC, March 10, 2004. minutes. Hon. DONALD RUMSFELD, His remarks will appear hereafter in (Mr. MCCOTTER addressed the the Extensions of Remarks.) c/o General Craddock, U.S. Secretary of Defense, Washington, DC. House. His remarks will appear here- f DEAR GENERAL CRADDOCK. This letter is after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a written notification in response to a tele- previous order of the House, the gen- phone inquiry on today’s date of the location f tleman from Illinois (Mr. EMANUEL) is of Haitian President Jean-Bertrand Aristide. recognized for 5 minutes. This evening the inquiry was conducted by a WASHINGTON WASTE WATCHERS (Mr. EMANUEL addressed the House. member of my staff, Bernard Graham, and yourself. The SPEAKER pro tempore. Under a His remarks will appear hereafter in As per your conversation, please advise me the Extensions of Remarks.) as soon as possible as to the whereabouts of previous order of the House, the gen- f President Aristide. My staffer has informed tleman from Florida (Mr. MARIO DIAZ- The SPEAKER pro tempore. Under a me that you will start to retrieve this infor- BALART) is recognized for 5 minutes. previous order of the House, the gen- mation tonight through proper channels. Mr. MARIO DIAZ-BALART of Flor- This matter is of utmost importance to me tleman from Georgia (Mr. GINGREY) is ida. Mr. Speaker, as a member of the and I look forward to your timely response. recognized for 5 minutes. Sincerely, Washington Waste Watchers, and I just (Mr. GINGREY addressed the House. JOHN CONYERS, Jr., listened to one of my esteemed col- His remarks will appear hereafter in Member of Congress. leagues from Texas speak about in- the Extensions of Remarks.) In addition, I was able to reach Mr. stances of waste in Federal Govern- f Brian Newbert, the watch officer at the ment and why some of us have such a The SPEAKER pro tempore. Under a State Department, who was very co-op- hard time understanding and believing previous order of the House, the gen- erative, who was calling Bangui, the why it is so easy for our good friends, tleman from (Mr. POM- capital of the Central Republic of Afri- the Democrats, to constantly ask for EROY) is recognized for 5 minutes. ca, in an attempt to locate President massive tax increases while we see the (Mr. POMEROY addressed the House. and Mrs. Aristide. He was not able to waste that goes on in the Federal Gov- His remarks will appear hereafter in do it. There is an 11-hour time dif- ernment. the Extensions of Remarks.) ference. But he told me that he would I just would like to read portions of f continue this search in the morning. a memo from the Inspector General of The SPEAKER pro tempore. Under a Now, this problem has arisen because the Department of Energy dated March previous order of the House, the gen- in last week’s testimony before a sub- 2003. It is an audit report regarding the tleman from Utah (Mr. BISHOP) is rec- committee of the Committee on Inter- transfer of excess personal property ognized for 5 minutes. national Relations we were told by As- from the Nevada test site to the com- (Mr. BISHOP of Utah addressed the sistant Secretary Noriega that it was munity reuse organization. Mr. Speak- House. His remarks will appear here- true that a U.S. aircraft, or an aircraft er, during the 1990s, as a result of after in the Extensions of Remarks.) controlled by the United States, had changes in program direction of the f taken the President and his wife to the Department, the Department of Energy THE CIRCUMSTANCES SUR- Central Republic of Africa. We asked downsized or reconfigured a number of ROUNDING PRESIDENT JEAN- him how were they doing, and he said different facilities, including this State BERTRAND ARISTIDE OF HAITI that he did not know, because the of Nevada test site. To mitigate any United States Government’s responsi- economic damages or impacts, Con- The SPEAKER pro tempore. Under a bility ended with him delivering Presi- gress then authorized the Department previous order of the House, the gen- dent Aristide to this francophone coun- to transfer excess personal property tleman from Michigan (Mr. CONYERS) is try of 3.5 million people in the center and provide aid to these local civic de- recognized for 5 minutes. of the continent of Africa, and that he velopment organizations that are com- Mr. CONYERS. Mr. Speaker, I would had no further responsibility in con- monly known as CROs. like to bring to my colleagues’ atten- nection with this. tion the circumstances surrounding These transfers, and that is what the This was a slightly shocking state- memo says, these transfers were based President Jean-Bertrand Aristide of ment to the people that were in the Haiti, whose circumstances are some- on the express understanding that the hearing room, because it would have property was to be excess to depart- what in doubt tonight. I have spent a seemed that we might want to know fair amount of time calling a number ment needs, obviously, and also the what was happening to him from that memo then further states, despite the of people to find out whether President point on. Aristide and his wife, Mildred Aristide, realization that the transfers might be We have a very sensitive and very se- made at less than fair market value, are in safe circumstances; and I have rious matter here, and I hope that I this report to make to my colleagues the Department was to receive, obvi- will continue to enjoy the cooperation ously, the Department was to receive tonight. of the various heads of the agencies as We have called the offices of the As- reasonable consideration from these we attempt to reach and make contact CROs for said personal property. sistant Secretary of State, Mr. with President Aristide. Noriega; the Secretary of State, Mr. Mr. Speaker, I want to kind of talk Powell; the Security Council Chief, Ms. b 2100 about some of the results, though, of Rice; the President of the United His country was overrun by rebels. the audit. The audit disclosed that Ne- States, Mr. Bush; the President of the He was forced to leave the country. He vada’s personal property transfers

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.169 H10PT1 H1000 CONGRESSIONAL RECORD — HOUSE March 10, 2004 practices, I am quoting, ‘‘did not strike taxes as they have always wanted to In a time of war, when we are creating an appropriate balance between the ef- do, but instead will join us to keep the new veterans, many disabled, veterans forts to assist community development taxes low, to keep the child credits in- with terrible injuries, veterans who and the need to assure,’’ and this is the tact, to keep the death penalty tax have lost their arms and legs, many part that I just, again, I insist, when from going up. As one of our colleagues have been blinded, terribly disfigured, you read things like that, you wonder said, there at least should be no tax- these are veterans who have newly why the Democrats insist with such ation without respiration. And they fought for our country, and we are giv- passion to raise the taxes on hard- will have an opportunity tomorrow. ing them a VA health care system that working American taxpayer. Because Mr. Speaker, let us see what they is woefully underfunded. this says, again, that there was no bal- will do. I hope that they will join us in I simply do not understand why the ance, no appropriate balance between fighting for the taxpayer, not fighting President does not step up to the plate the efforts to assist community devel- for more waste and more tax increases. and put his actions behind his rhetoric opment and the need to assure that the f and say, I am willing to pay whatever Federal taxpayers received reasonable it takes to provide adequate health VETERANS HEALTH CARE consideration for property transferred care for the men and women who have to the local CROs. In fact, the audit The SPEAKER pro tempore. Under a fought and suffered for this country. I says, we found that the taxpayers were previous order of the House, the gen- call upon the President tonight to frequently shortchanged in this proc- tleman from Ohio (Mr. STRICKLAND) is rethink his priorities. Rather than ess. recognized for 5 minutes. spending money to send a man to Mars, Yet, the Democrats want to raise the Mr. STRICKLAND. Mr. Speaker, I we ought to be spending money to take hard-working American people’s taxes would like to address my colleagues care of our veterans. to do more of this kind of thing. from Texas and Florida who have just I have shared this with my colleagues The audit continues, it says, In Feb- spoken and called themselves the in the Committee on Veterans Affairs. ruary 2002, a rig was, a drill rig was Waste Watchers, and they listed all of A couple of weeks ago I went to Walter sold to the local CRO for $50,000 that is these wasteful actions of government, Reed Hospital. I visited a young man now being offered for sale by an out-of- and then they said that Democrats from my district who joined the mili- state equipment broker for $3.9 million. want to raise taxes. I would like to re- tary when he was 17 years of age. On You better believe the taxpayer was mind them that their party controls his 19th birthday, while standing guard shortchanged and, yet, the Democrats the presidency. Their party controls duty in Baghdad, a truck bomb ex- insist on wanting to raise the taxes of this House. Their party controls the ploded and removed a large part of one the American people. It said that this Senate. And the last election in Flor- side of his face. This young man who is group transferred hundreds of pieces of ida demonstrates that their party con- only 19 years of age was at Walter Reed equipment, including trucks, office ma- trols the Supreme Court. If there is all getting reconstructive surgery on his chines and trailers, purchased, by the of this waste, why does not their party face. He is just one of thousands, and way, by taxpayers, to the CROs for $1 get rid of it? Why blame the Democrats there probably sadly will be thousands per transfer. And this is the part which for something that their party is re- more in the future. is even harder to believe, Mr. Speaker. sponsible for doing? I just point out This Congress, this President, those It said, it provided laboratory equip- that the Republican party is in charge of us of both political parties, should ment to the CRO that was needed at and, therefore, the Republican party is put the needs of our disabled, sick, and another department site, ultimately responsible for the waste that my col- needy veterans at the top of our pri- causing the Department to spend $2.5 league detailed before us tonight. ority list. I call upon all of us, myself million to replace the equipment that I would like to speak tonight about included, to make our veterans our they had basically given away. Another veterans health care. I attended a Com- number 1 priority. $2.5 million to purchase that equip- mittee on Veterans Affairs meeting ment a second time because it was today where the Veterans of Foreign f given away. Nothing happens. Wars spoke before our committee. And The SPEAKER pro tempore. Under a Now, the President is trying to those veterans are asking why it is previous order of the House, the gentle- change that, and he is aggressively try- that we are spending billions and bil- woman from Michigan (Mrs. MILLER) is ing to change that. We are going to lions of dollars to Iraq, $87 billion the recognized for 5 minutes. have a debate tomorrow in the Com- last time we got a request from the (Mrs. MILLER of Michigan addressed mittee on the Budget where we are President. He is going to come back the House. Her remarks will appear going to try to stop this abuse. We are and ask for probably $50 billion more hereafter in the Extensions of Re- going to try to cut waste, fraud, and following the November election, and marks.) abuse. I hope that our dear friends on yet, we are nickel and diming our vet- f the Democratic side this year, for a erans. REAUTHORIZATION OF THE change, do not propose amendments to We have said priority 8 veterans can TRANSPORTATION EQUITY ACT raise taxes, to increase spending, but enroll in the VA health care system. FOR THE 21ST CENTURY will join us in trying to cut waste, pro- The President actually sent us a budg- tect the American taxpayer. I do not et during this time of war, and in the The SPEAKER pro tempore. Under a have great faith, because they have not President’s budget, he is asking that previous order of the House, the gen- done so. That is not in their culture for many of our veterans, the cost of a tleman from Texas (Mr. BURGESS) is and their tradition. prescription drug be increased from $7 recognized for 5 minutes. I hope they do so, because the Amer- a prescription to $15 a prescription. Mr. BURGESS. Mr. Speaker, I rise ican taxpayer is fed up with waste, Now, for a veteran that is on a fixed in- tonight to discuss the reauthorization fraud, and abuse. They want help in come and may have 6 or 8 or 10 pre- of the Transportation Equity Act for cutting that waste, fraud, and abuse. scriptions a month, that is a heavy, in- the 21st Century. All of us are going to have a great op- tolerable burden. Mr. Speaker, in regards to transpor- portunity tomorrow in the Committee The President’s budget also asks that tation, we are indeed at a crossroads in on the Budget in the markup. there be a user fee imposed upon vet- this country. We have the intersection I hope our dear friends on the Demo- erans, a user fee of $250 per year, just of the demands for creating the type of cratic side will not side with the con- so many of our veterans can partici- infrastructure which will facilitate stant increases of taxes, and will side pate in the VA health care system. And commerce and move our citizenry, and with us to cut waste, fraud, and abuse, then we have a request in the Presi- trying to achieve some type of rational to seriously try to control that part of dent’s budget to increase the cost of a spending limits within our Federal the budget, not increase taxes, not in- clinic visit for our veterans. We are pil- budget. crease spending, spending more money, ing burden upon burden upon burden on Back home in my area of north more good over bad over good over bad the backs of our veterans. I simply do Texas, we face a silent crisis. This cri- money, but will join us to not raise not understand why we would do this. sis is unrecognized by residents until

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.180 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1001 they find themselves in an unbearable provements. By streamlining the de- House to address the concerns raised commute to work or unable to make sign build process on that stretch of by my colleague, the gentleman from the necessary connections between roadway, Interstate Highway 15 in Michigan (Mr. CONYERS). But, Mr. home, work, and the other activities Utah was completed ahead of schedule Speaker, I just have to respond to some that consume our daily lives. North and under budget and available for in- of the comments and debate that I just Texas has experienced an increase in dividuals traveling to the Winter heard by my friends on the other side traffic over the past 3 decades, which is Olympics that year. of the aisle. a result of unprecedented population Similarly, in north Texas, the Dallas It is interesting to call the Demo- and employment growth. Added to that area rapid transit system worked with- crats the tax and spend party of Amer- is the underinvestment in Federal in their budget last year and actually ica. And I recall that when we finished transportation dollars for my area. returned over $21 million in transit the work of the 1993 budget resolution The time is now to make necessary funding to the Federal Government. and the 1997 budget resolution going investments in our transportation in- Unfortunately, there are examples of into 2001 after President Clinton left frastructure. In Texas, our transpor- transportation projects that are not office, the spring of 2001 saw this Na- tation needs outstrip available funding carefully managed; and as a result, dol- tion with somewhere between a $5 and 3 to 1, and these are not trivial funding lars are not wisely spent. $7 trillion surplus. needs. These relate to supporting inter- The Ted Williams Tunnel of the Cen- Today as I stand here and on the eve national trade transportation, stream- tral Artery Project in Boston, Massa- of the Committee on the Budget’s chusetts, known affectionately as the lining the environmental process, and meeting tomorrow, addressing the Big Dig, is perhaps the poster child for expanding innovative financing tech- questions of veterans health care and inefficient Federal spending in a trans- niques. Handling taxpayer dollars with Medicare, Social Security, the threat care is, in fact, one of our highest portation project. The General Accounting Office has that this administration has given to callings in the House of Representa- estimated that from fiscal years 1998 cutting Social Security, we are in a tives. That obligation is enshrined in through 2001, the Highway Trust Fund $551 billion deficit based mostly upon the Constitution. Our charge as con- Account lost over $6 billion because of very misdirected tax cuts by this ad- gressional representatives is to protect the ethanol tax exemption and the gen- ministration on the backs of hard- dollars taken from the taxpayer by, in eral fund transfer. Using the Depart- working men and women. fact, streamlining and improving ac- ment of the Treasury’s projection of To the 1 percent richest we have tivities of our Federal Government, not gasohol tax receipts, the GAO has esti- given all of the tax cuts, and we are just to simply spend and dispose of mated that the Highway Trust Fund digging a hole deeper than we could those tax dollars. And sadly, when Fed- Account will not collect $13 billion be- ever remove ourselves from and elimi- eral tax dollars are not handled with cause of the tax exemption from fiscal nating the needs of all Americans as care, important Federal programs such years 2002 through 2012. There is an al- relates to the services that this govern- as our transportation programs find most $7 billion shortfall from the gen- ment has so aptly done before and hav- themselves being hurt and neglected. eral fund transfer between the same ing a balanced budget. Last year, shortly after my election years. So I would just ask my colleagues on to my first term in Congress, I was Prior to the last reauthorization bill the other side of the aisle to return to very fortunate to be chosen to be a in 1998, the Highway trust fund earned their administration and their com- member of the House Committee on interest on its balance, which was paid mittee meetings and try to explain to Transportation and Infrastructure, and by the general fund. If the Highway the American people how we have gone I wanted to be certain that the United trust fund had continued to earn inter- down such a slippery slope. States Department of Transportation est on its balance, the Department of Let me also say that when it comes was ensuring the most efficient busi- the Treasury estimates that the High- to the job creation that occurred in the ness practices within the agency. So I way trust fund would have had an addi- 1990s, this administration and Repub- requested a meeting with the Depart- tional $4 billion from September 1999 lican Congress is a dwarf, if you will, ment of Transportation Inspector Gen- through February 2002. compared to the enormous steps and eral, Mr. Kenneth Mead, to discuss the Between modifying DOT’s practices strides that were made under the lead- business practices of the agency and within State and local governments ership of the Democrats. 21,000 jobs how Congress could better facilitate re- and reevaluating the true purposes of that were made just in this last month, moving inappropriate expenditures re- the Highway trust fund, I believe we in terms of job creation, over 3 million lated to transportation funding. can work together to ensure our Fed- manufacturing jobs that have been b 2115 eral Government is more effective and lost. And the 21,000 jobs were govern- more efficient to the American tax- ment jobs. No private sector job was The Department of Transportation payer and that we indeed have the has not changed the way the agency made in the last month. funds necessary to pay for our projects. THE ADMINISTRATION’S POLICY TOWARD HAITI disburses transportation funding to If we are unwilling to make the mon- Ms. JACKSON-LEE of Texas. Mr. State and local entities since President etary investment and the necessary Speaker, let me now move to my com- Eisenhower was in office. The Inspector policy changes, I am afraid our vision ments that are associated with those of General recommended that if one cent for our Nation’s highways will be that Mr. CONYERS. I again ask this adminis- had been saved on every dollar spent of a congestion-bound commuter sit- tration for full investigation on the re- over the last 10 years in transportation ting in a traffic jam watching the moval of a duly elected democratic programs, the Department of Transpor- bridges and roadways crumble before president from Haiti, President tation would have had an additional $5 our very eyes. billion to spend. I think, Mr. Speaker, a very worth- Aristide and his wife. This $5 billion would equate to the while goal would be to allow Americans President Aristide’s most recent amount of funding needed for four of to spend as much time in family dis- press conference in the last 24 hours the eleven major transportation cussions at the dinner table as they again restates the fact that he was re- projects currently under way in this currently spend trying to get home. moved from the country without his country. Clearly, greater efficiency consent. He was coerced; he was seem- f within DOT could have an enormous ingly threatened and frightened into impact on more efficiently spending TAX CUTS AND THE DEFICIT making a decision. taxpayer dollars. The SPEAKER pro tempore (Mr. In a hearing that was held last week Mr. Mead shared with me examples of PEARCE). Under a previous order of the and questioning Representative U.S. how transportation projects could be House, the gentlewoman from Texas Assistant Secretary Noriega on this used as examples or models of govern- (Ms. JACKSON-LEE) is recognized for 5 question, rather than ask the question ment efficiency. In the State of Utah in minutes. directly, he proceeded to be directly preparation for the Winter Olympics, Ms. JACKSON-LEE of Texas. Mr. rude, if you will, and also to the extent Interstate 15 needed substantial im- Speaker, I came to the floor of the of refusing to answer the question or be

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.183 H10PT1 H1002 CONGRESSIONAL RECORD — HOUSE March 10, 2004 responsive as I would expect a rep- INTERNATIONAL TRADE whole $1 billion worth of turbines to resentative of the administration The SPEAKER pro tempore. Under China. There was just a small price should be. the Speaker’s announced policy of Jan- they had to pay. It is a state-of-the-art, We now know that thousands of or- uary 7, 2003, the gentleman from Or- newly developed turbine, took them phans in Haiti are now without food be- egon (Mr. DEFAZIO) is recognized for 60 half a billion dollars to develop it. The cause there is no means of getting food minutes as the designee of the minor- Chinese demanded, in violation of the supplies up into the locations where ity leader. WTO and rules-based trade, which the they are. We understand that children Mr. DEFAZIO. Mr. Speaker, I come to Bush administration is such a great fan have been killed. A young boy who was the floor tonight to talk about the of, demanded that they give them the willing to give his bicycle to one of the issue of trade. The Bush administra- technology in exchange for this rather thug insurgents was shot dead on the tion rolled up yet another record for insignificant purchase. Because the street. Another young boy was injured the month of January, and I believe it technology is going to be worth far, far by a flying canister and lost his life. A deserves notice. It is quite an achieve- more; and the Chinese admit they are Fulbright scholar was fleeing for her ment. Our trade deficit widened to $43.1 going to use the technology to build life, having to leave the country be- billion in January. One month, $43.1 competing turbines. But GE in a very cause of the danger. Thousands of billion. short sighted way decided they would Americans have gone. The U.S. mili- Now, they have been telling us for be blackmailed. They were going to tary, specifically the Marines, are in the last year just be patient, the dollar give them the technology and get $1 danger because of the refusal to in- is overvalued, it is going to drop a lit- billion worth of sales. It will look good crease the numbers of allied troops on tle bit. And as soon as the dollar drops on this year’s balance sheet, but not the ground. a little bit, why then, U.S. manufactur- too good 3 or 5 years from now when It is noted that in 1994 when Presi- ers will become more competitive and the Chinese are eating their lunch dent Clinton sent 20,000 troops into people will start to buy our goods internationally using the technology Haiti to uphold the Santiago Agree- again. which GE went to so much trouble to ment which requires the United States Well, I had two questions for them. I develop. to defend any duly elected democratic said what do we make anymore since But this is repeated time and time government in the western hemisphere, we are exporting so much of our manu- and time again by the Chinese. I have not one military personnel was harmed facturing to China? And will it not per- a small company in my district called or was anyone else harmed. haps mean instead that Americans will Videx. They developed a new kind of So we know that we have a failure in buy more expensive goods that are scanning technology. They developed this policy, we have blood shed in the made overseas and that, in fact, our an electronic lock. They are selling in street, violence in the street, and we trade deficit will widen? Despite all the 44 countries, including, their mistake, have a duly elected president whose Ph.D.s and experts and luminaries they China, where they were selling about a supporters are continuing to rebel, if have down there, apparently my con- $1 million a year. But it turns out, they you will, now in exile without any cerns have been proven out and not the say in China if you bring in intellec- knowledge of his condition or ability to administration’s. tual property within 24 hours it is return to a place where he can engage In terms of goods, our deficit went counterfeited and for sale. in discussion and be part of a peaceful from 44 last year to this year $48 bil- And the Videx company had followed resolution of installing a peaceful gov- lion. In terms of services, we had a all the laws and protections, went to ernment into Haiti. We have failed in minor increase of about $300 million. the trouble of getting supposed Chinese this effort. So, the fact is we are hollowing out protection and patents and all that. It is sad to say that we have not met the manufacturing of the United States One day they found their entire com- our goals in Iraq. We have not met our of the America. There is a new trend pany had been cloned in China includ- goal in Afghanistan. Now we come full where we are hollowing out what was ing their Web site. In fact, the Chinese, circle to the western hemisphere. Chil- supposed to be the next generation of the fake Chinese Videx, had gone them dren are starving. People are dying. Vi- jobs and intellectual technology, and I one up. They had a little fake Amer- olence is raging. No government there will get to that a little bit later. ican flag waving at the top of their for us to negotiate with. What does the Bush administration Web site, this Chinese company. Mr. Speaker, I think for all of us this say in reaction to this huge and grow- They even copied and translated into is on our hands. It is time now for us to ing deficit in trade and the debt we are Chinese the U.S. copyright and patents stand up and be counted for peace mounting up overseas? China alone, on their software. They did not make a around the world. $124 billion trade deficit last year. very good product, the company found China is now the largest foreign holder out, because they started getting prod- f of United States debt. And they are be- uct support calls from people who The SPEAKER pro tempore (Mr. ginning to acquire assets in the United thought they were clients of the U.S. BURGESS). Under a previous order of States of America with the huge pile of Videx, but were actually clients of the the House, the gentleman from Texas dollars they are amassing with this ex- phony Chinese Videx. This happens (Mr. PAUL) is recognized for 5 minutes. traordinary trade deficit. time and time again. (Mr. PAUL addressed the House. His Now, the Bush administration’s an- When I went to the Bush administra- remarks will appear hereafter in the swer is, well, more of the same, free tion and asked that perhaps we could Extensions of Remarks.) trade, free trade, free trade. They are get some help, get my two Senators to join me in this for Videx, they are a to- f unabashed radical, knee-jerk free trad- tally American company, they have 160 The SPEAKER pro tempore. Under a ers. At least they are consistent. It is employees in my district, they do all of previous order of the House, the gen- good. They went on the attack yester- day saying there are only two choices: their outsourcing in the United States tleman from Texas (Mr. NEUGEBAUER) of America, that is all their subcon- is recognized for 5 minutes. the failing trade policies of today, tracting, not in China, and employ peo- (Mr. NEUGEBAUER addressed the which are hollowing out manufac- ple even in Texas to help build their House. His remarks will appear here- turing, our industrial base, losing jobs, product, the response, after a lengthy after in the Extensions of Remarks.) outsourcing, exporting jobs to other countries, quality jobs, losing the next delay from the Bush administration, f generation of intellectual technology was that the United States of America The SPEAKER pro tempore. Under a jobs, jeopardizing, I believe, in the fu- will not file intellectual property com- previous order of the House, the gentle- ture the security of the United States plaints against China for theft of intel- woman from Florida (Ms. HARRIS) is as more and more critical sectors and lectual property, will not help this rel- recognized for 5 minutes. technologies are exported overseas. atively small company Videx, because (Ms. HARRIS addressed the House. Just last week in the Wall Street the big corporations, the multinational Her remarks will appear hereafter in Journal, General Electric, there was an corporations who are exporting their the Extensions of Remarks.) article about how they have sold a factories to China would not like that

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.185 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1003 because it might cause problems with going to help, and anybody who wants Mexico and lost us hundreds of thou- the Chinese government. to do anything about that is an isola- sands of jobs, actually the reverse ef- b 2130 tionist. Well, they are either fools or fect of what they have promised. But they are deliberately, as some have the President wants to replicate A pretty extraordinary statement. said, facilitating Benedict Arnolds and NAFTA all the way through Central And that is what the Bush administra- others who are exporting American and South America. The President has tion is now going to emphasize. They jobs, technology and undermining this a proposal called CAFTA. CAFTA support these failing trade policies. country. It is not clear which on cer- would expand NAFTA to all of Central They are trying to cover up the tain days because when you see today’s and South America. Imagine how many outsourcing of jobs. They have now news, you have got to wonder what is jobs and much capacity we could ex- banned at the White House the term really going on down there. port to Central and South America if outsourcing, job exports. Six months ago, the President an- the same rules applied all across that They talk about level playing fields. nounced he was going to create a job, a entire region. Well, it is not a level playing field job in America, that related to manu- The President is right now; it is held when other countries can, when their facturing. That was the President’s up because the Republican majority is government condones the theft of your promise 6 months ago. Here we are 6 a little bit nervous on voting on such a intellectual property and will do noth- months later, and he is on the verge of gigantic expansion of a failing policy ing about it and your own home gov- creating that job tomorrow. Congratu- in an election year. But you can be cer- ernment will do nothing about it in lations to the President. One job re- tain if the President is reelected, we terms of dealing with that foreign gov- lated to manufacturing. That job will will either have a special session or at ernment. But now the Bush adminis- be the so-called manufacturing czar, the beginning of the next session of tration says they may in the future file someone who is going to try to find out Congress he will be jamming through some minor complaints about some of what is wrong. Why is the U.S. hem- this mega-expansion of NAFTA, doing the tariffs the Chinese have. They orrhaging its productive capability to what Bill Clinton did with NAFTA, 10, would not want to tread on the Chi- China and other unfair traders with ex- 20 times over. nese’s toes here. They do not want to traordinarily low wages? For most But even better, the President has go after the big problem here, which is Americans and for me it is pretty obvi- shown us a model in some of his pro- the outright theft of American tech- ous; but to the Bush administration it posed free trade agreements which also nology or the blackmailing in violation is not, so they need a manufacturing certainly does exceed the problems of the WTO of American corporations czar. It took them 6 months to find the with the Clinton administration on to sell there, and other practices of the right guy. trade. The Chile and Singapore agree- Chinese government, the things that It would have been good if maybe the ments are cases in note, free trade are costing us so much productive ca- manufacturing czar could be by the agreements voted for by this Congress pacity and jobs. President’s side when his name is re- and signed blithely by the President The Bush administration says they leased tomorrow. They will be doing last year. In the case of Chile, it is the want a level playing field. Well, if it is this in Ohio, which has suffered hor- first-ever trade agreement to mandate not going to be level there, where is it ribly with the loss of productive capa- the importation of foreign skilled going to be level? Are they saying that bility. But the gentleman in question labor. they will bring up the wages of the Chi- is not available. His name is Tony Yeah, that is right. It is an actual nese workers, that they will see that Raymundo, is not available because he section of the bill that establishes a the Chinese follow worker health and is in China. He is in China where his new category of Chilean workers to be safety protections? That they are going company is building a factory. It is imported into the United States to be to see that the Chinese begin to enforce kind of like an awfully bad joke here. trained in the jobs that will be ex- minimal environmental laws? The Bush administration in dealing ported when the companies move to No, I guess what they mean by level with China and the outsourcing of jobs Chile. It is efficient for those compa- playing field is in the vision of the is going to put a manufacturing czar in nies, that is true, but does not do a Bush people we will drag Americans their administration who is over in whole heck of a lot for the American down to that level and then we will be China overseeing the construction of workers left here holding the bag when competitive. If only Americans would his own plant in China. And, no, I am their job has fled south to Chile. But work for $1 a day, they could compete not making this up. That is actually that is quite an extraordinary new im- with the Chinese. Because they are true. provement if you think, as the Presi- competing not in old crummy, labor- So the Bush administration says dent’s chief economic adviser does, intensive shacks and factories, but in soon they are going to push hard, as I that exporting jobs is good. Now, I am state-of-the-art world-class factories said earlier. They are going to ban the not making that up either. built significantly with American cap- word outsourcing, globalization. They Mr. Mankiw, the President’s Chief ital, multinational capital and Amer- are going to empower the word Economic Adviser in the economic re- ican capital that is being invested in ‘‘insourcing’’ at the White House. They port to the President signed by the China to access the cheap labor, to ac- are going to brand people like me who President of the United States, en- cess the lack of worker health and safe- have been raising the alarm both in dorsed by him, says, ‘‘Outsourcing is ty protections, to access the lack of en- Democrat administrations and Repub- just a new way of doing international vironmental protections so they can lican administrations about the failing trade. More things are tradeable than dump the waste right out the back trade policies of this country. I bitterly were tradeable in the past and that is a door. opposed Bill Clinton’s push for NAFTA, good thing. Shipping jobs to low cost So the level playing field is a pretty and I think that was a shameful mo- countries is the latest manifestation of phony argument. They are banning the ment in the Clinton administration the gains from trade that economists word at the White House, globalization, and began the undoing of our produc- have talked about for a century.’’ outsourcing, as I said. And they are tive capacity. I think it was only really Is that not peachy. That is Mr. going to call people who want to call facilitating Bush One and Reagan who Mankiw, the President’s Chief Eco- for a new trade policy, one that does had negotiated the agreement. But, un- nomic Adviser, expressing the opinions not fail our country so badly. One that fortunately, Bill Clinton saw fit to jam of the President and his administration does not run a $500 billion-a-year trade it through the Congress. But now Bush that the export, the outsourcing, a deficit; one that is not hollowing out is taking all that one step further. word now banned at the White House, our manufacturing trade capabilities; His newest free trade agreements, of U.S. jobs overseas is a net benefit to one that is not seeing some of our best first, he wants to expand NAFTA, our country under the theory that technology either extorted or stolen by which promised the United States hun- things will be produced more cheaply the Chinese and other unfair traders. dreds of thousands of job and trade sur- there which will be good for American They have no answer to those things. pluses with Mexico, which has brought consumers. Of course, a little fallacy They just say more of the same is us huge and growing trade deficits with with their logic here is if Americans

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.189 H10PT1 H1004 CONGRESSIONAL RECORD — HOUSE March 10, 2004 cannot find jobs, and we have growing So when the President says we will see this increased competition for jobs, unemployment and job loss under this have a level playing field, I guess he is the immediate response to competition administration, then no matter how telling people to go to college for 5 or is lower prices and that is lower wage cheap the goods get produced in China 6 years, get a masters degree, become a rates. Back to what the President is and some other place that might even skilled computer programmer, run up talking about with a level playing produce things more cheaply, Ameri- 40, $50,000 in debt or more in obtaining field. Americans should go to college, cans are not going to be able to afford that education, and they should work graduate and expect, as skilled com- those goods for long; and ultimately for $5,000 a year because that will give puter programmers, to work for 5 or that will lead to some very severe eco- the President his level playing fields in 6,000 a year in the world of Mr. nomic problems. But they persist. They these areas because Mr. Mankiw says it Mankiw, President Bush and the CEO are stubborn at least. And the Presi- is good that those jobs are so much of Intel, Craig Barrett. That does not dent is going to push for more free cheaper there. sound like a tremendous bargain to me, trade. Think of how much cheaper the prod- I think, or to most Americans who I Now, we have some research here ucts will be. Of course, what most of us represent. about outsourcing, a word banned at see is the products really are not that Jeffrey Immelt, CEO of General Elec- the White House now, but that is the much cheaper, but the profits which tric, now here is a company who does export of American jobs which they are flow to a relatively small number of not just engage in intellectual prop- no longer going to reference at the people; the profits are much better. erty. They make great products. I fly White House; and one company, According to a recent survey of 1,091 on planes back and forth across the Deloitte Research, predicts 2 million CEOs, 27 percent planned to export jobs country, will be on one tomorrow, and jobs will be exported in the next 5 within the next 3 years; 20 percent, a lot of them have GE engines. I have years; Forester Research, 3.3 million one-fifth of the CEOs polled in America been to the plant they still have in the white collar jobs in the next 15 years. expect to export jobs in the next 12 United States, great stuff, incredible Those were the intellectual tech- months. They say, and there is a new product. But here is an investor meet- nology, high-technology skilled jobs big business coalition that has come ing in 2002. that we had heard for so long, what did together about this, and like the White When I am talking to GE managers, they say to me when I raised concerns House, they want to ban the word I talk China, China, China, China. You early on about these trade policies? outsourcing. I think that quite soon need to be there. You need to change They say, Congressman, you do not un- John Ashcroft is going to begin having the way people talk about it, how they derstand. These are the old obsolete people who use the word outsourcing get there. I am a nut on China. manufacturing jobs. We do not want arrested. But the word they want to Outsourcing from China is going to them anymore. I said, I do not under- use now is worldwide sourcing. And grow to $5 billion. Well, it has already stand how we can be a great Nation, a these business lobbyists, as it says in eclipsed $5 billion. He was a little mod- great power, if you do not make things this article here, business lobbyists are est in his estimates. Outsourcing, that anymore. They say, Do not worry talking to the Bush administration is, U.S. job exports to China with U.S. about it. We will not make the things about adopting this language. But, of or multinational producers, U.S. cap- but will design them, and we will have course, as we know from the article I ital producing jobs there, producing all of the brain power. We will retrain read earlier, the Bush White House did products there and shipping them back all those workers to run computers and in fact adopt that term just yesterday to the United States. Every discussion work in the high-tech industry. to emphasize, and they have of course today has to center on China. The cost Now we find that industry is flooding banned any discussion of the exported basis is extremely attractive, i.e., overseas very quickly and expect 3.3 jobs. cheap wages. You can take an 18-cubic million of those next-generation jobs We have got a few other problems. foot refrigerator, make it in China, will flow overseas the next 15 years. Here is Craig Barrett, the CEO of Intel. land it in the United States, land it for The question becomes, what is next? This is 1/26/04, New York Times: ‘‘If you less than we can make an 18-cubic foot They said, we do not know, but do not look at India, China and Russia, they refrigerator today ourselves. worry, something always comes along. all have strong education heritages. This list, I cannot possibly do justice That is a heck of a thing to bet your Even if you discount 90 percent of the to and read the entire list, but this is economy on. people there as uneducated farmers, a list from Lou Dobbs on CNN, some- Mark Zandy of economy.com esti- you still end up with about 300 million one who formerly was a great sup- mates 995,000 jobs have been lost over- people who are educated. That is bigger porter and advocate of free trade poli- seas since March, 2001. That is about a than the U.S. workforce. The big cies until he studied it a bit, until he third of the jobs that the President has change today from what has happened looked at the impact on hollowing out lost on his watch, since he has been over the last 30 years is that it is no the intellectual might of our country, President, have been lost overseas. Yet longer just low-cost labor you are look- the industrial might of our country, he believes that our trade policy is ing at; it is well-educated labor that the loss of jobs. Every night now on working, and the head of his economic can effectively do any job that can be CNN he talks about the issue of export- council says it is working just exactly done in the United States.’’ ing America, outsourcing jobs. as it is designed. It is exporting jobs He goes on to say, this is Craig Bar- He has a list here of companies that overseas. That was the intention of the rett, the CEO of Intel, the company are exporting America. They are com- trade policy and they are standing be- that was going to produce the next panies either sending American jobs hind that. But they will not use the generation of jobs for educated and overseas or choosing to employ cheap word outsourcing anymore down at the skilled Americans here: ‘‘Unless you overseas labor instead of American White House. are a plumber or perhaps a newspaper workers. As you can see, it is quite The Gardner Group estimates that 10 reporter or one of those jobs which is small print, and it goes on for pages percent of jobs at U.S. information geographically situated,’’ cutting and pages. It is available on his Web technology vendors will move offshore lawns at the estates of rich people, for site. He has talked about it exten- within the next year. IBM is exporting instance, ‘‘you can be anywhere in the sively, but the list is shocking, and I 5,000 jobs to India, China, and Brazil. world and do just about any job.’’ Bar- would urge that for reading for all They will save $168 million a year by rett was asked, Are we not talking Americans, particularly those who are doing so. This is a very, very dis- about an entire generation of lowered unemployed because of these policies, turbing trend. Computer programming expectations in the United States for have a lot of time on their hands and jobs in the U.S. that pay 60 to 80,000, what an individual entering the job wonder what happened to their job. nice wage, but it also recompenses market will be facing? They can read this list and see perhaps someone for a heck of a lot of edu- where it went. cation and training. They go for about b 2145 Now, all this is bad enough, but guess 8,000 in China; 5,000 in India; 5,000 in He responded. It is tough to come to what. We are asking American tax- Russia. another conclusion than that. If you payers to subsidize the export of jobs

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.191 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1005 to foreign countries. It has been esti- jective was to get China into the WTO look at managed trade because you mated that if we repealed any ref- and use rules-based trade to really simply cannot, as the President is say- erence in the U.S. Tax Code to overseas teach them a lesson against China? ing here, asking American workers or income, that that means no taxes at Well, none, none, zero. How many have the head of Intel to compete with all. I mean, once a U.S. company went they failed on the issue of intellectual $5,000-a-year engineers overseas, we over there, we would not even think property worldwide? None, none, not cannot drive our country down that far about taxing them. We would save $20 one. It seems that it was a false prom- and our people down that far, maintain billion a year. That is how much they ise. I am not supporter of the WTO, but our great stature and our standard of are able to deduct from their U.S. in- we are stuck in it, and I do not think living. We should not be asking them come by producing overseas with cheap we should be in it, then we should at to do that. We should not be thinking foreign labor. We are through some least use its rules that would advan- about doing that. We should not be al- other programs actually giving direct tage American people, American con- lowing our companies to be subsidies to companies to set up manu- sumers, American workers, we should blackmailed, to give their state-of-the- facturing overseas. use it, because we certainly see it used art technology to countries like China So, in terms of solutions to this prob- by other countries to our disadvantage, for a pittance. We have got to stand up lem, the first and easiest thing it but this administration is refusing to for our own. seems that we need to do is stop any do that. We are essentially in a trade war. taxpayer subsidy for these conglom- I will give another example and it is This guy wants to be the war Presi- erates, multinationals and even some very timely, the issue of oil. The OPEC dent. Well, I tell you what. This war is U.S. firms from outsourcing their jobs, countries have meetings every month a war that has some extraordinarily se- a word again not allowed at the White it seems lately, and they decide on rious implications for the future, not House, to India or China or Mexico or quotas and what they are doing inten- only of the military security of this elsewhere. Then after we do that, we tionally with those quotas is restrict- country, but the economic security of need to begin to actually use the rules ing the supply of oil, creating artificial this country, the basis of the wealth of of trade. shortages to drive up the price, 38 this country, and we are fighting right Remember, the President came to bucks a barrel now, seen the price at now with both hands tied behind our Congress a little more than a year ago, the pump, heading up toward $2 in my back and a blindfold and ear plugs and he said the Chinese, really, the State, and I hear it is even higher in down there at the White House. They only way we are going to get them to other parts of the country. I bet you do not want to hear about it. They do clean up their act, it is true, they are Memorial Day it will be pushing two not want to engage in it. Well, if they violating intellectual property left and and a half, three bucks in places do not start doing that soon, we are right, they are doing all sorts of things around the country. to undermine us, but the only way we looking at some very, very dire impli- The oil companies always tag on a are going to become truly competitive cations for the future of the American little extra margin so they are doing in China is if we give them what is economy. fine. Their profits are up, but the OPEC Mr. PALLONE. Mr. Speaker, will the called Permanent Most Favored Nation countries obviously are getting a bun- gentleman yield? status; that is, we would no longer an- dle of money from us, too. Mr. DEFAZIO. I yield to the gen- nually review, as is required of all The only problem with that is that tleman from New Jersey. Communist countries and they are a five of the eight major countries in Mr. PALLONE. Mr. Speaker, I just Communist dictatorship, their trade OPEC are in the WTO, and guess what. wanted to commend the gentleman for status and determine whether or not Rules based trade, the WTO, does not coming to the floor this evening and we would renew it. allow countries to get together, pro- discussing the issue of these trade That drove some of the largest cor- porations in this country absolutely ducers to get together and collude to groups and the impact on the berserk because they wanted huge restrict supply to drive up the price. outsourcing, and I really believe that amounts of capital and produce their Again, this is something I asked the this is the most important issue facing goods over there, and the prospect of Clinton administration to investigate the country right now. I just wanted to come and maybe I having China lose Most Favored Nation and file a complaint with the WTO on, could ask you a couple of questions re- status on an annual basis would drive and they refused. I have asked the them into a lobbying frenzy every year. Bush administration to file a com- lating to what you said. I thought it So they successfully lobbied the Bush plaint on this, and I got back after 6 was very interesting, I read an article administration, saying we are going to months a nice letter from the White a couple of months ago, maybe it was make it permanent, never again will House counsel saying, no, they would less, in the New York Times, about we review China for unfair trade, but not do that and in their opinion that it NAFTA, and I voted against NAFTA. I instead we will shift our emphasis to was just fine if OPEC colluded to drive voted against Fast Track. I think the the World Trade Organization, and we up the price of oil in violation of the only one of these I may have voted for will have rules-based trade. I have al- rules of the World Trade Organization, was the Jordan one because they had ready talked about the company in my international law, U.S. law to gouge negotiated it so that there were suffi- district that has been cloned in China, U.S. consumers. They really just did cient labor and environmental safe- illegally, copying their U.S. copy- not think that it merited a complaint guards, but generally speaking, I have righted and patented and even Chinese or their attention. opposed all these major trade agree- copyrighted and patented product in So this whole thing that the Bush ad- ments exactly because I am worried violation of Chinese law, U.S. law, ministration is now going to push after that we give away the store and we do international law, and the rules of the banning the word ‘‘outsourcing,’’ after not provide any protections that arrive World Trade Organization, and the calling people who are calling for new at what I call fair trade. Bush administration has said they will trade negotiations, for new trade rules, Even the President, if you listen to do nothing about. for rules that do not hollow out this him, will say that even though he is a In fact, every year the President’s country, the Bush administration call- free trader, he believes in fair trade in special trade representative puts out a ing people like me and others isola- the sense that there is supposed to be report which documents page after tionists, they want to just say there is some reciprocity, but as you point out, page after page of intellectual property nothing but what they are doing which that reciprocity never exists. There is theft by Chinese firm. Again, as I said is failing or isolationism. never anytime that I can remember earlier, apparently within 24 hours of I say there is another way to deal when the President invoked any rule or bringing intellectual property into with this within the existing frame- said that we were going to, as you said, China it will be copied and available on works by pursuing complaints, by pro- file a WTO complaint or complain the market, sometimes good quality, tecting American consumers, and try about other countries’ treatment with sometimes lesser quality. to keep some of those jobs home. I regard to trade. So how many complaints has the would go further than that. I would say Anyway, this article said that with Bush administration filed since the ob- ultimately we are going to have to regard to NAFTA, essentially the

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.192 H10PT1 H1006 CONGRESSIONAL RECORD — HOUSE March 10, 2004 United States lost big time. Mexico, in- tries, the gentleman mentioned China, truthful about what they are doing. He terestingly enough, lost big time be- practice economic nationalism? They is an academic; and he thought, well, I cause their standard of living and their take advantage of these free trade should put up the theory to show why workers wages actually declined I agreements to either subsidize an in- it is what we are doing what we are think during the time that NAFTA. It dustry or capture a market and we do doing. So they want to keep exporting said the only country that may have not do anything of that sort? I wanted America and our jobs and outsourcing, gained somewhat was Canada, and I am the gentleman to comment on that. but they are going to call it something not an expert on this. They said the Mr. DEFAZIO. Well, Mr. Speaker, let else. reason for that was the Canadian gov- us go to Europe, which is a higher cost I think it is particularly bizarre that ernment basically involved themselves competitor than the United States their new manufacturing czar, who it in what you might call economic na- with all the social welfare and all the took 6 months to find, is over in China tionalism. In other words, they knew other programs over there. Airbus is and unavailable for comment because they were getting into this NAFTA now exceeding Boeing in terms of pro- he is building a plant over there. That agreement, they knew that some jobs duction. Now how can that be? Well, all kind of goes to the issue too. were going to be lost, but their system of their costs of development are sub- Mr. PALLONE. The amazing thing, provides that at the government level, sidized by the European consortium. If too, is we saw a document yesterday, if some jobs are lost to the U.S. or to you buy an Airbus plane, they will and I do not remember the name of it, Mexico, that they quickly figure out throw in goodies. Buy an Airbus. Well, but I will kind of summarize it, that areas where they can train people and there are no slots to land at Heathrow. basically showed that as far as the basically take over through national Buy an Airbus, we have a spot to land economy was concerned the stock mar- policy the manufacturing or whatever at Heathrow, prime time. Oh, okay. ket continues to go up, there is still a it happens to be, and they provide very So they use the laws and the rules of demand in the United States for manu- generous benefits to people who lose their own countries and the European factured goods, and so far the con- their jobs so they do not lose their pen- Economic Union to further their own sumer spending is out there, people sion or their health benefits or what- critical technology and high tech- willing to spend money and buy things; ever else. nology and high-value manufacturers but the big flaw in this economy and So it was sort of their aggressiveness like Airbus. Boeing is now going to the reason why we are not doing that and their willingness to be involved in China and Japan. It will not be long be- well economically is because of the loss figuring out where to be aggressive in fore we do not make planes in this of jobs. terms of trade that made them a win- country any more. Then what happens? So if we just managed to somehow ner, so to speak. So they have a much more global practice, I call it economic nation- Again, these are gross generaliza- view and long-term view of where they alism, I do not know if that is the tions, but I was listening to what you want to be positioned in the world word, and say, okay, look, we are just said because it seems like we do not in economy, and we are just engaging in not going to let all these jobs go over- any way involve ourselves in what you laisse faire, saying, no, our highest pri- seas, we are going to be careful about might call economic nationalism. No- ority is the cheapest production of a it, we are going to demand that Amer- body in the Bush administration is in good by the cheapest unit of labor ican companies hire people here, we charge, or even I guess would imagine somewhere out there, and we do not may pass certain laws that make it that they would try to look at the flow care what it does to our economy or more difficult for them to send jobs or of trade in the way to try to take an the people at home because it is good production overseas, that probably the advantage for American workers or for consumers. But, again, consumers economy would be in pretty good protect American workers. are not able to consume much if they shape. The jobs would be there. b 2200 do not have jobs. It is not like we are a poor country. And even if you look at the European Mr. PALLONE. If the gentleman will It is just that we are shipping every- countries, if somebody loses their job, continue to yield, Mr. Speaker, the re- thing overseas without any regard they usually have something, some ality is when we challenge the Presi- whatsoever for our own public. wages or some income or some benefits dent, the gentleman from Oregon, my- Mr. DEFAZIO. In fact, the Bush ad- that they can live on. It is almost like self, and others, and say, look, your ministration said that the huge growth we just cry uncle. We say, okay, we are economic report that came out essen- in the trade deficit, the $43.1 billion going to sign all these free trade agree- tially says that that is your policy, let last month, we are borrowing $43.1 bil- ments; we do not really care. Let the the jobs go wherever they want, we do lion from overseas to finance our pur- chips fall where they may. We lose not care, whatever, this will save chase of goods made overseas, putting jobs, it does not matter. Everything is American consumers, the President people out of work here was showing outsourced; it does not matter. and a lot of Republicans here in the that our economy was reviving. Well, It is this complete lack of concern House backed off from that and said, wait a minute. about the American worker, which I oh, no, we really do not mean that. Mr. PALLONE. That is amazing. think was epitomized with the Presi- I think they realize if they say it the Mr. DEFAZIO. What about jobs here? dent’s economic report, which the gen- way we just did, which is essentially What about production here? They are tleman mentioned several times, where the way the economic report of the happy with the way this is going. his chief economic adviser, whatever President said it, it is just not accept- Mr. PALLONE. The gentleman is ex- his title is, said that outsourcing was a able. Nobody buys that. Rationally you actly right. I have actually had discus- good thing. cannot sell that, so to speak, to the sions with Republican colleagues, and I completely agree with the gen- American people. So now they are they have said to me, well, you act as tleman. If you take this to its extreme backing off and saying we really did if the economy is not doing well; and and say we are going to sign more of not mean outsourcing was good, but they point to all these indicators like these free trade agreements, which the they have not changed their policy in the stock market and productivity and President is now negotiating with Cen- any way. They are still trying to nego- all these different things. And I just tral America and there have been sev- tiate all these free trade agreements kind of stare at them and say, well, eral that have passed here in the last without any safeguards. what does that matter if people do not couple of years, Singapore, I forget Mr. DEFAZIO. Right. They want to have work, if people do not have jobs, there are so many, and there are more keep doing, in fact, more of the same if people do not have income? Ulti- he is negotiating, now Morocco, I thing, but they want to pretend they mately, we will suffer, because if we do think, is ready, if we just say it is are doing something else. And then not have jobs, we will not be able to okay, laisse faire, or whatever the word they come up with all sorts of words. buy anything. is, I just do not see any end to it. There Like I said, they banned the word What was it Henry Ford said? I am is no way we are going to compete. outsourcing at the White House. Mr. not going to be able to build cars un- I guess my question to the gentleman Mankiw was taken to the woodshed less people can afford to buy them. It is, Is it really true a lot of these coun- and beaten severely for having been so just seems like you cannot convince

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.194 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1007 the President or the Republican leader- problem and just saying, oh, just hang countries. Because I guess the majority ship that somehow the job problem is a in there, something will happen. Well, of countries still do not have free trade problem. They do not buy into the idea the something that is happening is agreements with the United States, that it is a problem, yet they will not really pretty bad. and so simply not continue the policy admit that their policies are what they As I think I said earlier, they told us until we review it and see how we can are. They just continue to say, well, if only the value of the dollar drops, protect ourselves. this will solve itself somehow. This will our goods will become cheaper, and we Mr. DEFAZIO. Oh, Mr. Speaker, my come around and the jobs will be cre- will sell more abroad. The value of the colleague just used a bad word. Pro- ated. dollar is down 35 percent, and yet the tect. We should protect the American The President keeps saying, well, we amount of goods that we imported is standard of living? We do not want to are going to create more jobs next up over a year ago by $5 billion, a def- become protectionists. That is what month, and then the February report icit in goods. So how far does the dollar this administration would say. came out and said there were no new have to drop and what are the implica- I agree with my colleague. There is private sector jobs net resulting. So I tions for the U.S. consumers and our something at risk here. I think we are am just sort of baffled. Because I go standing in the world if the dollar gets in an economic war, as I said earlier. I home and this is what people talk into something like Argentina? think we need to protect ourselves and about to me, they talk about how they I spoke a couple of years ago to a maybe fight back. And this administra- had an IT job and it went overseas. I couple of economists, and I said I am tion is choosing not to do that because talked to some physicians the other pretty worried. I look at Argentina, there are a few people here in this day who told me that now their x-rays and I said, I think that used to be one country who are accumulating just fab- are shipped overseas, and they have of the wealthiest countries in this ulous wealth by outsourcing, by mov- them back the next day. hemisphere. They have an educated ing jobs and production overseas, pro- The public just sees this gradual populace and a lot of stuff going for ducing goods much more cheaply. They creeping up of every type of employ- them, and look. I said their economic are selling them at roughly the same ment being lost overseas, and we just collapse is extraordinary. I said, but price back here in the United States, keep passing these free trade agree- when I look at where we are, their def- but the profit margin is a lot larger. ments. It is just very frustrating to me icit in trade was less than ours as a I noticed a number of years ago when because I think that this issue has to percent of GDP and their foreign debt we could still buy shirts made in Amer- be addressed. And it does not seem like was obviously much, much lower than ica. I think that is probably something it is that hard to address it, yet we do ours. We owe over $2 trillion around we cannot do any more. But I used to not see any effort on the part of the the world because of these trade poli- go through the labels looking for them, Bush administration to do anything cies. I said, I think maybe we could be- and 5 or 8 years ago I could still find about it. come Argentina. some. I would notice they were right Mr. DEFAZIO. Mr. Speaker, if I I said to these economists, I think on the rack next to shirts made in Ban- could, we are politicians talking. I was this could happen in 5 or 8 years. And gladesh or somewhere else, and they doing a round of town hall meetings in they sort of leaned over to one another were all the same price. my district, and this is a pretty short and whispered; and then one of them The Bangladesh shirt did not sell for 15 cents. It sold for $25. The U.S.-made letter so I would like to read it. Ray- said, no, no, no, it will take at least 10. shirt sold for $25. The person who made burn M. South, Oakland, Oregon, rural But the response was not, no, we are the U.S. shirt made enough money to town in Oregon, and he wrote what he not at risk of becoming Argentina; no, we are not hollowing out our wealth, raise a family, buy a home, be a pro- considered to be the State of the our manufacturing, our future; no, we ductive citizen in our economy and live Union. He said, I could not afford a new car. are not exporting new technology jobs; a good life. The Bangladeshi was earn- He is an older gentleman, does not no, everything is going to work out. ing less than a dollar a day, very often have a large income, $18,000 to $20,000. I The response was, well, it will take a child labor or whatever else, but they sold for the same price. bought a used car and drove it home. little longer than that to totally de- That is what is going on now, except Looking it over, it was made in Mex- stroy our standing in the world and our now there is this new spin where the ico, a Nissan. I had to buy a jack so I economy. That is a pretty alarming statement; Bush people say they want a level play- could service my car. Went to Sears, but they said, oh, yeah, that is kind of ing field. And if their level playing bought a Craftsman jack. Came home, the way things are going. field does not bring other people up, unpacked it. Made in China. Then I Mr. PALLONE. The other thing, Mr. which they are indicating they have no needed a pair of shoes. Came home, Speaker, the gentleman has just point- intention of forcing, then what they looked at the bottom of the shoe. Made ed out, which is important, is that we are saying is they are expecting Ameri- in China. Ran out of batteries for my do not have to accept what is hap- cans to come down, as the CEO of Intel light. Came home, took the paper off pening. In other words, some people said. If people want to compete, they the batteries, maximum alkaline bat- have said, okay, we have already have to look at competing with engi- teries. Made in China. Christmas came. signed some of these free trade agree- neers from Russia who earn $5,000 a Someone gave me a shirt. Cutting the ments, they are in effect, the WTO is in year. tape out, one read ‘‘Made in China.’’ effect, the U.S. is in it. But the bottom Mr. PALLONE. It is just amazing. I Then my TV went on the blink. Looked line, as the gentleman pointed out, is was at a clothing store for kids with around at TVs. Bought a good old RCA. there is a lot we can do. my wife buying some things for the I thought it was a good old American First of all, we can sort of review all kids, and I searched throughout and I brand. Brought it home, unpacked it. these agreements. I think it was JOHN think I counted 50 countries that were Made in Mexico. Then I called my cous- KERRY who said that once elected on the labels, and the only thing I in in North Carolina. She was laid off. President that he would spend like the could find that was made in the United Her job went to Mexico. I called my first 6 months reviewing all the exist- States were some socks. And then an- other cousin in North Carolina. She is ing free trade agreements to see to other day I was at Cracker Barrel on working 2 days a week. She does not what extent they are harming the the way back to New Jersey on 95, and know where her job is going. Seems United States. And as the gentleman I had to wait in line, so I just looked like the people in China and Mexico are pointed out, the U.S. can file com- around to see if there was anything doing pretty good. We have a Congress, plaints with the WTO, can investigate made in the U.S. I found one shawl, or Senate, and President. Surely there is how these other companies subsidize something like that, that was made in something you can do to help our peo- things and dump them in the United North Carolina. A cotton shawl. That ple. Something stinks. Sincerely, Ray- States. There are a lot of things we can was the only thing in the place. burn M. South, Oakland, Oregon. do that this administration is not He speaks with more wisdom than doing. b 2215 most of our colleagues here in Congress And most important, stop signing As the gentleman said, they were cer- who are ignoring the reality of this new free trade agreements with other tainly no more expensive than the

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.195 H10PT1 H1008 CONGRESSIONAL RECORD — HOUSE March 10, 2004 other things in the store. They looked door where Republican congressional paign contributors coming in and out. like they were on the way out. Once staffers leave Capitol Hill, but con- And as President Bush said, the buck they were sold, I felt like I was looking tinue to advertise their relationship does not stop at his desk. The buck at the last item. My own town of Long with their former Republican boss, re- stops with these campaign contributors Branch was a major textile center. My lationships they claim can get their as the President opens the White House grandmothers on both sides both clients anything they want with Re- and Camp David to the highest bidder. worked in textile factories and raised publican legislation. Mr. Speaker, since President Bush the kids that way. Mr. Speaker, before I get into that entered the White House more than 3 The Bush administration does not do discussion, I want to talk about an- years ago, the buck has also been anything to try to promote American other revolving door, this one at the passed to administrators who have manufacturing or American jobs. They White House and Camp David. Today acted in the best interests of the cor- basically follow this policy that it is the Associated Press reports that porate interest rather than the best in- okay for everything to flow out of the President Bush opened the White terest of the American people. On Val- country. It has got to stop. Maybe be- House and Camp David to dozens of entine’s Day, the gentleman from Cali- cause they have refused to acknowl- overnight guests last year, including at fornia (Mr. GEORGE MILLER), who is the edge that is their policy is something, least nine of his biggest campaign co-chair of the Democratic Policy but unless they actually change their fund-raisers. According to the Associ- Committee, released a 21-page report policy in day-to-day operations, it is ated Press, more than 270 people have that was titled ‘‘How the Republicans not going to make any difference. stayed at the White House since Presi- Have Turn the Government Over to Special Interests.’’ In the report of the Mr. DEFAZIO. Mr. Speaker, I thank dent Bush took office with at least the gentleman from California (Mr. the gentleman. The implications are same number spending the night at GEORGE MILLER) he stated, ‘‘Pick al- dire, not only for the standard of living Camp David. The President appears to most any issue of public concern, water of Americans, our productive capacity, be opening the White House and Camp quality, food safety, defense contracts, our future standing in the world as a David to the highest bidders. pension security or health insurance, great power, but just one last item. Members may remember the con- and you will find that at every level of troversy surrounding President Clinton During the war with Iraq, we used a lot the Bush administration, powerful and how he allowed guests to spend the of cruise missiles. There is a critical roles and key agencies have been component of the cruise missile made night in the Lincoln bedroom. Repub- turned over to industry advocates who in Europe, either Sweden or Switzer- licans came to the floor and were in many cases have long opposed the land make that component, and they aghast at that. At the time, candidate very programs they are now charged refused to sell us any because they did Bush also expressed his outrage over with implementing.’’ not support the war. what he said was happening at the Imagine that, the Bush administra- What is going to happen in 10 years White House. In fact, during a debate tion has appointed former industry of- when China is looking at invading Tai- with Al Gore in 2000, then-candidate ficials to run national programs that wan or Mongolia for its resources, and Bush stated, ‘‘I believe they have they oppose. Let me give a few exam- the United States has to go to the Chi- moved that sign ‘The buck stops here’ ples from the report of the gentleman nese and say can we buy some weapons from the Oval Office desk to ‘The buck from California (Mr. GEORGE MILLER). from you because we think next year stops here’ on the Lincoln bedroom, The first one I would like to mention we are going to have to defend our- and that is not good for the country.’’ is when President Bush appointed selves from you. Today, the Associated Press article David Lauriski, the Assistant Sec- I do not understand the hawks clearly shows that President Bush has retary for Mine Health and Safety at around here who are blithely allowing changed his tune. The story lists nine the Department of Labor. Lauriski’s this hollowing out of our wealth and of Bush’s biggest fund-raisers either background was 30 years in the coal in- capacity to happen. I know it is enrich- sleeping over at the White House or at dustry. No wonder last June Lauriski’s ing the contributor class in this coun- Camp David. department issued controversial indus- try, which has a lot of clout at the First, there is Mercer Reynolds, an try-friendly regulations that would cut White House and in Congress; but it is Ohio financier, who is leading Bush’s down the amount of coal dust testing very disturbing to me. There are so campaign fund-raising effort. He stayed in mines. In addition to promoting in- many reasons why Members should be at both the White House and Camp dustry-friendly regulations at the ex- appalled by the trade policy. The pol- David. Then there was Brad Freeman, a pense of miners’ health, the report icy at the White House is to change the venture capitalist who is leading cites a whistle-blower in Lauriski’s de- names, not the policy. Bush’s California fund-raising effort, partment who alleged in a complaint Mr. Speaker, I thank the gentleman and he has raised at least $200,000 for that Lauriski awarded no-bid contracts for participating on this, and for all President Bush’s re-election campaign. to former business associates and the time he spends on the floor on this Freeman also stayed overnight at the friends and that he pressured investiga- and on so many other issues. White House. tors to approve an inaccurate report on f Then there is William DeWitt, who the devastating coal slurry spill in also raised at least $200,000, and who REVOLVING DOORS Kentucky. This is the guy that Presi- also spent the night at the White dent Bush appointed to supposedly en- The SPEAKER pro tempore (Mr. House. The list continues. I do not sure that miners working in coal mines BRADLEY of New Hampshire). Under the want to take up my whole hour, so I around our Nation are safe. Speaker’s announced policy of January am not going to go over the whole list. Another example from the report of 7, 2003, the gentleman from New Jersey Over the last 3 years, the President’s the gentleman from California (Mr. (Mr. PALLONE) is recognized for 60 min- credibility has been tested from cre- GEORGE MILLER) is when President utes. ating jobs to the issue of whether or Bush appointed William Hansen as the Mr. PALLONE. Mr. Speaker, I do not not Iraq had weapons of mass destruc- Deputy Secretary of Education where plan to use the entire hour, but I did tion; and now we learn that President he was in charge of, among other want to come to the floor tonight to Bush, who sharply criticized President things, overseeing the department’s di- discuss a troubling issue that seems to Clinton’s actions in allowing people to rect college loan program which com- be becoming more and more rampant stay overnight in the Lincoln bedroom, petes with private lenders. You ask within the Bush administration and is doing exactly the same thing. Nine where was William Hansen before he within the back rooms of the Congres- of his largest contributors have spent joined the Bush administration. Well, sional Republican Caucus, and that is the night at the White House or Camp Hansen served as CEO of a trade group the revolving door of powerful lobby- David. As a candidate, Bush criticized representing private lenders, and he ists turning in their corporate lobbying these same actions. founded a PAC that gave contributions cards in order to undermine the pro- Mr. Speaker, the door at both Camp to Federal candidates who favored pri- grams they are supposed to strengthen David and the White House continues vate lenders over the department’s di- within the administration, a revolving revolving with President Bush’s cam- rect loan program.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.198 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1009 Even worse, Hansen testified before that would be troubling.’’ Yet that is reporters, ‘‘If anybody is trading on my Congress against the direct loan pro- what seems to go on. name to get clients or make money, gram; and yet somehow President Bush Going back to the front page of last that is wrong and they should stop im- determined that he was the perfect per- Thursday’s Roll Call, there is another mediately.’’ Well, it does not seem to son to run the direct loan program. headline that says, ‘‘McCain Seeks be very believable. Based on Hansen’s past, we should not Files in Abramoff Probe.’’ This article Tonight, as I said, I have been talk- be surprised that on his watch the Edu- surrounds actions first discovered by ing about a revolving door, a door that cation Department cut off marketing The Washington Post several weeks swings for the Republican corporate in- for the direct loan program and ago in which the paper discovered Jack terests but shuts in front of everyday stopped competing for new schools to Abramoff, a White House lobbyist, and Americans. Whether it be the President offer the direct loans. The Bush admin- Michael Scanlon, a former aide to the opening rooms in the White House and istration even proposed selling the di- gentleman from Texas (Mr. DELAY), Camp David to the highest bidder, or rect loan portfolio to private lenders. persuading several Indian tribes to pay the administration hiring many of its After weakening the direct loan pro- their firms more than $45 million over key officials to advocate on behalf of gram, Hansen left the Bush administra- the past 3 years. Senator MCCAIN is policies they have opposed in the past, tion last July to become the managing now investigating these payments. or the questionable actions of former director of education services for the The Scanlon-Abramoff investigation Republican staffers who are func- Affiliated Computer Services, an infor- is a perfect example of how Scanlon tioning in a climate created by the ma- mation technology business that spe- used his relationship with his former jority leader, it is just unacceptable. cializes in outsourcing solutions to boss, the gentleman from Texas (Mr. I know that the media has been pay- commercial and government clients. DELAY), the majority leader, to influ- ing a lot of attention to this, and I Four months later, that company was ence legislation. When Republican think it is important that we bring it awarded a $2 billion contract from the Leader DELAY was asked about how out. I do not want people to think that Department of Education. both men promote their ties to him, he this is always the case, but it certainly Mr. Speaker, these are just two ex- stated, ‘‘I have no idea how their oper- is a strong indication that the Presi- amples, not even a half page, in this 21- ation is or what it is.’’ DELAY contin- dent and the Republican leadership in page report that the gentleman from ued, ‘‘What I can tell you is that if the Congress have been essentially in- California (Mr. GEORGE MILLER) put to- anybody is trading on my name to get volved with this revolving door for gether. There are many other examples clients or to make money, that is some time, and let us just hope it does that probably will be brought to the wrong and they should stop it imme- not get any worse. floor or discussed further on other diately.’’ f nights. Mr. Speaker, that is an interesting Within the Bush administration, it is statement. I wish it were true. How- LEAVE OF ABSENCE clear that a revolving door has been ever, we have to consider that the gen- By unanimous consent, leave of ab- created in which corporate leaders tleman from Texas (Mr. DELAY) has sence was granted to: come in and work for the administra- played an instrumental role in the K Ms. BERKLEY (at the request of Ms. tion for a period of time, weakening Street Project, a database that tracks PELOSI) for today from 3:00 p.m. and popular laws that benefit the American the party affiliation, Hill experience, the balance of the week on account of people. and political giving of every single lob- a funeral in the district. Unfortunately, this revolving door byist here in Washington. The K Street Mr. CARDOZA (at the request of Ms. does not only exist within the Bush ad- Project was featured in a July 2003 edi- PELOSI) for today after 4:15 p.m. and ministration. It also exists here within tion of the Washington Monthly, and the balance of the week on account of the Republican majority in the House the article stated back in 1995 that the medical reasons. of Representatives, and it should stop. gentleman from Texas (Mr. DELAY) Ms. HARMAN (at the request of Ms. The revolving door within the Repub- compiled a list of the 400 political ac- PELOSI) for today after 5:00 p.m. on ac- lican majority is becoming so wide- tion committees, along with the count of official business. spread if you picked up the newspapers amounts and percentages of money Mr. ORTIZ (at the request of Ms. the last week or so, you would think that had recently been given to each PELOSI) for today before noon on ac- that was the only thing going on up party. Lobbyists were then invited into count of personal business. here on Capitol Hill. the office of the gentleman from Texas Mr. REYES (at the request of Ms. There was a front page story in last (Mr. DELAY) and shown their place in PELOSI) for March 9 and today before Thursday’s Roll Call, which is the Cap- friendly or unfriendly columns. 2:00 p.m. on account of personal rea- itol Hill newspaper, one of the Capitol sons. b 2030 Hill newspapers. The first headline in Mr. WICKER (at the request of Mr. last Thursday’s Roll Call read, ‘‘Re- A veteran steel lobbyist told Wash- DELAY) for today and the balance of volving Door Snags Hill Aide.’’ There is ington Monthly that the House Repub- the week on account of the death of his a subheading, ‘‘Taylor Staffer Nego- lican leadership ‘‘assembled several mother. tiated Lobby Contract While on House large company CEOs and made it clear f Payroll.’’ to them that they were expected to Roll Call reports that Robert France, purge their Washington offices of SPECIAL ORDERS GRANTED the former top aide to the gentleman Democrats and replace them with Re- By unanimous consent, permission to from North Carolina (Mr. TAYLOR), ne- publicans.’’ The House Republican address the House, following the legis- gotiated a $60,000 lobbying deal on leaders also demanded more campaign lative program and any special orders House time. The negotiations came 2 money and help for the upcoming elec- heretofore entered, was granted to: months after the aide was able to se- tion. According to the article, the (The following Members (at the re- cure a $750,000 appropriations projected meeting descended into a shouting quest of Mr. BROWN of Ohio) to revise earmarked to his boss. match and the CEOs, most of them Re- and extend their remarks and include This revolving door, my question is, publicans, stormed out of the meeting. extraneous material:) Where does it end? Ken Gross, an ethics The gentleman from Texas (Mr. Mr. UDALL of New Mexico, for 5 min- and campaign finance lawyer told Roll DELAY) essentially is telling lobbying utes, today. Call, ‘‘People are certainly able to seek firms around Washington whom they Mr. BOYD, for 5 minutes, today. jobs, cashing in on their background can and cannot hire. He also has Mr. STENHOLM, for 5 minutes, today. and experience on the Hill.’’ Gross con- worked hard to place former aides in Mr. CASE, for 5 minutes, today. tinued to say, ‘‘If there is evidence of key lobbying and trade positions. The Mr. BROWN of Ohio, for 5 minutes, this person working as a staffer on leg- practice is so well known that these today. islation that would especially benefit former aides are known as ‘‘graduates Mr. STUPAK, for 5 minutes, today. this company while he is talking to of the DeLay school.’’ And yet, with a Ms. NORTON, for 5 minutes, today. them about going to work for them, straight face, the majority leader tells Mr. ALLEN, for 5 minutes, today.

VerDate jul 14 2003 02:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.200 H10PT1 H1010 CONGRESSIONAL RECORD — HOUSE March 10, 2004 Mr. MATHESON, for 5 minutes, today. transmitting the Department’s final rule— REPORTS OF COMMITTEES ON Mr. EMANUEL, for 5 minutes, today. Airworthiness Directives; Boeing Model 737– PUBLIC BILLS AND RESOLUTIONS Mr. POMEROY, for 5 minutes, today. 100, -200, -200C, -300, -400, and -500 Series Air- planes [Docket No. 2001–NM–156–AD; Amend- Under clause 2 of rule XIII, reports of Mr. CONYERS, for 5 minutes, today. ment 39–13478; AD 2004–03–34] (RIN: 2120– committees were delivered to the Clerk (The following Members (at the re- AA64) received February 23, 2004, pursuant to for printing and reference to the proper quest of Mr. PEARCE) to revise and ex- 5 U.S.C. 801(a)(1)(A); to the Committee on calendar, as follows: tend their remarks and include extra- Transportation and Infrastructure. neous material:) 7131. A letter from the Paralegal Spe- Mrs. MYRICK: Committee on Rules. House Resolution 554. Resolution providing for con- Ms. HARRIS, for 5 minutes, today. cialist, FAA, Department of Transportation, transmitting the Department’s final rule— sideration of the bill (H.R. 3717) to increase Mr. SMITH of Michigan, for 5 minutes, Establishment of Class E Airspace; the penalties for violations by television and today. Manokotak, AK [Docket No. FAA–2003–16083; radio broadcasters of the prohibitions Mr. MARIO DIAZ-BALART of Florida, Airspace Docket No. 03–AAl-19] received Feb- against transmission of obscene, indecent, for 5 minutes, today. ruary 23, 2004, pursuant to 5 U.S.C. and profane language (Rept. 108–436). Re- Ms. GRANGER, for 5 minutes, March 801(a)(1)(A); to the Committee on Transpor- ferred to the House Calendar. 16. tation and Infrastructure. (The following Members (at their own 7132. A letter from the Paralegal Spe- f request) to revise and extend their re- cialist, FAA, Department of Transportation, transmitting the Department’s final rule— marks and include extraneous mate- Modification of Class E Airspace; Greenfield, PUBLIC BILLS AND RESOLUTIONS rial:) IA. [Docket No. FAA–2003–16504; Airspace Mr. STRICKLAND, for 5 minutes, Docket No. 03–ACE–88] received February 23, Under clause 2 of rule XII, public today. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced Ms. JACKSON-LEE of Texas, for 5 min- Committee on Transportation and Infra- and severally referred, as follows: utes, today. structure. By Mr. KIRK (for himself, Mr. BASS, 7133. A letter from the Progrm Analyst, Mr. CASTLE, Mr. EHLERS, Mr. FEENEY, f FAA, Department of Transportation, trans- Mr. FRANKS of Arizona, Mr. GIBBONS, ADJOURNMENT mitting the Department’s final rule—Air- Mr. GILLMOR, Mr. HOUGHTON, Mrs. worthiness Directives; Boeing Model 727 Se- KELLY, Mrs. MYRICK, Mr. PLATTS, Mr. Mr. PALLONE. Mr. Speaker, I move ries Airplanes Modified in Accordance With RYAN of Wisconsin, Mr. SHAYS, Mr. that the House do now adjourn. Supplemental Type Certificate SA1368SO, UPTON, Mrs. BIGGERT, and Mrs. JOHN- The motion was agreed to; accord- SA1797SO, or SA1798SO [Docket No. 97–NM– SON of Connecticut): ingly (at 10 o’clock and 32 minutes 233–AD; Amendment 39–12859; AD 2002–16–20] H.R. 3925. A bill to amend the Congres- (RIN: 2120–AA64) received February 4, 2004, sional Budget Act of 1974 and the Balanced p.m.), the House adjourned until to- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Budget and Emergency Deficit Control Act morrow, Thursday, March 11, 2004, at 10 mittee on Transportation and Infrastruc- of 1985 to reform Federal budget procedures, a.m. ture. provide for budget discipline, accurately ac- f 7134. A letter from the Acting Chief, Publi- cation and Regulations Branch, Internal count for Government spending, and for EXECUTIVE COMMUNICATIONS, Revenue Service, transmitting the Service’s other purposes; to the Committee on the ETC. final rule—Common Mistakes on Tax Re- Budget, and in addition to the Committees turns [Notice 2004–13] received March 5, 2004, on Rules, Ways and Means, and Government Under clause 8 of rule XII, executive pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Reform, for a period to be subsequently de- communications were taken from the mittee on Ways and Means. termined by the Speaker, in each case for Speaker’s table and referred as follows: 7135. A letter from the Acting Chief, Publi- consideration of such provisions as fall with- in the jurisdiction of the committee con- 7126. A letter from the Paralegal Spe- cation and Regulations Branch, Internal cerned. cialist, FAA, Department of Transportation, Revenue Service, transmitting the Service’s By Mr. BILIRAKIS (for himself, Mr. transmitting the Department’s final rule— final rule—Frivolous Arguments to Avoid BROWN of Ohio, Mr. BARTON of Texas, Airworthiness Directives; Boeing Model 747– [Notice 2004–22] received March 5, 2004, pursu- Mr. DINGELL, Mr. UPTON, Mr. WAX- 400 and -400F Series Airplanes [Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee MAN, Mr. BURR, and Mr. PALLONE): 2003–NM–140–AD; Amendment 39–13373; AD on Ways and Means. 2003–24–04] (RIN: 2120–AA64) received Feb- 7136. A letter from the Acting Chief, Publi- H.R. 3926. A bill to amend the Public ruary 4, 2004, pursuant to 5 U.S.C. cation and Regulations Branch, Internal Health Service Act to promote organ dona- Revenue Service, transmitting the Service’s 801(a)(1)(A); to the Committee on Transpor- tion, and for other purposes; to the Com- final rule—Citizens or Residents of the tation and Infrastructure. mittee on Energy and Commerce. United States Living Abroad (Rev. Rul. 2004– 7127. A letter from the Porgram Analyst, By Mr. EMANUEL (for himself, Mr. 28) received March 5, 2004, pursuant to 5 FAA, Department of Transportation, trans- FRANK of Massachusetts, Mr. WEINER, U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- Mr. DEUTSCH, Mr. WAXMAN, Mr. LAN- Ways and Means. worthiness Directives; Boeing Model 727 Se- TOS, Mr. ENGEL, Mr. ACKERMAN, Mr. 7137. A letter from the Acting Chief, Publi- ISRAEL, Mr. BERMAN, Mrs. MCCARTHY ries Airplanes Modified in Accordance With cation and Regulations Branch, Internal Supplemental Type Certification SA1444SO, of New York, Mr. MICHAUD, Mr. NAD- Revenue Service, transmitting the Service’s LER, Ms. SCHAKOWSKY, Mr. CARDIN, SA1509SO, SA1543SO, or SA1896SO [Docket final rule—1986 Code (Rev. Rul. 2004–27) re- No. 97–NM–235–AD; Amendment 39–12861; AD Mrs. LOWEY, and Mr. WEXLER): ceived March 5, 2004, pursuant to 5 U.S.C. H.R. 3927. A bill to prohibit discrimination 2002–16–22] (RIN: 2120–AA64) received Feb- 801(a)(1)(A); to the Committee on Ways and ruary 4, 2004, pursuant to 5 U.S.C. in the provision of life insurance on the basis Means. of a person’s previous lawful travel experi- 801(a)(1)(A); to the Committee on Transpor- 7138. A letter from the Acting Chief, Publi- ences; to the Committee on Financial Serv- tation and Infrastructure. cation and Regulations Branch, Internal ices, and in addition to the Committee on 7128. A letter from the Paralegal Spe- Revenue Service, transmitting the Service’s Energy and Commerce, for a period to be cialist, FAA, Department of Transportation, final rule—1986 Code (Rev. Rul. 2004–29) re- subsequently determined by the Speaker, in transmitting the Department’s final rule— ceived March 5, 2004, pursuant to 5 U.S.C. each case for consideration of such provi- Airworthiness Directives; Bombardier Model 801(a)(1)(A); to the Committee on Ways and sions as fall within the jurisdiction of the DHC–8–102, -103, -106, -201, -202 -301, -311, and Means. -315 Airplanes [Docket No. 2002–NM–11–AD; 7139. A letter from the Acting Chief, Publi- committee concerned. Amendment 39–13459; AD 2004–03–15] (RIN: cation and Regulations Branch, Internal By Mr. FALEOMAVAEGA: 2120–AA64) received February 23, 2004, pursu- Revenue Service, transmitting the Service’s H.R. 3928. A bill to amend title 10, United ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule—Income from Sources within the States Code, to allow nationals of the United on Transportation and Infrastructure. United States (Rev. Rul. 2004–30) received States to attend military service academies 7129. A letter from the Program Analyst, March 5, 2004, pursuant to 5 U.S.C. and receive Reserve Officers’ Training Corps FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Ways and (ROTC) scholarships on the condition that mitting the Department’s final rule—Certifi- Means. the individual naturalize before graduation; cation of Airports [Docket No. FAA–2000– 7140. A letter from the Acting Chief, Publi- to the Committee on Armed Services. 7479; Amendment No. 121–304, 135–94] (RIN: cation and Regulations Branch, Internal By Mr. GILLMOR (for himself and Mr. 2120–AG96) received February 23, 2004, pursu- Revenue Service, transmitting the Service’s POMEROY): ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule—1986 Code (Rev. Rul. 2004–34) re- H.R. 3929. A bill to establish a national sex on Transportation and Infrastructure. ceived March 5, 2004, pursuant to 5 U.S.C. offender registration database, and for other 7130. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Ways and purposes; to the Committee on the Judici- cialist, FAA, Department of Transportation, Means. ary.

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.203 H10PT1 March 10, 2004 CONGRESSIONAL RECORD — HOUSE H1011

By Ms. HOOLEY of Oregon: H.R. 31: Mr. SANDLIN. H.R. 3480: Mr. WOLF. H.R. 3930. A bill to amend the Richard B. H.R. 58: Mr. STENHOLM. H.R. 3482: Mr. GREEN of Wisconsin. Russell National School Lunch Act to im- H.R. 97: Mr. GRIJALVA, Mr. NEY, Mr. WIL- H.R. 3507: Mr. MCNULTY. prove the summer food service program for SON of South Carolina, Mr. DAVIS of Ten- H.R. 3528: Ms. LEE. nessee, and Mr. BACA. children; to the Committee on Education and H.R. 3572: Mr. LEWIS of Georgia. the Workforce. H.R. 236: Mr. MICHAUD. H.R. 3574: Mr. MATHESON, Ms. LORETTA By Mr. KING of New York: H.R. 369: Ms. LINDA T. SANCHEZ of Cali- SANCHEZ of California, Mr. GARY G. MILLER H.R. 3931. A bill to provide for certain tun- fornia. of California, and Mr. MORAN of Virginia. nel life safety and rehabilitation projects for H.R. 463: Mr. SNYDER and Mr. RANGEL. H.R. 3599: Ms. MCCOLLUM. Amtrak; to the Committee on Transpor- H.R. 676: Mr. ABERCROMBIE. tation and Infrastructure. H.R. 677: Mr. MCGOVERN and Mr. WOLF. H.R. 3643: Mr. FROST and Mr. WOLF. By Mr. NUNES: H.R. 687: Mr. MURPHY. H.R. 3664: Mrs. JO ANN DAVIS of Virginia. H.R. 3932. A bill to amend Public Law 99- H.R. 732: Mr. KLINE, Mr. WILSON of South H.R. 3668: Mr. STENHOLM. 338 to authorize the continued use of certain Carolina, Mr. GORDON, Mr. KILDEE, Mr. H.R. 3673: Mr. CARDOZA and Mr. ANDREWS. lands within the Sequoia National Park by ISRAEL, Mr. STUPAK, Mrs. MCCARTHY of New H.R. 3684: Ms. SCHAKOWSKY and Mr. SABO. portions of an existing hydroelectric project; York, and Mr. KENNEDY of Minnesota. H.R. 3716: Mr. TURNER of Texas, Mr. to the Committee on Resources. H.R. 792: Mr. ROHRABACHER, Mr. TURNER of BALLENGER, and Mr. BERRY. By Mr. RAMSTAD (for himself and Mr. Ohio, and Mr. FILNER. H.R. 3719: Ms. CARSON of Indiana, Mr. RAN- H.R. 857: Mr. SCOTT of Georgia. CRANE): GEL, Mr. CLAY, Mr. HOLT, Ms. LINDA T. H.R. 871: Mr. DEMINT. H.R. 3933. A bill to repeal section 754 of the SANCHEZ of California, and Mr. HOEFFEL. H.R. 1078: Mr. DOYLE. Tariff Act of 1930; to the Committee on Ways H.R. 3745: Mr. SOUDER. H.R. 1097: Mr. BERMAN and Mrs. MCCARTHY and Means. H.R. 3755: Mr. EMANUEL, Mr. MCCOTTER, By Mr. WEINER (for himself, Mr. FER- of New York. AJETTE and Mr. DELAHUNT. GUSON, Mr. WEXLER, Ms. BERKLEY, H.R. 1105: Ms. M . H.R. 1214: Mr. DAVIS of Illinois, Mr. GEORGE H.R. 3763: Mr. ADERHOLT and Mr. VIS- Ms. JACKSON-LEE of Texas, Mr. NAD- MILLER of California, Mr. WU, Mr. HYDE, Mr. CLOSKY. LER, Mr. DEUTSCH, and Mr. ISRAEL): H.R. 3764: Mr. KIND, Mr. DAVIS of Illinois, H.R. 3934. A bill to halt the issuance of SIMMONS, and Mrs. CAPITO. Mr. KUCINICH, Ms. WATSON, Mr. LANTOS, and visas to citizens of Saudi Arabia until the H.R. 1228: Mrs. CHRISTENSEN and Mr. Mrs. CAPITO. President certifies that the Kingdom of STARK. Saudi Arabia does not discriminate in the H.R. 1231: Mr. VITTER. H.R. 3773: Mr. RAMSTAD, Mr. AKIN, Mr. H.R. 1241: Mr. SHERMAN. issuance of visas on the basis of religious af- FOSSELLA, Mrs. MUSGRAVE, Mr. SESSIONS, H.R. 1258: Mr. ISRAEL and Mr. FILNER. filiation or heritage; to the Committee on Mr. CANTOR, Mr. FLAKE, and Mr. VITTER. H.R. 1534: Mr. BACA. the Judiciary. H.R. 3781: Mr. NUNES. H.R. 1567: Mr. GINGREY. By Mr. WU: H.R. 3793: Mr. KING of New York. H.R. 1608: Mr. GOSS and Mr. MCGOVERN. H.R. 3935. A bill to amend title XVIII of the H.R. 3799: Mr. MILLER of Florida, Mr. H.R. 1613: Mrs. CHRISTENSEN, Mr. MCINTYRE Social Security Act to provide geographic WAMP, and Mrs. JO ANN DAVIS of Virginia. and Ms. MCCOLLUM. equity in fee-for-service reimbursement for H.R. 3800: Mr. ISAKSON, Mr. UPTON, Mr. H.R. 1684: Ms. CORRINE BROWN of Florida, providers under the Medicare Program; to BROWN of South Carolina, Mr. SMITH of Mr. WEINER, and Mr. CUMMINGS. the Committee on Ways and Means, and in Texas, and Mr. BRADY of Texas. H.R. 1749: Mr. LEACH. addition to the Committee on Energy and H.R. 3846: Mr. WALDEN of Oregon. H.R. 1767: Mr. HOEKSTRA. Commerce, for a period to be subsequently H.R. 1769: Mr. MEEHAN and Mr. DAVIS of H.R. 3881: Mr. JEFFERSON, Mr. SABO, Mr. determined by the Speaker, in each case for Florida. MOORE, and Mr. OLVER. consideration of such provisions as fall with- H.R. 1861: Mr. PAYNE. H.R. 3901: Mr. AKIN, Mr. CHOCOLA, Mr. in the jurisdiction of the committee con- H.R. 1930: Mr. TIERNEY and Mr. GUTIERREZ. UPTON, and Mr. HASTINGS of Washington. cerned. H.R. 2037: Mr. MORAN of Kansas. H.R. 3913: Mr. UPTON. By Mr. COOPER (for himself and Mr. H.R. 2068: Mr. NADLER, Mr. LEACH, Ms. WA- H.R. 3917: Mr. ACKERMAN, Mr. BISHOP of CUNNINGHAM): TERS, and Mr. FILNER. New York, Mr. BOEHLERT, Mr. CROWLEY, Mr. H. Con. Res. 380. Concurrent resolution rec- H.R. 2069: Mr. LEACH. ENGEL, Mr. FOSSELLA, Mr. HINCHEY, Mr. ognizing the benefits and importance of H.R. 2239: Mr. LEVIN. HOUGHTON, Mrs. KELLY, Mr. KING of New school-based music education; to the Com- H.R. 2339: Mr. FERGUSON. York, Mrs. LOWEY, Mrs. MALONEY, Mrs. mittee on Education and the Workforce. H.R. 2402: Mr. FROST. MCCARTHY of New York, Mr. MCHUGH, Mr. By Mr. RYUN of Kansas (for himself, H.R. 2475: Ms. HARRIS. MCNULTY, Mr. MEEKS of New York, Mr. NAD- Mr. ENGEL, and Mr. WALSH): H.R. 2482: Mr. BAIRD. LER, Mr. OWENS, Mr. QUINN, Mr. RANGEL, Mr. H. Con. Res. 381. Concurrent resolution H.R. 2490: Ms. ROYBAL-ALLARD. REYNOLDS, Mr. SERRANO, Ms. SLAUGHTER, supporting the goals and ideals of Tinnitus H.R. 2824: Ms. NORTON, Mrs. CAPPS, and Mr. Mr. SWEENEY, Mr. TOWNS, Ms. VELA´ ZQUEZ, Awareness Week; to the Committee on En- BURGESS. Mr. WALSH, and Mr. WEINER. ergy and Commerce. H.R. 2987: Mr. NADLER, Mr. ABERCROMBIE, H.R. 3919: Ms. JACKSON-LEE of Texas, Mr. By Mr. LEACH: and Mr. HINCHEY. VAN HOLLEN, Mr. FRANK of Massachusetts, H. Res. 553. A resolution electing Members H.R. 2905: Mr. JENKINS, Ms. NORTON, Mr. Mr. SANDERS, and Mr. DAVIS of Illinois. to a certain standing committee of the SMITH of Washington, Mr. MORAN of Kansas, H.R. 3921: Ms. BERKLEY. House of Representatives; considered and and Mr. HOSTETTLER. H. Con. Res. 70: Mr. RUSH. agreed to. H.R. 2926: Ms. SCHAKOWSKY. H. Con. Res. 98: Mr. NUNES. By Mr. MEEKS of New York: H.R. 2932: Mr. FARR. H. Res. 555. A resolution expressing the H.R. 2949: Mr. BAIRD. H. Con. Res. 247: Mrs. MALONEY. heartfelt sympathy of the House of Rep- H.R. 2971: Mr. OBEY. H. Con. Res. 285: Mr. CASE. resentatives for the victims of the earth- H.R. 3103: Mr. WAMP. H. Con. Res. 314: Mr. LEWIS of Georgia. quake on February 24, 2004, near Al Hoceima, H.R. 3125: Mr. JENKINS and Mr. STENHOLM. H. Con. Res. 332: Mrs. EMERSON, Mr. Morocco, and for other purposes; to the Com- H.R. 3142: Mr. NEAL of Massachusetts, Ms. CHOCOLA, and Mr. FOSSELLA. mittee on International Relations. SCHAKOWSKY, Mr. DOGGETT, and Mr. ISSA. H. Con. Res. 338: Mr. LANGEVIN. By Mr. MORAN of Virginia (for him- H.R. 3246: Mr. CANTOR. H. Con. Res. 352: Mr. VAN HOLLEN and Mr. self, Mrs. CUBIN, Mr. TOM DAVIS of H.R. 3257: Mr. RAHALL. TIERNEY. Virginia, Mr. DICKS, Ms. ESHOO, Mr. H.R. 3277: Ms. LEE. H. Con. Res. 356: Mr. STUPAK and Mr. KIND, Ms. EDDIE BERNICE JOHNSON of H.R. 3295 Mrs. JOHNSON of Connecticut. EVANS. Texas, Ms. LOFGREN, Mr. REGULA, Mr. H.R. 3337: Mr. KIND. H. Con. Res. 365: Mr. WILSON of South Caro- SMITH of Michigan, Mr. YOUNG of H.R. 3377: Ms. NORTON, Ms. ROYBAL-AL- lina. LARD, and Mrs. CHRISTENSEN. Florida, and Mr. BOEHLERT): H. Con. Res. 366: Mr. ACKERMAN, Mr. ABER- H.R. 3386: Mr. DAVIS of Illinois. H. Res. 556. A resolution congratulating CROMBIE, Mr. LEWIS of Georgia, Mr. DEFAZIO, H.R. 3403: Mr. DEAL of Georgia and Mr. the United States Geological Survey on its Mr. MCHUGH, Mr. VISCLOSKY, Mr. OBEY, Mr. BURR. 125th Anniversary; to the Committee on Re- BECERRA, and Mr. CONYERS. sources. H.R. 3416: Ms. ROYBAL-ALLARD. H. Con. Res. 367: Mr. FLAKE. H.R. 3441: Mr. BALLANCE, Mr. BOEHNER, Ms. f REEN WOOLSEY, Ms. CARSON of Indiana, Mr. BURR, H. Con. Res. 371: Mr. G of Texas. ADDITIONAL SPONSORS Mr. TAYLOR of Mississippi, Mr. LUCAS of Ken- H. Res. 402: Mr. BURR. H. Res. 446: Mr. GOODLATTE. Under clause 7 of rule XII, sponsors tucky, Mr. MCINTYRE, Mr. SNYDER, and Ms. LEE. H. Res. 524: Mr. INSLEE and Mr. RANGEL. were added to public bills and resolu- H.R. 3444: Mr. MCGOVERN. H. Res. 540: Mr. SMITH of New Jersey. tions as follows: H.R. 3474: Mr. SCHIFF, Mr. STENHOLM, Mr. H. Res. 542: Mr. MARKEY and Mr. GUTIER- H.R. 25: Mr. TOOMEY. HINOJOSA, and Mr. BOUCHER. REZ.

VerDate jul 14 2003 04:14 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\L10MR7.100 H10PT1 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, WEDNESDAY, MARCH 10, 2004 No. 30 Senate The Senate met at 9:30 a.m. and was Mr. BROWNBACK thereupon as- RESERVATION OF LEADER TIME called to order by the Honorable SAM sumed the Chair as Acting President The ACTING PRESIDENT pro tem- BROWNBACK, a Senator from the State pro tempore. pore. Under the previous order, the of Kansas. f leadership time is reserved. PRAYER f RECOGNITION OF THE MAJORITY CONGRESSIONAL BUDGET FOR The Chaplain, Dr. Barry C. Black, of- LEADER fered the following prayer: THE UNITED STATES GOVERN- Let us pray: The ACTING PRESIDENT pro tem- MENT FOR FISCAL YEAR 2005 O God of field and forest, who made pore. The majority leader is recog- The ACTING PRESIDENT pro tem- the hill and stream, thank You for cre- nized. pore. Under of the previous order, the ating in us a wonder for sky and brook f Senate will resume consideration of S. and stone. Thank You for the glorious Con. Res. 95, which the clerk will re- inspiration of the brilliant dawn and SCHEDULE port. sunsets fading from blue to gold. For- Mr. FRIST. Mr. President, this morn- The legislative clerk read as follows: give us when we let our priorities com- ing we resume consideration of the A concurrent resolution (S. Con. Res. 95) pete with our loyalty to You. Open our setting forth the congressional budget for budget resolution. There are now 27 minds to the counsel of eternal wisdom the United States Government for fiscal year hours remaining for debate on that res- and breathe into our souls Your peace. 2005 and including the appropriate budgetary olution. The chairman and ranking Lord, increase our hunger and thirst levels for fiscal years 2006 through 2009. member are here and are ready to con- for right living and lead us nearer to The ACTING PRESIDENT pro tem- tinue with the consideration of amend- You. Bless our Senators. Help them to pore. Under the previous order, the ments. honor You both in spirit and deeds. We Senator from Nevada, Mr. ENSIGN, is to Under the order from last night, fol- pray this in Your holy name. Amen. be recognized for up to 30 minutes. lowing Senator ENSIGN’s remarks, Sen- The majority leader is recognized. f ator MURRAY will offer an amendment Mr. FRIST. Mr. President, I have a PLEDGE OF ALLEGIANCE related to education. Following the short statement I will give, and I as- The Honorable SAM BROWNBACK led Murray amendment, Senator GRAHAM sume the Democratic leader will have a the Pledge of Allegiance, as follows: of South Carolina will offer an amend- statement. Following that, I ask unan- I pledge allegiance to the Flag of the ment regarding TRICARE. Rollcall imous consent that the Senator from United States of America, and to the Repub- votes will therefore occur throughout Nevada be recognized. lic for which it stands, one nation under God, the day. The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. We will complete the budget resolu- pore. Without objection, it is so or- f tion this week. It will be a long day dered. today and late tonight, I assume, as The majority leader is recognized. APPOINTMENT OF ACTING well as tomorrow and tomorrow night. Mr. FRIST. Mr. President, I want to PRESIDENT PRO TEMPORE I ask for the cooperation of all Mem- open by congratulating the chairman The PRESIDING OFFICER. The bers as we do everything we possibly of the Senate Budget Committee and clerk will please read a communication can to assist the managers in com- ranking member and all committee to the Senate from the President pro pleting the budget resolution. members for the outstanding work tempore (Mr. STEVENS). Mr. President, once we get on the they have done in bringing this resolu- The legislative clerk read the fol- bill, I have a short statement. tion to the floor in a very timely man- lowing letter: ner. It was a little over a month ago U.S. SENATE, f that the President of the United States PRESIDENT PRO TEMPORE, transmitted his proposed budget to the Washington, DC, March 10, 2004. ORDER OF PROCEDURE Congress, and the Budget Committee, To the Senate: Mr. REID. Mr. President, I ask unan- under real time constraints, was able Under the provisions of rule I, paragraph 3, imous consent that the statement of to hold hearings and debate, mark up, of the Standing Rules of the Senate, I hereby the two leaders be charged against the and report its own congressional budg- appoint the Honorable SAM BROWNBACK, a Senator from the State of Kansas, to per- time on the budget resolution. et plan and bring it to the floor last form the duties of the Chair. The ACTING PRESIDENT pro tem- Thursday evening. TED STEVENS, pore. Without objection, it is so or- My experience with budget resolu- President pro tempore. dered. tions on the Senate floor tells me that

∑ 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 jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.000 S10PT1 S2466 CONGRESSIONAL RECORD — SENATE March 10, 2004 it will become very hectic, really be- first reconciliation bill was, indeed, heard over the last several days, and ginning today and tomorrow and the crafted under Chairman HOLLINGS’ we will hear for the next 3 days, there next day—over the next 3 days. There leadership in 1980. will be debate and an amendment proc- is a limited amount of time, as we all Senator HOLLINGS was instrumental ess. The big difference between what know. There are 27 hours remaining for in the first major reforms to the Fed- goes on here and what goes on with debate on that resolution as of this eral budget process, being one of the that family is size, the obvious one. morning. That time will end up passing authors, along with Senators Gramm Another difference is that what we very quickly, particularly when we and Rudman, of the Balanced Budget plan here can have a direct impact on have a recess sitting on the other end and Emergency Deficit Control Act of that family sitting around that kitch- awaiting completion of this resolution. 1985, more familiarly known as en table. As I mentioned earlier, we will com- Gramm-Rudman-Hollings. Will we keep that family’s taxes from plete this budget resolution this week I mention Senator HOLLINGS in part increasing next January by planning before the recess. Since we have a lim- because of this long history, and I dis- our budget here to prevent that child ited time, I want to right upfront pay cussed some of it with him last night tax credit, now $1,000, from falling to tribute to Chairman NICKLES and one at dinner. As we all know, he too will $700 per child, thus taking $300 per other Senator this morning. be voluntarily leaving the Senate at child away from that family? Chairman NICKLES, as we all know, the end of this Congress. So this is his Will we plan to keep the 10-percent will be leaving the Senate at the end of last budget resolution debate on the rate bracket from dropping next Janu- his fourth term. After 2 years as chair- Senate floor, and just like the 30 de- ary from $4,300 to $12,000 as a threshold man of the Budget Committee, this bates before, I am sure he will not dis- for joint filers? will be the last Federal budget he will appoint the Senate with his contribu- Will we plan to prevent the standard manage on the Senate floor. Last year, tion to this debate over the next 3 deduction for that married couple, and with his first budget resolution as days. this is known as the marriage penalty chairman, we were able to complete a We have begun deliberating a blue- tax, from dropping next January and budget resolution in record time. print for next year’s Federal budget, thereby continuing to penalize them Eighty amendments were offered last and that is exactly what it is; it is simply because they are married? All of these, which we are talking year and were all considered on the truly a blueprint. For those who may about in the resolution, will keep fami- floor. That was the third highest ever be observing these proceedings for the lies from having to pay more beginning considered on the budget resolution in first time, it may appear we are pass- January. In fact, these three tax items ing laws on spending for our national history. In 1998, there were 106 amend- alone could mean the difference of over defense, education, or health programs, ments. Last year was the third highest. $13 billion in additional take-home pay I have had the opportunity to serve or it may appear we are enacting tax next year for nearly 38 million hard- on the Budget Committee in the past legislation, but we are not. Listening working families. Add that up and it to the debate it may sound like it but and I know it is a very difficult assign- becomes over $100 billion in additional that is not what we are doing. ment; it is a demanding committee. income to those families sitting around It is really not unlike a family sit- But I believe the ranking member those kitchen tables over the next 5 ting around the kitchen table at the would agree with me, while the rank- years. So what we plan for in our own beginning of a new year discussing and ing member and the chairman have not Federal budget can and will impact the estimating how much income they will always agreed on policy, Senator NICK- budgets of millions of America’s fami- have over the course of the next 12 LES has maintained a fair and open and lies in a very direct way. collegial committee on which to work. months, how that income will be spent This is a challenging budget year. We Six years before Senator NICKLES was and how it should be allocated to the are all aware it is a political year, with first elected to the Senate, in Decem- basic needs, whether it is to their shel- the Presidential election this Novem- ber 1974, Sam Ervin, the distinguished ter, food, or health care, and then how ber, and thus reaching real consensus chairman of the Committee on Govern- much they should save for their chil- on a budget will be difficult under the mental Operations, wrote: dren’s needs. It might be for schooling best of circumstances, let alone in this I have no doubt that the Congressional or it might be for their own retire- Presidential election year. Budget and Impoundment Control Act of 1974 ment. The deficits we currently face are un- will stand as a monument to the 93rd Con- That is exactly what we are doing, or acceptable. The budget crafted by the gress and its devotion to our constitutional it is very similar to what we are doing, committee puts a priority on reducing system of Government. over the course of this week in this 50 them. We understand why the deficits This is the 30th anniversary of the hours of debate when we are adopting a are there: recession and war on terror. enactment of the historic legislation congressional budget plan. Through this budget plan we will cut which established the Senate Budget Just like that family sitting around those deficits in half over the next 3 Committee, established the Congres- the kitchen table, we are going to have years. sional Budget Office, and established differences and those differences are At the same time, the budget blue- the procedures that we are involved in going to be expressed. There will be print that we debate from the com- today in considering a congressional strong opinions on how our income mittee remains committed to certain budget resolution. should be divided among what people priorities. The budget blueprint as- Many did not expect that what at the project as demands that will come and sumes spending for our national secu- time was a completely new process to demands that we have today. Once we rity will increase over $20 billion next survive. Indeed, it has survived over come to an agreement on a budget year. That is an increase of about 5.1 the last 30 years. In a way, over those plan, which we will in the next 3 days, percent. It assumes funding for domes- 30 years, it certainly had its bumps and just like that family, we will be tasked tic, or our homeland security, will in- bruises. Just down the road from Sen- to implement it by passing the revenue crease by 15 percent. Both of these in- ator Ervin’s home, one Senator, and and spending totals that are assumed creases are essential in our war on ter- only one Senator in this Chamber in that blueprint. rorism. today, has served on the Budget Com- We will also be asked to stick to it Important domestic programs are not mittee from its very beginning, and throughout the year, and so we will be ignored. We all know a key to job that is Senator FRITZ HOLLINGS. He has putting up some roadblocks and some growth in the future is one that gives a been there from the very beginning. warning signals in our budget plan to high priority to education, to retrain- For 2 years, in 1979 and 1980, Senator remind us if we get off track or if we ing, to learning in schools, the basics HOLLINGS—and this was when Ed begin to go astray. Indeed, that is the of mathematics, writing, and verbal Muskie left the Senate to serve as Sec- importance of passing this budget reso- skills. retary of State under President lution. Chairman Greenspan recently testi- Carter—also served as its chairman. There are differences, just like sit- fied: Just a little bit of budget trivia: As I ting around that table in a family, By far the greatest contribution during the was looking through the history, the when planning a budget. As we have past century to our average annual real GDP

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increase of 31⁄4 percent has been the ideas em- wishful thinking. A chart appeared in Ironically, that is about the dif- bodied in both our human and physical cap- the New York Times yesterday that ference between where the Senate is ital. Technological advance is continually lays out very graphically how inac- and where the administration wants to altering the shape, nature and complexity of curate the job predictions have been. In our economic processes. go with regard to highway construc- his column yesterday, Paul Krugman tion funds. They would rather spend it Yes, education has always been, and wrote about this unfortunate mis- on millionaires. Many of us feel very will continue to be, the key to our calculation in the prediction of jobs. strongly it is important to spend it country’s economic future, and the His most graphic illustration of this where we can create jobs—not jobs in blueprint assumes we will increase miscalculation is entitled ‘‘Promises, India, not jobs in China, but jobs here funding for disadvantaged children for Promises.’’ It is a chart. It is easy to at home, trying to meet that target title I grants to local education agen- understand. the administration said was so impor- cies by over 8 percent, up over $1 bil- The administration predicted in 2002 tant, 138 million. They are right. It is lion next year, bringing the total Fed- the creation of 138 million jobs. Then eral funding for this program to $4.6 important. We need to create those in 2003 they corrected that prediction. jobs. But we are not going to do it with billion. This program is the single larg- They said it isn’t going to be 138 mil- est Federal funding source for the No the policies that have so far been ar- lion; it will be 135 million. In 2004, they ticulated by this administration. Child Left Behind legislation. said it isn’t going to be 138 million, it The resolution also makes room for Later today, Senator BOXER will be isn’t going to be 135 million, now it’s offering an amendment that will create increased funding for special edu- going to be 132 million. Now we find cation, or the Individuals with Disabil- jobs beyond those we now know could out, in 2004, it wasn’t 138, 135, or 132 be created in the highway bill. We are ities Education Act. This increased million; it was 130 million jobs, which funding for special education assumes going to allow for an amendment that means they were 8 million jobs off the would discourage the flow of jobs over- to go up by $1 billion, and that is the mark in predicting where the non-farm seas and give assistance to workers fourth consecutive year of $1 billion in- payroll employment rolls would be dur- whose jobs have been actually elimi- creases, bringing funding for this spe- ing the course of their term in office. cial education program next year to From the very first days in office, nated in the Bush economy. It would over $11.1 billion. the Bush economic team has failed to offer tax credits to companies that cre- The resolution allows for a 5-percent understand what it takes to create ate manufacturing jobs by making it increase in veterans medical care fund- jobs. I might say, as we look at the job more affordable for small businesses to ing, up $1.4 billion, to a total of nearly creation, this is American job creation. offer coverage to their employees. It $30 billion for these important pro- Unfortunately, I fear, while we don’t would discourage the exporting of grams next year. have any numbers, the outsourcing job American jobs by eliminating the tax The resolution also assumes moneys creation probably does exceed the pre- advantages for companies that take for critical international assistance diction. I wouldn’t be surprised if, their plants overseas, and by prohib- programs, a 13.5-percent increase in under the watch of President Bush, we iting the Federal Government from discretionary funding in this area, in- have actually seen more than 8 million dealing with contractors who cluding last year’s newly authorized jobs created. The problem is, most of outsource the work of their Govern- Millennium Challenge Corporation. them have been in India and China, and ment contracts to workers overseas. It Full funding for the HIV/AIDS initia- countries in south Asia. It is American would also help workers who are dis- tive of $2.8 billion next year is assumed jobs we are gauging here, and it was a located by global economic forces by in the blueprint, putting us on the path prediction that it was American jobs including service workers in the Trade to meet our goal of $15 billion over 5 that would be created at that 138 mil- Adjustment Assistance Program and years. lion level. by extending health care coverage to In closing, these are a few of the pri- We know how to create jobs, but for trade-dislocated workers. orities embodied in this blueprint. It some reason this administration has Most of us believe families should not does not please everyone. How could it? not been willing to commit, in policy have to lose their health coverage be- There is no guarantee that all of the or in resources, the effort that must be cause of economic forces beyond their assumptions in the blueprint will be made to ensure those jobs are created. control. The amendment we will be of- fulfilled as we move on to the funding We had the most recent illustration of fering today says, while they are still legislation that will implement this that a couple of weeks ago. The trans- trying to get back on their feet, they blueprint. portation bill the Senate has now voted must have the opportunity to access The demands are great. The re- on, on an overwhelmingly bipartisan health care in some form. sources at this point in time are lim- basis, we are now told would create 1.7 Since the administration has come to ited. Just like a family making dif- million jobs in 6 years. South Dakota office, its economic policy has been to ficult and unpopular challenging deci- would see over 5,000 jobs created; Cali- borrow money from foreign bankers, sions, we, too, will not be able to pro- fornia, 87,000 jobs created; Texas, 60,000; hand it over to the wealthiest people in vide all of the funds some think are New York, 61,000; Virginia, DC and the country, and hope for the best. The needed for particular programs or need- Maryland, 45,000 jobs. Thirty percent of result is a $9 trillion meltdown of our ed projects. I believe it is a solid, our roads and bridges are in a state of fiscal position and now the loss of 3 strong budget plan, presented to us by severe disrepair and those jobs would million jobs. the chairman and the committee and it go to dealing with the incredible prob- We need a new direction. Yesterday is one that deserves our strong support. lem we have with infrastructure in the Washington Post the poll sug- The ACTING PRESIDENT pro tem- deconstruction. gested 57 percent of the American peo- pore. The Democratic leader. I think the broad support, 76–21, in ple shared that view. We have come to Mr. DASCHLE. Mr. President, last the Senate marked yet another state- a point where we must take a different Friday we were presented with the lat- ment about our appreciation of the direction. Economists are worried if est report on the creation of new jobs magnitude, the importance of that bill; jobs are not created soon, Americans in our economy. The administration yet what the administration has done could lose confidence and spur an even predicted about 200,000. In February, in response to our passage of that bill steeper downturn in the economy. unfortunately, we only created 21,000— is to say they would veto it today, veto We know how to create jobs. Let’s 180,000 short of what the administra- it because they say we cannot afford it. pass the highway bill. Let’s pass the tion predicted. If you don’t count the We just talked yesterday about the Boxer Democratic amendment today. increases in Government payroll, there fact we are spending $27 billion this Let’s ensure we send the right message was actually no job growth whatsoever year to provide those who are making about the direction we want this coun- in the entire year of 2003. Unfortu- incomes of more than $1 million a tax try to take. We can do that with this nately, that could also be said of 2002, break. We can afford to give million- budget resolution and with legislation and 2001. aires a tax break of $27 billion, but we that has come before the Senate. I The administration’s economic fore- can’t afford the commitment this coun- hope, on a bipartisan basis, we can send casts appear to be little more than try must make in infrastructure. that message to the American people.

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.006 S10PT1 S2468 CONGRESSIONAL RECORD — SENATE March 10, 2004 I yield the floor. ceeded our expectations, accomplished both sides of the aisle to resolve these The ACTING PRESIDENT pro tem- the mission in a shorter period of time, differences. pore. The Senator from Nevada is rec- with far fewer losses than we even an- On February 24, Senator LEVIN, rank- ognized for up to 30 minutes under the ticipated ourselves. ing member of the Armed Services previous order. Senator KERRY has woven a picture Committee, sent a letter to Chairman Mr. ENSIGN. Mr. President, this of incompetence and malfeasance by NICKLES and Senator CONRAD. morning I rise to speak about the na- our military leaders and our President. In his letter he stated that ‘‘no one tional defense function of this budget Nothing could be further from the can predict with precision what these resolution. The resolution provides truth. It is amazing the different pic- fiscal year 2005 costs will be’’ and rec- $413.9 billion in discretionary spending tures painted by those who have been ommended an increase in ‘‘budget au- for our national defense. This amount there, and those who have not. thority for the national defense func- represents a increase of almost $20 bil- I personally visited Iraq last Decem- tion by $30 billion in fiscal year 2005.’’ lion, 5 percent above the 2004 level. ber. As a matter of fact, I was privi- I agree with my distinguished col- As chairman of the Readiness and leged to have been in the country the league from Michigan when he said Management Support Subcommittee of day the Third Infantry Division cap- that this is ‘‘the responsible thing to the Armed Services Committee, I am tured Saddam Hussein. I have to tell do for our troops and for budget accu- keenly aware that today we are a na- you what impressed me the most was racy.’’ tion at war. Almost 200,000 U.S. mili- watching our troops go above and be- This budget takes Senator LEVIN’s tary service personnel are currently de- yond the call of duty; painting schools, suggestions to heart and includes the ployed around the world in Operation rehabbing hospitals, and winning over supplemental resources necessary to Iraqi Freedom, Operation Enduring the hearts and minds of the Iraqi peo- provide for the 200,000 men and women Freedom, and other military oper- ple, even in the Tikrit region where in our military who are currently serv- ations in the ongoing global war on their safety was most at risk. ing abroad. terrorism. Watching events in Iraq unfold un- I look forward to working with my Our soldiers, sailors, airmen and ma- derscores that America is blessed with Senate colleagues to ensure that we rines remain deployed in Korea, the more than her fair share of heroes. adequately address the sacrifices of our Balkans, at sea and elsewhere, pro- These men and women are doing what men and women in uniform, by passing tecting American interests and deter- needs to be done in an extremely hos- a budget resolution that provides the ring aggression. tile environment. And they are depend- resources that will sustain and improve There can be no disagreement on the ing on this Congress to pass a budget our military as they fight for security magnificent manner which our Armed that gives them the resources to com- of this great Nation. By fully sup- Forces have answered their nation’s plete their mission and return home porting this budget, we will send a call. Their professionalism and per- safely to their families. This budget clear message of support to our troops, formance have been brilliant, and their ensures that the military has the re- worldwide, and an important message willingness to sacrifice for this country sources it needs to remain properly to the world of America’s complete is inspiring. prepared and adequately equipped. commitment to freedom and security. That is why I am so troubled today In his radio address, Senator KERRY I yield the floor. by the Democrats’ response to Presi- also stated that: ‘‘I will never send our The PRESIDING OFFICER (Mr. dent Bush’s weekly radio address last troops into harm’s way without enough GRAHAM of South Carolina). The Sen- Saturday. That response was delivered firepower and support.’’ ator from North Dakota. by Senator JOHN KERRY, their party’s Strong words, but words alone offer Mr. CONRAD. Mr. President, I ask presumptive Presidential nominee. little in this context and in the overall unanimous consent for 5 minutes be- We all know that each Senator has a context of our budget discussions. It is fore Senator MURRAY begins her re- right to state their opinion on defense interesting to note that while Senator marks. issues. However, when a Senator, or in KERRY claims to be a devout supporter The PRESIDING OFFICER. Is there this case, a party’s presumptive nomi- of our troops, he was one of only 12 objection? Without objection, it is so nee, makes an argument built on a Senators who voted ‘‘no’’ for an Iraqi ordered. foundation of facts as distorted as Sen- supplemental that provided that very Mr. CONRAD. Mr. President, I don’t ator KERRY’s was, then the argument ‘‘firepower’’ and ‘‘support’’ he now know precisely what Senator KERRY becomes more than an honest disagree- claims is so necessary. was referring to in his remarks the ment. The Iraqi supplemental was used to other day. But I think we all know He quoted the Secretary of the Army purchase the same body armor and there were deficiencies in terms of re- as saying that U.S. forces were ‘‘not ‘‘up-armored Humvees’’ Senator KERRY sources provided to our troops going prepared’’ for the present conflict in rails about as being insufficient. If we into Iraq and Afghanistan. We have all Iraq. had allowed Senator KERRY to make read the stories repeatedly of soldiers This is the exact quote: the decision, our troops would indeed not having the body armor they need- The Secretary of the Army admitted that be ill prepared. ed. We have all heard of people actu- the United States forces were ‘‘not prepared’’ Votes have consequences. By voting ally raising money back home in order for the present conflict. against the Iraqi supplemental Senator to get the body armor for our soldiers But yesterday at the Senate Armed KERRY voted to undermine the troops in Iraq and Afghanistan. That should Services Readiness Subcommittee in the field and that is not only inex- not be. We shouldn’t have a cir- hearing, the Vice Chief of Staff of the cusable, it is reprehensible. I hope no cumstance where American soldiers Army, General Casey, testified that Senator would make such an egregious don’t have the best equipment to keep comment ‘‘was taken out of context.’’ mistake with respect to the current them safe when we have sent them into He stated ‘‘we were very well prepared, budget resolution. harm’s way. I think we have all read all of the services.’’ Therefore, I am calling upon Senator the stories of our Humvees not being General Moseley, Vice Chief of Staff KERRY to retract his comments about properly armored to protect soldiers of the Air Force, said, ‘‘I would have to our military being unprepared and to against these bombs that have been tell you that . . . all airmen, whether apologize to the men and women of our going off. they were Navy, Marine, or Air Force, armed forces for using their sacrifices I remember very well going to Walter were exceptionally well prepared. . . . as political fodder. It is important to Reed Army Hospital visiting young and I would take issue with anyone remember that in a democracy there men who had been badly injured in that criticized our magnificent air- will always be honest differences of Iraq. I remember very well visiting men.’’ opinion over the difficult decisions with one young soldier who had been in General Huly, Deputy Commandant about the best way to fund, train, and a Humvee that had not been properly of the Marine Corps, said, ‘‘I believe we equip American forces who are being armored. One of the roadside bombs were very well prepared . . . I think sent into harms’ way. I appreciate the had gone off, and that young soldier that’s evidenced by the fact that we ex- opportunity to work with Members on was terribly injured—blind in one eye,

VerDate jul 14 2003 01:31 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.008 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2469 lost a leg, an arm. He was badly wound- On page 5, line 7, decrease the amount by our schools 2 years ago. As everyone ed. As he lay in that bed, another Sen- $17,200,000,000. knows, the No Child Left Behind Act ator and I visited him. As we left the On page 5, line 11, decrease the amount by increased accountability for schools so $516,000,000. room, having visited that patient, we On page 5, line 12, decrease the amount by we can ensure that all of our children commented about how it can be that $13,760,000,000. will receive a high-quality education. we send into Iraq Humvees not prop- On page 5, line 13, decrease the amount by However, accountability is a two-way erly armored against the kind of truck $16,684,000,000. street. We cannot demand that schools bombs and roadside bombs that had On page 5, line 14, decrease the amount by follow all of these new mandates and $17,200,000,000. been used to injure and kill our troops. On page 5, line 15, decrease the amount by look the other way when it is time to I don’t know precisely what Senator $17,200,000,000. write a check. If we expect our schools KERRY was referring to in that speech. At the end of Title III, insert the following: to uphold their part of the bargain, We all know there were serious defi- SEC. . RESERVE FUND FOR NO CHILD LEFT BE- then we have to do our part and fund ciencies in terms of body armor for our HIND ACT EDUCATION PROGRAMS. these requirements. troops and in terms of Humvees being The Chairman of the Committee on the Budget of the Senate shall revise the aggre- Let’s not forget, the funding levels in properly armored against bombs. gates, functional totals, allocations to the the No Child Left Behind Act were I think Senator KERRY was certainly Committee on Appropriations of the Senate, based on a bipartisan agreement on not out of line in suggesting that more discretionary spending limits, and other ap- what it would take to implement this could have been done to have our propriate levels and limits in this resolution new law. It is hard to believe we are troops fully protected on the battle- by up to $8,600,000,000 in budget authority for here 2 years later and the Federal Gov- field. fiscal year 2005, and by the amount of out- ernment is still not doing its part. I thank the Chair, and I thank espe- lays flowing therefrom in 2005 and subse- This is especially important today cially my colleague from Washington, quent years, for a bill, joint resolution, mo- tion, amendment, or conference report that because States are now confronting the Senator MURRAY, who is such a valu- provides additional fiscal year 2005 discre- true cost of implementing this law. able member of the Senate Budget tionary appropriations, in excess of levels The only study that looked at the ac- Committee for permitting me to speak provided in this resolution, for Department tual cost to the States of the No Child ahead of her. of Education programs in the No Child Left Left Behind Act was conducted in Ohio. The PRESIDING OFFICER. Under Behind Act (P.L. 107–110). That analysis estimates that the cost the previous order, the Senator from Mrs. MURRAY. Mr. President, I ask to Ohio of complying with the law will Washington is recognized to offer an unanimous consent that the following reach $1.447 billion annually by fiscal amendment. Senators be added as cosponsors: Sen- year 2010. AMENDMENT NO. 2719 ators KENNEDY, LIEBERMAN, MIKULSKI, Again, the President’s budget request Mrs. MURRAY. Mr. President, I send CORZINE, LEVIN, DODD, STABENOW, CLIN- and this Republican budget fail to live an amendment to the desk. TON, KERRY, HARKIN, SCHUMER, PRYOR, up to the promises we made in this The PRESIDING OFFICER. The REED of Rhode Island, KOHL, DAYTON, Senate just 2 years ago when we passed clerk will report. and LANDRIEU. No Child Left Behind. That is why we The assistant legislative clerk read The PRESIDING OFFICER. Without need to pass this amendment today. as follows: objection, it is so ordered. This amendment adds $8.6 billion to The Senator from Washington [Mrs. MUR- Mrs. MURRAY. Mr. President, par- function 500 to fully fund the No Child RAY], for herself, Mr. KENNEDY, Mr. ents, teachers, and students through- LIEBERMAN, Ms. MIKULSKI, Mr. CORZINE, Mr. Left Behind Act and to improve overall out Washington State and across our funding for educational programs. LEVIN, Mr. DODD, Ms. STABENOW, Mrs. CLIN- entire country are looking for our help TON, Mr. KERRY, Mr. HARKIN, Mr. SCHUMER, I am sure we will hear those on the today as they try to implement the No Mr. PRYOR, Mr. REED, Mr. DAYTON, Mr. KOHL, other side saying their budget in- and Ms. LANDRIEU, proposes an amendment Child Left Behind Act. creases funding for No Child Left Be- Unfortunately, the budget before the numbered 2719. hind by $1.2 billion over last year. It Senate by the Republicans falls $8.6 bil- Mrs. MURRAY. Mr. President, I ask does. But it is still $8.6 billion short of lion short of what our schools and our unanimous consent that reading of the what our schools need. That shortfall students need this year. It is yet an- amendment be dispensed with. is going to have real and painful effects other broken promise to our schools, The PRESIDING OFFICER. Without on all of our students unless we fix this objection, it is so ordered. our students, and our families. We can do better. That is why I am budget. The amendment is as follows: Mr. President, 4.6 million low-income On page 3, line 9, increase the amount by offering this amendment this morning. I have visited schools in every corner children in this country will not get $516,000,000. the help they need under title I unless On page 3, line 10, increase the amount by of my State and I know firsthand that $13,244,000,000. our educators everywhere are working we pass this amendment. In my home On page 3, line 11, increase the amount by harder than ever to help their students State alone, the difference between the $2,924,000,000. to meet these new accountable require- President’s request and the promise of On page 3, line 12, increase the amount by ments. They want to do a good job. No Child Left Behind means 28,000 low- $516,000,000. income students will be left behind. On page 3, line 17, increase the amount by They want to do what is right. I also $516,000,000. know it is not fair for the Federal Gov- This budget will result in fewer stu- On page 3, line 18, increase the amount by ernment to leave our schools without dents being served by a number of im- $13,244,000,000. the funding they need to meet these portant programs. That is because the On page 3, line 19, increase the amount by Federal mandates we place on them. Republican budget freezes funding for $2,924,000,000. Today our State and local budgets programs but those freezes mean real On page 3, line 20, increase the amount by cuts in service when you factor in that $516,000,000. everywhere are stretched thin. Our On page 4, line 20, increase the amount by local communities cannot afford to we have rising enrollment and costs to $516,000,000. make up the difference between what our schools. At the end of the day, the On page 4, line 21, increase the amount by our schools were promised and what Republican budget will mean that $13,244,000,000. this budget actually provides. That is fewer students will be served in impact On page 4, line 22, increase the amount by aid, dropout prevention, school coun- $2,924,000,000. why I am offering this amendment On page 4, line 23, increase the amount by today to fully fund the No Child Left seling, afterschool, teacher quality, $516,000,000. Behind Act. My amendment tells stu- migrant education, and rural edu- On page 5, line 3, decrease the amount by dents, teachers, and parents that the cation. $516,000,000. Federal Government will be a full part- Let me give one example of what On page 5, line 4, decrease the amount by ner with our local schools as they those cuts mean for our students. This $13,760,000,000. On page 5, line 5, decrease the amount by carry out the new law we passed. budget will leave nearly 20,000 children $16,684,000,000. I am not asking for some unheard of in Washington State alone and 1.4 mil- On page 5, line 6, decrease the amount by amount of funding. I am simply asking lion children nationwide without a $17,200,000,000. we provide the funding we promised safe, adult-supervised environment

VerDate jul 14 2003 01:31 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.010 S10PT1 S2470 CONGRESSIONAL RECORD — SENATE March 10, 2004 after school. We can do better. My Finally, we will hear opponents argue safer, that we have a stronger, more amendment shows how. that States and schools do not really competitive economy. The way we are My amendment will live up to the need all of this funding. I disagree. The going to be safer and stronger is if we commitments we made to our students bottom line is that our schools do not get smarter. By ‘‘smarter,’’ I mean de- when the No Child Left Behind Act was need more excuses from Washington, velop a 21st century workforce. In passed. It fully funds programs such as DC. They need the funding we promised order to do that, we need to make sure title I, English language acquisition, and my amendment will provide it. our elementary, middle, and high afterschool, and rural education. If this As I conclude, I want to be very clear schools are the best they can be. amendment passes, more than 2 million what is at stake. This amendment will This is why I support full funding of additional needy children will be determine whether we keep the funding No Child Left Behind. We need to focus served by title I, as we promised, when promises we all made when we voted on achievement. We need to focus on we passed No Child Left Behind. for No Child Left Behind. Those who accountability. But while we are look- My amendment will mean more than vote against this amendment will have ing to hold our public schools account- 38,000 children in Washington State and to explain to parents and teachers and able, we need to hold ourselves ac- 1.4 million students nationwide will students and families and communities countable in order to bring the re- have access to safe, adult-supervised they represent why they refused to pro- sources to our public schools. afterschool programs. vide the funding we promised in the No Requirements without resources are My amendment is also fiscally re- Child Left Behind Act. an unfunded Federal mandate. If we sponsible because it also asks for $8.6 If any of my colleagues want to argue want to have a smarter workforce, we billion in deficit reduction, something against fully funding No Child Left Be- need to get behind our public schools. many of our colleagues have talked hind, that of course is their right, but The Murray amendment really takes about. I will fight with everything I have to us a long way in making sure we have Our priority should be educating our give our schools the funding we prom- smaller class sizes, better trained students. This amendment reflects that ised so this law can work. Our students teachers, and all the other resources priority because both the education in- deserve nothing less. that go into that. crease and deficit funding reduction I urge my colleagues to stand up with College is also an important part of are taken by closing tax loopholes. all of us who are working hard to make being smarter. I am deeply troubled During the debate on my amendment, I that law work for all of our students. I that access to college, which has been suspect we will hear a whole list of rea- urge my colleagues to vote for the one part of the American dream, could sons why we cannot give our kids the Murray amendment. now become part of the American fi- funding we promised them. I want to The PRESIDING OFFICER. The Sen- nancial nightmare. I will be offering an debunk some of those plans right now. ator from North Dakota. amendment later on to help families We will hear some argue that we Mr. CONRAD. Mr. President, I thank who want to send their children to col- have already increased funding for edu- the Senator from Washington for offer- lege: a simple, straightforward $4,000 cation to a high enough level. I say to ing this amendment. She offered it in tuition tax credit for every year of col- any one of my colleagues, go to your the committee. This is one of the most lege. Our middle-class families are local schools in your communities and important amendments we will vote on stressed and stretched. Families in my ask them if they agree with that. See during the consideration of the budget own State of Maryland are worried. what type of reaction you get. Let’s re- resolution. The Senator from Wash- They are worried about jobs. They are member, we have never fully funded ington has been a strong leader on edu- worried about losing their health care, the No Child Left Behind Act—never. cation issues. with costs ballooning. They are wor- How can we ask our schools today to If we are going to have a competitive ried about holding down more than one comply with the law when we are not country for the future, if we are going to do something about this job loss job to make ends meet. They race from holding up our end of the bargain? carpools to work and afterschool ac- Let’s not forget that the only reason that is occurring, we have to have the tivities and back again. But most of we have reached this level of funding is best educated, best trained workforce all, they want to know can they count because many in Congress pushed and in the world. That is the message the on their public schools, which is what pushed last year to do better than the Chairman of the Federal Reserve Board Senator MURRAY is defending. They President’s budget. If we had accepted has sent to Congress and to the United States. want to know will their children be the President’s funding request, there able to go to college. would be at least $10.7 billion less for Senator MURRAY is saying, we ought to put our money where our mouth is, I believe the United States of Amer- education than was appropriated by ica should provide an opportunity lad- Congress and $6.6 billion less for No that we ought to keep the promise of No Child Left Behind, not just send all der and we need to make sure one of Child Left Behind. the rungs in that ladder is access. That Another claim we will hear during the requirements out to the States but send the money along with it that was is why I believe a $4,000 tuition tax this debate is that if my amendment is credit will go a long way toward giving accepted, we will come back and ask promised in order to provide the re- sources necessary to make these prom- help to those who practice self-help— for more funding next year. That is ex- the families who are working and sav- actly what the law called for when we ises a reality. I again thank the Senator from ing to send their children to college, passed it. The requirements on our and young people who are working and schools ratchet up throughout the life- Washington for her leadership. Several Senators addressed the saving to send themselves to college. time of this bill, including require- Chair. Tuition is on the rise at colleges. At ments to increase test scores and to The PRESIDING OFFICER. The Sen- my own University of Maryland, there have an increased number of highly ator from Washington controls the has been a 30-percent increase over the qualified teachers that we require time. last 2 years. Tuition for Baltimore under the law. That is why the funding The Senator from Washington. Community College rose by $300 in 1 in the bill was slated to increase annu- Mrs. MURRAY. Mr. President, I yield year. The average cost of a 4-year pub- ally as well and why we are now falling 5 minutes to the Senator from Mary- lic college is about $10,500. If you add further and further behind as we fail to land. the fees and everything, at University live up to that commitment. That is The PRESIDING OFFICER. The Sen- of Maryland it is about $14,000. Those why we are hearing from our teachers ator from Maryland. are not numbers. Those are real costs in our schools today. As parts of this Ms. MIKULSKI. Mr. President, I to real families. law become implemented, they have to thank the Senator from Washington Financial aid, though, is not keeping live up to them. State. I enthusiastically rise in support up with the rising costs. Today, Pell If my amendment is accepted, the re- of her amendment to fully fund No grants only cover 40 percent of the av- quest for fiscal year 2006 will not have Child Left Behind. erage costs at 4-year public colleges. to play catchup again as we have done This is the 21st century. In our own Twenty years ago, it covered 80 percent for the past 2 fiscal years. country, we have to make sure we are of the costs.

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.013 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2471 Our students are graduating with so I want to take a moment of the Sen- eyes open and red, and make deals with the much debt it is becoming their first ate’s time and ask whether the kind of school finance devil. mortgage. Families and students are situation we are facing in Massachu- How many custodians do we need, the Win- looking for help. But I regret to say setts is typical of what she is finding in throp superintendent would ask. How many secretaries? If we keep the libraries closed, President Bush’s budget does not offer her State or if she has heard about it in can we keep one more kindergarten teacher? them much hope. other States. That is what is happening out in the The Republican budget has all the In my own State of Massachusetts, schools. Men and women who have wrong priorities. It freezes the Pell we passed effectively a ‘‘no child left worked a lifetime trying to educate our grants. It does not offer real tax behind’’ bill 4 years prior to the time children, this is what they are going breaks. Yet at the same time it gives we passed it here in the Senate. As a through. tax breaks to those who do not need result, over a 7-year period, we find Going back to the article, he then them. Massachusetts is No. 1 in the country saw the cutbacks that took place in his We need to do more. We need to help in the fourth grade and No. 1 in the school district: middle-class families have the best eighth grade. We reduced the dispari- education out of our public schools to ties with regard to race more than any It was a hard moment to watch: A con- get them ready for college. But when fident, likeable, optimist with 30 years of other State. It is because of those ac- education experience was faced with cutting they are ready to go to college, there cepted concepts which the Senator 17 teaching jobs. He chose instead to cut should be the financial help to get from Washington has talked about: himself. them there. smaller class size, well-trained teach- Giancristiano’s voice was steady, his pique We need to double the Pell grant. We ers, supplementary services, parental never showing. Only his reddening eyes dis- need a larger tuition tax credit. We involvement, evaluation of the chil- played his anger. also need to make sure families have dren themselves, and support from the ‘‘Either you do not support me, or you do access to the American dream. local communities. not support your children,’’ he read from notes. College education is more important These are the things for which she than ever. Forty percent of the new has fought. But when you fail to do This is happening across the country. jobs for the new century will require that—I have here before me a copy of This is what this budget is all about. postsecondary education. This cannot the Boston Globe newspaper of Feb- We have a chance to do something for happen with platitudes. It has to hap- ruary 19, which talks about what is these schools or we can provide the ad- pen with programs. To compete in the happening in the region: ‘‘Deep Cut in ditional kinds of tax breaks for the global economy, we have to make sure School Systems Taking a Toll on Edu- wealthiest individuals. all of our young people have 21st cen- cators.’’ It lists school systems feeling The amendment of the Senator from tury skills. In order to compete in the the effects because of the cutbacks, be- Washington is responsible because it new world order, we need to make sure cause of the failure of us to provide for pays for itself and also helps reduce the all of our children have 21st century No Child Left Behind, plus what is hap- deficit. I commend the Senator. I in- skills for 21st century jobs. We need to pening in the State. tend to speak longer, but I am just remember the benefits of education ac- Boston has lost 396 teachers. They wondering, since I listened to the Sen- crue not only to the individual but to have closed six schools. They have cut ator speak and since she is back home society as well. the budgets on individual schools and every weekend talking to parents and I stand here with my colleagues to eliminated programs. schoolteachers and superintendents, say, if we are going to make invest- For Braintree, they have lost 56 whether the kind of stories I men- ments, we need to invest in human cap- teachers and increased class sizes. tioned very briefly are happening in ital, to create a world-class workforce. Bridgewater-Raynham Regional has her State and are having a similar kind Let’s have the best public schools the lost 35 teachers, increased class sizes, of impact on the men and women who world has ever seen and make sure we added a $175 bus fee, $200 athletic fee, have devoted their lives to provide continue to have access to the Amer- and a $50 extracurricular fee, being greater educational opportunity to ican dream. paid by parents. children in the State of Washington. I yield the floor. Fitchburg lost 47 teachers, increased Mrs. MURRAY. Mr. President, I The PRESIDING OFFICER. The Sen- class sizes, added a $180 annual bus fee, thank the Senator from Massachusetts ator’s time has expired. and raised the athletic fees from $30 to for defining for all of us what I think The Senator from Washington. $40. we are seeing across our country in Mrs. MURRAY. Mr. President, I Haverhill lost 143 teachers, closed 6 every school and every classroom thank my colleague from Maryland. schools, increased class sizes, elimi- where the morale among our educators Mr. KENNEDY. Mr. President, will nated full-day kindergarten, added a who are responsible for caring for our the Senator be willing to yield for a $250 music fee, and raised athletic fees children every day has declined dra- question? from $50 to $300. As we all know, in matically. Mrs. MURRAY. Yes. education, if the child works in music The Senator will remember not that Mr. KENNEDY. First, I see my friend for 3 to 4 years, their average goes up long ago when the Senate passed a bill and colleague from Montana wants to 50 to 75 points in their test to go on to to increase class sizes in kindergarten, address the Senate. I would like to college. first, and second grades. As I traveled comment after he concludes. But I first The list goes on. around my State at that time, teachers of all want to thank the good Senator Lynn lost 85 teachers, closed 3 were so enthusiastic. They were ex- from Washington for offering this schools, eliminated full-day kinder- cited about being given the oppor- amendment. garten and prekindergarten. tunity to help their young students There is varied experience that is Pittsfield lost 51 teachers, increased learn to write and learn to do math so brought to the Senate by Members of class sizes, eliminated afterschool pro- they could be successful in life. this body. But we are listening to a grams, added a $100 student activity That atmosphere has changed dra- voice who has been a teacher and also fee. matically. Now you travel around to a school board member, and prior to Let me read this and ask whether classrooms and they are begging and entering the Senate probably spent this is something the Senator has seen. pleading for help. Every teacher says more time in the area of education, Here we have this extraordinary super- to me: I want to do the right thing. I particularly young children, certainly, intendent, Thomas Giancristiano, who want to be accountable. I want my stu- than any other Member of this body. has been in education for 30 years. dents to be able to succeed. I want to When she speaks about education and Let me read from the story: make this work. But my class size is what happens in the classrooms and to twice as large. I get less time with par- On good nights, the superintendent fretted. the teachers, she is talking on the On the bad nights sleep vanished. Hours be- ents. I am paying more out of my own basis of a lifetime experience. She fore dawn, thousands of dollars and cents pocket for basic supplies. We don’t makes a compelling case. I welcome reeled in his head. Thomas Giancristiano have enough books for all of our stu- the opportunity to join with her. would lie in his bed in his Peabody home, dents. And even more so, I am spending

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.016 S10PT1 S2472 CONGRESSIONAL RECORD — SENATE March 10, 2004 every single second teaching to this We are not giving our children our priate time I will offer an amendment test because my students don’t have best shot. We have a moral responsi- that will set us as a country on the art and music and other things that bility to leave this place in as good a path to accomplishing those goals. help them be well-rounded adults. shape or better than we found it. That We must begin where the jobs begin. We can change this. We can make it applies to the environment, education, We must adopt policies to create jobs better. We can do what we promised 2 the general conditions in which the in America. One of the best ways to do years ago and fund this and really America public finds itself. It is unfor- that is by supporting research. Most of make a difference in our children’s tunate in a certain sense—we are kind the innovative research done in the lives. of lucky in another—that we have to United States is at universities and re- I thank the Senator from Massachu- accelerate our support for education. search institutes which attract stu- setts for his question. I yield 10 min- Why? Because the world is changing so dents from across the globe. Over the utes to the Senator from Montana. quickly. New technologies are devel- last 20 years, Federal research funding Mr. BAUCUS. I thank my good friend oping worldwide so quickly. We, there- in the physical sciences and engineer- from Washington. fore, have an obligation to accelerate ing as a percentage of GDP has actu- Mr. President, I don’t know what the our emphasis on education generally, ally declined. It has declined by nearly debate is all about. This is a no- and that is at all levels. It is Head one-third. I believe we should reverse brainer. It is an absolute no-brainer. Start, elementary and secondary, con- that trend, increase Federal spending All of us, when we are home talking to tinuing, 4-year colleges, graduate edu- on basic research. The money we spend our teachers and to our communities, cation. It is at all levels. will come back to us many times over to school boards, know this is the right Clearly, a key part of that is No in the creation of new jobs and new in- thing to do. It is clear. There is no con- Child Left Behind. So far this adminis- dustries making products yet to be in- test. There is no debate. tration is giving words to the concept. vented. Congress passed No Child Left Behind If we want to support Federal spend- trying to set levels of accountability. It says vote for No Child Left Behind, but it has not backed it up with dol- ing on research, we should support the But then Congress did not provide the National Science Foundation. The NSF money to implement No Child Left Be- lars. A Presidential candidate years ago funds research and education in science hind. It is contributing to all the cut- once asked: Where is the beef? I will and engineering through a variety of backs in our elementary and secondary successful programs. It accounts for schools about which we are hearing. I ask the same question: Where is the beef? Where is the support? Where is roughly 20 percent of all Federal sup- hear this constantly at home. I daresay port to academic institutions for basic that every Member of the Senate, when the funding? We have an opportunity to assist our research, a crucial engine of innovation he or she returns home, finds the same children by providing them with the for our economy. comments. necessary resources to help them meet NSF funds have helped discover new Again, I don’t know why we are de- technologies that have led to multibil- bating this amendment. It is pretty the challenge. Under No Child Left Be- hind, Montana was promised $71 mil- lion-dollar industries and created clear. I highly compliment the Senator countless new jobs. The list is astound- from Washington. I don’t know any- lion in 2005 to comply with the new educational standards. What does this ing: fiber optics, radar, wireless com- body who believes more and has spent munication, nanotechnology, plant more personal time helping to educate budget include? Half of that, $46 mil- lion, and that is a shortfall. Add to genomics, magnetic resonance imag- our Nation’s children than the Senator ing, ultrasound, and, yes, the Internet. from Washington, who is a school- that all the other pressures schools are facing. All were made possible by work in the teacher. She is right. We should take basic sciences and engineering funded our cues from what she is telling us. Again, this is a no-brainer. I com- pliment the Senators from Washington by the NSF. There is another reason to vote for Each year, the NSF helps fund over and Massachusetts. Both of them work this amendment. How are we paying 200,000 students, teachers, and re- for it? Closing tax loopholes. That in very hard for education. Jack Kennedy once said: searchers. Many of these people take and of itself should be enough to pass their NSF-supported work into indus- the amendment. Also, we are closing Our progress as a Nation can be no swifter than our progress in education. try, where they found company tax loopholes to do something that is startups selling new products and new good; that is, supporting education. I think we all agree. Funding edu- technologies. That means one thing: Education truly is a means of devel- cation is key to maintaining an Amer- jobs. Fully funding NSF will lead to oping our greatest assets. We have ican workforce that can compete in the more jobs. built the strongest, the most diverse world economy. Education is critical to When the President signed the Na- economy on the planet, basically keeping jobs and creating new jobs in tional Science Foundation Authoriza- through education. There is more mo- the United States. A big problem we tion Act of 2002, the intent was to dou- bility, more opportunity in America, know is the offshoring of American ble in 5 years the funding devoted to and one reason is our educational sys- jobs. It is very serious. We deserve to the NSF. Not fully funding NSF short- tem. give it an answer. changes America’s future. We have pushed the technology hori- I don’t believe the answer has been The amendment I am offering will zon. We have developed a quality of life given to us thus far by this administra- fulfill the promise of the NSF Act and that is the envy of much of the world. tion. We have heard nothing. It is lais- restore funding to its fully authorized There is no doubt that we can further sez-faire: Let things happen. So what if levels. That means providing $7.4 bil- improve our economy and our quality people lose their jobs. It is good in the lion in fiscal year 2005, $8.5 billion in of life. But it is important to note that long term. That is essentially what the 2006, and $9.8 billion in 2007. All told, it is the investment in education that administration is saying. that is $7.4 billion above current lev- has essentially brought us to where we I believe in order to keep our country els—certainly money well spent. are, and it is an ongoing investment. strong we have to do something posi- Our future depends upon our ability You cannot stop investing in edu- tive. We have to take some action. We to continue to innovate, and that de- cation. You have to keep going for ob- must advance policies to help create pends upon the support we give to vious reasons. new jobs in the United States, under- America’s innovators—our scientists Fully funding No Child Left Behind is take measures designed to keep good- and engineers. We should fully fund the a no-brainer. It is obvious we should do paying jobs in the United States. NSF. this. Our people back home want us to Finally, when jobs are lost in trade, At the same time, we must ensure do it. If you took a poll at home, we need to retrain workers and help America’s families can afford higher should No Child Left Behind be paid them get back in the workforce as education, which is an important part for, the results would be overwhelming quickly as possible. That is why I be- of the solution. This is the key to because people at home know what a lieve it is right that one of the priority America’s continued prosperity. Edu- tight spot elementary and secondary amendments on this side of the aisle cation provides the skills necessary to education is in. addresses jobs. It is why at the appro- unleash the creativity of our citizens.

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.018 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2473 We should improve, consolidate, and I yield the floor. we talk about closing loopholes—and expand the educational tax incentives The PRESIDING OFFICER. The Sen- there are some out there. I know the that already exist and make them ator from is recognized. chairman and ranking member are try- more effective. There are many ways. Mr. NICKLES. Mr. President, before ing to do that with the leasing provi- We can expand and extend the deduc- my friend and colleague from Montana sion. I happen to support that. But you tion for tuition expenses, expand the leaves, I want to say this amendment are spending it as well. Hope and lifetime learning credits, increases taxes by $17.2 billion. It in- This resolution says increase taxes. craft targeted incentives for student creases taxes next year by $13.2 billion. The purpose doesn’t make law; the pur- pursuing science and engineering ca- For the information of colleagues, we pose doesn’t change the resolution. reers, and focus on programs to make are assuming next year, on the rec- You can put anything up there. You it possible for nontraditional students onciliation, which is all that is going could have as a purpose to make every- to obtain an education. These are all to happen this year—or maybe all that body feel good and to have nice in- good options. will happen—that is the total child comes in education. That can be your We need to ensure that young Ameri- credit, it so happens. Some people say, purpose. But when you are amending cans are not discouraged from obtain- well, this is assuming revenue loophole the budget resolution, you are saying ing postsecondary education because of closings. That is not accurate. This how much money to spend and how costs. That is the American dream, to resolution says increased taxes by $17.2 much money to tax. This resolution get an education. We should not dis- billion. We are assuming that the child says to raise taxes by $17.2 billion and courage it. Tuition costs have risen credit is going to stay at $1,000 per raise spending by $8.6 billion. considerably in recent years, and our child. So these two are in direct con- I might also say that it raises spend- Federal assistance programs have not flict. I want everybody to know this is ing by $8.6 billion in the first year. One kept up. a big spending increase in an area would think you would not do that for Increasing tax incentives can help to where we already have big spending in- 1 year and drop it down. So you can as- lessen the burden on students, and creases—enormous, if you go over the sume it would be 8.6 for a multitude of allow students to attend the schools last few years. years. This is really like a $100 billion that best fit their needs, whether 4- In spite of that, it is a big tax in- amendment on the spending side over year colleges or 2-year colleges, which crease. In fact, it is a lot bigger tax in- 10 years, and then on the tax side, I can also provide vocational and tech- crease than the amendment we voted don’t know how many. If you multiply nical training. on yesterday. I want people to know this out over the years, it increases I ask for an additional 2 minutes. Mrs. MURRAY. Off of the Senator’s this is a tax increase that is very large. taxes by 17.2 and spending by 8.6. Mr. BAUCUS. If the Senator will time. Mr. BAUCUS. Will the Senator yield The PRESIDING OFFICER. The Sen- on that point? yield, the only way to close tax loop- ator is recognized for 2 additional min- Mr. NICKLES. Yes. holes is by raising additional revenue. utes. Mr. BAUCUS. Will the Senator read That is the only way you can do it. Mr. BAUCUS. Different students will the first line of the description of this There is no way to close loopholes oth- opt for different types of training. That amendment? erwise. Does the Senator agree that he is good. We need workers with different Mr. NICKLES. I am reading the will work with me in closing loopholes skills to fill all the new jobs that are amendment where it says offered by and if not by raising revenue in some constantly being created. Senator MURRAY and ‘‘on line’’—— other way? The purpose of the amend- One thing is sure: We need to train Mr. BAUCUS. Above that, further up. ment is to raise revenue by closing tax more engineers. Listen to this, Mr. Mr. NICKLES. The purpose? loopholes. I assume the Senator agrees President. We train only half as many Mr. BAUCUS. Yes. with me that is the best way we should engineers as does Japan. We train only Mr. NICKLES. It says, ‘‘by closing raise the revenue, although technically half as many engineers as does Europe. tax loopholes.’’ we have to have the numbers in here; We train only a third as many as does Mr. BAUCUS. Does the Senator dis- otherwise, the amendment serves no China. Think how many engineers agree that we should close tax loop- purpose. China is going to train next year and holes? Mr. NICKLES. Mr. President, I enjoy the year after that and the year after Mr. NICKLES. But that is not what working with my colleague from Mon- that. Where will we be? Engineers play this amendment does. That is the pur- tana on the Finance Committee, and I a critical role in the development of pose. The amendment says: ‘‘On page 3, am one who is more than willing to new jobs and new industries. We should line 10, increase the amount by $13.2 close loopholes. I also tell my col- encourage students to pursue training billion.’’ That is increasing taxes, an leagues that my friend from Montana in this vital field. instruction to the Finance Committee. and the Senator from Iowa have used We need to help displaced workers to Mr. BAUCUS. By closing tax loop- almost every loophole closer, multiple receive the retraining needed to suc- holes. times. ceed in a changing economy. There is The PRESIDING OFFICER. The Sen- I am happy to close loopholes, but one thing they can be sure of: Things ators all address each other through this amendment does not close loop- will always change. Jobs will change. the Chair. holes. This amendment tells the Fi- Workers should be equipped with the Mr. BAUCUS. The purpose is to close nance Committee to raise taxes by tools to change with these jobs. Edu- tax loopholes. $17.2 billion, period. The Finance Com- cation is certainly the key. Mr. NICKLES. Mr. President, I have mittee can do it any way they want. I The amendment I am going to offer the floor. am just telling the Senator that is ex- will put a downpayment of $10 billion The PRESIDING OFFICER. The Sen- actly what it says. into our workforce. The U.S. economy ator from Oklahoma has the floor. What we have assumed is we are is the most flexible, vibrant, dynamic Mr. NICKLES. I have the floor. I going to allow the child tax credit to in the world. We have to keep it that want to make sure my colleague knows go forward. Maybe that is not a correct way. We owe that to the ingenuity of how to understand what these amend- assumption. Maybe families are not the American people and their relent- ments say. If you read lines 1, 2, 3, and going to get to keep the present tax less thirst to create and innovate. 4, that increases taxes by $17.2 billion law. Maybe the child tax credit will be I urge my colleagues to join me in a over the resolution. Our resolution as- reduced from $1,000 to $700. Maybe the positive response to offshoring. It sumes continuation of the existing tax marriage penalty relief we have in the should not be negative; it should not be law. So this would increase taxes by year 2004 will not happen in 2005. I am protectionism. It has to be positive. I $17.2 billion over existing law. afraid, if this amendment is adopted, it am offering a sound, positive approach. All we are assuming, frankly, in the will not happen. Create jobs in America by fully funding big amount we have for next year, Ms. LANDRIEU. Will the Senator the National Science Foundation and since that is the bulk of our tax in- yield? support education. That is one of the crease, it happens to be for the child Mr. NICKLES. Not just yet. My point keys to our long-term prosperity. credit. So I am telling my colleagues, is—and I have not even alluded to the

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.021 S10PT1 S2474 CONGRESSIONAL RECORD — SENATE March 10, 2004 education issue, and I am going to man, I am very interested in what spe- to close one loophole to fill that hole. hand that to Senator GREGG who cific loopholes he would be willing to They are only willing to close loop- knows far more about education than close. holes to give more tax cuts. That is the this Senator—no matter what level we Mr. NICKLES. To answer my col- debate on this floor, and that is the had in this resolution, I was more than league’s question, in the budget resolu- choice the American people are going confident somebody would say that is tion we assume $20 billion of revenue to make in the next election. not enough for education. I have loopholes and that, frankly, is to pay With the surplus disappearing, with looked at the total education function for the tax cuts we have in this bill. the war at hand, with the war on ter- we have, and it totals $97.6 billion. Ms. LANDRIEU. Can I clarify? The rorism perhaps escalating, the question That does not include the additional $5 loopholes the Senator from Oklahoma is, Do we want to make some adjust- billion—yes, it does. That includes the is supporting are going to fund addi- ments in our plans to provide tax cuts $5 billion Senator GREGG has put in for tional tax cuts for those at the higher or do we want to provide some tax cuts higher education reauthorization. end of the tax cuts? and fund education, invest in homeland I looked at what we spent. That is $97 Mr. NICKLES. The Senator is abso- security, and support our troops? That billion. In 1990, we spent $39 billion, al- lutely incorrect. The loopholes we are is the issue. But this administration, most three times as much. In the year closing basically will pay for extending faced with the facts of declining and 2000, we spent $49 billion. It is right at present law. What we assumed in this evaporating surpluses, faced with the twice as much as we spent in the year budget resolution is continuation of facts of a war that is costing more than 2000. We have had dramatic increases in present law, plus the AMT fix. we anticipated, faced with those facts, education—dramatic increases—includ- Ms. LANDRIEU. I thank the Senator chooses to ignore the facts and put out ing the last several years. But no mat- from Oklahoma. I have the floor. I a budget that goes straight dead ahead ter what that amount is, people are want to make clear for the record, as 100 miles an hour into deficits and in going to say that is not enough and, the Senator from Oklahoma just clari- doing so robs the opportunity, pulls the oh, yes, we want to increase taxes a lot fied, he and the administration are rug out from under every super- more and throw a lot more money at willing to close loopholes, but only if intendent, every Governor, and every it. I am just not sure that is the cor- the savings from those loopholes go to teacher because they are struggling in rect result we should be following. make permanent the tax cuts that the schools. This is what the President says, but I want everybody to know this is a drain the education budget and leave this is not what he does. This is what tax increase. I want everybody to know our children at risk. I am glad we got the President says: this is a humongous increase in this that cleared up. program. I have not figured the per- Let me begin the remarks I wish to Once failing schools are identified, we will help them improve. We’ll help them help centage. make this morning. themselves. Our goal is to improve public Ms. LANDRIEU. Will the Senator The Senators from Massachusetts education. We want success, and when yield? and Washington are absolutely correct schools are willing to accept the reality that Mr. NICKLES. With this additional about the dire situation in our States the accountability system points out and are money, it is a 40.6-percent increase. and communities all across the Nation. willing to change, we will help them. For everybody who says we want to They are also correct that one of the We are doing this in Louisiana. We balance the budget, how do you balance strongest aspects of the American have received accountability. We have the budget and simultaneously in- dream—and I could argue the strongest identified our schools which are fail- crease programs by 40 percent? This aspect of the American dream—is the ing. We believed the President, but fictitious point of let’s close loopholes, dream parents have for their children, when we turned to him to ask him and if there are loopholes out there, I am the dream Americans share that no this administration to help us hire new sure the chairman and the ranking matter how tough their life has been, teachers, help us to train the teachers member of the Finance Committee no matter how shortchanged they who need to be certified by a date cer- want to close them because they have might have been when they started, tain the President and the administra- a lot of demands. I am all for closing they work hard because they want tion forced us to do in this act, when loopholes, but that doesn’t fly. The their children to get the kind of edu- we asked them please help us put on amendment says raise taxes by $17.2 cation that will help them be the two new classrooms in these schools billion. human beings parents dream their chil- because we have to meet these new Ms. LANDRIEU. Will the Senator dren can and should be and to make goals, they said we do not have any yield? their communities stronger. money, because he wants to extend the Mr. NICKLES. I yield the floor. When this administration took office, tax cuts permanently. He will close the The PRESIDING OFFICER. The Sen- they noted that dream. The President loopholes, but not for them. Sorry, ator from Washington controls the said: kids, we cannot close the loopholes. I time. The time has come for excuse making to have to close the loopholes for people Mrs. MURRAY. I yield to the Senator end. With this No Child Left Behind Act, we who need tax cuts. from Louisiana 10 minutes. have committed the Nation to higher stand- Now I am going to talk about the in- The PRESIDING OFFICER. The Sen- ards for every public school, and we have creases in education. I know Senator ator from Louisiana is recognized for 10 committed the resources necessary to help KENNEDY is going to speak about this minutes. children achieve those standards. We want and he knows these numbers better Ms. LANDRIEU. I thank the Chair. accountability with results, and we are will- than I do. I will admit, and I under- Mr. President, I thank my friend from ing to fund it. stand and know—so don’t anybody Washington. That is what was said, but is not bother coming to the floor to tell me I I wanted to ask the Senator from what was done. Budgets are difficult to do not understand—there is increased Oklahoma, before he leaves, since he put together. This document does not funding in education. I am clear and so has gone on record several times this look very thick, but this document is a are the people in my State that the morning as to what loopholes he would blueprint. This document sets a course Federal Government has increased agree to close, would he for the record for the Nation. This document, if it is funding. That is not the point. The indicate or give us some idea what not written correctly, cannot meet the point is, the increases have not been some of those loopholes would be and promises I have just described. what the administration promised and how much money could be generated You know what, Mr. President, this do not help us meet the new goals that by those loopholes, because there are document does not meet that promise. have been mandated on every county many people in Oklahoma, Louisiana, This document does not provide the and every parish in this Nation. Massachusetts, and Washington who money promised to every Governor, I will also say, if the Senator from would be interested in identifying every superintendent, every teacher, New Hampshire wants to come to the those dollars so we could apply them to and every parent in this Nation. This floor and debate this issue—and as Sen- fulfill the promise the President made document is short $9 billion, and not ator MURRAY knows very well—the in- to fund education. As the Budget chair- one Senator on the other side is willing crease in education in 2001, which was

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.024 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2475 the last budget of the previous admin- are not ready to go the whole distance, Mrs. MURRAY. I yield to the Senator istration, was 19 percent. That is how we should not have started. That is the from Rhode Island. much the increase was. The next year promise that has been broken. The PRESIDING OFFICER. The Sen- is 2002, which was 18 percent. In the I yield the floor. ator from Rhode Island is recognized. years of the President’s budget, which The PRESIDING OFFICER. The Sen- Mr. REED. Mr. President, I rise in is right here—this is the administra- ator’s time has expired. support of the Murray amendment to tion’s budget and this is the chair- The Senator from New Hampshire. fully fund the No Child Left Behind man’s mark. The chairman’s mark is a Mr. GREGG. Mr. President, I have Act. This is an important amendment. little different than the President but been talking with the manager of the It will keep our commitment to edu- it is basically the same document. bill on the Democratic side, and he sug- cational reform in the United States. These are the increases they provide: 19 gested maybe we should enter into There are two keys to the success of percent, 18 percent, down to 6 percent, some sort of time agreement on this the No Child Left Behind Act: effective 5 percent, and 3 percent. The outyears amendment. I see there are a number implementation by the Department of look even bleaker. of people on his side who want to Education and robust funding. Both are They put No Child Left Behind basi- speak. Is there something the Senator presently lacking. cally in here, and as we can see, they recommends? Without the needed resources, we pulled the rug out from everybody. Mr. CONRAD. I would say first to the will not meet the law’s goals of closing That is what this election is going to people on our side, we are now getting achievement gaps and ensuring an ex- cellent education and opportunity for be about. in a real jam and we are also getting I know I only have a couple minutes further toward vote-arama in a way I all children. When the President signed the No remaining, but I want to say I know, think is probably not something we Child Left Behind Act into law 2 years not because I represent and am a leader want to do. I recommend we agree to ago, he pledged to support greater Fed- from my State and I travel just like an additional hour on each side, 2 eral investment in education. That Senator MURRAY does all over her hours equally divided. pledge has not been kept by this Presi- State, how angry people are about this. Mr. GREGG. Mr. President, I recog- dent. He has proposed eliminating The front page of the Washington Post nize that probably is a disadvantage for some of the No Child Left Behind Act yesterday issued a poll that says 57 us because the other side has been going now for an hour, and although we programs, cutting others and only in- percent of the American people polled creasing title 1 by $1 billion. That is all over the country do not think the are probably more succinct and more persuasive in less time—— over $7 billion short of the authorized country is going in the right direction. level of $20.5 billion. This budget sets the direction, and 57 Mr. CONRAD. That is what we were counting on. The No Child Left Behind Act was a percent of the people know what is in fundamental change in the way we do this budget, not in every line but they Mr. GREGG. It is still not nec- essarily a fair division of the time. I business. Part of that change was a are getting the general gist of it. They commitment to fund all of our aggres- do not like it, and I do not blame them. would agree to some sort of time limit that gave us a little extra time. If the sive ambitions to help every child suc- There are many things it does, but one ceed. What has been left are the re- thing it does is it breaks the promise other side wants to go for an hour and we go for an hour and 15 minutes, quirements on children but insufficient to their kids, and when you start fool- resources for school systems through- ing with people’s children and you which would be 2 hours and 15 minutes on this amendment, that would give out this country to implement them. start upsetting the dream people have It is no wonder general assemblies for their children and their education, them an additional hour—they have al- ready done an hour—and we would get across this country, in Utah, in Vir- there is going to be a repercussion from ginia, Republican assemblies, are re- that. an hour and 15 minutes. Mr. CONRAD. Would that be accept- volting against these provisions, not In conclusion, to use the President’s because it is not a good effort at re- own words: The time for excuse-mak- able if we took an additional hour on our side and an additional hour and 15 form. Rather it is because we have not ing has come to an end. We have com- provided the resources to accomplish mitted to our schools and our children. minutes on their side? Mrs. MURRAY. It is acceptable to the reforms. Senator MURRAY’s amend- We have said if we ask for account- me. ment would provide the needed re- ability and results, the Federal Gov- Ms. LANDRIEU. Is there any addi- sources. ernment will be there, will be a reliable tional time that could be available? I believe we have to go ahead and partner, and this administration has This is such an important amendment. fund these programs, and we will not made different choices. Could we take an hour and a half? do so unless the Murray amendment is I end with a quote from another Mr. CONRAD. We had hoped to do accepted. I urge support of the Murray President. We have had many great this in 2 hours. We have already spent amendment. This is not just about giv- Presidents in our history, thank good- an hour, and this would be an addi- ing individual opportunity to every ness, and we had a great one in Presi- tional 2 hours 15 minutes. child. That is central and crucial. This dent Kennedy who said: Ms. LANDRIEU. I understand. is also about our economic future. If we I believe we possess all the resources and Mr. CONRAD. It would be agreeable do not fully fund education now in the talents necessary, but the facts of the mat- on this side. elementary and secondary years, we ter are we have never made the national de- Mr. GREGG. I ask unanimous con- cisions or marshaled the national resources will fall further behind in a very com- required for such leadership. sent that debate on this amendment be petitive world economy. This is about for an additional 2 hours and 15 min- giving every child a chance and mak- He was speaking about the space pro- utes with an hour on the minority side ing sure our economy and our society gram. and an hour and 15 minutes on the ma- works. I commend the Senator for We have never specified long-range goals jority side. on an urgent timetable, or managed our re- doing that, and I yield the floor to Sen- sources and our time so as to insure their The PRESIDING OFFICER. Is there ator MURRAY. fulfillment. . . . [L]et it be clear that I am objection? The PRESIDING OFFICER. The Sen- asking the Congress and the country to ac- Mr. CONRAD. I ask that there be no ator from Washington. cept a firm commitment to a new course of second degrees. Mrs. MURRAY. Mr. President, the action—a course which will last for many The PRESIDING OFFICER. Is there other side is not ready to go. I yield to years and carry very heavy costs . . . if we objection to the unanimous consent re- the Senator from Massachusetts. are to go only half way, or to reduce our quest? Without objection, it is so or- The PRESIDING OFFICER. The Sen- sights in the face of difficulty . . . it would dered. ator from Massachusetts. be better not to go at all. Mr. CONRAD. Is Senator REED seek- Mr. KENNEDY. Fine, if that is the That is what I am saying. If we have ing time? desire. Mr. President, I ask 10 minutes set a course by this budget, we owe it Mr. REED. Yes. on the Murray amendment. to our parents, to our teachers, and our Mr. CONRAD. Will Senator MURRAY The PRESIDING OFFICER. The Sen- children to stay the course, and if we give time off the amendment? ator is recognized for 10 minutes.

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.027 S10PT1 S2476 CONGRESSIONAL RECORD — SENATE March 10, 2004 Mr. KENNEDY. Mr. President, I men- Mr. KENNEDY. Not just yet, if I have they have to be proficient—except you tioned a moment or two earlier what is 10 minutes. I will at the end of my are not funding it. What sense does happening in my own State, in Massa- time. that make? chusetts, in the school districts all Here we are, the cost of the Bush tax It would have been like President across that State, a State that was at- cut for those making over $337,000 in Kennedy saying, you are going to go to tempting to enhance educational op- 2005—$45 billion. It is $45 billion. the Moon, and we appropriate enough portunities for the children of Massa- Look at what the Murray amend- money to go up 50 miles and say we chusetts. They relied upon the commit- ment has, $8.6 billion. That is in addi- have had a success. You either do it or ment that the Federal Government tion to what was added, in terms of the you don’t. We were either serious at made a few years ago, some 3 years Budget Committee—$8.6 billion. This is the time when we passed No Child Left ago, to try to complete the commit- $45 billion. Behind, like we were on voting rights, ment of that State, in partnership with The issue is choices. The issue is pri- like we were on Social Security, like the Federal Government, in enhancing orities. The issue is, as a matter of na- we were on Medicare, and like we were educational opportunities for the chil- tional urgency, is it more important to on going to the Moon. Or we are not. dren in our State and in States across give $45 billion for those making over That is what the issue is. That is what this country. $337,000 in 2005, or to provide the full the issue is in the Senate. Either chil- The Murray amendment addresses funding for the children of this coun- dren have that priority or they do not. the nature of the commitment that the try? That is the choice. That is the de- The Democrats believe they do. administration made to not just the cision we are facing. We find there is more than enough Members of the Senate but to the chil- The Murray amendment says let’s money in here right now to be able to dren and to the parents and to the get that money. We can certainly af- do it. There is more than enough school districts across the country; ford $45 billion—with that budget. money in here to be able to do it. that is, we were going to have reform Let’s look at what happens if we do I am glad to yield to my friend from and the resources to make the reform not do this, if we do not accept the New Hampshire if he still has a ques- take hold. Murray amendment. What is going to tion. What we are talking about is a budg- be the impact on the children of this Mr. GREGG. I will try to recall it. et of $2.4 trillion, and the issue is can country? Mr. KENNEDY. Mr. President, I will we find $8.6 billion in that $2.4 trillion. I tried, in just the couple of minutes, be around for a little while. I know Education is either important or it is to tell what the human impact was on there are others who want to speak. I not. If we ask families all across this a superintendent who has for 30 years will withhold the remainder of the country, people would say, I would been committed to improving the qual- time but I will be around, ready to an- think you would be able, in a budget of ity of the life of the children in his dis- swer any questions. I thank the Sen- $2.4 trillion, to find the $8 billion to trict. He was restless. He couldn’t ator. make sure we are going to fund No sleep. Finally, rather than face the ad- The PRESIDING OFFICER. Who Child Left Behind. It should not be ditional cuts he was going to have to yields time? that big a deal. It is a question of pri- provide in this system, he actually re- Mr. GREGG. Mr. President, I appre- ority. signed. That is happening in schools all ciate the comments of the Senators The Senator from Washington stated across this country. Those are the real supporting the position represented by what her priorities are. I agree with stories. That is what is really hap- Senator MURRAY. But I do believe it is them, and I think most families in this pening. important to understand from where country would say we can afford that, If we look at it in the broad sweep of we come and where we are going, rel- if it is going to make a difference in what this means, this chart tells it. ative to educational spending in this the quality of the education of the chil- Under the Bush budget going out the country, and specifically in this Con- dren of this country. years from 2005 to 2013, you are going gress, and who is accountable for what. Let’s review very quickly the bid- to leave 4 million children behind. Because, obviously, the representation ding, what has happened in the period Under the Murray amendment and the coming from the other side is that this since we passed No Child Left Behind. follow-on, all the children will be ad- President and this Republican Congress Since we passed the No Child Left Be- dressed; no child will be left behind. has not been as committed to edu- hind bill in 2002, let’s be frank about I was absolutely amazed, listening to cation as we should have been. where the funding is and where it has the other side, saying if we go and ap- It is a hard case to make, honestly, come from. When we passed No Child prove the Murray amendment this will in light of the history of educational Left Behind, the administration asked be a 40-percent increase. Imagine that, spending. for $1.3 billion. We raised that up to a 40-percent increase, thinking this Let us return to the scene of the $4.8 billion during the period of the ne- body will never go for a 40-percent in- crime, as they say in the business of re- gotiation. That legislation would not crease. In fact, even with that, that viewing evidentiary facts. The scene of have passed at $1.3 billion. It would not will only mean 60 percent of the total the crime is the Clinton administra- have passed. I can tell you that. I know funding for No Child Left Behind. We tion, its spending on education, and its that. are requiring 100-percent performance woeful efforts in the area of special Then the next year the administra- by those children. We are expecting education and title I. The scene of the tion came in for less than $1 billion and 100-percent performance by the teach- crime is the Clinton administration we were able to raise that up $3 billion ers. We are expecting 100-percent per- and its failure to address the fact that more. That is the record. That is the formance by those people who are pro- for generations low-income children increase right here, as a result of viding the supplementary services, and had been left behind in this Nation. Democratic amendments to the appro- we in the Congress say you do it on 60 That is what this is about. You can priations, right there. percent of the money. throw out all the numbers you want. Last year, in the Omnibus bill, the It is like in this Nation, if we passed But the issue is whether we as a Nation administration asked for a $900 million a voting rights act to apply to all of will continue to abandon the low-in- cut and we increased it $1.9 billion. the country and we say it is not going come child and leave him or her in We will hear from the other side, to apply to 10 States. We will have So- school systems which simply shuttle look at the increases we have had in cial Security for America but we are him or her through, meaning when he this area. They are the result of the going to leave 10 States out. got to the end of his or her academic amendments from this side. We want to We really didn’t mean it when we career—if you can even call it that—in continue it. If you like what we have said we were going to really address our school systems, he or she was un- done, vote for the Murray amendment. the needs of the 12 million children able to participate in the American Look at what this amendment does who fall into the category of title I. We dream because she couldn’t read and he right here. didn’t really mean it for all of them. couldn’t write relative to their peers. Mr. GREGG. Will the Senator yield We said it in the bill. We require it in The President of the United States, on that point? the legislative proposal that in 12 years George Bush, came into office and he

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.030 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2477 said, Let us do something about this. principals, what children should learn If money were the issue, the prior ad- Let us address the issue of the fact in these elementary school grades and ministration would have poured a lot that so many children in this Nation say whether the children by income more money into this program than for generations have been shuttled groups or by ethnic groups are learn- they did. They did not. If money were through the system. He proposed the ing. the issue, the school systems in this No Child Left Behind Act as a way to Those two ideas were rather radical. country would not have enough money address that. The No Child Left Behind But the radical idea was we were actu- to do the assessments that are the es- Act is not only about money in a tan- ally going to tell the parents in the sence of this whole bill. They not only gential way. No Child Left Behind is school system whether their children have enough money to do the assess- really about the philosophy of whether are being taught, whether they are ments, but they have more than a low-income child should enter the learning at a level that is going to enough money to do the assessments school system at a level at which they bring them up to their peers. Low-in- under this bill. If money were the are not competitive with their peers come parents—most of whom, by the issue, the money we have already put and be left in that school system for way, are single parents struggling to in the pipeline would have been spent. the rest of their academic career and make ends meet—are finally going to There wouldn’t be any available. come out at a level that is not com- know whether their children in that What we find is there are literally petitive with their peers. school system are learning what is nec- billions of dollars of money in the pipe- The No Child Left Behind Act is an essary in order to make them competi- line which have not been spent as a re- issue of whether we are going to try to tive as defined by that school system sult of the fact this law has been ag- take the children in this country who and as defined by their peers. If the gressively funded. come from a low-income family and parent finds out their child is in a Let me put it in context. The last give them a shot at the American school system that is not teaching that time the President of this country was dream by bringing their education up child, then we are going to give the a Democrat and the Congress was to a level where they at least know parents some tools to try to correct Democratically controlled was 1995. what they need to know in order to that problem. We are going to allow You would have thought at that time, public school choice. We are going to participate in our society, which is a if you listened to the rhetoric around allow extra help for low-income kids so very academically oriented society—a here, title I and the programs under they can be brought up to speed if they society which depends disproportion- title I which still existed at that aren’t up to speed with their peers. We ately on your educational ability in time—the No Child Left Behind Act ob- are going to allow the school districts order to obtain success. viously wasn’t the law—would have The President proposed the concept to go into schools, which unfortunately been funded right up to the authoriza- which was to say to local school dis- have systemic failures, or large per- tion amount. That is all we have heard centage failures, and put more re- tricts throughout this country, You de- about from the other side on this bill. sources into those schools to try to cide, school districts, what children in Surprise. It wasn’t. It wasn’t even correct their problems. close to the full authorization amount your school know in the third grade, in This was the idea. It was revolu- the fourth grade, in the fifth grade, in in 1995. Not only that but the increases tionary, and it has fundamentally im- which flowed into the account under a the sixth grade, in the seventh grade, proved education in this country. Ev- or in the eighth grade. You decide. We prior administration were minuscule in erywhere you go in this country today, key areas such as title I and special as a Federal Government are not going school districts are addressing the to tell you. You go out as a commu- education. issue of whether the children are learn- I heard the good Senator from Massa- nity, you sit down and brainstorm and ing, whether the low-income kids are chusetts come down here and say all decide what your fourth graders should learning, whether they are being as- the new money that has gone into title know, what level of math, what level of sessed, and the information is being I, or most of it, is the result of the fact composition capability, what level of put out to the public and the public is they offered amendments on the other English. Then once you decide that, making assessments as to whether it is side and those amendments made the you set up a process, a regimen, where right. changes in these programs and added you evaluate whether the children in This bill has been one of the most all of this extra money. I appreciate your school system are meeting those creative and aggressive bills we have the fact he at least gives credit to this obligations, are meeting those stand- ever passed as a Congress, or even the administration for putting a larger ards, are learning English at the level States, in the area of trying to correct amount of new dollars into the edu- and writing and spelling at the level what has been a fundamental problem cation accounts. That is nice, because you, the local school district, decide is in which our public school systems, re- it is true. There has been a huge infu- appropriate. grettably for years, were passing low- sion of new dollars into the education One of the key things the President income kids off and not giving them a accounts. said was don’t cover up the low-income shot at the American dream. It is This chart shows that in real terms. child by putting them in a large group working. I appreciate the fact the Senator from with all the other children in the We incessantly hear from the other Massachusetts basically acknowledged school system—what is called side about the failure of the bill. Why it. The last year of the Clinton admin- disaggregation. Let us look at these are we hearing that? Is it really be- istration, it was $42.2 billion in edu- different groups, whether they come cause it has not been funded? No. It is cation accounts. As of this year, there from minority backgrounds, whether because there is an educational estab- will be $58.7 billion in education fund- they come from low-English back- lishment out there which does not like ing, which shows the rather dramatic grounds, or low-income backgrounds. the fact it is being held accountable. increase. Let us find out what each group of chil- This isn’t about funding. This is a raw Ms. LANDRIEU. Will the Senator dren actually is learning. attempt by the educational establish- yield? Let us not say just because fourth ment to try to undermine the No Child Mr. GREGG. I will yield when I finish graders in the school system which has Left Behind Act law because they do my statement. I would be happy to. a lot of kids and who come from aver- not like the fact they are being held If we go to title I, we will see in the age income families that are doing well accountable. They do not like the fact last year the Presidency and the Con- on the scores as a gross number, but low-income kids are finally getting a gress were controlled by the Demo- that school system is working well chance, are finally learning something, cratic Party, there was $6.7 billion when we know for a fact the low-in- or are being told they have to learn spent on title I. When the Republicans come kids in that school system are something. took over the Congress, by the way, still being left behind—disaggregation. That is what this debate is about. Let that started to move up. In the years We set up a system. The President us not try to color it with money be- since President Bush has come into of- proposed a system where we go out and cause it is not about money. Let us get fice, that number has jumped dramati- say to the local school, You find out, into the money issue to prove that is cally, so we are now up to $13.3 billion you find out, parents, teachers, and not the case. being spent on title I.

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.033 S10PT1 S2478 CONGRESSIONAL RECORD — SENATE March 10, 2004 The same is true of IDEA, which is a cation. The amendment sets up a re- did control both the Presidency, the more startling number because the serve fund. The only thing the amend- House and the Senate, they did not Clinton administration never proposed ment actually does is raise taxes. It fund title I at full authorization. If increases in IDEA until the last year raises taxes by $17 billion and puts that there is credibility to their argument and they were the result of a Repub- money in an account. That account today, they would have had to have lican Congress forcing those increases may or may not get spent. What we do funded the authorization at its full into the Clinton administration. Again, know is it will raise taxes. level back when they controlled the the IDEA numbers went down during What does $17 billion in new taxes ac- Congress. But there is not credibility the first years of the Clinton adminis- count for? We heard from the other to their argument because they did not tration and started to go back up when side it will go against those wealthy do that. the Republicans took control of the Americans who are making too much In fact, when we look at the level of Congress. I was very involved when we money and we need to tax them some funding increases that occurred during demanded $1 billion a year. This Presi- more. That may philosophically be their administration when they had dent has proposed more increases in what they want to do, but as a prac- the Presidency and when they held the the first 3 years in IDEA funding—$1 tical matter that is not the effect this Senate, it was pretty much flat funded, billion each year onto each prior year— amendment would have. The proposals and it has only been with President than the Clinton administration pro- which are most at risk today in the tax Bush that the dramatic increases in posed in their entire 8 years in office. laws do not impact wealthy Americans; these accounts happen. This is an example of that during the they impact moderate- and middle-in- Do we have enough money in the Clinton administration. IDEA funding come Americans. It is the child tax pipeline to address title I and No Child was increased by $1.4 billion over their credit that lapses, it is the marriage Left Behind? That is an argument we 8 years. In three years in office, Presi- tax penalty which goes back into place, hear a lot about. We do know the num- dent Bush has increased that money by and it is the 10-percent bracket which ber has increased dramatically. States $3.7 billion. gets kicked back out if we do not ex- are getting a lot more money. In fact, It brings me back to a side issue. I tend the tax reductions which are on a lot of states are not pulling down the found it entertaining that basically if the books. full amount they have available to we listen to the Senator from Massa- Ironically, the $17 billion of higher them. We know there is some good an- chusetts, he said all this new funding taxes which this amendment is going ecdotal information coming in right which has flowed into the various ac- to force on the American people is now that says No Child Left Behind is counts—and it has been dramatic, as probably going to be borne primarily being adequately funded. shown by the first chart, into special by people who are married, because the I was interested to see a recent study education and title I—it was a function spousal deductions and the marriage by two public officials in Massachu- of amendments offered by the Demo- tax penalty, if not extended, add up to setts, one of whom was the Massachu- setts State school board chairman and cratic leadership and the Democratic $15.7 billion, an ironic joining of num- another who was a member of the membership of this Congress. I point bers but clearly a logical place where it school board in Massachusetts. James out I am not aware the Democratic will occur. If the $17 billion tax in- Peyser is chairman of the Massachu- Party controlled the Congress for these crease occurs, it will occur as a result setts Board of Education and Robert 3 years and it certainly did not control of these extenders not being put in Costrell is a professor of economics at the Presidency, so I am not sure how place. Therefore, the spousal tax, the University of Massachusetts at they managed to do that. The fact is which is $15.7 billion and which basi- Amherst, on leave, and currently we could not pass the amendments un- cally says if you are married you serves as the chief economist for the less the President agreed to them, should not have to pay more than if Executive Office for Administration signed the bills, and the Republican you were separated, will end up being and Finance. Congress agreed to them and passed it. most likely the place I suspect this tax These two gentlemen did a study of What can be pointed out is when the increase will occur. how much money was coming in under Clinton administration and the Demo- This amendment is unique in that it No Child Left Behind and whether it cratic Congress did control the issue of does not really impact the education was adequate. The report says they funding, had unilateral control of the accounts because it puts it into re- thought there was sufficient money in issue over funding because they had serve. It does, however, raise taxes, and the pipeline in Massachusetts to effec- both Houses of Congress and the Presi- most likely on married people. tively implement the law. dency, their accounts went down. It While we are on the subject of how Here are a few things they cite: The was not until a Republican Congress well funded No Child Left Behind is, we $391 million of Federal Department of and a Republican Senate made it its should go into some specifics. The No Education money that has been set No. 1 priority under Senator LOTT, Sen- Child Left Behind part of title I—and aside specifically to administer the ad- ator SPECTER, and other Members of what we have are charts that reflect ditional State assessments required this Congress that we started to see the how significantly we have increased under No Child Left Behind is more IDEA funding go back up dramatically. funding under title I since President than adequate. This is a very substantive point be- Bush came into office. Over the 8 years That was their conclusion. cause it makes the case that what we President Clinton was in office, he They did say: are hearing from the other side is truly raised the dollars into title I by $2.6 Although new funding may be needed in politics, the politics of education, not billion. In the 3 years since President the future, the authors observe that ‘‘The the substance of education. The sub- Bush has been in office, we have seen a needed dollar amounts are relatively small stance of education is whether a low- $4.6 billion increase or almost twice as and could be met easily by allocating funds income child in America today is bet- much, at least 70-percent higher fund- from lower-priority problems.’’ ter off in the system than they were 3 ing levels from President Bush as from Another finding: years ago. There can be no question President Clinton. Shortfalls in federal support of school but that child is. Finally, after years The argument is made that is still technical assistance, as required under No and years and years, we are finding out not enough, that we should be funding Child Left Behind, are small at present but whether that child is being educated at this to the full authorized level. I have are likely to grow significantly as more the same level as his peers, through as- been around this place for 11 years and schools are found to be in need of improve- ment. To fill the gap, the authors call for sessment, and when we find that out I think I understand we do not fund at greater flexibility in federal guidelines. and if we discover that child is not authorized level and everyone in this ‘‘Much of the gap can be filled,’’ Peyser and being educated up to his peers, we put institution understands the authorized Costrell explain, ‘‘by allowing states to allo- in place systems to address that. level is a statement, not a number. It cate more of their federal dollars to sup- It is also important while we are on is a goal. But it is not necessarily the porting turnaround efforts in low-performing this topic to address the nature of this goal that will be reached. districts.’’ amendment. The amendment does not What proves that beyond any serious The estimated cost of testing re- actually say the funding will go to edu- doubt is the fact when the Democrats quired by No Child Left Behind runs at

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.036 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2479 $20 per student, a small fraction of the I do believe it would have a huge det- First, let me respond that this per-pupil cost in the United States. rimental impact, potentially, espe- amendment does not raise taxes de- Today, the per-pupil cost in the United cially on married women and men, as a spite the rhetoric from the other side. States is $7,392. Interestingly enough, result of its ironic identity with the This amendment closes loopholes, just if you take the $391 million that the cost of extending the marriage penalty, as the Republican budget requires Federal Department of Education has which is $15 billion, which is essen- within itself in order to pay for this. set aside—and this is not their num- tially the amount of taxes this bill That is legitimate. It is not raising bers—to do the assessment work, you would raise. taxes. It is closing loopholes. I think it find it exceeds the $20 by a rather dra- I believe it is hard to defend this is an argument all of us in the Cham- matic number. I know in New Hamp- amendment either on a substantive ber understand. shire, for example, it exceeds it by a ground that it is going to make No Senator LANDRIEU has been listening factor of almost 10. In fact, the dollars Child Left Behind work better or on a carefully to the Senator from New increased per pupil from 2000 to 2004 in policy ground that it is consistent with Hampshire on his argument about Federal spending, these two gentlemen historical actions in this Congress— funding and funding increases, and she discovered, was about $300 per pupil funding full authorization—or on the is going to respond to that. I will yield across the country, which certainly far ground that raising taxes makes good her time to do that. outstrips the cost of the per-pupil test- sense because I do not think you can But let me point out, when President ing requirement, which is the primary support raising taxes, especially when Clinton came into office in 1993 and requirement in this law. it might have such a dilatory effect on 1994—and the Republican chart that So you have folks who are very inti- married people or people with children. was up only talked about 1993 and 1994; mately involved in this business in Therefore, I strongly oppose this it did not talk about the tremendous Massachusetts concluding that the amendment. increases later—the President’s No. 1 funds which are flowing, which have Mr. President, I would yield to the priority at that time was to balance represented a very significant increase Senator from Louisiana on her time. the budget, which was extremely out of in funding—as shown by this chart, Mrs. MURRAY addressed the Chair. whack. President Bush, when he came $13.3 billion right now under this budg- The PRESIDING OFFICER. The Sen- into office—and that chart was show- et—more than exceeds what is needed ator from Washington. to efficiently deal with the No Child ing us the numbers of increases at that Mr. GREGG. Mr. President, I think Left Behind requirements. time—his No. 1 priority was to cut One of the reasons we hear a lot the Senator from Louisiana had a ques- taxes. That is the difference. about No Child Left Behind not being tion. I yield to the Senator from Lou- I remind my colleagues on the other funded I think is that most States and isiana, but I ask that the time for this side, the reason the budgets for edu- school districts today are under signifi- question be taken off the side of the cation were increased is because Demo- cant pressure. But the pressure is not Democrats. crats demanded it. I know they have coming from No Child Left Behind; the The PRESIDING OFFICER. Does the forgotten this, but Democrats were in pressure is coming from local property Senator from Washington yield time to control in the Senate from about June tax burdens and State revenues. the Senator from Louisiana to ask a of 2001 until January of 2003, when We have gone through a recession question of the Senator from New much of those increases were in place, and those States have contracted in Hampshire? because we came to the floor and said their revenues. Property taxes have Ms. LANDRIEU. I would be happy to it needed to be done. gone down. As a result, school districts ask the question, but I think the Sen- I know my colleague, Senator find themselves under pressure. I do ator from Washington would like to LANDRIEU from Louisiana, is here. I not deny that. Everybody recognizes ask the question, and then I assist her yield to her such time as she needs to that. But because money is fungible, in that. respond. people easily identify the Federal dol- Mr. GREGG. Mr. President, I have The PRESIDING OFFICER. The Sen- lars as being less than what are re- not yielded the floor yet. ator from Louisiana. quired to fund what traditionally Mrs. MURRAY. Then, I will yield Ms. LANDRIEU. Mr. President, I would have been cost driven by and time to the Senator from Louisiana to thank the Senator. I appreciate the funded by local property taxes and ask the Senator from New Hampshire a leadership of the Senator from Wash- State dollars. question. ington. The No Child Left Behind function is The PRESIDING OFFICER. Is that I am sorry the Senator from New well funded. In fact, in this bill we have acceptable to the Senator from New Hampshire has left the floor because I increased it again. It is up another $1 Hampshire? do have about five points to make. billion specifically have increased spe- Mr. GREGG. As long as my answer is The first point I want to make is, cial education funding in this bill by $1 also coming off the time of the Senator while I respect his leadership in edu- billion. We have done that, by the way, from Washington. cation, and while I think he has abso- without repealing the child tax credit. Mrs. MURRAY. No, I will not agree lutely put the best spin possible on the In fact, we plan to extend that. We to that. situation that we face, I would say, in have done that without requiring par- Mr. GREGG. Then, Mr. President, I Louisiana, that dog just won’t hunt. ents—people who are married—having reserve the remainder of our time. Those numbers don’t add up. His to pay more in taxes by not extending The PRESIDING OFFICER. The Sen- charts do not tell the true story. Peo- the marriage tax penalty relief lan- ator from Washington. ple in Louisiana and throughout this guage. We have done it by retaining Mrs. MURRAY. Mr. President, the country are very anxious right now be- the 10-percent expansion so low-income Senator from New Hampshire has cause what they want to hear is the people pay much less in the way of strewn a number of arguments across truth, the whole truth, and nothing but taxes. All of that would be at risk—all the floor that need to be responded to. the truth. While I am not saying those three of those areas—were the $17 bil- Every one of them has a very legiti- specific numbers were not correct, the lion of new taxes, which this amend- mate, responsible answer. truth is not just about giving the spe- ment represents, to be adopted. I used to teach preschool, and I am cific numbers; it is about the whole I do not believe this amendment is le- reminded of the kids who came in and picture. gitimate from a standpoint of address- threw all their toys on the floor and I will begin with the truth and the ing the concerns of No Child Left Be- then trying to figure out which one to facts to put it in reference. I wish they hind. I do not believe it is consistent pick up first to try to make it look bet- would put the chart up, but they may with what happened in this Congress ter. Frankly, there are so many argu- not because they will not be able to de- when the Democratic Party controlled ments out here that I want to respond fend it. But if they would put the chart the Presidency and the House and the to—and I know the Senator from Lou- back up that shows the years they put Senate. It requires full funding of an isiana wants to respond to—but every up there—1993, 1994 and 1995—the Sen- authorization level, which was not one of these arguments can legiti- ator said when the Democrats were in done at that time. mately and clearly be denied. charge in 1993, 1994, and 1995, we did not

VerDate jul 14 2003 00:15 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.038 S10PT1 S2480 CONGRESSIONAL RECORD — SENATE March 10, 2004 have that much of an increase in edu- Even though we are increasing money He has put in writing, for this admin- cation. That is true. to education, the past administration istration, a charge to every Governor, But what is also true is that the pre- didn’t do a good job, and I, as the new every superintendent, and every ad- vious Republican administrations had leader of the country, am going to put ministrator across the country basi- left this country in such debt and in in a new law. We are going to step up cally telling them, I don’t know what such despair and the deficits were so the requirements and we are going to you all are complaining about, because high that we could not contribute have accountability. If we do that, you have a lot of money. money to any program of any sub- then I will fund those new efforts. As Wait until you see the reaction that stance because the country was going you know, he and the Republican lead- is going to happen across the country. broke. ership have decided they are not going It starts with the superintendent of So it is true we could not spend that to fund it. They are going to provide Iowa who has gone on record as saying: much money on education because we tax cuts. The implication that we have let huge had to take care of the deficit, this big Let me talk about pressure. I know sums of federal money languish, that the red line. So we had to cut back. the Senator from New Hampshire, who funds are at our disposal to use at our discre- Although Republicans say the Demo- was Governor and is now Senator, un- tion, or that we have not been good stewards crats don’t know how to cut back and derstands pressure. I don’t know ex- of the public money is not only unfair, but it Democrats never will cut budgets, that actly what he was talking about. is patently insulting. is absolutely not true. We, under good Maybe he could clear this up. If this administration, the Repub- and solid leadership, started trimming But when I supported No Child Left lican leadership, wants to continue to back. And we had to raise some reve- Behind, 40 percent of the teachers in insult everyone in America who is try- nues to get the country back into sur- Louisiana were uncertified and their ing their best across party lines, across pluses. When we did get back into sur- average salary was $27,000 a year. We racial lines, across geographic lines to pluses, the budget numbers will reflect are one of the lowest in the country. improve education, if they want to that there were increases made by the But when that law was passed, a man- keep putting out insults such as this, Clinton administration in education. date was put in that all of those teach- they may go right ahead. But that dog I will submit this document for the ers had to be certified by next year, doesn’t hunt. The arguments won’t RECORD. It is a little scratched up and 2005. We are in 2004. I don’t know if the stand. The facts do not justify the it is not very clear. I am sorry I don’t Senator from New Hampshire thinks story that is being told. have it in big print. But it will be put that is not pressure, but let me tell I am going to conclude with this. The in the RECORD. If anybody wants to you, my superintendents are feeling facts are these: When the country was argue about this page, they are more some heat. My legislature is feeling in huge deficits, which the Repub- than welcome. This is the official docu- some heat. I am feeling some heat in a licans, in large measure, were respon- ment of the U.S. budget. Nobody will good way, because 40 percent of the sible for because of their irresponsible refute these numbers. They are all teachers in Louisiana aren’t certified. policies, everything had to be cut back. right here. In this budget, which promised to help And as soon as the surpluses started to What they say is that there were in- train them, help increase their skills, appear, which was a good thing and ev- creases of 15 percent, 12 percent, 12 per- help recruit them, the funding is not eryone worked on making that happen, cent, 6.2 percent, 12 percent, 18 percent. there to do it. That is what I call pres- we said: Let’s set a new course for edu- It is true that as we got surpluses, we sure. cation and invest money but not just gave more money to education. But Let me talk about the pipeline for a throw money at the problem. Because I what is also true is this budget, which minute. The pipeline issue came up be- agree money is not the solution, but Senator MURRAY is trying to amend cause our Secretary of Education, sup- let’s have accountability and we will but the Republicans won’t allow it, is ported by this administration, after find results. saying that this budget, then, with calling all the teachers in America and We started down the path. We be- these surpluses, wants to take some of one of the leading organizations a ter- lieved the administration. We pressed that surplus money and commit it to rorist organization, which he has on, and then the rug was pulled out education. This budget says, no, we are apologized for but a lot of people don’t from under our feet. That is what this going to commit to it tax cuts, all to think the apology went far enough, budget is about. That is what Senator tax cuts, and no money to education. after calling them terrorists, he ap- MURRAY’s amendment is about. I am In addition, when President Bush peared before the committee and said, proud to be a cosponsor of it and that came into office, which was 2001, al- from a letter: is the truth. though we had increased funding for I ask unanimous consent to print the States are not fully utilizing the Federal education as the condition of the coun- education funds available to them in a time- following material in the RECORD. try improved and we were doing as ly manner, allowing billions of dollars to re- There being no objection, the mate- much as we could, the truth is, the main in the federal Treasury instead of im- rial was ordered to be printed in the President came into office and said: proving education for our children. RECORD, as follows: DEPARTMENT OF EDUCATION, DISCRETIONARY SPENDING [Program level—in millions of dollars]

2005 2001– 2001– 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 President 2005($) 2005

Program Level ...... 24,709 24,712 23,036 26,645 29,903 33,521 35,606 42,231 49,936 53,114 55,662 57,339 15,108 35.8% Budget Authority ...... 24,709 24,712 21,738 26,645 29,753 28,765 29,363 40,097 49,506 53,114 55,651 57,339 17,242 43.0% Difference ...... 0 0 1,298 0 150 4,756 6,243 2,134 430 0 11 0 ...... Program Levels Enacted (plus 2005 President) ...... 24,709 24,712 23,036 26,645 29,903 33,521 35,606 42,231 49,936 53,114 55,662 57,339 ...... Change from previous year ($) ...... 858 3 ¥1676 3,609 3,258 3,618 2,085 6,625 7,705 3,178 2,549 1,677 ...... Change from previous year (%) ...... 3.60% 0.01% ¥6.78% 15.67% 12.23% 12.10% 6.22% 18.61% 18.24% 6.36% 4.80% 3.01% ...... 4 year average (1997–2001) ...... 12.20% ...... 4 year average (2001–2005) ...... 7.95% ...... President’s Requests Program Level ...... 26,753 26,281 26,378 25,829 29,686 32,601 34,685 40,088 44,541 50,310 53,139 57,339 ...... Request vs. previous enacted year ($) ...... 2,903 1,572 1,665 2,793 3,041 2,698 1,164 4,482 2,310 374 25 1,677 ...... Request vs. previous enacted year (%) ...... 12.17% 6.36% 6.74% 12.13% 11.41% 9.02% 3.47% 12.59% 5.47% 0.75% 0.05% 3.01% ...... Enacted vs. Request ($) ...... ¥2,044 ¥1,569 ¥3,342 816 217 920 921 2 5,394 2,804 2,523 0 ...... Enacted vs. Request (%) ...... ¥7.64% ¥5.97% ¥12.67% 3.16% 0.73% 2.82% 2.66% 5.35% 12.11% 5.6% 4.7% 0.0% ......

Ms. LANDRIEU. I yield back the re- The PRESIDING OFFICER. The Sen- Mrs. MURRAY. Mr. President, I un- mainder of my time. ator from Washington. derstand the Senator from Wyoming is on the floor. I want to set up some

VerDate jul 14 2003 01:31 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.041 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2481 time allotment for our side so we can minutes I have been talking, we have Medicare plan or Social Security or go back and forth. Under our time, I spent about $2 million more than we Medicaid. The fastest growing entitle- yield 10 minutes to the Senators from are taking in. ment program in our Federal budget is Delaware, 5 minutes to the Senator In 2001, the first year I was here, and servicing our national debt, as you can from New Mexico, and 10 minutes to when George Bush was President, he see from the last chart I shared with the Senator from Minnesota. We will said: you. alternate time with the other side as We can proceed with tax relief without fear In 2009, our Federal Government will they require. of budget deficits. spend some $1.5 billion per day in inter- The PRESIDING OFFICER. Without He was wrong. est on our national debt. In 2009, the objection, it is so ordered. He said: Federal Government will spend more money servicing the debt than we Mr. CARPER. Do I understand that Our budget will run a deficit that will be Senator BIDEN and I have 10 minutes to small and short-term. spend on the entire defense for our divide among ourselves? country. He was wrong. I will say that again. In 2009, we are Mrs. MURRAY. The Senator has 10 In 2003, he said: minutes. I assume that is equally di- going to spend, if we stay on this Our current deficit is not large by histor- track, more money servicing the Fed- vided. If you need more than that, I am ical standards and is manageable. happy to yield it. eral Government’s debt than on defend- Mr. CARPER. What I would like to He was wrong. ing our Nation. do is have maybe 5 minutes to talk on Now he says: Let’s get real. I don’t have the time your amendment, and then Senator The deficit will be cut in half over the next to go through this entire chart, but 5 years. BIDEN and I wish to welcome some spe- this is instructive. The debt we are cial guests. He is wrong again. going to have this year—about $521 bil- Mrs. MURRAY. That is fine. I will My friends, our budget deficit this lion—is actually more than all of our yield the time on my side to allow year is going to be about a half trillion nondefense discretionary spending. We them to do that. dollars. When you actually take away could get rid of the EPA, the housing Mr. CARPER. I thank the Senator. the surplus funds from Social Security programs, the education programs, and I will say a word, if I can, in support that mask the Federal budget deficit, homeland security on the appropria- of Senator MURRAY’s amendment to it is even larger than that. While there tions side—everything but defense— fully fund No Child Left Behind. is a little downtrend starting this year and we would still have a deficit of In 1995, the Congress passed, with the for a couple years in the budget defi- about $55 billion or $56 billion. urging of many Governors, unfunded cits, the real budget deficit, the oper- There will be a vote later this week, mandate legislation that said Congress ating deficit, is about $450 billion. Then beyond the vote on the Murray amend- and the Federal Government should it climbs steadily up. The boomers, my ment. I think it will be offered by Sen- not tell the States what to do and then generation, will begin to retire, and we ator FEINGOLD of Wisconsin. It speaks not provide the money to do it. The are looking at a budget deficit for 2014 to getting real. There was a time not Federal Government should not be tak- of about $785 billion. That is three- too long ago when we were real. When ing money away from States without quarters of a trillion dollars. Those are somebody came to the floor and said, I providing an offsetting amount of rev- operating deficits, not debt. want to raise spending by some mag- enue for the money taken off the table I wish we had a chart of the debt. We nitude, they had to come up with an for the States. do. offset. If they wanted to raise spending, If we fail to adequately fund No Child In 1962, I was a 15-year-old kid grow- they had to cut spending someplace Left Behind, yet at the same time man- ing up in Danville, VA. It is hard to see else or raise revenue by that amount. date higher performance requirements the red ink down there on the chart be- Similarly, if I or anybody else wanted to come here and say, let’s cut taxes by in classrooms, whether it is in Dela- cause it wasn’t very much. It was less some amount of money, we had to ware, Washington, New Hampshire, than a trillion dollars; it was a couple come up with an offset. That is com- South Carolina, or in New Mexico, we hundred billion dollars. In 1982, we hit mon sense in my State. That is just are putting in place an unfunded man- $1 trillion. In 2003, last year, we ex- common sense. We used to do business date. I have been visiting a number of ploded up to about $6.8 trillion. You can see this leveling off from about that way here. schools in my State over the last cou- A couple of years ago, those pay-as- 1998, 1999, and 2000. That is what hap- ple of weeks. What I have asked is, you-go rules lapsed. We need to rein- pened in the last administration and in what have you done with the extra state them. We have the opportunity to money we have given you as a result of the very beginning of this administra- do that this week. In an hour or so, we No Child Left Behind? I got some inter- tion. are going to vote on the Murray esting answers. What happens now, starting in 2003, amendment to avoid an unfunded man- A lot of the money is being invested is the debt—real debt, how much we date and make good to those kids born especially in title I increases, in early are borrowing as a country from the in Delaware today and around the childhood. We are seeing some remark- Bank of China and banks in Japan, and country so they are not saddled with a able results. These children who are from people all over the world—goes huge debt to face for the rest of their doomed to fail, instead of going on to from where it is today, about $7 tril- lives, and to give them a chance to be failure, have age 3 and age 4 quality lion, to in 2014 some $15 trillion. successful in school and in life. prekindergarten programs, and age 5 There are going to be about 29 or so The PRESIDING OFFICER (Ms. MUR- full-day kindergarten programs, and babies born in Delaware today. They KOWSKI). The senior Senator from Dela- extra learning time that follows be- are going to be facing something I call ware is recognized. yond that, and there are remarkable a birth tax. Some of my colleagues on Mr. BIDEN. Madam President, I am results. the other side talk about a death tax, told we used up a lot of the time, nec- By the time these kids are in the which is their term for the estate tax. essarily. I ask unanimous consent to third grade, they are doing basically as I am talking about a birth tax. For have an additional 5 minutes. well as the kids coming from places every baby born in my State today, The PRESIDING OFFICER. Is there where we expect success. We are cut- they will face a debt of $35,000 apiece objection? ting in half our revenues to special when they come into the world. So do Mr. GREGG. Reserving the right to education. I urge my colleagues to sup- their brothers and sisters and parents object, I didn’t hear that. port the amendment proposed by our and grandparents. By 2009, it is going Mr. BIDEN. Earlier the distinguished colleague from Washington to fully to be over $35,000. That is the kind of Senator from Washington yielded to fund No Child Left Behind. welcome to the world we are giving Senator CARPER and me to allow us to I will add a few comments to that, if children in my State, and other States both acknowledge support for her I may. Every minute, the Bush admin- as well. amendment and then a total of 10 min- istration spends $991,000 more than it The fastest growing entitlement pro- utes of morning business to speak to takes in—every minute. During the 2 gram in the Federal budget is not the another issue.

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.043 S10PT1 S2482 CONGRESSIONAL RECORD — SENATE March 10, 2004 The PRESIDING OFFICER. There is they have to have competence in makes a whole lot of difference in what 1 minute remaining of that time. science until several years from now, the kids take. The biggest difference is Mr. BIDEN. Madam President, I ask and that is very important. We are the parents have to pay attention to unanimous consent that my colleagues starting with some very basic points. If what they want their kids to be able to would permit an additional total of 10 a child cannot read and do math, they do and make sure the plan they are minutes, divided between the junior do not stand much of a chance. Their signing their kids up for will make Senator from Delaware and myself. choices in life are very limited, and the that kind of progress. Mr. CONRAD. I am happy to yield President recognized that. In the discussion over our priorities that time. He did not say: On the average, we on the current budget, my colleagues The PRESIDING OFFICER. Without want everybody to be able to read and continue to suggest funding for edu- objection, it is so ordered. do math. He said: I want every child in cation is being ignored. Well, we have (The remarks of Mr. BIDEN and Mr. this country to be able to read and do had some charts that show it is not CARPER are printed in today’s RECORD math. being ignored; it has been greatly in- under ‘‘Morning Business.’’) That is where we are starting. Now, creased under the Bush administration. The PRESIDING OFFICER. Who we have places we can go with that, We had a fascinating display of a yields time? science will be added in, and other chart on the other side that gave the Mr. GREGG. I yield to the Senator things can be added in, but we are try- impression the reason the Clinton ad- from Wyoming such time as he may ing to do something very basic. We also ministration had declining amounts consume. get the impression from this discussion going into education funds was because The PRESIDING OFFICER. The Sen- the Federal Government provides all of there was a deficit and they were try- ator from Wyoming. the money for education. That is not ing to overcome the deficit. I remem- Mr. ENZI. Madam President, I rise in true and it never was true. I do not ber when I arrived here 8 years ago we opposition to the amendment. I really think it was ever intended to be true. were trying to force that balanced appreciate the comments of the Sen- We used to provide about 7 percent of budget constitutional amendment. We ator from New Hampshire where he the education dollars in the United failed by one vote, but it had a positive went over the No Child Left Behind States. The local people provided the effect. The positive effect was both legislation and what it really does. The rest of it. sides of the aisle understood we needed No Child Left Behind legislation is to It always fascinated me that for the to do a better job on balancing the get kids to be able to read and do 7 percent in education funding we pro- budget, and we did. That helped grow math, hopefully by the time they are vided, we caused 50 percent or more of the economy, and the economy’s in third grade but definitely by the the paperwork. Yes, we really tie a lot growth is really what provided the time they graduate from high school, of things to our money that does not money. We did not cut programs. We and to have some confidence in it. have anything to do with local control. increased programs. We did not elimi- Every State has the right to set their It has to do with jobs in Washington nate programs. We added new pro- own standards and they have to follow because if we have a lot of reporting grams. The growth of the economy them, but the idea is to get them to do that has to be done, somebody has to kept ahead of the spending. reading and math. make sure those reports are filled out. There have been a number of things We held some hearings in Wyoming. I I had a school superintendent who that have affected the economy lately, had the Department of Education come came out for one semester. He spent but a very important part of this dis- to Wyoming and talk about some of the some time in my office, and actually I cussion is, we are on the U.S. budget. rules and there were concerns about had him go down to the Department of We are not appropriating. We are not the law and some of the ways it af- Education and look at where his re- doing Finance Committee work of fig- fected Wyoming. We are a very rural ports were going and what was done uring out what the taxes should be. We State. We have a large State. We have with them. He was fascinated to find are doing a budget. The purpose of a very small populations. We have some out they read all of them. He was tre- budget is to set targets. Maybe that is different classrooms than in other mendously disappointed to find out not a good word to use on this floor, places and we needed to be sure when that is all that happened to them, and but I think it is a very important word the rules were written they would work he did not see why we were filling out to use. It reminds me of a cartoon that for Wyoming, which has a very tough reports that just provided people with I saw of a grizzly bear that had this big law that was already in place before No a job to make sure the report was com- target on his chest, and the other bears Child Left Behind even came along. plete. gathered around and said: Oh, rotten It has increasingly difficult stand- There is a lot of room to eliminate birthmark, rotten birthmark. ards that have to be met over the next paperwork. That would save time and Targets are important, and all the several years, and they adopted that as money at the local level, which is abso- budget does is set targets up. We do not their No Child Left Behind standards. I lutely essential. shoot at them. We do not decide how do not want people to have the impres- I also wish there was more in the bill big the rings are going to be. But we sion No Child Left Behind forced the that dealt with parental responsibility. set targets up. States to do all of these things. Yes, it When the parents are involved in a Now, if my colleague will listen to did force some of the States to do some child’s education, the child does better. the debate we are having, sometimes of these things, but a lot of the States Again, we focused on reading and math we are suggesting the target be moved were already doing things to make sure and what the schools could do because a little higher. Sometimes we suggest no child got left behind. that is where the money goes. the target be moved a little to the left. I appreciate the President joining We held a hearing last week and one Sometimes we suggest the target be those States and encouraging in a very of the people present mentioned that in moved a little to the right. Listen care- forceful way the other States to do one area of the country, Washington fully and see if anybody ever suggests that, too. State, there was a high school that moving the target down. No. That is Incidentally, I had people drive as far forced the parents to sign up the not good politics. It is important poli- as 200 miles to come to one of these courses for the kids. That is a fas- tics, but it is not good politics. hearings and we are going to hold two cinating concept. Kids in high school What we are going to do is set the more of them in Wyoming yet. But I can go sign up for their own courses, budget, the targets. Once those targets did have one person stand up and say and when they do they will say: This are set, the authorization committees there is not anything in No Child Left one looks easy, and this teacher is easy get to work with them. They are the Behind about improving physical edu- for an A, and I like doing this because ones who actually work with the rings cation and that is very important. If it is a little more outdoors. But when of the budget. They decide what the people are not healthy, they cannot do the parents look at it, they say: I want priorities are and how big each of those well in school. my kid to excel and these are the ought to be, and then the money gets I pointed out there also is not any- things he or she will have to do or be turned over to the Appropriations thing in No Child Left Behind that says able to do to excel in the school. It Committee. They are the first ones

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.046 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2483 that get to shoot at the target. When The difference is, if you are a regular worked on that, along with Senator that comes to the floor, we get to shoot corporation you pay a small tax on the KENNEDY. We got it out of committee at the target. Everything before that is money that stays in there. When the unanimously. We got it through this setting up targets. dividend gets paid out, there are addi- body unanimously. Now we can’t name A lot of the discussion we have heard tional taxes that get paid on it. So it is a conference committee. Until a con- this morning is based on three assump- not very appealing to the small busi- ference committee is named and we tions I believe are mistaken. The first nessman to use that form of corpora- can work out the differences with the assumption of my colleague from tion. But if they go with the sub- House, improvements to that bill are Washington State is that raising taxes, chapter S, or single proprietorship, not available. by repealing some or all of the recent there are some advantages to that, but Training for 900,000 people is in jeop- tax reductions, will not have a nega- the big disadvantage is they pay the ardy. Training for people who could up- tive impact on the economy. I noticed tax in the year the balance sheet shows grade their skills to fill in the kinds of that the discussion changed a little bit they earn it and they don’t get to take jobs that are available in the country to loopholes, and it was pointed out that out. versus the jobs they are trained for. It that in the budget there are some loop- When we are talking about raising is 900,000 jobs a year and we can’t have holes. We talked very specifically taxes on the rich people in this coun- a conference committee to get that about some loopholes, how big those try, that is a nice phrase people like to done. It makes more sense to me that loopholes are and whether they could use but most of those business owners we would try to fill the jobs that are be achieved in the budget assumption. I know don’t consider themselves to be available now rather than spending I think in order to add to that, a person rich. They do consider themselves to more Federal dollars to try to create would have to figure out what those have a good business and they are em- jobs. The third assumption my colleagues other loopholes are. There is a limited ploying a lot of people. are making is that this Congress is not amount of loopholes. There are some When we are talking about busi- maintaining its commitment to edu- real ones that can be identified. They nesses, we are talking about small cation. I would like to point out to my can have a price put on them. But if businesses, we are talking about 90 per- colleagues that under this Federal that is not done, what is being talked cent of the businesses in this country, budget resolution, Federal education about is the common campaign tactic and we are talking about the vast ma- funding will be at its highest level in of saying we are going to take it out of jority of jobs in this country. I can tell history. It will come close to doubling you for a fact when somebody works waste, fraud, and abuse. since the year 2000—doubling. We dou- Yes, probably in many of the Govern- for a small business, they understand bled the National Institutes of Health’s ment programs there is waste, fraud, how tenuous their job is. They under- budget over a period of about 8 years, and abuse. If you add it up, there is a stand how fragile some of these small but this President has nearly doubled limited amount of it. Finding it and businesses are. They don’t have the the education budget since 2000—nearly eliminating it is a whole other prob- vast market to fall back on. If there is doubled it. It amazes me. lem. The same with loopholes. a small change in their market, it can The opposition, of course, is upset So when they talk about the money mean the end of their job; the same as with that because this President has here, they are talking about raising a change in taxes can make a dif- had the audacity to take the leadership taxes, which would repeal all or some ference in whether that person stays in on education. Leadership in education of the recent tax reductions, and it business or goes to work for somebody used to be from the other side of the would have an impact on the economy. else, abandoning the business and los- aisle. But this President said, We are The truth is, a tax increase would ing jobs. going to do it, and he put the dollars hurt economic growth, which is the When we are talking about taxes, we behind it to do it. It amazes me that, most important factor in terms of rev- have to keep that in mind. The Federal despite these increases every year, we enue. I mentioned that how we were ac- Government can leverage resources. hear about how this administration tually able to come up with surpluses We were talking about job training, and the current congressional leader- was growth, not reducing programs. too. They can leverage resources to ship failed to support adequate funding The second assumption my colleague help train individuals for available for educational programs, particularly is making is that the Federal Govern- jobs, but job creation is something title I of No Child Left Behind. ment is somehow responsible for cre- done best by the private sector in this The truth is, these programs have ating new jobs. As a former small busi- economy and it functions best when seen enormous increases over the past ness owner, I know firsthand that ex- the Federal Government is not taxing 4 years. Even so, my colleagues assert panding Government is not the best these small businesses beyond the that we are somehow undermining our way to create jobs. Taxing small busi- point where they are sustainable. commitment to education. ness is not the best way to create jobs. It has been interesting. When we I am reminded of the debate this We keep talking about these rich were back in the times of the mega body had over last year’s budget reso- people out there. A lot of those rich mergers, when the big companies would lution. We heard over and over from people are not rich at all. They have combine together to form an even big- our minority colleagues that the Fed- businesses and, because they are single ger company, and then have what they eral commitment to education was too proprietorships or partnerships or sub- called a downsizing, or a ‘‘right small. Despite all of the discussion sur- chapter S corporations, whatever profit sizing’’—that is when they would lay rounding our failure to support edu- shows up on the balance sheet goes to off 6,000 or 9,000 people; I called it lay- cation funding, the current Senate the bottom line on their taxes. It is ing people off—when that happened, leadership has increased spending for considered to be money they have the small businesses of the country title I and other educational programs earned on which they need to pay picked up those employees. So it is not more than any other Congress in his- taxes. the big businesses of this country that tory. Yet my colleagues argue that is But having been a small business- do the job for us; it is the small busi- insufficient. They argue we need to man, this is how that really works. nesses in this country. And a change in raise taxes to support more education Yes, your business shows a profit at the taxes affects those small businesses. spending. end of the year. Yes, it is honest ac- I am also confused as to why my col- What is the impact of all this new counting. But you don’t get to take the leagues argue for additional funding for spending on education? State and na- money out. Hopefully, you have a programs that they argue will help tional studies show that funding for No growing business, and a growing busi- generate jobs, yet they continue to op- Child Left Behind is adequate. I would ness needs ever more amounts of rev- pose naming conferees to the Work- like to remind my colleagues from enue. That is what the big corporations force Investment Act, which would Massachusetts that a study in their do, too. Their profits don’t get paid out help train individuals for jobs that are State suggested that more than enough every year in the way of dividends. already available. funding is available for implementa- They stay in the corporation to grow The Workforce Investment Act tion of the law. Opponents of the budg- the corporation. passed last year. Senator MURRAY and I et resolution might suggest that other

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.049 S10PT1 S2484 CONGRESSIONAL RECORD — SENATE March 10, 2004 States have found that funding for No don’t contribute enough and if these nues go down unless they can figure Child Left Behind is insufficient and Americans were truly interested in out a way to get those revenues to that more money is needed. Many of their country’s well-being, they would come up. They usually do both. They these estimates are based on some agree their taxes should be even high- try to figure out a way to get the reve- risky assumptions. Some of these stud- er. I think that is simply ridiculous. nues to come up, but they also cut pro- ies are anticipating costs more than 10 I don’t believe the tax increase is the grams that don’t work. They get rid of years into the future. only option we should consider. We are products that aren’t selling. As an accountant, it strikes me that discussing a budget that would provide For some of those programs, the these studies are missing the point, be- $814 billion in discretionary spending. products are only selling to the people cause they are suggesting that current My colleagues are saying that simply who are employed by the programs— funding is inadequate for challenges is not enough money. not to all of them. For some of them, that are not even going to appear for 5 Reflecting on my experience as an ac- it was probably a gross error in writing or 10 years in the future, if they appear countant again, when a company is their report. But if we ever cut some of at all. running deficits there are two things those, I would bet there would be a lot I asked for some information about that can be done: They can raise rev- more attention paid to their own re- the title I grants for local educational enue or they can cut spending. This ports on performance and goals. That agencies to see what kinds of increases body has shown an insatiable appetite is something we ought to be doing. we have had between 2001 and 2005. I for new spending, but there is a gen- Even under the current budget cir- was fascinated to see Louisiana, which uine lack of support for reductions in cumstances, my colleagues are asking has been part of the discussion this spending. We talk about tax loopholes, for even more spending. At what point morning, had a 46.9-percent increase in we talk about fraud, waste, and abuse, can we say enough is enough? How funding. Massachusetts got a 24.1 per- and we talk about tax increases, but we much Federal spending is adequate? I cent increase in Title I. New York got don’t talk about truly cutting because think I have said enough about raising an increase of 65.2 percent. Rhode Is- we haven’t got the will to do it. Even taxes and why this body must oppose land got an increase of 76 percent. when we talk about increases, it is not any effort to finance additional govern- Washington State got an increase of enough. ment spending by levying further taxes 47.9 percent. I mention the targets we put up for on our citizens. The Senator from Louisiana also the budget, the targets the appropri- Discretionary education spending has mentioned they didn’t have enough ators actually see. We talk about rais- increased by 64 percent since 2000. In money. It is kind of fascinating to me ing them, moving them to the right or real dollars, there has been more than that out of the discretionary funds, moving them to the left, but never low- a $13 billion increase in discretionary those that weren’t used reverted to the ering them. program funding since 2000. Of that U.S. Treasury. I have the list by State. In the President’s budget, there was total, $4.5 billion has been in title I Louisiana surrendered 6.37 million to some tremendous leadership. The alone. More than enough has been dedi- the United States Treasury. All to- President actually suggested cutting cated in spending to cover the manda- gether more than $154 million was re- some programs. Why did he suggest tory expenses of the No Child Left Be- turned to the Treasury. All of it isn’t cutting programs? He suggested it be- hind Act. Additional increases are both being used. cause Congress imposes on the Federal unnecessary and irresponsible given I spoke to one Wyoming super- Government the Government Perform- the current budget situation. As we intendent. He said the biggest problem ance and Results Act. We said every speak, States are waiting on new in- with title I was they needed more flexi- federal program in this country has to creases even though they have nearly bility to be able to shift that money to do a report every year. In that report $6 billion in unobligated funding to salaries because they already have all they have to show what their applica- them. Almost $2 billion of that total is they can possibly buy with title I. I tion is, what their goals are, how they title I funding. It is time we stop tax- thought that was interesting. are going to accomplish it, and how ing and spending to meet needs that I also would like to point out to my that fits with the money they are have not presented themselves yet. colleagues that the ‘‘wealthy’’ individ- spending. They have to tell us what the I yield the floor and reserve the re- uals who would be paying for these in- job is they are doing and how they are mainder of our time. creases couldn’t possibly afford to fund getting it done. The PRESIDING OFFICER. The Sen- all the additional spending my col- It might be interesting to people who ator from Washington. leagues in the minority are recom- are listening, that in some of the agen- Mrs. MURRAY. Madam President, I mending. They would have to earn cies some of their programs failed ask unanimous consent to add Senator much more than $1 million a year. As those reviews. They aren’t doing what SARBANES and Senator BINGAMAN as co- my colleague from Utah has pointed they said they would do. According to sponsors of this amendment. out repeatedly, it is the small business the reports those people are writing, The PRESIDING OFFICER. Without owners who will be paying the bulk of they are not doing their job. The Presi- objection, it is so ordered. these taxes. dent said if they are not doing their The PRESIDING OFFICER. The Sen- I don’t believe you want to send the job, let us cut the program. ator from New Mexico is recognized. message to the people who managed to I can tell you that on the Budget Mr. BINGAMAN. Madam President, I achieve the American dream and fi- Committee we did not do that. That is rise in strong support of the Murray- nally have financial security that the not in the budget. We didn’t cut any of Kennedy amendment. This would fully Federal Government will then turn to those programs no matter how bad the fund the No Child Left Behind Act. The them and ask them to surrender a Government Performance and Results question of how much money the Fed- much larger portion of their income Act showed them to be. That would eral Government should provide to and call it their ‘‘civic duty.’’ I have been $5.9 billion. I hear that is not local school districts to assist in meet- shouldn’t have to remind my col- enough to do anything, but it would be ing the goals of the No Child Left Be- leagues that the highest tax rates in a big part of what we are trying to do hind Act was something we discussed this country already apply to the in this amendment for education. We extensively when the bill was being wealthiest Americans. The graduated are not cutting those programs. We written. Many of us urged that those tax scale relies largely on the wealthi- will have constituents and interested figures be higher than they wound up est 10 percent of Americans for most of people who will try to prove the Gov- being, but the authorizing legislation the Federal Government’s revenue al- ernment Performance and Results Act contains figures which we think the ready. reports were absolutely wrong. Congress should honor and should step The ‘‘wealthiest’’, as I have ex- We need to have some courage to cut up to and fund. That is exactly what plained, are the people who are busi- some things, to revise some things, and this amendment would do. I congratu- ness owners who are putting most of to consolidate some things. That is late my colleagues, Senator MURRAY that back into a business. My col- what businesses would be doing. Busi- and Senator KENNEDY, for putting this leagues are suggesting these Americans nesses have to make cuts when reve- amendment forward.

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.052 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2485 As I am sure has been discussed ex- a very large Hispanic and Native Amer- schools colder during the winter tensively, the core idea behind the No ican population. The graduation rates months to cut down on their heating Child Left Behind Act was we would re- among those groups are slightly better bills, or restrict how many pages stu- quire States and school districts to es- than 50 percent. That means we will dents can print from their computers. tablish what would be considered per- find half of the Hispanic and Native These are certainly not the results we formance goals for their students, that American students who started in the want. they would make what we call ‘‘ade- 9th grade actually going through that Problems exist at the State level, quate yearly progress’’ in achieving graduation ceremony. That is a ter- too. Our State Department of Public those goals, and that the Federal Gov- rible indictment of our education sys- Instruction is working hard to imple- ernment is committed to provide as- tem. The least we can do is put in the ment the new law. But they believe sistance in doing that. Unfortunately, small amount that was contemplated they will need more funding to create we have fallen short. Unfortunately, when we wrote the No Child Left Be- new data systems to meet new data this President has not asked for the hind Act. collection and reporting requirements. full funding on that legislation in any This is very important to schools They will also need more funding for year since it has been in effect. Again throughout my State, to the larger technical assistance teams to help this year, he has not asked for that schools, also to the rural schools. I schools and districts in need of im- funding. This amendment would try to hope it is a correction that can be provement. correct that problem. I believe it is a made. I hope very much the Murray- It is time that the Senate and the very meritorious amendment. Kennedy amendment is adopted so the President lived up to the promises that I want to particularly spend my very funds will be there to actually accom- were made. The Murray amendment few minutes here focused on one par- plish this objective. would establish a reserve fund to add ticular program I have spoken about I yield the floor. $8.6 billion to the Budget Resolution many times on the Senate floor. It is Mr. KOHL. Madam President, I rise for the purpose of fully funding No very important in my home State of today in strong support of the Murray Child Left Behind. At the same time, New Mexico; that is, a provision in the amendment. I am proud to cosponsor this amendment lowers the deficit by No Child Left Behind legislation the this amendment, which will finally $8.6 billion. The amendment is fully President signed which calls for the provide the funding that Congress and offset. I hope my colleagues will sup- Federal Government to assist local the President promised when No Child port this important amendment and fi- school districts in trying to keep kids Left Behind became law. nally provide the funding that our stu- in school. It was dropout prevention ef- I supported the No Child Left Behind dents need to succeed. forts by the Federal Government to as- Act because I believed it would provide (At the request of Mr. DASCHLE, the sist the local school districts in pur- a real chance for real reform. For the following statement was ordered to be suing those. The idea was, as you are first time, the Federal Government printed in the RECORD.) requiring more and more of students, would provide the resources that ∑ Mr. JOHNSON. Madam President. I teachers, and schools, there is a great schools, teachers and principals need to want to express my strong support for temptation on the part of those schools help all students succeed. And in re- Senator MURRAY’s amendment to the and those teachers to just say, let’s turn, we required real accountability budget resolution to fully fund the No look the other way and allow some of for results. Teachers, principals and Child Left Behind, NCLB, Act. these poorly performing students to school boards are working hard to live Adequate funding is a necessity for leave school. That way we can get our up to their end of the bargain as they school districts to continue to achieve standards up and everyone will be work to meet the requirements of the adequate yearly progress. When Con- happy. new law. Now they are counting on us gress passed and the President signed Unfortunately, that has happened. It to live up to our end. NCLB, we set standards of achievement is happening in my State. It is hap- Unfortunately, the President’s fiscal to improve education for all. However, pening in many States in the country. year 2005 budget request—and the I have been woefully disappointed with We are not doing what we committed budget resolution before the Senate the administration’s refusal to make to do—we, the Federal Government are today—fall far short. This budget reso- good on the promises it made to pro- not doing what we committed to do in lution falls $8.6 billion short of what vide state and local school districts that legislation to assist schools in was authorized under No Child Left Be- with the resources they need to imple- heading this off. We committed in the hind. Just when we’re asking schools to ment the NCLB reforms. The adminis- legislation to provide $125 million per do more, this budget resolution takes tration has underfunded NCLB by $26 year to assist in dropout prevention. away the very funding they need to billion since 2002. This year, this current year, we are succeed. In my home State of South Dakota, providing $5 million—not $125 million It might be easy to dismiss this education officials and educators are but $5 million. Considering the number shortfall when you talk about it in working very hard to meet the require- of school districts in this country, the terms of billions of dollars. So I want ments of this law. It is irresponsible for number of students who are at risk of to tell my colleagues here what this the Federal Government to say that dropping out, this is a ridiculously low shortfall in funding has actually meant States and school districts must meet figure. for schools in my State of Wisconsin. the requirements in this law, while we Unfortunately, if we are not able to In 2003, Milwaukee Public Schools re- do not meet the promises made in this adopt the Murray-Kennedy amend- ceived an $8 million increase in Title I law to provide funding to do so. Under ment, we are going to be faced with a funds. But the new requirements for NCLB, South Dakota should receive situation where when we come to the supplemental services and transpor- $62.3 million for Title I for Fiscal Year Appropriations Committee, they will tation for students to better per- 2005. President Bush’s budget would say there is no money to fund this. It forming schools cost over $10 million. shortchange South Dakota by $24.6 was funded at $5 million. Maybe we will In other words, the new mandates cost million. This would result in 8,029 continue to fund it at $5 million again. $2 million more than the total increase South Dakota children being denied Essentially, the Federal Government is MPS received, and they had to make full Title I services for which they are going to once again take a walk on any up the difference. To cover the costs, eligible. This is unacceptable to me. responsibility to assist with solving they were forced to cut their popular As I travel South Dakota and meet this problem. summer school program, which had with superintendents, principals, edu- I believe firmly when we allow a stu- served 17,000 students. cators, school board members, and par- dent to drop out of school before they This is just one example. Across Wis- ents, I hear about how hard our schools graduate, we are leaving that student consin, school districts are being forced are working to provide the best edu- behind. We are leaving that child be- to cut staff and increase class sizes, cut cation possible to their students. How- hind. Clearly, we need to make a pri- music, art and foreign language edu- ever, this trend of continuing to ority out of this. This is a problem that cation, and cut textbook purchases. underfund NCLB commitments will particularly affects my State. We have Some have even had to keep their only make it more and more difficult

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.055 S10PT1 S2486 CONGRESSIONAL RECORD — SENATE March 10, 2004 for our local school districts to meet will suffer. Budgets are about prior- distinguished colleague from the State the adequate yearly progress require- ities. What priority could be more im- of Washington, Mrs. MURRAY, and my ments of the law. portant than ensuring the future of our distinguished colleague from the Com- This Congress and the administration children by providing them with a monwealth of Massachusetts, Mr. KEN- have an obligation to uphold our prom- first-class, world-class education. NEDY, to fully fund the No Child Left ise that no child be left behind by the Mrs. CLINTON. Madam President, I Behind Act and to improve overall public education system. I encourage support the Murray-Kennedy amend- funding for education and training pro- my colleagues to support Senator MUR- ment to meet the funding promises in grams. I believe it is critical that my RAY’s amendment, which would go a the No Child Left Behind Act. colleagues in the Senate adopt this long way in helping our schools meet When I voted for the No Child Left amendment which represents a critical the challenges in NCLB.∑ Behind Act I though we made a deal investment in America’s future. Mr. DODD. Madam President, when with our local school districts—we A little more than 2 years ago, in this President came to office he called would ask more of them and we would this Chamber, we made a bipartisan himself the education President and provide the resources to allow them to commitment to leave no child behind. called for significant reforms. When he meet those expectations. Today it is This landmark legislation has the po- offered these reforms he promised to clear that this administration has de- tential to strengthen our public edu- provide us with the resources needed to liberately chosen not to play by its cation system. It represents an ambi- implement them. Taking him at his own rules and has instead reneged on tious Federal effort to dramatically re- word, this body took up and enacted the promises it made to teachers, par- vitalize public education by closing the the No Child Left Behind Act two years ents and millions of poor school chil- achievement gap, making sure every ago. Yet here we are, only 2 years dren across the Nation. classroom has a qualified teacher, and later, and No child Left Behind is being For a third year running, this admin- giving parents and students adequate underfunded by $8.6 billion. istration has shortchanged the reforms choices to ensure that their children When we passed the No Child Left Be- included in No Child Left Behind. In- receive a quality education. Adequate hind Act we pledged to expect more, stead of helping ensure these children funding, however, is essential in order and provide more, to our Nation’s are not left behind, this administration to give our public schools the support schools. And yet this pledge is not re- has had a clear record of promising and resources they need to implement flected in this budget. I have to ask, false hopes and of cutting resources the act, and to meet the goals em- how do my Republican colleagues and targeted towards improving edu- bodied therein. the administration, expect us to raise cational opportunities for all children. The amendment before us will ensure test scores, provide high quality teach- This Democratic amendment ensures that the budget resolution fully funds ers and prepare students for the 21st the President and the Republicans in the No Child Left Behind Act at its au- century without the funds to do so? Congress live up to their commitments thorized level. We have all heard com- Furthermore, who is it that they ex- to fully fund programs like Title I, plaints with this law; the predominant pect to feel the burden of these cuts? I English Language Acquisition, literacy one being that it is another unfunded can tell you who it will be. programs, after school and rural edu- Federal mandate. Schools across the First, it will be the States. States cation and that is why I am proud to Nation are struggling to meet the re- that need every dollar possible to do cosponsor it. quirements of the law. However, they more than they have ever been asked We all know that there is no greater have been shortchanged by this Presi- to do before. States that are experi- path to opportunity than education. dent, and they are being shortchanged encing the worst fiscal crisis in dec- Unless we fully fund No Child Left Be- again by the budget resolution before ades. Second, it will be the localities. hind, millions of needy students will be us—shortchanged to the tune of $8.6 With less funds to do more, hard deci- denied the opportunity to achieve the billion. How can we expect our schools sions will have to be made at the local American dream to embrace the act when their hands level. Should local taxes be raised? I have visited schools across the are tied by lack of funding? This issue Should music and art be cut? Should great state of New York and I know has become so pronounced that 18 after school programs be eliminated? firsthand that our school districts are States have considered a resolution Should physical education classes be doing their part to help students learn that would grant them a waiver from cut in the midst of a childhood obesity at higher levels. Yet they continue to the law. I urge my colleagues to adopt epidemic? Ultimately, the students struggle with critical funding short- this amendment to assure our school will suffer. They will not be given the ages to fully serve all children in need. systems will receive the funding levels teachers that they need. They may not The Murray-Kennedy amendment they were promised when the law was get the tutoring that they were prom- would help ensure that 4.6 million chil- enacted. ised. Music, art and foreign language dren get the quality education they This amendment will signal to our may no longer be a part of the cur- need and deserve. For New York, this schools and school districts that we riculum. After school programs could funding will help close the $765.7 mil- will meet our end of the bargain, in be cut. lion gap in Title I funding between the order to make public education in this When we passed No Child Left Be- funding proposed in the Republican country first class for every child in hind, we made it clear that we were ex- budget and the amount that was prom- America. It will signal to our State and pecting more from our schools—and ised to my state when we passed No local education leaders that we will rightfully so. We were expecting more Child Left Behind. With these re- stand behind our commitment to them, so that American children—all Amer- sources, New York schools could de- and give them the support they want ican children—children in the suburbs, crease class sizes for 834,117 students, and need to do their job for our chil- children in our inner cities, children in expand preschool to 105,689 eligible dren. The $8.6 billion being allocated by our rural areas—would have real oppor- children and certify 102,740 teachers. this amendment can be used to ensure tunities to reach their full potential. The more we hold off on funding that we have highly qualified teachers This past September, some Con- these reforms, the more it will cost in our classrooms, provide additional necticut students went back to schools school districts to meet the require- afterschool programs, send resources to that were labeled under performing by ments to increase test scores and the schools identified as ‘‘in need of im- No Child Left Behind. And yet this numbers of highly-qualified teachers. provement,’’ supply tutoring and sup- budget is not committed to helping That is why we are falling further be- plemental services, and give students them overcome that label. This bill hind every year we fail to live up to specialized instruction in reading and will not give them the added funds that commitment. mathematics. It can also be used to le- they need to fully perform. I strongly urge my colleagues to sup- verage additional State and local re- If we fail to adequately fund No Child port the Murray-Kennedy amendment. sources for public education in this Left Behind, our States, our localities, Mr. LIEBERMAN. Madam President, country. Finally, I would like to point our school districts, local taxpayers, I rise as a cosponsor to express my sup- out that not only does this amendment and most importantly, our children, port for the amendment offered by my pay for itself, but it also dedicates an

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.119 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2487 additional $8.6 billion for deficit reduc- that our children’s future depends on Last year, Congress appropriated $1 bil- tion. their education. And the quality of lion for a program called the Millen- I commend the Senators from Wash- their education depends on our teach- nium Challenge Account, a brand new ington and Massachusetts for offering ers. Strong schools and quality teach- foreign policy program proposed by the this amendment as an investment in ers are the President’s priorities,’’ administration. The President de- our Nation’s future. I am proud to be a Laura Bush said on the First Anniver- manded $1 billion and he got a full bil- cosponsor. Our schools and students sary of the Passage of NCLB. lion. Same was true for the tax pack- need adequate resources to meet the Yet, what they do to fulfill the prom- age in 2003. Congress authorized the high expectations that have been ise of a qualified teacher in every class- passage of a $350 billion tax cut and we placed upon them. I urge my colleagues room is a different matter. In this spent all $350 billion. Medicare, the to support this amendment. year’s budget, President Bush proposes Iraq Supplemental, the Compassion Mr. LANDRIEU. Madam President, I to cut funding for Troops to Teachers Capital Fund, the list goes on and on. rise today in support of Senator MUR- and freezes funding for grants to States The Secretary of Education claims RAY’s amendment that, put simply, to improve teacher quality. What this that the reason for the decreased finan- proposes to close unfair tax loopholes means is that States like my own, are cial support from the administration is and use the funding closing them faced with the congressionally man- because States have too much money brings to fulfill the promises we made dated challenge of closing the gap in and are not even spending what they to the parents, teachers, principals, su- the number of qualified teachers, and already have. In the words of Ted perintendents and, most importantly, have had to try and meet this chal- Stilwill, the school chief from Iowa, our children. For the past hour, my lenge with approximately $100 million ‘‘The implication that [States] have let colleagues from across the aisle have less than they were promised. huge sums of federal money languish tried to put a different spin on this The administration maintains that that the funds are at our disposal to amendment, claiming that it raises their goal is to improve public schools. use at our discretion, or that we have taxes to cover increased spending. That In fact, in January of 2001, President not been good stewards of the public’s is what they would like the American Bush made the following promise: money is not only unfair, but patently public to believe because then their op- ‘‘Once failing schools are identified, we insulting.’’ Here are the facts: Accord- position to it is easier for them to ex- will help them improve. We’ll help ing to data from the U.S. Department plain. But the fact of the matter is, the them help themselves. Our goal is to of Education, States are actually underlying budget resolution now be- improve public education. We want spending their federal money faster fore us already proposes that we close success, and when schools are willing than expected. As of February 20, using these very same tax loopholes, the only to accept the reality that the account- normal spending rates, States should difference is that under this budget the ability system points out and are will- still be waiting to spend about 7 per- revenue generated would be used to pay ing to change, we will help them.’’ If cent of their Federal education money for new tax cuts for corporations and this is not a promise, I am not sure from fiscal years 2000 to 2002. As a mat- millionaires. So it seems what we have what is. States like Louisiana believed ter of fact, States have spent all but 6 here is a difference in priorities. Demo- in this promise and they believe in ac- percent. crats are against tax evasion and for countability. For the past 4 years they What our kids need is less excuse investments in education and Repub- have been working hard to identify making, fewer empty promises, and licans are against tax evasion and for schools that were failing and turn more leadership. In the words of Presi- tax cuts for those who do not need them around. They have done such an dent Bush himself, ‘‘The time for ex- them. That is a choice I will leave to outstanding job that they were just cuse making has come to an end Ac- the American people come this Novem- recognized by Education Week for hav- countability for results is the law of ber. ing one of the best accountability sys- the land.’’ Two years ago, we challenged our tems in the country. I would like to close my remarks this schools to reject mediocrity and failure Is President Bush fulfilling his prom- morning with one final Presidential and to embrace excellence and high ise to support and encourage these ef- quote. ‘‘We possess all the resources standards. We laid out legislation that forts? No. He is pulling the plug just and all the talents necessary. But the provided a blue print for reform and we when they need help the most. This facts of the matter are that we have promised we would be there every step year’s increase in education, which has never made the national decisions or of the way, in partnership, to bring been shrinking a little more every year marshaled the national resources for about change in our public schools. I since Bush took office, is the smallest such leadership. We have never speci- was one of the 13 Members of the U.S. increase in education spending in 7 fied long-range goals on an urgent time Senate who advocated for the kind of years. What’s worse, is that according schedule, or managed our resources and change embodied by the No Child Left to his budget, next year, not coinciden- our time so as to insure their fulfill- Behind Act long before it became a tally a year after the election, edu- ment . . . Let it be clear that I am ask- part of President Bush’s political plat- cation funding will be cut by $1.5 bil- ing the Congress and the country to ac- form. I believe in the potential of this lion. cept a firm commitment to a new law, its founding principles, and the di- Our schools need more than lip serv- course of action—a course which will rection it leads our Nation. It is by no ice and empty promises, they need last for many years and carry very means a perfect law. No law, in the his- help. Now, I have asked the President heavy costs . . . [but] if we were to go tory of Federal involvement in edu- and my Republican colleagues, why the only halfway, or reduce our sights in cation, has ever been perfect on the President would not provide States the face of difficulty, it would be better first try. But that does not mean we with the resources he promised would not to go at all.’’ must abandon it and go back to the be available to support their efforts. Many of you may be saying to your- drawing board. What we must do is Here is what they tell me. They say, selves sounds like something President come together to both fund it and fix ‘‘Senator LANDRIEU, the President did George Bush said when he urged Con- it. not make any promises when it comes gress to pass the No Child Left Behind As the old saying goes, ‘‘talk is to funding, the funding levels listed in Act, perhaps the most sweeping reform cheap.’’ Unfortunately, this adminis- the law are just goals. Congress never of Federal education policy since 1965. tration does pays a great deal of lip appropriates as much as they author- But you would be wrong. This was from service to principles such as account- ize.’’ a speech given by another President ability, teacher quality, innovation I think it is important for the Amer- making a historic challenge to the Na- and school choice, but are not willing ican people to be able to separate fact tion. This is an excerpt from the fa- to do a whole lot to be sure that these from fiction. Let me tell you what the mous ‘‘Man on the Moon Speech’’ deliv- principles are reflected in the budget. facts are on this point. When a pro- ered by President John F. Kennedy. For example, this administration says gram is a high enough priority for the In 1961, President Kennedy presented the following when it comes to the im- President, you can bet it will be fund- a bold challenge to Congress and the portance of teacher quality. ‘‘We know ed. Let me give you some examples. Nation: to reach for the stars, to put a

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.149 S10PT1 S2488 CONGRESSIONAL RECORD — SENATE March 10, 2004 man on the moon within the next dec- something Democrats want Congress to What that Senator wants us to hear ade. Most thought he was over ambi- accomplish, but with almost no Repub- is we have not appropriated what some- tious, perhaps even crazy. It was such a lican support. The Senate Finance body thought we ought to appropriate, large task, it could never be done. Put Committee cannot function under that which we seldom do anyway. I am well a man on the moon in less than 10 sort of partisanship. We have to get aware of that. I am well aware of prom- years? In June on 1969, 8 years and 1 things done in a bipartisan way. If peo- ises that were made by an administra- month after this speech, Neil Arm- ple who offer amendments to the budg- tion on education expenditures, maybe strong and Buzz Aldren landed on the et expect their amendments to be in the first year of this administration, moon and Neil Armstrong uttered the adopted, it starts with bipartisanship. I but what I have not heard from the immortal phrase, ‘‘one small step for have not seen that in very many of the other side of the aisle is, they decide man, one giant leap for mankind.’’ amendments we have had thus far. I how money ought to be divided, is what The difference is that President Ken- guarantee, nothing will be done by the happened on September 11 and the war nedy was not only willing to make the Senate Finance Committee in a strict- on terror and how that changes every- challenge. He was willing to stand ly partisan way. That is a dead end. thing. How has that changed every- strong and provide the leadership and That is an alley with no opening. We thing? the resources necessary to meet it. In have to report a bipartisan bill if we You put your resources behind the 1961, all tolled, the United States was expect to get it through the Senate. men and women in battle. You put spending $1.6 billion, the equivalent of The other thing I want my colleagues your resources behind winning a war. $8.7 billion today on space programs. to understand, and why they should That has caused the President of the By 1966, just 5 years later, we were vote against this amendment, is it as- United States and the Congress, in spending $7 billion, which is close to sumes gaining certain revenue from turn, to divert some money from do- $30 billion in today’s dollars. But it was loophole closings. I can tell you of tens mestic expenditures to the war on ter- more than just money, he provided the of billions of dollars we are going to ror, to the Defense Department, and to leadership and the support. He made get from closing loopholes, but we are homeland security. That is what is dif- commitments and he stood by them. doing that because of the responsibility ferent now from the time when people This program was more than his speech of the Senate Finance Committee, first thought this administration made cer- for the day, it was a top priority. And of all, has to have a fair Tax Code, and tain promises on a lot of Federal pro- it worked. History may have been very secondly because we have the obliga- grams, not just education. different if it hadn’t. tion, if we are going to make tax It seems to me a responsibility we In the words of the late President changes, to have those offset. Without have when we overwhelmingly pass a Kennedy, ‘‘if we were to go only half- revenue neutrality we do not have bi- resolution for war that, if we are going way, or reduce our sights in the face of partisanship, and without bipartisan- to put our men and women on the bat- difficulty, it would be better not to go ship nothing is going to get through tlefield, you have to give them all the at all.’’ We made a promise to our the Senate. resources it takes to win that effort. If States, more importantly, to our chil- A lot of very popular tax provisions you do not, you should not be going to dren. The Murray amendment fulfills Democrats or Republicans expect me to war. get passed before this year is out, like that promise, it stays the course and Now, those who voted against that the marriage penalty, like the $1,000 that is why I am proud to support it. resolution may have the privilege of tax credit for children, and the 10-per- The PRESIDING OFFICER. The Sen- voting against funding our men and cent bracket so we can help low-in- ator from Iowa. women in the battlefield, but it seems Mr. GRASSLEY. I yield myself such come people pay less tax because they to me, regardless of whether you voted time as I might consume off the 18 need that money themselves to live for the war resolution or not, you have minutes remaining on this side. rather than sending it to us to spend— a responsibility to stand behind our Madam President, once again I re- both Democrats and Republicans ex- men and women. mind the Senate about some of the pect me to get that passed. We are That is what has changed between issues that face the Senate Committee going to use the revenue from the loop- promises being made on education and on Finance which I chair and how cer- hole closings to fund those provisions. today. There has been a diversion of tain assumptions being made by some We cannot have that money spent on money. But even considering all that, of the amenders of the budget resolu- appropriated accounts. It has to be this administration, on the present tion might be affected by that or how used to offset this social and economic budget and on previous budgets, has their decisions might affect decisions policy that is involved in doing away put education No. 1, after the war on we have to make. with the marriage penalty—the $1,000 terror—including Afghanistan and First of all, there is the general prop- child credit and the 10-percent bracket, Iraq—and after homeland security, be- osition with all budgets and all amend- and even in addition to that, maybe, cause education is the domestic pro- ments that pretend to dictate to com- finding some bipartisan solution to gram that gets the biggest increase in mittees where they ought to get the bringing finality to what the estate tax expenditures over anything else. money or what legislation they ought ought to be in America as opposed to to pass. This is just a recommendation what it is now or what it will be in 2011 With that in mind, I ask that we de- that has no force of law. It can be en- when we go back to just the $1 million feat this amendment. I ask that it be tirely ignored by any of the commit- exemption. defeated because the revenue sup- tees, including the Committee on Fi- Those are things we are going to do. posedly being used is the revenue we nance. So when there is a premise cer- Obviously, we ought to close these tax are going to use to make the Tax Code tain loopholes ought to be closed, cer- loopholes and shelters because they are more fair to implement the social and tain tax rate changes ought to be made unfair. Some of them are outright economic policy we have that we call to affect upper income limit people, schemes for corporations to avoid tax- doing away with the marriage penalty, the people voting on this amendment ation. However, we cannot use that helping families, by keeping the $1,000 and similar amendments ought to un- money twice. It will be used once. It child credit, and helping low-income derstand they are voting on numbers will be used by our economy to estab- people to pay less tax and to have more they are giving us, nothing else, be- lish a fair tax policy. money in their pockets so they can cause we will have to make those deci- In addition to that, and unrelated to support their families to a greater ex- sions not just on the substance of the my position on the Senate Finance tent. dictates of the budget resolution but Committee, how I react to the debate I yield the floor. also on the responsibility to report a we have had thus far on this amend- The PRESIDING OFFICER (Mr. bipartisan bill. ment—particularly when I hear some CHAMBLISS). Who yields time? We will have yesterday, today, and Senators on the other side say some- The Senator from North Dakota. much more tomorrow, a whole series of thing like this: Don’t tell me we have Mr. CONRAD. Mr. President, I ask amendments coming from the Demo- increased education spending by 60 per- the Senator, could I have 2 minutes off crat side of the aisle, trying to dictate cent, because I know that. the amendment?

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.179 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2489 Mrs. MURRAY. Mr. President, I I thank the Chair and yield the floor. tary victory and national security, and would be delighted to give the Senator The PRESIDING OFFICER. The Sen- we have provided the money necessary from North Dakota 2 minutes. ator’s time has expired. to succeed, because that is what is im- The PRESIDING OFFICER. The Sen- Who yields time? portant, that we succeed at these most ator from North Dakota is recognized Mrs. MURRAY. I thank the Senator important goals we set for our Nation. for 2 minutes. from North Dakota for that clarifica- Now, we have also increased the Fed- Mr. CONRAD. Mr. President, we have tion. eral deficit enormously to do so. We heard a lot of talk that the amendment Mr. President, I yield 10 minutes to cut taxes very significantly, especially of the Senator from Washington raises the Senator from Minnesota. for the wealthiest people in this coun- taxes. Well, it does not raise taxes on The PRESIDING OFFICER. The Sen- try. People whose annual income is anybody except those who are engaged ator from Minnesota is recognized for greater than $1 million are receiving, in the abuse of tax loopholes. Because 10 minutes. this year, on average, a tax reduction that is what the amendment of the Mr. DAYTON. Mr. President, I com- of $113,000. It has not bothered the ma- Senator from Washington provides: mend my colleague, the Senator from jority enough to make any of those ad- that tax loopholes are closed in the Washington, for her amendment, along justments. amount of $8.6 billion. with Senator KENNEDY, and for her When I hear these concerns expressed All this talk about middle-class tax dedicated and lifelong efforts to im- about these onerous tax burdens that relief has nothing to do with this prove the quality of education for all of are imposed on the superrich, the amendment—nothing. She is not talk- our Nation’s children. She has been a multimillionaires and billionaires of ing about, in any way, affecting the 10- pioneer and a champion in the Senate, America, or the large corporations that percent bracket or the childcare credit, as she has been in her career as an edu- Senator CONRAD pointed out are not or any of the other middle-class provi- cator. She knows whereof she speaks. paying their fair share of taxes, not sions—not at all. Once again, we are encountering the paying the percentage of their taxes The Senator from Wyoming indicated same old arguments from the other owed as our small business owners pay, this is going to increase taxes on peo- side of the aisle. Personally, I am tired then I must say, I think some of that is ple, on small businesspeople, on mid- of going back to 1993 or 1994 to try to crocodile tears. dle-class taxpayers. It is not. It is explain or excuse what it is we are With all deference to the chairman of aimed at tax loopholes. doing or not doing right now for edu- the Senate Finance Committee, whom Let’s talk about the type of tax loop- cation in this country. I want us to do I admire enormously and who has dealt holes that one might consider. There is what is right for now, to respond to the with these matters, as somebody who now, across the land, a scam going on needs that exist now. I have said it in comes from—or at least before I got of enormous proportion. New York has other debates on education funding, mixed up in politics—the category of sold their subway system to a group of and I will say it again: If President private investors, and then they turn the wealthy, I would be glad to sit Bush proposed more money than Presi- around to lease it back, and the private down with him and go through it to dent Clinton, then President Bush de- investors get to depreciate the New discover how easily we can find the serves that credit, in my eyes. If the York City subway system. New Jersey money to pay for what he said he wants sold off their sewer system to private 108th and the 107th Congresses provided to do on taxes and what Senator MUR- investors, which then depreciate the more money for education than pre- RAY is proposing to do on education. It sewer system and then get away with a vious Congresses, and more than Presi- is not an either/or. dramatic reduction in their taxes. dent Bush has proposed at times, then Nobody on this side wants to jeop- These are scams. this Congress deserves that credit, in ardize the increase in the child tax The administration, to its credit, has my eyes. credit which was passed with over- said we ought to close these loopholes. But we are not doing this for our- whelming bipartisan support. In fact, it They think it will raise $33 billion. The selves. We are not trying to keep some was originally a recommendation from amendment of the Senator from Wash- scorecard. We are not trying to fiddle this side of the aisle, but it has bipar- ington is $8.6 billion to keep the prom- around with percentages or other tisan support. The same with elimi- ise of No Child Left Behind—no tax in- things. We are doing this for America’s nating the marriage penalty and ex- crease, an end to scams. children. panding the 10-percent bracket. We are It does not end there. The Joint Tax The important question we ought to not going to do one thing to affect Committee did a thorough analysis of all be asking ourselves is, Are we doing those extensions. the Enron scandal and found a series of enough? Are we providing the money This is about education. Somehow abuses that could be closed which needed to do what we all said should be that is treated differently by the other would save billions of dollars in closing done to leave no child behind? side. We can’t close any of the tax loop- tax loopholes—no tax increase but That is this President’s proclama- holes. We can’t allow the millionaires stopping the scams. tion. He set that standard for us and or billionaires to escape one penny of And it does not end there. We have for the country. That is the law we taxes they owe. We can’t increase the the spectacle of certain companies and passed. It is a great standard. It is an deficit. Once again: Gee, we can’t find certain wealthy Americans renouncing important standard, and we all seem to the money we need for education. their U.S. citizenship—Mr. President, I agree that should be the standard. So We are also told there is extra, un- ask for 30 seconds more, if I could. the question we need to ask ourselves used money in the Federal pipeline Mrs. MURRAY. Mr. President, I yield is, Are we budgeting the money nec- going to State and local governments 30 seconds to the Senator. essary to achieve that result? for public schools. I have heard that in The PRESIDING OFFICER. The Sen- When the Pentagon and Joint Chiefs the years I have been here: Head Start ator is recognized for an additional 30 of Staff have said they needed more has positions for kids that are unfilled seconds. money to win the wars in Afghanistan because there isn’t a need or demand. Mr. CONRAD. We have the spectacle and Iraq, we have provided that money, Special education has more money of certain wealthy individuals and with bipartisan support, overwhelm- than they know what to do with. For major corporations renouncing their ingly. No Child Left Behind, there is more U.S. citizenship to avoid U.S. taxes. When the President and Secretary than enough money being provided. Closing down that loophole saves $3 bil- Ridge have said they needed more When I tell this to educators and lion. money to protect our homeland, to pro- school board members and others in Now, if anybody wants to vote vide protection and safety for all our Minnesota who are involved with edu- against closing loopholes, let them citizens, we have done so on a bipar- cation, they think I am joking. They vote against the amendment of the tisan basis. Some of us, including Sen- think Congress must be seriously out Senator from Washington. She is clos- ator MURRAY, has urged we do more. of touch with reality. Where is this ing those loopholes in order to fund our We have set the objectives in the pipeline, they ask, and if some States kids’ education. That is exactly what Congress along with the administra- have more money than they need or we ought to do. tion. We defined the standards of mili- know what to do with, would they

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.059 S10PT1 S2490 CONGRESSIONAL RECORD — SENATE March 10, 2004 please send it on to Minnesota. I doubt Let’s tell school boards: Yes, you Mrs. MURRAY. And our side has 8 my State is alone because all the na- keep on raising local property taxes in minutes. tional organizations involved in these order to make up for what the Federal The PRESIDING OFFICER. Seven matters have said for years, Head Start Government has promised but isn’t and a half minutes now. is being funded about half for the kids providing. Then let’s have the honesty Mrs. MURRAY. I was inquiring how who are eligible. to tell the children, the future of much time the Senator from New Again, Congress set these standards America: Sorry, you are not important Hampshire intended to use, or if he years ago. Congress defined what the enough. wanted to go now. eligibility was for these programs. We I can only speak for Minnesota, but Mr. GREGG. How much time does the are not making these numbers up out in my State schools are cutting class- Senator need to close? of whole cloth. We are supposed to be es, opportunities. They are laying off Mrs. MURRAY. I would like 5 min- setting the measure of what qualifies a teachers. Class sizes are increasing; utes. child for Head Start, the kids who need sports and extra curricular activities Mr. GREGG. I have no problem hav- it. are being cut back. You have to pay a ing the Senator close now and we can Almost 30 years ago the Federal Gov- special fee just to be a student. We go to a vote. ernment promised to pay for 40 percent know here in Washington that money I am sorry. I can’t do that. I guess I of the cost of special education. It is is needed and should be spent and will speak for about 8 minutes and then less than half of that today. President would be spent, but, sorry, we are not yield to the Senator. Bush has increased it. This Congress going to provide it. We have other, The PRESIDING OFFICER. The Sen- has increased it every year. Still it is more important priorities. ator from New Hampshire is recog- less than half. So the question is not That is what the Murray amendment nized. what is the percentage; the question is, is about. It is a moment of truth for Mr. GREGG. Mr. President, it has this body, the Senate. Do we mean are we keeping a promise we made al- been a good debate. It certainly has what we say, no child should be left be- most 30 years ago. At least in Min- outlined the issues involved. I want to hind? Do we mean it? Are we willing to nesota, when it is not being met, it has reemphasize some points made by the fund that as we funded other important to be met, in most cases, with higher chairman of the Finance Committee national priorities, or is it not impor- property taxes or cutbacks in the qual- who spoke about how the $17.2 billion tant enough in the scheme of things to of tax increases in this amendment ity of education for all students. do what we promised to do? Title I, again, is seriously under- work. It is the only real part of this Senator MURRAY has given this Sen- funded and has been for years. In Min- ate, before the eyes of the Nation, this amendment. The amendment represents it is nesota’s case, less than half the stu- moment of truth. What are our prior- dents are eligible by the Federal defini- ities? Do we keep our promises? Do we going to take this tax increase and use tion of what qualifies the child in pov- do what we know should be done and it to fund No Child Left Behind at the erty, with all those disadvantages, for say must be done, and what every child fully authorized level. It can’t do that title I funding, the additional funding in America deserves to have done, for parliamentary reasons. It is unable that is supposed to give that child the which is provide the funding necessary to make that clear event within the chance he or she deserves and certainly for quality education to leave no child amendment. is now entitled to by law under the behind? The only clear event within the President’s initiative—less than half of I thank the Senator from Wash- amendment that does actually occur is those students in Minnesota, and we ington. there is a $17.2 billion increase in taxes. are going to lose money under the new The PRESIDING OFFICER. The Sen- The point which the chairman of the formula. ator from Washington. Finance Committee made, and which I In all these major areas of Federal Mrs. MURRAY. Mr. President, I think needs to be reemphasized, is Government responsibility for the edu- thank the Senator from Minnesota and those dollars could easily, if they are cation of our children, we have been all of our Democratic colleagues who raised in this manner, end up signifi- providing far less than enough, far less have spoken. When the Senator from cantly impacting our ability to allow than our own laws and our own state- Minnesota was speaking, I couldn’t people who are now benefiting from no ments of intent have called for. I don’t help but think of someone he remem- longer having to pay the marriage pen- know whose fault it is. I don’t think bers well. During the whole debate of alty; those folks could end up paying that is relevant. I know whose respon- No Child Left Behind, Senator Paul the marriage penalty because we won’t sibility it is today. That is what mat- Wellstone, who was on the floor during be able to extend the relief from the ters. It is our responsibility. It is our that debate saying: We are giving a marriage penalty tax. responsibility to provide the funds nec- promise I don’t believe we are going to If taxes are raised under this bill, essary to fulfill our part of the bargain keep. Everyone assured him: No, no, we those dollars could easily absorb the with States and local governments and will put this accountability in place. money intended to be used for the pur- school boards and the schools and, We will fund this. pose of addressing the issue of the child most importantly, with the children of The Senator from Minnesota speaks tax credit, which is a $1,000 tax credit. from his heart, as I know Senator America. If we are not willing to do The extension of that might well be Wellstone would have admired him for, that, then let’s change the law. impacted. Those dollars, if this tax is In Minnesota we have laws against in reminding all of us what is hap- put in place, could potentially impact pening to our children and to our consumer fraud. I would say if we don’t the ability of this committee to fi- schools because we haven’t kept the address these funding shortfalls, to call nance the continuation of the expan- promise all of us said we would keep this No Child Left Behind violates the sion of the 10-percent bracket for low- when the debate took place several spirit at least of that law. If we are not income Americans so they have to pay years ago. going to do more than we are doing How much time remains on both less burden. Why is that? He made the now, let’s at least have the honesty to sides? point, and I thought rather well, that tell the truth to the American people. The PRESIDING OFFICER. The Sen- that is because he intends to use the We didn’t mean it. It sounds good; ator from Washington has 8 minutes, alleged loopholes recited here by my great slogan, but, sorry, it is not and the Senator from New Hampshire colleagues, which loopholes should le- enough of a priority for us. has 8 minutes 33 seconds. gitimately be closed. Tell the States: You come up with Mrs. MURRAY. Mr. President, let me There is no reason people should be the money for these unfunded man- ask my colleague from New Hampshire selling and leasing back the subway dates, for the additional part of special if he intends to use any more time on system of New York, and the President education, which in Minnesota costs their side. I have a few more minutes I supports making sure that loophole is our schools about $250 million a year, would like to speak. closed. He intends to use that revenue real money. No pipeline I am aware of The PRESIDING OFFICER. The Sen- in order to fund the ability of people to can come up with that kind of money ator from New Hampshire has 8 min- get a child tax credit of $1,000, to avoid the schools in Minnesota need. utes 33 seconds remaining. having to pay a penalty because they

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.061 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2491 get married, and to assist in expanding of getting a bipartisan bill out of com- what is owed and what is being paid— the 10-percent bracket. mittee to do it. I think the Senator was $255 billion for 2001 alone. Let me As he makes the point, rather legiti- from North Dakota spoke very well repeat that. The tax gap—the dif- mately, if the dollars are siphoned off about some of the problems we have ference between what is owed and what from those loophole closures that are with corporations and schemers and is being paid—is $255 billion for 2001 planned under the budget, put in place, scammers using the Tax Code to avoid alone. There is plenty of money to be and are already in place and accepted taxation, by ridiculous things like leas- raised in tax loophole closings and the as part of this budget, if those dollars ing a subway for a city in the United end of tax scams and the end of the tax are siphoned off and end up flowing States, where there is no risk or eco- gap to fully fund the amendment of the pursuant to this amendment into a re- nomic substance to the process. We Senator from Washington and the mid- serve account, he won’t have the dol- want to close those loopholes. dle-class tax relief all of us want to see lars available to him as chairman of I thought I ought to bring to the at- continue. the committee to accomplish those tax tention of the Senate one of the bipar- The PRESIDING OFFICER. The Sen- relief efforts. tisan bills out of committee that was ator from Washington is recognized. We are playing with some serious fire using some of those loophole closings. Mrs. MURRAY. Mr. President, I here. Basically, the risk of this amend- They definitely have an impact upon know we are going to have a vote in a ment is, No. 1, raising taxes $17.2 bil- some major industries and jobs in this few minutes. I will wrap up a few lion over what we need to do; but No. 2, country where they are going to be things. There has been a lot of stuff it puts at risk the ability of the chair- hurt, because the World Trade Organi- strewn across the floor about this. We man to address the use of the taxes zation has ruled contrary to our trade need to remember what this amend- that have been put in place in this agreements, the foreign sales corpora- ment is all about. It is about keeping a budget through loophole closings to tion, and the extraterritorial income commitment all of us made when we jeopardize the use of those taxes for provisions we have had to make to voted to pass No Child Left Behind. the purpose of addressing the marriage make our business competitive with We told our schools, essentially our tax penalty, the child tax credit, and European business. Since that is ruled children, our communities, our fami- the 10-percent bracket. A very impor- out, a lot of jobs in major corpora- lies across this Nation that we were tant point. tions—Microsoft and Boeing, to name a going to put in place accountability; Secondly, this amendment represents couple—are going to be hurt and be un- that we wanted our students to learn, the goal is to fully fund No Child Left competitive because of that. we wanted them to achieve, and we Behind at the authorized level. I be- We are taking some of the loophole wanted them to be able to go on and lieve we have discussed this at some closing money that is available to off- get the skills they needed to be out in length, but I think it is worth empha- set the revenue, to reduce corporate the job market. sizing again. Authorization numbers tax from 35 down to 32, so our busi- The Senator from Iowa talked about are guideposts. Rarely, as a Congress, nesses can be competitive. We can save Microsoft and Boeing and making sure have we met authorization numbers. jobs at Microsoft and Boeing which we can be competitive. The best thing The proof is in the pudding. would otherwise be uncompetitive as a for Microsoft and Boeing to be com- The last time the Congress was con- result of the foreign World Trade Orga- petitive is to have an educated work- trolled by the Democratic Party and nization ruling. force of young people who have the there was a Democratic President, title I don’t want the Senate Finance skills they need to come in and do the I was not funded to the full authoriza- Committee’s hands to be tied by a kinds of jobs to be competitive in an tion level. It was funded significantly scheme that thinks this money can be international marketplace. below the authorized level. In fact, this used four or five times and can be spent When we passed the No Child Left Be- President’s commitment to funding on domestic programs, when we have hind Act, we said we were going to put education has dramatically outstripped to have this money to offset very im- those standards out there, but that was the prior President’s commitment or portant tax provisions we want to get a two-pronged promise, and the other actions in this area. I am sure he had a passed. Saving jobs through this JOBS promise was to fully fund No Child Left commitment, but he wasn’t able to find bill that was before the Senate last Behind. the dollars. week, and will be up again in 2 weeks, I have been amazed, sitting on the This President has made a huge com- is an ideal place to use that revenue. floor all morning listening to the other mitment in the area of funding edu- I yield the floor. side say: We never intended to fully cation, and the dollar increase has been The PRESIDING OFFICER. The Sen- fund No Child Left Behind. I am a billion dollars a year every year—a ator from Washington is recognized. shocked. I thought during the debate billion, billion, billion, billion—cumu- Mrs. MURRAY. Mr. President, I yield we had an agreement that we would lative billions for the special education a minute to the Senator from North have accountability and that we would accounts, and a billion and a half to a Dakota. have funding. Now to come back 2 billion cumulatively for title I and for The PRESIDING OFFICER. The Sen- years later and say, We never intended No Child Left Behind. ator from North Dakota is recognized to fully fund this act, what kind of I see the chairman of the Finance for 1 minute. promise is that to our children? We are Committee. I was trying to restate, Mr. CONRAD. Mr. President, let me going to make you take tests and meet probably nowhere near as well as the just say the amendment of the Senator standards, and every year we are going chairman can, the effect of this $17.2 from Washington does nothing to raise to increase those standards and we ex- billion credit on his ability to do the taxes on middle-class taxpayers, on pect you to live up to it. But here in extenders, which are so important to wealthy taxpayers, on anybody but Congress we can get behind some kind low-income families and married peo- people who are engaged in tax scams of statement that we never intended to ple and people with children. and tax dodges, because her proposal is fully fund it? That doesn’t fly in my I yield the remainder of our time to to close tax loopholes to the tune of $17 home. the chairman. billion. I think it is imperative that we face The PRESIDING OFFICER. The Sen- As we look in the budget, there is a the American people and tell them that ator from Iowa is recognized for 3 min- relatively modest amount of money when we in the Senate make commit- utes. being raised to close tax loopholes. We ments, we mean it. When we make a Mr. GRASSLEY. I thank the Chair know there are tens of billions of dol- promise to fund education, to make and I thank the Senator from New lars, according to the administration, sure our students have the skills they Hampshire for his great leadership in in potential tax loopholes that could be need, and they can meet those account- dealing with education. closed. ability requirements, we keep it. That I spoke about the necessity of the Fi- In addition, let me say to my col- is what this amendment is about. It is nance Committee having the freedom leagues I met with the revenue com- as simple and as clear as that. to use revenue we can raise by closing missioner 2 weeks ago, who tells me I heard those on the other side argue these tax loopholes, and the necessity the tax gap—the difference between that this is not a real amendment. I

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.064 S10PT1 S2492 CONGRESSIONAL RECORD — SENATE March 10, 2004 heard them say that it just sets up lan- The bill clerk called the roll. arama. I think that is demeaning to guage. The language that I use in this Mr. REID. I announce that the Sen- the Senate. amendment is the exact language that ator from South Dakota (Mr. JOHNSON) I have discussed this with my col- the other side has in the budget to set and the Senator from Massachusetts league, Senator CONRAD. We are willing up a reserve fund for transportation, to (Mr. KERRY) are necessarily absent. to consider more amendments with set up a reserve fund for Iraq and Af- I further announce that, if present time agreements, have a shorter debate ghanistan funding, to set up a reserve and voting, the Senator from Massa- time, and try to dispose of amendments fund for fire suppression. Are those not chusetts (Mr. KERRY) would vote so we can avoid the necessity of being real, either? If those are not real, then ‘‘yea.’’ here very late Wednesday, Thursday, I accept the argument that mine is not The PRESIDING OFFICER (Mr. Friday, and/or Saturday. We are going real. But if they want to stand out here SUNUNU). Are there any other Senators to complete the bill. But let us try to and say we are fighting for fire sup- in the Chamber desiring to vote? cooperate, Democrats and Republicans, pression, that their budget covers Iraq The result was announced—yeas 46, proponents and opponents. We all have and Afghanistan, that their budget nays 52, as follows: various issues on these amendments, covers transportation, then this [Rollcall Vote No. 35 Leg.] but we are going to have to move amendment covers the No Child Left YEAS—46 quickly. That last rollcall vote was 25 Behind funding. Akaka Dorgan Lieberman or 26 minutes. The time limit is 15. I This amendment is real. It is exactly Baucus Durbin Lincoln expect to be calling for regular order real. No one can hide behind the fact it Bayh Edwards Mikulski shortly after 15 minutes. We have three Biden Feingold Murray is not real. It is real to every child in Bingaman Feinstein Nelson (FL) or four very significant amendments every classroom across this country. Boxer Graham (FL) Nelson (NE) that will be coming up. Senator BYRD, There is a revolt going on in this Breaux Harkin Pryor I believe, is going to offer an amend- Byrd Hollings Reed country. Any Senator who has been Cantwell Inouye ment dealing with striking reconcili- Reid home and been in a school knows it. Carper Jeffords ation. I believe Senator STEVENS and Rockefeller Clinton Kennedy Any Senator who has talked with legis- Sarbanes Senator WARNER may be offering an Conrad Kohl lators at their homes—and I know Corzine Landrieu Schumer amendment on defense. Excuse me. there have been discussions in Vir- Daschle Lautenberg Stabenow Senator LINDSEY GRAHAM and Senator ginia, Utah, and many other States Dayton Leahy Wyden BUNNING have an amendment we hope across the country—knows they do not Dodd Levin to be able to accept. That shouldn’t want this mandate anymore and to NAYS—52 take too long. Senator BYRD has an take off the handcuffs because we have Alexander Dole Miller amendment on reconciliation. We ex- not funded it. Allard Domenici Murkowski pect an amendment dealing with de- We have not lived up to our obliga- Allen Ensign Nickles fense. We expect an amendment deal- Bennett Enzi tion to our children, to our commu- Roberts Bond Fitzgerald Santorum ing with pay-go. Those are three or nities, to our families, to our States, Brownback Frist Sessions four major issues. We might stack the and to everyone else in this world who Bunning Graham (SC) Shelby votes. I will consult with my colleague Burns Grassley Smith cares about education because we have Campbell Gregg from North Dakota as far as the timing Snowe not funded this bill. Chafee Hagel of the votes. Specter Chambliss Hatch My amendment is basic and simple. Stevens We have had a significant debate. It It says we will follow up on a promise Cochran Hutchison is time for us to dispose of these Coleman Inhofe Sununu we made 2 years ago to fully fund No Collins Kyl Talent amendments so we can avoid the so- Child Left Behind. I am more than at Cornyn Lott Thomas called vote-arama. ease to go home and tell my constitu- Craig Lugar Voinovich The PRESIDING OFFICER. The Sen- Crapo McCain Warner ator from North Dakota. ents that I am fighting to make sure DeWine McConnell their children get a good education and Mr. CONRAD. Mr. President, might I we follow up on a promise. That is the NOT VOTING—2 add my voice to the voice of the chair- decision every Senator is going to have Johnson Kerry man. We are rushing toward another to make when they vote on this amend- The amendment (No. 2719) was re- vote-arama. We have 58 amendments ment. Whose side are you on, on the jected. noticed on this side already. Some of side of making sure we keep our prom- Mr. NICKLES. Mr. President, I move them are duplicative. On some of them, ises, making sure our children have the to reconsider the vote. one Senator is offering many more ability to learn and we do not just tell Mr. CONRAD. I move to lay that mo- than one amendment. I am asking our them they have to live up to standards, tion on the table. colleagues to please let us exercise dis- or on the side of hiding behind smoke The motion to lay on the table was cipline. Let us reduce the number of and mirrors? agreed to. amendments. I propose to my colleague I intend to go home and tell my fami- Mr. NICKLES. Mr. President, I thank that we consider entering into a time lies in every community across the our colleagues. We spent most of the agreement at least on these next few State that I am going to fight every morning on one amendment. I dis- amendments. If we could agree, for ex- single day I am here to make sure their cussed this with my friend and col- ample, on 30 minutes or 40 minutes children have quality teachers, their league from North Dakota and said I equally divided on the next amend- children have quality classrooms, their know a lot of Members have education ment, and then an hour equally divided children have the ability to have good speeches they want to make. We were on an amendment on reconciliation, curriculum, their children are able to pretty generous with time allotments then an hour on an amendment at the learn the skills they need from highly for those amendments. But I really designation of the chairman, and then qualified teachers because that is what want to tell our colleagues that gen- an hour equally divided on pay-go, and we promised them in this bill. erosity with time is coming to a close. stack the votes, we could then have a This amendment is about keeping We are going to start picking up the series of three votes at about 5:45 promises. I urge my colleagues to vote pace rather substantially. That means which might accommodate some. I for the Murray-Kennedy amendment. I we are going to have a lot more votes. know there are plans for this evening ask for the yeas and nays. It means I am doing everything I can by some. At least we could get a series The PRESIDING OFFICER. The time to avoid a vote-arama which Senator of important votes concluded. of the Senator has expired. BYRD and I have discussed many times. Mr. NICKLES. Mr. President, I appre- Is there a sufficient second? We think it is demeaning to the Senate ciate my colleague’s excellent sugges- There appears to be a sufficient sec- to have a large number of votes where tion. I am not ready to enter into a ond. Members are voting with almost no de- consent on all of those amendments. I The question is on agreeing to bate. We are making a great concession think the Senator from South Carolina amendment No. 2719. The clerk will on our side. It is easy to debate and say has indicated he wants 45 minutes on call the roll. now the time is up and have a vote- his amendment. I am willing to enter

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.067 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2493 into an agreement on Senator BYRD’s or joint resolution, or an amendment thereto under the Montgomery GI Bill for members amendment. I don’t think I am ready is offered or a conference report thereon is of the Selected Reserves, the Chairman of to go yet on the Stevens-Warner submitted, that increases benefit levels the Committee on the Budget may revise al- amendment. I need to consult with under the Montgomery GI Bill for members locations of new budget authority and out- them first. If we can enter into an of the Selected Reserves, the Chairman of lays, the revenue aggregates, other appro- the Committee on the Budget may revise al- priate aggregates, and the discretionary agreement on those two amendments, I locations of new budget authority and out- spending limits to reflect such legislation, am happy to do that. lays, the revenue aggregates, other appro- providing that such legislation— Mr. CONRAD. I am happy to enter priate aggregates, and the discretionary (1) would not increase the deficit for fiscal into an agreement of 45 minutes equal- spending limits to reflect such legislation, year 2005 and for the period of fiscal years ly divided on the Graham amendment providing that such legislation— 2005 through 2009; and and an hour equally divided on the (1) would not increase the deficit for fiscal (2) does not exceed $1,200,000,000 for the pe- Byrd amendment. year 2005 and for the period of fiscal years riod of fiscal years 2005 through 2009. Mr. NICKLES. I have no objection. 2005 through 2009; and Mr. GRAHAM of South Carolina. Mr. Mr. BYRD. Mr. President, reserving (2) does not exceed $1,200,000,000 for the pe- President, I will give a quick overview riod of fiscal years 2005 through 2009. the right to object, I am not yet ready and yield to Senator BUNNING for as to enter into an agreement on my Mr. CONRAD. Mr. President, with much time as he needs to explain his amendment. the indulgence of the Senator, might I portion of the amendment. Then we The PRESIDING OFFICER. Objec- repeat the request. I think we might will go to Senator DEWINE and Senator tion is heard. have it worked out so we can enter into DASCHLE and myself to finish. Mr. NICKLES. Mr. President, our a time agreement on the next two I compliment Senator NICKLES for order would be then to consider the amendments, if the chairman would be helping us work this out. This is the amendment offered by Senator GRAHAM willing to repeat the request. amendment we have been talking and Senator BUNNING. Mr. NICKLES. Mr. President, I ask about for almost a year now, setting The PRESIDING OFFICER. Under unanimous consent that the amend- the previous order, the next order of aside some money in the budget to ad- ment by Senator LINDSEY GRAHAM and business is the amendment of the Sen- dress the health care needs of the Senator BUNNING be limited to 45 min- Guard and the Reserve. ator from South Carolina, Senator utes without second-degree amend- GRAHAM. If you are an activated member of ments, and I ask unanimous consent The Senator is recognized. the Guard or Reserve, you go into the that the amendment to be offered by AMENDMENT NO. 2731 military health care system called Senator BYRD be limited to 1 hour Mr. GRAHAM of South Carolina. Mr. TRICARE. Your family has eligibility equally divided without second-degree President, I send an amendment to the for that system. When you come off ac- amendments. desk. tive duty, you will go back into your The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there private plan, if you have one. If you are clerk will report. objection? Without objection, it is so uninsured, there will no plan available The legislative clerk read as follows: ordered. for you. The Senator from South Carolina [Mr. Mr. GRAHAM of South Carolina. Mr. We are trying to allow Guard and Re- GRAHAM], for himself, Mr. DASCHLE, Mr. President, I ask unanimous consent serve members, by paying a premium BUNNING, Mr. LEAHY, Mrs. CLINTON, and Mr. that Senator CHAMBLISS and Senator out of their pockets, to be full-time DEWINE proposes an amendment numbered ALLEN be added as cosponsors. members of TRICARE so they will have 2731. The PRESIDING OFFICER. Without continuity of health care. Mr. GRAHAM of South Carolina. Mr. objection, it is so ordered. Twenty-five percent of the people President, I ask unanimous consent AMENDMENT NO. 2731, AS MODIFIED who were called to active duty for that reading of the amendment be dis- Mr. GRAHAM of South Carolina. Mr. Guard and Reserve were unable to be pensed with. President, I ask unanimous consent to deployed because of health care prob- The PRESIDING OFFICER. Without add the word ‘‘and’’ on page 2 to lines lems. Providing continuity of health objection, it is so ordered. The amendment is as follows: 4 and 16 of my amendment. care year round would be a good meas- The PRESIDING OFFICER. Without ure. I know this will help retention and (Purpose: To enhance military readiness by creating a reserve fund to provide objection, it is so ordered. The amend- recruiting. TRICARE benefits for members of the Se- ment is so modified. There is another aspect of this lected Reserve of the Ready Reserve, fully The amendment (No. 2731), as modi- amendment, thanks to Senator offset through reductions including unobli- fied, is as follows: BUNNING. What is happening with our gated balances from Iraqi reconstruction, On page 28, after line 7, insert the fol- Guard and Reserve forces is they are and a reserve fund to provide Montgomery lowing: becoming overutilized. There has been GI Bill benefits to members of the Selected SEC. 304. RESERVE FUND FOR GUARD AND RE- a 170-percent increase in Guard and Re- Reserves) SERVE HEALTH CARE. serve utilization since 9/11. On page 28, after line 7, insert the fol- If the Committee on Armed Services or the The GI bill of rights applies to the lowing: Committee on Appropriations reports a bill Guard and Reserve in a limited fashion. SEC. 304. RESERVE FUND FOR GUARD AND RE- or joint resolution, or an amendment thereto SERVE HEALTH CARE. is offered or a conference report thereon is Thanks to Senator BUNNING’s efforts, If the Committee on Armed Services or the submitted that expands access to health care that is about to change. Committee on Appropriations reports a bill for members of the reserve component, the At this time, I would like to yield to or joint resolution, or an amendment thereto Chairman of the Committee on the Budget Senator BUNNING to explain what he is is offered or a conference report thereon is may revise allocations of new budget author- trying to do for the Guard and Reserve submitted that expands access to health care ity and outlays, the revenue aggregates, members with an amendment in terms for members of the reserve component, the other appropriate aggregates, and the discre- Chairman of the Committee on the Budget of the GI bill. tionary spending limits to reflect such legis- The PRESIDING OFFICER. The Sen- may revise allocations of new budget author- lation, providing that such legislation— ity and outlays, the revenue aggregates, (1) would not increase the deficit for fiscal ator from Kentucky. other appropriate aggregates, and the discre- year 2005 and for the period of fiscal years Mr. BUNNING. Mr. President, my tionary spending limits to reflect such legis- 2005 through 2009, or would offset such deficit amendment provides funds to increase lation, providing that such legislation— increases through reduction of unobligated (1) would not increase the deficit for fiscal educational benefits for the National year 2005 and for the period of fiscal years balances from Iraqi reconstruction; and Guard and Reserve members under the 2005 through 2009, or would offset such deficit (2) does not exceed $5,600,000,000 for the pe- GI bill. Currently, National Guard and increases through reduction of unobligated riod of fiscal years 2005 through 2009. Reserve members are eligible for only balances from Iraqi reconstruction; and SEC. 305. RESERVE FUND FOR MONTGOMERY GI $282 per month under the GI bill. That BILL BENEFITS. (2) does not exceed $5,600,000,000 for the pe- is only 27 percent of the amount active- If the Committee on Armed Services or the riod of fiscal years 2005 through 2009. duty members can get. SEC. 305. RESERVE FUND FOR MONTGOMERY GI Committee on Appropriations reports a bill BILL BENEFITS. or joint resolution, or an amendment thereto In 1985, Congress set educational ben- If the Committee on Armed Services or the is offered or a conference report thereon is efits for our Guard and Reserve mem- Committee on Appropriations reports a bill submitted, that increases benefit levels bers at 47 percent of the active-duty

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.070 S10PT1 S2494 CONGRESSIONAL RECORD — SENATE March 10, 2004 benefit level. Since then, it has contin- 852, the Comprehensive Guard and Re- Missing in the final package was eli- ued to slip to today’s levels of 27 per- serve Health Benefits Act, dropped out gibility for members of the Guard and cent. My provision provides the funds during the final negotiations. Reserve to sign up for the cost-share needed to bring Guard and Reserve ben- Missing in the final package was eli- TRICARE program. We have crafted a efits back to that 40-percent mark. gibility for employed members of the provision at only marginal cost com- Today, we are using our National Guard and Reserve to sign up for the pared to the size for members of the Guard and Reserve, as Senator GRAHAM cost-share TRICARE program. This Guard and Reserve, and this will help said, more than ever. They are being took away health insurance options for fully fund the program set forth—early deployed away from their homes and our reservists and a necessary mecha- health insurance, TRICARE access for families for longer periods of time and nism to make the mobilization process all, reimbursements to families for put in harm’s way. We should provide easier by eliminating the need for re- keeping civilian health insurance, and them with educational benefits that re- servists to switch back and forth be- maintaining full TRICARE after de- flect the contributions they make to tween health insurance plans when ployment. our national security. they are activated. We need to do this. We cannot con- I urge Members to support the The final compromise also short- tinue to ask these men and women to Graham amendment. changed families of activated reserv- go overseas to serve, basically full Mr. GRAHAM of South Carolina. Mr. ists who wanted to maintain their ci- time, and have part-time benefits. President, I thank Senator BUNNING on vilian health insurance while their They are full-time soldiers. They behalf of all the Guard and Reserves. loved ones were activated. should be treated that way. He has made a real difference in their That provision would have substan- Mr. GRAHAM of South Carolina. I lives. This is long overdue. I appreciate tially reduced some of the intense dis- yield 10 minutes to the chief author of what the Senator has done to make turbances these long separations cre- this legislation, Senator DEWINE. this a better amendment. ate. We crafted this provision to have The PRESIDING OFFICER. The Sen- I yield 3 minutes to Senator LEAHY. only marginal costs compared to the ator from Ohio. The PRESIDING OFFICER. The Sen- size of the benefit for Guard members, Mr. DEWINE. Mr. President, I am ator from Vermont. reservists and their families. proud to join this afternoon my col- Mr. LEAHY. Mr. President, I am glad This amendment will help fund the league, Senator LINDSEY GRAHAM, in to join my colleagues Senator DASCHLE full program set forth in S. 852: Early support of this very important amend- of South Dakota and Senator GRAHAM health insurance, TRICARE access for ment. I commend him for his great of South Carolina in support of this all, reimbursements to families for leadership and great work. critical budget amendment on the keeping civilian health insurance, and I have been a longstanding supporter readiness of our National Guard and maintaining full TRICARE after de- of both initiatives: extending Reserves. This amendment will allo- ployment. It truly is a comprehensive TRICARE coverage to members of the cate resources in the country’s long- package. It is, I want to note, the exact Guard and Reserve, and also increasing term budget to implement a com- same legislation that received an over- the level of benefits provided to the Se- prehensive health insurance program whelming 85 to 10 favorable vote during lective Reserve under the Montgomery for the 800,000 citizen-soldiers who our debate on the defense bill. GI bill. I have introduced and cospon- serve in the National Guard and Re- The Department of Defense has slow- sored several bills to address existing serves. rolled implementation of the program inequities with these specific benefits. Last year, the Senate recognized that turned into law last year. They are Unfortunately, benefits for our Guard 20 percent of the Nation’s military re- still not opening up the cost-share pro- and Reserve simply have not kept pace serve—over 150,000 citizens waiting to gram to eligible service-members. with the increasing role that these in- answer the call-to-duty—did not pos- Passing this amendment this year on dividuals are expected to play today. sess health insurance. During a vote the budget resolution sends a signal to I commend Senator GRAHAM, Senator here on the Senate floor, 85 senators DOD that they need to move ahead DASCHLE, and Senator BUNNING for collectively agreed that this was un- more aggressively. But, more impor- their great leadership and their contin- wise, and more importantly, uncon- tantly, this amendment assures the ued commitment to these initiatives. I scionable that citizen soldiers ready to 130,000 men and women in the Guard look forward to working with them fight for their country would arrive for and Reserve serving in Iraq, Afghani- through the coming months to make service in less than perfect health be- stan, or at home, and the entire Guard these important initiatives a perma- cause they were uninsured. and Reserve force, that we are going to nent reality. As a response to this clear problem, take significant steps to ensure that This is important work. I know of we passed a stopgap health insurance they are ready to meet the challenges nothing more important that this Sen- program that allowed reservists to re- ahead. We are not going to let our ate will be doing in the months ahead. ceive fully reimbursed health insur- Guard down. I look forward to making sure we get ance through TRICARE as soon as they To reiterate, this amendment will al- the job done. received their orders and maintain that locate resources in the long-term budg- I thank my colleague for the time insurance after they had been deacti- et to implement a comprehensive this afternoon to talk about another vated. health insurance program for the important amendment that I have The centerpiece of the program 800,000 citizen soldiers who serve in the filed, but I am not calling up at this passed in Congress last year was a pro- National Guard and Reserve. time. I take a moment to talk about vision to allow drilling members of the We recognized in the Senate last year this amendment that is cosponsored by Guard and Reserve to buy into the that 20 percent of the Nation’s military Senator LEAHY and Senator COLEMAN, TRICARE program on a cost-share reserve—over 150,000 citizens waiting to an amendment that I have sponsored. basis if they were between jobs or did answer the call to duty—did not pos- We live in a world of 6 billion people, not have access to health insurance sess health insurance. Think of that, the majority of whom live in devel- through their employers. over 20 percent of the military reserve, oping countries. Theirs is a world This program guarantees that every 150,000 people, with no health insur- where, according to UNICEF, out of member of the Guard and Reserve is ance. That is unwise and it is also un- every 100 children born, 30 will most covered either through TRICARE or a conscionable these citizen soldiers do likely suffer from malnutrition in their civilian program. However, the final not have health insurance. first 5 years of life; 26 will not be im- defense bill last year authorized the We passed a stopgap health insurance munized against the most basic of program only through the end of this program that allowed reservists to re- childhood diseases; and 19 will lack ac- calendar year. This amendment would ceive fully reimbursed health insur- cess to clean, safe drinking water. expand funding for this program for the ance through TRICARE as soon as they This is certainly unconscionable. Yet next 5 years. receive their orders and maintain that we have seemingly come to expect and More troubling, critical portions of insurance after they have been deacti- indeed accept this as a way of life in our original proposal, embodied in S. vated. the developing world. The tragedy is

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.073 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2495 that all of this is avoidable. We can do dying each year from preventable and that USAID can provide training and something about it. We can do simple treatable illnesses certainly qualifies technical assistance in infection pre- things, really simple things, basic as an emergency. vention and quality of care, as well as things that can save millions of chil- It is the equivalent of roughly 55 needed equipment and supplies to bring dren’s lives every year. The reality is fully loaded 747 airplanes crashing health facilities up to a level where we are not doing enough right now. every day for a year. Think of that. If they can provide safe and effective Candidly, we are tolerating these that were happening, if that many air- emergency pre- and postnatal care. deaths, and saving these lives simply planes were going down each day in Clearly, child survival interventions has not been a priority. Our amend- this country, or anywhere in the world, do, in fact, work, and they are the ment would change that. And it is, in- we know what our reaction would be. It most cost-effective tools we have in deed, a step in the right direction. would be all over the news, all over the struggle for better global health. I take a few minutes this afternoon CNN. We would declare a worldwide We can and we should invest in these to share some important statistics tragedy, and we would do something programs as they increase developing about child and maternal mortality. I about it. countries’ access to basic health serv- am often hesitant to come to the floor But these problems facing the devel- ices—services such as vaccinations, im- and talk about statistics. When we oping world cannot be resolved through munizations, micronutrient programs, hear statistics, it is all too easy to be- short-term, temporary, piecemeal as- and vitamin supplements. come numb, all too easy to forget the sistance. If we are to make any real The PRESIDING OFFICER. The Sen- human realities they, in fact, rep- headway in improving the health of ator’s time has expired. resent. It is important for all to listen women and children in the long term, Mr. DEWINE. Mr. President, I ask for to some of these statistics today be- we need to take some bold and radical an additional 1 minute. cause they are so unbelievable and so steps, and we also need to be com- Mr. GRAHAM of South Carolina. Ab- tragic. They represent so many lives, mitted to supporting, in the long run, solutely. countless lives that could, in fact, be maternal and child health programs, The PRESIDING OFFICER. The Sen- saved; lives that could be saved if we and not just now but next year and the ator is recognized for an additional would make the appropriate amount of year after and the year after that. Our minute. resources available to people who are funding simply cannot be administered Mr. DEWINE. If we can make these in such dire need. in a single dose. investments and work toward equal ac- Let’s look at the facts. Today, over If we could look into the future 10, 20, cess to health care, we can help ensure 10 million children under the age of 5 30, 40 years from now, we would see that mothers receive proper prenatal die each year from preventable, avoid- what is possible with sustained invest- care, that children and families receive able, and treatable diseases and ail- ments in primary health care and pub- nutritional counseling and vitamin ments, including such things as diar- lic health systems. supplements, and that children receive An article recently published in the rhea, pneumonia, measles, and, yes, the necessary immunizations and vac- journal, The Lancet, suggests that pro- malnutrition. Over 10 million children cinations to live healthy lives. viding, for example, vitamin A as a pre- under the age of 5 die from preventable But tragically, if we fail to make a venting measure could avert as many and avoidable diseases. Of those 10 mil- sufficient and sustained investment in as 225,000 deaths, and providing oral re- the development of public health sys- lion deaths worldwide, 3.9 million occur hydration therapy could prevent as tems that provide primary care, moth- in the first 28 days of life. These babies many as 1,477,000 deaths. Simple inter- ers will continue to die prematurely do not even have a shot at living their ventions and treatment are not expen- during childbirth, children will con- lives or even getting as old as 2, 3, 4 or sive. Oral rehydration packets cost tinue to die from preventable diseases 5. Yet two-thirds of these deaths could about 8 cents apiece—8 cents. be prevented if available and affordable For 4 cents per child, two vitamin A and causes, and life expectancies in interventions had reached the children capsules could be given every year to these developing nations will stagnate and mothers who needed them. children around the world, saving over or perhaps even decrease. This is not Malnutrition contributes to 54 per- 650,000 of them from blindness and acceptable. cent of all childhood deaths, and as death. For 30 cents worth of basic anti- Mr. President, adoption of this many as 3 million children die annu- biotics given to every child with pneu- amendment—as I said, it has been filed ally as a result of vitamin A deficiency. monia, we could prevent 577,000 deaths. but not yet called up—will go a long An estimated 400,000 cases of childhood I think you get the idea. way to save so many children’s lives blindness are reported each year, also, Here is another example: Iodine regu- around the world. Therefore, I would because of vitamin A deficiencies. lates growth and the . A de- ask my colleagues, when this amend- According to the World Health Orga- ficiency in iodine is the primary cause ment is called up, to join my col- nization estimates, at least 30 million of preventable learning disabilities and leagues in voting in favor of it. infants still do not have access to basic brain damage. Iodine can be introduced Again, I thank my colleague for his immunization services, and over 4.4 into the diet by something as simple as great work to help our Guard and Re- million children died from vaccine-pre- fortified salt—iodized salt—something serves in relation to what we talked ventable diseases in the year 2001 that is in all our kitchens at home. about earlier today. I thank him for his alone—diseases such as hepatitis, polio, This simple measure would cost only 5 good work in this area. and tetanus. Of all the vaccine-prevent- cents per person annually. I yield the floor. able diseases, measles remains the Furthermore, our amendment would The PRESIDING OFFICER. The Sen- leading childhood killer, claiming the allocate additional money to help ator from South Carolina. lives of, it is estimated, 750,000 chil- avert maternal and neonatal death and Mr. GRAHAM of South Carolina. Mr. dren—more than half of them in Africa improve maternal health, including the President, we are all in a thanking alone. Yet vaccine-preventable deaths prevention of obstetric fistulas and mode, and I think it is appropriate that could actually be cut in half by the other types of injuries and disabilities we try to do as much as we can, in a bi- year 2005 if these children were receiv- resulting from childbirth in unsafe cir- partisan fashion, when it comes to the ing proper vaccinations. cumstances. military. Mr. President and my colleagues in The fact is, all pregnant women are We will have our differences and the Senate, we can change the course at risk for injuries and childbirth com- funding and our differences about pri- of these developing nations. We can plications, which is why it is so impor- orities in terms of what helps the econ- change this tragic human reality. We tant to have skilled attendants—mid- omy and what helps to control the def- can start by providing additional wives, doctors, or nurses—present at icit. But I want to acknowledge the money and support for our child sur- birth. Yet only about half of the work of Chairman NICKLES’ staff and vival and maternal health programs. world’s women give birth with a skilled him personally for allowing this The fact is, this is an emergency situa- attendant available. amendment to be accepted as part of tion. There really is not any other way The child survival and maternal the budget because working together, to describe it. Over 10 million children health funding provides resources so in a bipartisan fashion, we are going to

VerDate jul 14 2003 01:42 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.075 S10PT1 S2496 CONGRESSIONAL RECORD — SENATE March 10, 2004 carve out about $5.6 billion to be uti- all those serving our country. As the military members being deployed—I lized to help alleviate the Guard and Presiding Officer will recall, we had know how stressful it is for families Reserve health care problems that cur- nine C–130 flights in Afghanistan and left behind and how stressful it is for rently exist. And Senator BUNNING’s Iraq. Eight of the nine crews were the pilots and their crews. measured, upgraded GI bill benefits Guard crews. The last was a Reserve Here we are 10 years later plus, in- will also be part of the budget. To me, crew. All the 130 crews were from the volved in another major operation to that is a good priority to have made. Guard and Reserve community. That fight the enemies of this country who, We have promised to pay for this. I duplicates itself in many other areas— if they had their way, little girls think that is a good statement to have MPs, civil affairs. There is a heavy re- wouldn’t to go school and there would made, too. liance on Guard and Reserves. be only one way to worship God. It Once the authorizing committee gets I remember on one of the flights the would be their way. And if you differed, to work with Senator WARNER, and pilot and the copilot were going to be you would die. then, hopefully, Senator STEVENS, who first-time dads. One person worked for This is a huge event we are under- has been a big champion of this cause, Southwestern Bell. Southwestern Bell taking, the war on terrorism. The they will appropriate what we do on voluntarily extended health care cov- Guard and Reserve community is play- the authorizing committee, that it will erage for the family, even though he ing a bigger role than ever. be paid for, and that we can bring this was called back to duty, so that per- The cold war dynamic with the program in under the $5.6 billion son’s wife did not have to change doc- Guard and Reserve has changed with the war on terrorism. They are indis- amount. Senator MCCAIN and others tors or hospitals. The copilot was a re- have ideas of how the employer com- altor and he didn’t have such an oppor- pensable. That will not change anytime munity can contribute. tunity. So his wife had to change doc- soon. The stress on the forces is as But I would like to inform those tors and hospitals late in the preg- great as it has ever been in my mili- maybe listening in the Guard and Re- nancy, and it was a very stressful tary career, and the benefit package serve community that your needs are event. has not been changed substantially in well understood by this body, and there One thing about providing full-time 30 years. Now is the time to come to- is a real bipartisan effort to meet those TRICARE eligibility to those who want gether, Republicans and Democrats, needs. to pay the premium, we are asking and put on the table new benefits for To those in the Active Forces, I guardsmen and reservists to contribute those serving their country in a very think we have tried to upgrade your to the cost. That is only fair, and it is patriotic and unselfish way. With that, I yield to the minority benefit package, tried to increase your a very good deal. They will be contrib- leader and my colleague on this effort, pay. You have earned every penny of it, uting out of their pocket, like their ac- Senator DASCHLE. and then some. We are trying to im- tive-duty counterparts. One of the ben- The PRESIDING OFFICER. The Sen- prove the quality of life of those people efits is, your family doesn’t have to ator from South Dakota. stationed overseas and their families. bounce around from one health care Mr. DASCHLE. I thank the Senator This is a team effort. Nothing about provider to another, even when you for his kind words. I have to say, this the Guard and Reserve takes away change plans. Some people have been has been an equal joy for me. The Sen- from the Active Forces. Forty percent deployed already three times. The like- ator from South Carolina has been an of the people in Iraq, by the end of the lihood of their utilization in the future extraordinary partner in this effort. I year, will be Guard and Reserve mem- is greater, not less. Adopting this applaud him for the extraordinary ef- bers. When a guardsman or reservist is amendment as part of the budget al- forts he has made to get us to this called to active duty, it has its own lows us to take some money to meet point and the leadership he has pro- unique stress. God knows their is stress those needs. vided. As he has noted, we may dis- on our active-duty families who are I need to say this about Senators agree on other issues, but on this there serving in the military and have their DASCHLE and LEAHY and CLINTON, and is very strong bipartisan support. I cite family members in harm’s way. our other Democratic sponsors: We his leadership as one of the reasons More times than not, when you are wouldn’t be here without Senator why. called to active duty, your pay goes DASCHLE. I don’t know how to say it I can speak for all of those on this down. There are provisions in our Fed- any clearer. We would not have made it side of the aisle who have worked to eral law that will allow some renegoti- this far if he had not taken on this try to pass this legislation. Senator ating of loans but, at the end of the cause and pushed as hard as he could GRAHAM’s efforts, his persistence, and day, it is a very stressful event finan- push. He has been around here a lot the extraordinary effort he brings to cially for families. longer than I have. It really did mat- ensuring we succeed is a big reason This one aspect, health care, is a ter. He and I may vote differently for why we are going to be successful huge problem that needs to be ad- the rest of the week, but I have great today. dressed. As I stated before, about one admiration for him as a person and we We have actually voted on this three in four people called from the Reserve will vote together today. At the end of times in the Senate. We have done so and Guard community to active duty the week he may have a different view with overwhelming margins. It is not are not able to be deployed imme- about what the budget does for the often on an amendment that you can diately because of health care prob- country, but we will have agreement generate 80-plus votes. But 87 Senators lems. The No. 1 disqualifying event is on this, that the Guard and Reserve have already said this ought to be law. dental problems. community is one step closer to get- Because they have said it ought to be When you think about it, a lot of pri- ting the help they deserve. I publicly law, we are confident it will become vate plans do not have a dental compo- acknowledge that and thank him. It law sooner or later. nent to it. So by allowing Guard and has been a very pleasurable, enjoyable The legislation we are offering today Reserve members to be part of the experience. We are not there yet, but very simply recognizes, first, that military health care system year we are closer than when we began. there are differences between members round, whether they are deployed or I am the only Member of the Senate of the Reserves and the Active Duty. not, I think readiness goes up dramati- who is in the Reserves. I recently got The Active Duty don’t have to pay for cally. promoted and made a joke about that, their health care. We believe that is When we look at writing this bill, showing how stressed out we are in the the way it should be. If you are on ac- that would be one of the selling points. military if I am promoted. I am proud tive duty and you are defending your I was in Iraq last summer with a dele- of my service. I have never been in country, that ought to be one of the gation of Senators. The Presiding Offi- harm’s way. prerequisites of Active-Duty service. cer was with us. It was a wonderful op- The one thing I got from that experi- We are suggesting that if you serve portunity to understand how difficult ence, having been on Active Duty for your country alongside that member of service overseas can be and how stress- 61⁄2 years, serving overseas—I was in the Active Duty, you ought to have ac- ful it is being in harm’s way. You come the Guard as a support person in Alas- cess to that health care, and maybe away with a great sense of pride about ka, doing legal work for families and you ought to pay a little premium.

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.078 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2497 Our guardsmen and reservists are de- to meet the demand and to put some Mr. CONRAD. I yield 5 minutes to termined and are accepting of that dif- element of fairness back into the sys- the Senator from Louisiana off of our ference. They just want access to the tem. time. care. They are willing to pay a pre- This amendment is needed for two The PRESIDING OFFICER. The Sen- mium, unlike our Active-Duty per- reasons. One, it is the right thing to do. ator from Louisiana is recognized. sonnel who get it as part of their job, When you have 30 percent of those Ms. LANDRIEU. Mr. President, I but they do want access. So that is the members of the Guard and Reserves thank those managing the bill, and I first big difference. who are called up today who have no thank the Senator from South Carolina Clearly, what most people don’t un- health insurance, many of whom can’t for bringing this amendment to the derstand is this premium is a very sig- even get the kind of health care they floor. I would like to cosponsor this nificant differentiation between Ac- need to be compliant physically with amendment because it helps our vet- tive-Duty personnel and the Guard. the demands of their job, you need this erans and Guard and Reserve in two The second is, this will not be taken amendment. very important ways. The Senator’s out of the Pentagon budget. What we Secondly, when you look down the portion of this helps to extend the are proposing with this amendment is road and you talk to Governors and the TRICARE piece and extends also in we add $5.6 billion. We recognize there Guard and Reserve decisionmakers, this amendment the GI benefits for the are some very important needs within what they will tell you privately, and Guard and Reserve. our defense budget that have to be met. for good reason, is they are under- As I have said many times, the Guard We don’t want to see this compete with standably concerned about retention, and Reserve that is protecting us other needs, and that is why we are understandably concerned about meet- today, that is serving as the core in adding on. But we are also not adding ing the needs. many instances of our Armed Forces, is to the deficit. There is a significant un- You will not find more patriotic not the Guard and Reserve of our fa- obligated balance in the Iraq recon- Americans anywhere than those who thers’ or grandfathers’ generations. struction fund, money that would go to serve through the Reserve and the They are citizen soldiers. They are pro- Iraq normally, that is not going to be Guard. Nobody is more committed. fessional soldiers. Because of policy required in this fiscal year from which They give up their jobs, time with changes we put into place, the Guard this money is taken. their families, and they go to faraway and Reserve now are picking up about So first, we are not exacerbating the places and sacrifice salary in order to 40 percent of the battlefield burdens, and they deserve a greater portion of deficit. Secondly, we are not competing defend their country. with any other programs in the De- All we are saying is, for all of that, the overall budget to support them. Do our active troops deserve support? fense Department. And third, we recog- we want you to stay in the Guard and Absolutely. But our Guard and Re- nize the difference between members of continue to serve your country, so we serve, because they are picking up an the Reserve and Active-Duty per- are going to be a little more fair re- ever-increasing responsibility regard- sonnel. So for all those reasons, we garding your access to health insur- ing this war against terrorism, the war think this amendment is very carefully ance. That would be one less problem in Afghanistan and the war in Iraq, and drawn. for them. This amendment does that even right here on the homefront, de- Obviously, there is no question about permanently, and it deserves to be serve more help and support. the importance of what it does. It ex- passed overwhelmingly. I am proud to be a cosponsor of this tends coverage to all reservists who are We are not going to ask for a rollcall amendment. I believe it will pass with willing to pay the premium. You pay vote because we have had three of great support on both sides. the premium; you have access to the them. We think the Senate is on record I wanted to take a minute to also health insurance. Secondly, we provide adequately regarding this legislation. talk about something I hope we can offsetting coverage when people are We will be back. This only authorizes find a way in this debate to fix. I want called up and they have private cov- it in the budget. We are going to come to see if we can find a way to fix the erage that they want to maintain. We back with Defense Appropriations to survivor benefit plan, which was en- are saying, if you are called to service make sure it is also a part of the law as acted in 1972. This survivor benefit plan by your country and you are fighting we consider the important aspects of was a pension benefit for military in a faraway land, we are going to en- public policy relating to defense in the spouses, after the retirees passed away. sure that if you have private coverage future. We said if the retired veterans wanted that you think is important and you Again, let me end where I started. to basically pay into a certain account, want to keep for your family, you Senator GRAHAM deserves great credit when the retiree died, their wives ought to have a right to do that. for the effort he made to bring us to would receive 55 percent of the vet- Finally, we make it permanent. We this point. I am pleased that, on a bi- erans retirement pay. ought to take out the guessing game. partisan basis, we can pass this with an We created this fund. However, after There shouldn’t be any question as to exclamation point this afternoon. This it was established, budget policies were whether it is going to be here this year, deserves to be law. This year is the put into place that basically cut out gone the next, whether some people are year to do it. that benefit. So we now have the unbe- going to have to sign up, worrying I yield the floor. lievable and untenable situation where whether they can sign up in subsequent The PRESIDING OFFICER. Who spouses—most of them women; I would years. yields time? say 85 to 90 percent are female—who, What Senator GRAHAM suggests with Mr. GRAHAM of South Carolina. Mr. by the request of our military, move our amendment is, No. 1, it ought to be President, I yield to the Senator from themselves and their families every 2 permanent. We have seen, as the Sen- Louisiana. years, which makes it extremely dif- ator from South Carolina so aptly Ms. LANDRIEU. Mr. President, is ficult for anyone to develop any con- noted, the biggest callup of members of there 5 minutes available to speak for sistency in a career outside the home, the Guard and Reserves since World the amendment? even if they were able and willing. War II. Our dependence upon the Guard The PRESIDING OFFICER. The Moving every 2 years doesn’t give them and Reserves continues to grow. Forty sponsor controls 1 additional minute. the opportunity to expand their earn- percent is now the number that is The minority manager of the bill con- ing capacity. That was a sacrifice widely recognized; 40 percent of those trols 20 minutes. many spouses and their families made serving in Iraq are members of the Mr. CONRAD. How much time does to support the men in this case—in Guard and Reserves. So there is no the Senator need? most cases—serving in our military question this integration of forces is a Ms. LANDRIEU. Five minutes. and to support the country. fact of life. Mr. CONRAD. Mr. President, does Yet for all that great commitment If we are going to see this integration Senator GRAHAM wish to retain a and service and dedication, we tell of forces in the future, we have to rec- minute of his time? them, thank you very much, but we are ognize that we are going to have to Mr. GRAHAM of South Carolina. Yes. going to cut your benefits from 55 per- change our benefits and pay structure I will try to yield part of it back. cent of what you and your spouse put

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.080 S10PT1 S2498 CONGRESSIONAL RECORD — SENATE March 10, 2004 in, in some instances, down to 32 per- Mr. NICKLES. Mr. President, I com- Mr. NICKLES. Yes. cent. It is not fair. pliment my colleague from South Mr. CONRAD. Mr. President, Senator There are Senators on the floor—I Carolina and the Senator from Ken- BYRD is now in the Chamber. While he see the chairman of the Budget Com- tucky, Mr. BUNNING, as well as Senator is going to his desk to present his mittee—who say we cannot afford to DASCHLE and Senator CONRAD. We have amendment, I wish to take this mo- cut back the tax cut to provide for no objection to the amendment. ment to urge our colleagues to get this. They say the tax cut is too impor- The PRESIDING OFFICER. The their amendments to us so we can re- tant and we cannot even modify it or question is on agreeing to the amend- view them, so we can eliminate dupli- change it or postpone it or adjust it ment. cation, so we can schedule them effi- even in the slightest amount to pay for The amendment (No. 2731) was agreed ciently. that. to. If Senators have an amendment they I disagree. I think we can find a way Mr. NICKLES. Mr. President, again, I kind of like but really would not need to adjust the tax cut to pay for the compliment our colleagues. I urge to offer, please withhold. We already widows who moved every 2 years, paid other colleagues, if they have ideas on have 58 amendments noticed. That is 19 their own money into the fund, and amendments, to share them with us hours of voting. It is going to take dis- and maybe we can work some of them now they get shortchanged. When we cipline if we want to conclude the busi- out and eliminate the need for rollcall talk about supporting our military ness on the budget resolution by Fri- votes. Rollcall votes take a lot of time families, let’s remember the soldier on day, which is our common goal. I and they also don’t count on the time the battlefield, and let’s also remember thank the Chair. for the budget resolution. The PRESIDING OFFICER. Under the soldiers who are at home, both the I have a unanimous consent agree- spouses and children who bear a tre- ment on two additional amendments. the previous order, the Senator from mendous burden, who do it willingly We have unanimous consent on an West Virginia is recognized to offer an amendment. The Senator from West and with great patriotism. Let’s not amendment by Senator BYRD, dealing ask them to sacrifice when others in with striking the reconciliation in- Virginia. this country are not willing to make struction, dealing with taxes on the AMENDMENT NO. 2735 that same sacrifice. resolution. That is limited to 1 hour. (Purpose: To provide for consideration of tax I will be offering this amendment That will begin in a moment. cuts outside of reconciliation) later, supporting the amendment that Following that, I ask unanimous con- Mr. BYRD. I thank the Chair. I call is on the floor. Hopefully, we can con- sent that an amendment to be offered up my amendment. vince some of the leadership to make by Senators WARNER and STEVENS per- The PRESIDING OFFICER. The adjustments in their tax cut plans to taining to the Department of Defense clerk will report. do some things we need to do for our be limited to 1 hour; an amendment by The assistant legislative clerk read men and women in uniform and their Senator FEINGOLD dealing with pay-go as follows: families. also be limited to 1 hour, with no sec- The Senator from West Virginia [Mr. I yield the floor. ond-degree amendments in order. BYRD] proposes an amendment numbered The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there 2735. ator from South Carolina. objection? Strike Section 201(a) of the committee-re- Mr. GRAHAM of South Carolina. Mr. Mr. REID. Reserving the right to ob- ported resolution, on page 24 line 21 through President, I ask unanimous consent ject. page 25 line 3. that Senators LINCOLN, DAYTON, MUR- The PRESIDING OFFICER. The Sen- Mr. BYRD. Mr. President, for many RAY, MURKOWSKI, and MIKULSKI be ator from Nevada. years, I have been growing increasingly added as cosponsors. Mr. REID. Mr. President, it is my un- concerned about the Senate as a forum The PRESIDING OFFICER. Without derstanding, listening to my friend for debate. Senators at every turn seem objection, it is so ordered. from Oklahoma, the votes will be bent upon undermining this institution Mr. GRAHAM of South Carolina. Mr. stacked; is that right? and the vision of our constitutional President, as Senator DASCHLE has de- Mr. NICKLES. That is my intention. framers embodied in this upper body of scribed, this will be offset. This will be I think we can do all these amend- the Congress. budget-friendly, and it will be a huge ments and probably start the votes The Senate is the only forum in our deal to military Reserve and Guard shortly before 6. These are three impor- Government where the perfection of families who are sacrificing much for tant issues, so Members should be ad- laws may be unhurried and where con- their country. It will help build a bet- vised—I know Members on the Finance troversial decisions may be hammered ter support network. If you are called Committee wish to speak on a couple out on the anvil of lengthy debate. It to active duty for the Guard and Re- of these issues—to be prepared to de- may be slow; it may be unwieldy; it serve, there is no daycare center on bate, and Members should expect three may be frustrating to some; but it is base because there is no base in which rollcall votes shortly before 6 o’clock. the best means to achieving com- Mr. REID. Will my friend also agree to go. There is no counseling service promise, to ensuring an informed citi- to have 1 minute on each side prior to because you are sometimes in a rural zenry, to protecting the rights of the each vote? community far away from military minority. To shut out the minority by Mr. NICKLES. I have no objection to limiting the right to debate is to need- bases. that request. I modify my request so lessly and detrimentally infuse par- This continuity of health care would that the first vote be on Senator help dramatically. I urge its adoption. tisanship into the legislative process. BYRD’s amendment and then the fol- I thank Senator NICKLES for making That is exactly what we are seeing in lowing two votes, and the managers be this budget resolution. this possible. I look forward to writing allowed to have 1 minute each. Included in the Budget chairman’s good legislation to help the Guard and The PRESIDING OFFICER. Is there resolution are reconciliation instruc- Reserve families. objection to the request as modified? I ask unanimous consent that all Without objection, it is so ordered. tions to the Finance Committee to re- time be yielded back on this amend- Mr. NICKLES. Mr. President, now we port $81 billion in tax cuts to extend ment. will begin consideration of an amend- the child credit, marriage penalty, and The PRESIDING OFFICER. Without ment Senator BYRD will lay down mo- 10-percent bracket expansion that are objection, it is so ordered. mentarily to strike the reconciliation scheduled to expire this year. If mis- Mr. GRAHAM of South Carolina. I provision. used, there is no procedural mechanism thank the Chair. Mr. President, I suggest the absence in the Senate more contemptuous of The PRESIDING OFFICER. The of a quorum. debate than the budget reconciliation question is on agreeing to the amend- Mr. CONRAD. Will the Senator with- process, and it is being misused. It is a ment of the Senator from South Caro- hold? process that has morphed into an an- lina. The PRESIDING OFFICER. Will the nual exercise where the majority party The Senator from Oklahoma is recog- Senator withhold his request for a takes advantage of the limitations on nized. quorum call? amendment and debate allowed by the

VerDate jul 14 2003 02:37 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.083 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2499 Budget Act to shield controversial leg- surplus, money that the President and derail the economy of the United islation from public discussion. both parties pledged to set aside to States. This budget resolution would use rec- save our retirement and disability sys- That is not all. The deficits also are onciliation to circumvent a debate in tem. According to the White House’s threatening our ability to save Social the Senate about the wisdom of allow- own numbers, the gross debt just Security. I understand why some would ing additional tax cuts to deepen the passed the $7 trillion mark on its way prefer not to engage in a lengthy de- deficit. to $11 trillion in 2009, and there is no bate about the explosion in the gross I helped to craft the Budget Act in credible plan from this administration debt. The American public already is 1974, and I can tell Senators we never or this Congress to do anything about having trouble understanding why the in that day contemplated reconcili- it. Congress should enact the $1.2 trillion ation would be used to shield from de- In response to mounting budget def- in new tax cuts included in the Presi- bate legislation that spends the Social icit projections, President Ronald dent’s budget before we have even fig- Security surplus and increases deficits. Reagan signed into law 12 bills to in- ured out how we are going to pay for We, in that day, never one time envi- crease taxes, including legislation to the cost of the ongoing operations in sioned these abuses of the process. repeal part of his 1981 tax cut. Simi- Iraq. Senators regularly express their de- larly, in response to alarming deficit The budget resolution includes $30 sire for less partisanship, longing for projections in 1990, President Bush’s fa- billion in funds for ongoing operations the days—the days almost beyond re- ther made the courageous decision to in Iraq. And that figure is only in here call—when the Senate accomplished its break his no new taxes pledge. because of the thoughtfulness of the business without the political acri- State legislatures and Governors distinguished chairman, only because mony that has marked recent debates. have been making similar decisions of his thoughtfulness and foresight in One reason the Senate avoided such over the past 3 years in Alaska, Ala- putting the figures in here. The admin- partisanship is because the leaders of bama, Connecticut, Idaho, Nebraska, istration downtown didn’t put a penny the Senate respected the rights of the Nevada, and Ohio. It is what is being in, not one thin dime. minority and allowed the Senate to debated right now in Richmond, VA. But that $30 billion is even less than work its will through open and vig- Senator WARNER recently and coura- what was included in the House budget, orous debate. geously declared: Politics be damned. $20 billion less than what the adminis- In 1981, Republican leader Howard Let’s consider what is best for the men tration intends to ask from the Con- Baker of Tennessee had the oppor- and women and their families and chil- gress, and only enough to finance the tunity to use reconciliation to pass dren. first 6 months of the 5-year span in the President Reagan’s tax-cut package. The debate about budget deficits is budget resolution. Did he use it to do so? No. He chose in- taking place all across this country. The deficits embraced by this budget stead to allow the tax cut to be Ironically, the one place where debate resolution will prevent the Congress brought before the Senate as a free- is discouraged on this matter is right from allocating any money to address standing bill and fully debated. He said here in this so-called greatest delibera- the threat to the Social Security sys- at the time, and I quote Howard Baker: tive body in the world today. The tax tem, even though the Social Security Aside from its salutary impact on the cut reconciliation instructions in this actuaries estimate $1 trillion will be budget, reconciliation also has implications budget resolution would stifle a debate needed to finance the transition costs for the Senate as an institution . . . when it is most needed. under the options proposed by the I believe that including such extraneous After 3 years of tax cuts and prom- President’s Social Security Commis- provisions in a reconciliation bill would be ises of job growth, the country has not sion. harmful to the character of the Senate. It reaped the benefits of those promises. Reconciliation protects additional would cause such material to be considered tax cuts from public discussion about under time and germaneness provisions that We can tout higher economic growth impede the full exercise of minority rights. rates. We can tout higher productivity. the size of the financial burden that But none of these statistics mean any- will be passed on to our children and Now, that was an extraordinary thing to an unemployed worker. So far our grandchildren, and it leaves hang- statement of extraordinary vision by there seems to be no robust connection ing questions about deficit and debt an extraordinary Senator, Howard between these particular tax cuts and and balanced budgets that are clearly Baker of Tennessee. Let me read it job creation. on the minds of the American people. again, and I quote him: Since January 2001, 2.2 million jobs We have hard choices to make that Aside from its salutary impact on the have been lost. The manufacturing sec- may bring to bear enormous change in budget, reconciliation also has implications our Nation. We should not do so si- for the Senate as an institution . . . I believe tor has endured 43 straight months of that including such extraneous provisions in job loss. Discouraged workers are drop- lently. This is no time to sweep prob- a reconciliation bill would be harmful to the ping out of the labor pool at a rate of lems under the rug. At the very least, character of the Senate. It would cause such 100,000 per week. One million jobs have we have a duty to the future to discuss material to be considered under time and been lost overseas. Countless workers, and debate so that the public, the peo- germaneness provisions that impede the full white-collar workers and blue-collar ple out there looking at us through exercise of minority rights. workers, are worried that their own those electronic eyes behind that Pre- That was a statement by a states- jobs may be next. siding Officer’s chair will know our man. For almost 20 years, the Senate The only thing we know for sure at reasoning and hold us responsible, hold exercised restraint with regard to the this point is that tax cuts over the past us accountable. We should lay down a reconciliation process, and until 1995 3 years have contributed to an explo- record so that, if in the end our choices the reconciliation process served as a sion in debt. Just look at page 189 in are right, they may have in our exam- helpful mechanism for deficit reduc- the historical tables of the President’s ple a good and steady guide and they tion. Since then, the process has been budget. After dropping to a low of $5.6 may then say, ‘‘Well done, thou good twisted and contorted by those who trillion in the fiscal year 2000, the gross and faithful servant. . . .’’ and so on. find its limitations on debate and Federal debt has increased to $5.8 tril- But, also so if destiny so transpires amendment too enticing to resist, lion in the fiscal year 2001 to $6.2 tril- that our choices were wrong, others using it to advance a partisan agenda. lion in the fiscal year 2002 to $6.8 tril- will not repeat our mistakes. The country is the worse for that leg- lion in the fiscal year 2003, and it will If we have learned nothing else from islative opportunism. Would that How- continue to increase to an estimated the events of the past year, we cer- ard Baker could again speak from these $10.6 trillion in the fiscal year 2009. tainly should have learned the absolute desks. These figures are beyond all com- necessity of debate in our democratic Today, the White House is projecting prehension. Republic. We should have learned the deficits at an alarming $521 billion for It is not just election year rhetoric. folly of failing to ask questions, of fail- the fiscal year 2004. To pay for its tax The IMF, the GAO, and the Federal Re- ing to probe and to delve, failing to do cuts, the Bush administration is spend- serve are all in agreement that deficits our duty as the elected representatives ing every dime of the Social Security do matter, and they are threatening to of the people of this great Republic. I

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.087 S10PT1 S2500 CONGRESSIONAL RECORD — SENATE March 10, 2004 would think by now we should have As a matter of fact, one of my a jobs growth bill. To help the economy learned the dire consequences of our fondest moments, I will tell my friend we did it, and frankly it worked. If we failure to insist on debate. The Senate from West Virginia, in my tenure as hadn’t used reconciliation last year, it must not shirk its responsibility to en- Budget chairman, occurred last year. wouldn’t have passed. The only reason gage in debate about these issues. We were in the process of marking up I was advocating, reluctantly, that we With the American public, according the budget. My first grandson was use the reconciliation process to pass it to recent polls, in such stark disagree- born. That happens to be day after to- was because I thought it was the only ment with the current course of our morrow I celebrate his birth. You ac- way we could pass it. In days of old, Nation’s economic and budget policies, knowledged it with a very nice poem, you could pass legislation in the Sen- it is time for the Senate at long last to and I want to thank you for that. ate with a majority vote, but a lot of finally engage in an honest debate Mr. BYRD. Will the Senator yield? times people think we need to have 60 about the fiscal course laid out by this Mr. NICKLES. I will be happy to votes to pass everything. I think that administration. yield. is a serious mistake. The tax bill we In recent weeks the chairman of the Mr. BYRD. You know, my wife and I did pass last year did cut taxes on divi- Budget Committee has expressed his are the proud possessors of two great- dends. desire to address the expiring child grandchildren, just within the last We used to tax corporate dividends credit, the marriage penalty, and the month. The distinguished chairman’s higher than any other country in the 10-percent bracket tax cuts through grandson, and Erma’s and my great- world. We slashed that tax by half—in the regular legislative process. The grandchildren, each of them owes, as of some cases more than half—and it chairman of the Finance Committee this past Monday, $24,253.36 on the na- worked. We cut the capital gains rate has indicated his belief that including tional debt of the United States. My from 20 percent to 15 percent, and it those tax cuts in the reconciliation bill amendment is for the purpose of keep- worked. We set the maximum rate for would create a needlessly partisan de- ing down this debt and not increasing individuals as the same rate for cor- bate. the deficit. porations—35 percent—and it has Mr. NICKLES. I appreciate my col- The Senate needs time to explore worked. The economy really did start league’s comment. I appreciate the ear- these views. While these reconciliation to move. The reconciliation process nestness with which he says it and instructions are viewed by some as and expedited procedure helped us to only a backup plan if both the House makes his case very forcefully, but I do things that, frankly, in the past we and Senate pass a budget resolution am going to urge the opposite side. couldn’t have done under normal proce- with tax reconciliation instructions, Let me say, I don’t totally disagree dures. The only way to make sure the decision about whether to use rec- with my friend and colleague from there is not a tax increase on my onciliation may be taken out of our West Virginia. I regret it appears we daughter and, frankly, on my grandson hands. The House can force us to take probably need reconciliation at times is to make sure we have reconciliation. up a reconciliation bill in the Senate to get things done in the Senate. My colleague from West Virginia opined I appreciate Senator BYRD saying the containing tax cuts. amount of debt per child born today is The American public deserves the op- about the great days years past when very significant. I want to reduce that. portunity to better understand how Howard Baker was majority leader. I We have a budget that is the most sig- these tax cuts will affect our mounting remember that very well. I remember nificant deficit reduction package be- budget deficits, and to probe whether passing great tax bills. We actually fore this Senate in years—maybe dec- these tax cuts should be offset. We passed a tax bill in 1981, and in 1986—by ades, maybe ever. We take a $477 bil- should allow the Senate to have its de- 1988 the maximum tax bracket went lion deficit and reduce it in half in a bate, not stifle it. from 70 percent to 28 percent. The Sen- That is the issue on which we will ator from West Virginia is right, it couple or three years. That is not eas- vote. A vote to strike the reconcili- wasn’t done under reconciliation. ily done. I don’t think we should raise ation instructions is a vote to allow But I also say the climate was much taxes on American families by not hav- the Senate to engage in an informed better in the Senate. There was a lot ing this reconciliation process. I am debate. That is what I want. I want an more cooperation in the Senate. The afraid that is what will happen. Some people say you want to give ad- informed debate. That is why I am sug- Senate was more civil and I wish the ditional tax cuts. The truth is, we want gesting we strike these instructions, so Senate would return to those days. I to keep the tax cuts that are now in we may engage in an informed debate hope we don’t need reconciliation to law. We don’t want to have tax in- about how to prevent the further deep- pass the bills we are advocating or en- creases on American families. If we ening of the deficit, and a further wors- couraging the Finance Committee to don’t have this reconciliation process, ening of the bitter atmosphere that do. I think it should be able to be done that may well happen. It may be that has, regrettably, engulfed this body. without reconciliation, if the Senate I urge Senators to vote to strike the would work the way it should work. some Members, for partisan reasons or tax cut reconciliation instructions. The Senator from West Virginia whatever, would say: I just do not want I ask unanimous consent to add Sen- knows, though, things have changed. that to happen. I know President Bush ators CONRAD and BAUCUS as cospon- Unfortunately things have changed a really wants it, and, therefore, they sors of my amendment. lot in the Senate. We used to not have might work hard to see that it doesn’t The PRESIDING OFFICER. Without filibusters on judges, never had them in happen. What happens if that is the objection, it is so ordered. the history of the Senate. Now we have case? If the tax bill, which is current Mr. BYRD. I ask unanimous consent six individuals we can’t confirm be- law, is not extended, there will be a tax to reserve the remainder of my time. cause they happen to be nominated to increase on American families. How much time do I have? an appellate court. To give you an example, a couple The PRESIDING OFFICER. The We have a situation today where we that has taxable income of $58,100— sponsor of the amendment controls an can’t even get bills, in some cases that that is not a particularly wealthy fam- additional 8 minutes. The majority bill have been approved by the entire Sen- ily; I think most of us would say that manager controls 30 minutes. ate unanimously—we can’t even get is a middle-income family—this year, Mr. BYRD. I thank the Chair. conferees appointed. Senator ENZI from under present law, will pay $6,000. If we The PRESIDING OFFICER. The Sen- Wyoming sponsored a bill that has don’t keep present law, their taxes will ator from Oklahoma. strong bipartisan support. The Work- increase to $7,600; that is for a family Mr. NICKLES. Mr. President, I com- force Reinvestment Act passed the of four. pliment my friend and colleague from Senate unanimously, and we can’t get I will outline it. With the provisions West Virginia. He is my friend. He is a conferees appointed. that we are assuming in reconciliation, valued member of the Budget Com- I am troubled by how difficult it is or the Finance Committee can reconcile mittee. He has been on the committee how partisan it is to do a lot of work in anything. If we give them $80 billion for a couple of years, and I very much the Senate. and say, reconcile the tax reduction, enjoyed his participation with us on Last year, yes, we used reconciliation we are assuming—presuming maybe— the Budget Committee. to pass a tax bill and the tax bill was they would extend present law. We are

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.090 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2501 not trying to cut taxes further than We are assuming, according to the as to limiting debate. Clearly, unlimited de- they are in the year 2000. We are just Congressional Budget Office, almost $12 bate is the prerogative of the Senate. That is trying to keep the present tax law from trillion of revenues to be generated to greatly modified under this process. I have increasing. If we don’t do it, they will grown to understand that this institution, the Federal Government under present while it has a lot of shortcomings, has some find with the tax credit we have now law over the next 5 years—$12 trillion. qualities that are rather exceptional. One of that the $1,000 a child goes to $700. I will tell my colleague from West Vir- those is the fact that it is an extremely free That is a $300 tax increase on that fam- ginia that we are only reconciling $81 institution, that we are free to offer amend- ily. If they have two kids, that is $600. billion out of $12 trillion. ments, that we are free to take as much time If they have four kids, that is $1,200. Again, I don’t consider that new as this U.S. Senate will let us to debate and Last year we also did something that taxes. That is extending present law have those issues thoroughly understood both here and across the country. a lot of people do not understand but it for American families—for low-income is very significant in the Tax Code. We and middle-income American families Finally, the simple fact is, the rec- onciliation instruction in this budget have the most significant reduction in primarily. They will be the big bene- resolution doesn’t assure that those the marriage penalty—the imposition ficiaries of this. tax cuts—the middle-class tax cuts— of taxes on people and penalizing them I have the greatest respect for my will be the ones that are, in fact, because of the fact they are married. It colleague and friend from West Vir- is a higher income tax on couples as brought back to us by the Finance ginia. But I urge our colleagues to vote Committee. We all know the budget compared to individuals. We have the no on the amendment to strike rec- most significant reduction of that tax resolution does not make the specific onciliation because this is our resource decisions of how the revenue is raised in history. We basically said for at if people are obstructing passing bills. least the couple they should pay the 15- by the Finance Committee. It seems to be more prevalent all the The chairman of the committee has percent bracket. Basically they should time in the Senate today. Let us main- have to double the amount of income said over and over in the Senate, we do tain some protection for the American not control the specifics of what the that an individual has on the 15-per- taxpayer by using reconciliation, if we cent bracket. It should be doubled for Finance Committee does. All this rec- have to. We can make sure these tax couples. Individuals who have taxable onciliation instruction does is give $80 increases of $1,600 or $2,200 for a family income pay at the 15-percent bracket— billion to the Finance Committee. of four do not happen. Let us not sad- taxable income up to $29,000. We say They can use it for any tax-cutting dle American couples with a $900 tax that should be $58,100 for a couple. purpose. If we don’t extend present law, they increase. Let us make sure we protect Again, we can have an extension of will have a tax increase of $900. They taxpayers and American families. I am the middle-class tax cuts, $1,000 child will be paying 25 percent, not on in- afraid, unfortunately, we need rec- credit, and 10-percent bracket, the come above $58,100. They will be paying onciliation as an option to make sure marriage penalty relief without the 25 percent above any income above they aren’t faced with a big tax in- blunderbuss of reconciliation. $42,000. That is a $900 tax increase, if we crease. The PRESIDING OFFICER. The time of the Senator has expired. don’t extend present law for a married I yield the floor. The PRESIDING OFFICER. The Sen- The Senator from Oklahoma. couple. Mr. NICKLES. Mr. President, I will My father-in-law and mother-in-law ator from North Dakota. Mr. CONRAD. Mr. President, may I be brief with a couple of comments. are both retired. Their income is in According to the Department of the this category. I don’t want them to get 3 minutes? Mr. BYRD. I yield 3 minutes. Treasury, if Senator CONRAD is correct, have a $900 tax increase. I don’t want we give the Finance Committee an in- Mr. CONRAD. Mr. President, let me my son and my son-in-law and my struction and they can do whatever say we don’t need the reconciliation daughter to have a $900 increase. I they want, but these three provisions I process to extend the middle-class tax want them to be able to get a $1,000 tax mention are the only ones that expire cut the chairman has referenced. I sup- credit. It costs a lot of money now- at the end of this year that have a lot adays to raise children and to educate port and I will work to get votes to ex- of popular support because they affect children. tend the $1,000 childcare credit, to ex- millions of people. We also have an expansion of the 10- tend the marriage penalty relief, and The Treasury Department says if percent bracket as well. More people to extend the 10-percent bracket. I am these are not extended, 94 million tax- pay more who have a greater amount absolutely confident that we can get payers would receive an average tax in- of income. They pay a 10-percent tax the votes to do that outside of rec- crease of $538 if we do not extend these instead of 15 percent. That tax rate onciliation. three. Seventy million women would used to be 15 percent and was reduced What is wrong here is to use rec- see their taxes increase on average to 10 percent, and we expanded the onciliation for tax cuts. Reconcili- $662. Forty-six million married couples, amount of income covered under that. ation, which is a fast-track process in including my son-in-law and daughter, To make sure people understand, we the Senate that limits our right to de- including my father-in-law and moth- are trying to extend present law to bate, that limits our right to amend, is er-in-law, 46 million married couples make sure that a couple with a taxable used for something other than deficit would pay on average an additional income of $58,100 will not have a $1,600 reduction. The only reason Senators $906 in taxes. Thirty-eight million fam- tax increase if they have two kids. If agreed to give up their basic rights was ilies with children would incur an aver- they have four kids, it would be a $2,200 because we were in a crisis that re- age tax increase of $902. Eight million tax increase. I didn’t want that to hap- quired deficit reduction. This is adding single women with children will see pen to American families. to the deficit—not reducing it. The their taxes increase on average by $368. One way of making sure it doesn’t chairman said this budget before us has Eleven million elderly taxpayers would happen is to have reconciliation pro- a record amount of deficit reduction. pay on average an additional $383. I tection so we can pass a bill. If we get This budget before us has a record could go on. bogged down politically and Senator amount of debt increase. This budget This is important to protect these GRASSLEY and Senator BAUCUS can’t before us will increase the debt of the families, these citizens, these women, get it worked out, if there are endless United States by $2.86 trillion over the these children from a tax increase. I amendments and people will say we are next 5 years. am afraid that reconciliation is the going to keep amending this thing for- The former Budget Committee chair- only tool we can have to almost assure ever, you will never get an agreement man, Senator DOMENICI, said this about them they will not be straddled with a to finish it. It is nice to have at least reconciliation: big tax increase for next year. in the arsenal to get things done a rec- Frankly, as chairman of the Budget Com- I reserve the remainder of my time. onciliation process where it can guar- mittee, I am aware of how beneficial rec- Mr. BYRD. Mr. President, how much antee that we don’t increase taxes on onciliation can be to deficit reduction. But I time remains? American families. That is why this am also totally aware of what can happen The PRESIDING OFFICER. The Sen- reconciliation provision is in there. It when we choose to use this kind of process to ator from West Virginia controls an ad- is not a lot of money. basically get around the Rules of the Senate ditional 5 minutes.

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.092 S10PT1 S2502 CONGRESSIONAL RECORD — SENATE March 10, 2004 Mr. BYRD. I thank the Chair. we all want to extend. It does not do bility, that moral obligation, by say- The distinguished chairman has al- that. It does not prevent those tax ing, sure, we are going to extend the luded to the sometimes ill will that ex- cuts. It does not prevent Congress from tax cuts, as well we should, but we are ists increasingly within our own prem- enacting an extension of those tax cuts going to do it in a responsible way; we ises. That ill will is often engendered that we all want to extend. This are not going to add to the budget def- by the meddling of the White House. amendment has no effect on that. icit; we are not going to add to the The White House should not meddle in What does it do? It says we should debt. It is the only right thing to do. I the business of the Congress. Congress not use the regular Senate rules in de- urge my colleagues, therefore, to pay should pass bills and the President can ciding whether to extend and how to very close attention to the Senator’s decide whether to sign or to veto them. extend the middle-income tax cuts; amendment and to adopt it. Last year, the President stepped in that is, the child tax credit, the mar- I might add, there are other issues. I late in the debate on the Omnibus ap- riage penalty, and the 10-percent do not think these have been thought propriations bill and forced the con- bracket. It says no, create a special through very much. Let me just ex- ferees to drop protection for workers to rule. Do not use the regular order, the plain. earn overtime. He forced us to change regular standing rules of the Senate in The budget resolution instructs the the media ownership rules in order to determining how and in what way we Finance Committee to decrease reve- protect large corporate interests. We extend those middle-income tax cred- nues by $80.6 billion. This is intended should not allow the President to force its. This amendment does say do not do to cover the extension, as I mentioned, the Congress to consider legislation that. And Congress will extend those of expiring middle-class tax cuts—the through reconciliation. middle-income tax cuts. That is not 10-percent bracket, the marriage pen- Moreover, I say to my friend from the issue. We are going to do that. alty, and the child tax credit. The in- Oklahoma, this amendment is not The issue is twofold. One is, should struction for this tax bill does not, about tax cuts. It is about paying for we pay for them or not? That is the however, include any instructions to tax cuts. This budget resolution as- issue. And there are lots of ways we increase outlays. sumes that our gross debt will grow to could pay for it, lots of ways that are Why is that important? It is very im- $10.6 trillion by 2009. This resolution virtually painless. What are those vir- portant. It is an instruction for tax does nothing to address the staggering tually painless ways? Closing a lot of cuts. Why am I saying we need to also debt. In fact, it assumes $144 billion of tax loopholes. There are countless tax increase outlays? It is not called for in additional tax cuts with $81 billion of loopholes that we can pass very quick- the budget reconciliation provision. I tax cuts cloaked within the protection ly, shelters that are ripping off Amer- say so because these specific tax cuts of reconciliation. We should insist on a ican taxpayers, post-Enron provisions. also require outlays. That is because full debate on whether these tax cuts There are a host of them. We talk there is a refundable part of these tax should be paid for. about SILOs, for example. We know we cuts. Let me explain it. We do not need reconciliation to get are about to find in the Finance Com- The child tax credit provides a $1,000 things done. In 1981, we passed Presi- mittee other shelters being used that per child tax credit for low- and mid- dent Reagan’s tax cuts without rec- are not widely known. dle-income families. There are some onciliation. Reconciliation was de- That is why we are saying this is a working, low-income families that do signed to pass difficult legislation that two-for. We are saying to extend the not have income tax liability that this would help to reduce the deficit. It was middle-income tax credits, tax provi- credit can be used to offset. Even so, not designed to pass tax cuts. We are sions, child tax cut, and the 10-percent they are out there working every day facing huge deficits. We should have an bracket, and at the same time we are paying a good chunk of their paycheck opportunity to actually debate whether going to clamp down on some tax loop- in payroll taxes. For these families additional tax cuts should be paid for. holes. I am not being facetious or jok- whose income does not qualify, we pro- May I say to my chairman, I respect ing about this. This is real. There are vide, in the law today, as you know, a him greatly. I am sorry he has volun- immense loopholes we can and should refundable child tax credit. They do tarily elected to leave the Senate and close down. I know the Presiding Offi- not have the income liability to offset, not chair the committee. I have tre- cer agrees, as most Members would so they get a refund from the Treasury, mendous admiration for him. I have al- agree. This is a two-for. and this scores for budget purposes as ways enjoyed his friendship and my as- We are saying, let’s get that two-for, an outlay. sociations with him, and I shall long get both of those passed. And we have These reconciliation instructions tell miss him. to pass the amendment of the Senator us to extend the child tax credit. But I hope, on the note on which we have from West Virginia to do that; other- we know that if we extended the child been playing, Senators will support my wise, we are saying change the Senate tax credit for all the families that cur- amendment. rules, extend these tax cuts but do not rently receive it, it would take about Does my chairman wish any further pay for them, do not enact those shel- $20 billion in outlays. But the rec- time? onciliation instruction fails to include Mr. CONRAD. How much time? ters. The PRESIDING OFFICER. The Sen- I also add, we have a moral obliga- this. It does not even mention it. In tion. fact, by definition, therefore, we can- ator from West Virginia controls 11⁄2 minutes. We have a moral obligation, I be- not increase outlays. Mr. BYRD. I yield that time to my lieve, as Senators, as representatives of So what does this mean? The best I chairman. our people, to leave this place in as can figure it, it means we should ex- Mr. CONRAD. I thank the Senator. good a shape or better shape than we tend the tax cuts for all families—ex- I yield 51⁄2 minutes off the resolution found it. That pertains to the environ- cept for the working poor. If middle-in- and the minute and a half that we have ment. That pertains to the budgets. come families deserve to get the $1,000 in addition for a total of 7 minutes to That pertains to all we do. We are en- child tax credit next year, then why the Senator from Montana, the rank- trusted with such responsibility as U.S. not low-income families? ing member of the Senate Finance Senators. We have heard many times this week: Committee. And, my Lord, it seems to me, right Families should not see their taxes in- The PRESIDING OFFICER. The Sen- off the top, at the very least, we could crease next year. We should extend the ator from Montana. cut back on the irresponsible, large current tax relief. So why does this Mr. BAUCUS. Mr. President, all deficits and debts we are going to be budget leave the working poor families Members ought to think and reflect leaving our children and our grand- behind? upon this amendment and how impor- children. That is a moral obligation There are about 26 million families tant this amendment is. First of all, let you have, I have, and each Member of that receive the child tax credit. About me explain what this amendment does this body has. 8 million of these families receive some and what it does not do. By adopting the amendment of the refundable credit. That is almost one- What does it not do? It does not pre- Senator from West Virginia, we can quarter of all child tax credit recipi- vent any of the middle-income tax cuts make good on that moral responsi- ents, families making between $10,500

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.096 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2503 and $26,000. Three-quarters of families I urge my colleagues to support the the other side of the aisle about tax re- deserve an extension of the full child amendment of the Senator from West lief and about reconciliation. Let me credit but not the remaining one-quar- Virginia. It is the right thing to do. say to those who are worried about this ter? This does not make sense. Give me The PRESIDING OFFICER. The Sen- instruction, I, as chairman of the Sen- a break. ator’s time has expired. ate Finance Committee, plan to use Who are the families that will be left Who yields time? this as a backstop, not as my primary behind? Let’s think about that a sec- Mr. GRASSLEY. Mr. President, I tool. ond. A single mother of one, making yield myself up to 15 minutes of our 17 My hope is that we deliver family tax $17,000 a year is left behind. A couple, minutes for remarks I will have on the relief through regular order. I will not both working full time at minimum subject. use this instruction, should it survive wage is left behind. What other type of The PRESIDING OFFICER. The Sen- this vote in conference, unless we have family is going to be left behind? Mili- ator from Iowa. to. We have reconciled tax cuts on sev- tary families. There are a couple rea- Mr. GRASSLEY. Mr. President, first eral occasions—1995, 1997, 1999, 2001, and sons for this. of all, I think, based upon my close we did it last year. The PRESIDING OFFICER. The Sen- working relationship with the Senator The opposition is not based on prece- ator’s time has expired. from Montana and our work on guiding dent. The precedent is very clear. The Mr. BAUCUS. Mr. President, I ask the Finance Committee, from what he measures we are talking about are sup- unanimous consent for 2 additional said, I have just one disagreement with ported on both sides of the aisle. I am minutes. his position. I think the difference be- talking about the child tax credit, the Mr. CONRAD. Mr. President, I give tween what he said and the position I marriage penalty relief, and expansion the Senator 2 minutes off the resolu- am taking is that I, myself, as leader of of the 10-percent bracket. tion. the committee, want to do things Let’s be clear. If the Congress does The PRESIDING OFFICER. Is there through regular order. I think we can not act, we are talking about a tax in- objection? do things through regular order. crease for nearly every American who Without objection, it is so ordered. But just in case we cannot, since this pays taxes. It will also help out a lot of The Senator is recognized. tax policy is so important to working low-income families with a refundable Mr. BAUCUS. Why are military fami- men and women—not increasing their child tax credit, if we can deliver this lies left behind under this reconcili- taxes next year is so important—I want relief. That is another thing I would ation instruction? the insurance policy a reconciliation suggest to people on the other side. If First, there are many military fami- package gives us, just in case there is they want a refundable child credit and lies that have incomes between $10,000 something unpredictable out there. we get into a hassle where it cannot be and $26,000 a year. Roughly, 200,000 Now, I do not think I would have said done through regular order, it would military personnel fall within this in- that same thing in 2001, I would not seem to me they would want to have a come range. They all get the refund- have said that same thing in 2003, process of reconciliation because it able child tax credit. But under the where I believed we needed to abso- guarantees finality. You never get any- reconciliation provisions, which the lutely pass something that was going thing until you get to the finality of Senator from West Virginia wishes to to be so controversial that it would not votes. delete, they would be left behind. They pass maybe except by reconciliation. A bigger tax credit is a better tax do not get any help. In this particular case, I believe we credit. A tax benefit under Second, there are many military per- are going to have the spirit, the bipar- refundability of $300 per child means a sonnel with higher incomes who re- tisanship to get this stuff done without lot to hard-working men and women in ceive the refundable child tax credit. going through reconciliation. So I my State, and every State. Keep in But why do the higher income people think that is the only place I disagree mind the opposition has no problem receive the refundable child tax credit? with my colleague. In other words, I with raising taxes in reconciliation. That is because they have been called am speaking for the budget resolution Somehow that is OK. It has been done to serve in combat zones. Why is that as it came out of the Budget Com- many times. If the 1993 Clinton tax in- relevant? Well, the income military mittee. crease were repealed today, it would personnel receive when they are in a But what we are setting the stage for score over $1 trillion over 10 years. Who combat zone does not count for income is a debate on whether the Finance is to say that a $1 trillion tax increase tax purposes. That means it also does Committee will have an opportunity to is appropriate in reconciliation, that not count for purposes of determining reduce taxes for families and children somehow you can use the process of the child tax credit. How many are or, in this particular case where we al- reconciliation guaranteeing finality, those? At least 40,000. So even though ready have these tax reductions in cutting off debate after 20 hours, OK, if these families make more than the place, to keep them from automati- you want to raise taxes. That would be $26,000, they are receiving the refund- cally, without a vote of the Congress, for a $1 trillion tax increase. But some- able child tax credit because they are going up next year. how it is wrong to do it for a $90 billion in a combat zone. I want to underscore the word ‘‘op- tax reduction. Democrats, in 1993, used So roughly a quarter of a million portunity,’’ because that is what this reconciliation—within their rights military families are being cut out by debate is all about today on the budget from our view—to further their Presi- the Budget Committee’s reconciliation resolution, an opportunity—with some dent’s program, a partisanly designed instructions. Families that receive the assurance because of reconciliation as major tax increase. Eleven years later, refundable credit simply because they a shotgun behind the door—for tax re- we are faced with a different situation, are serving in a combat zone or simply duction. though I am hopeful more than one because they are serving in the mili- This vote is not about the tax reduc- Member on the other side will support tary—all these families will be left be- tion itself. That debate and vote will the final product. Republicans, by a hind. come later, on the product of our com- razor-thin edge, control the Congress We all agree, extending the child tax mittee, the Finance Committee, when and have a President of our party in credit is critical. So why are so many we mark up tax reduction legislation. the White House. families being excluded? This vote today is about whether we I want to make another point that, This reconciliation instruction will will consider the tax reduction under for those of us on this side of the aisle, not work the way it should. It is not reconciliation or the possibility of is very compelling, especially in the right to cut so many low-income people using reconciliation because reconcili- context of our side’s concessions in the off and out of the child tax credit. That ation, just plain and simple, as we sit power-sharing agreement. We believe is wrong. So let’s work together. Let’s here today, is the only way that we can the Byrd amendment should not be use the regular order and the Senate guarantee tax relief to the American necessary. Reconciliation affords us a rules so we can fix some of these dis- people in a timely fashion. backstop to ensure that tax relief stays crepancies that exist in the current Now, there have been some very in place. I hope the Finance Committee budget resolution. strong statements made by some on will not need reconciliation. Hopefully,

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.099 S10PT1 S2504 CONGRESSIONAL RECORD — SENATE March 10, 2004 one way or the other, we will get this Senator GRASSLEY. I compliment him Mr. President, I yield back the re- tax relief. for his work and his speech. He is ex- mainder of our time on the underlying A vote against the Byrd amendment actly right. amendment. is a vote for an insurance policy that I want to help American families. Mr. NICKLES. Mr. President, I be- tax relief will get to American fami- That is the reason we want to preserve lieve the regular order would be to rec- lies. this option. I compliment Senator ognize Senator WARNER for his amend- In closing, I point out this would be GRASSLEY. I urge our colleagues to ment. a hypothetical family, but presently vote no on the Byrd amendment when The PRESIDING OFFICER (Mr. for the year 2004, this family would be we vote. SMITH). Under the previous order, the paying $6,000 a year in taxes. If we For the information of our col- Senator from Virginia is recognized to don’t do anything before this year is leagues, I expect we will have three offer an amendment. out, then automatically certain provi- rollcall votes probably at 6 o’clock. Mr. WARNER. I thank the Chair. sions are going to expire. This family, I yield back the remainder of our Mr. NICKLES. If the Senator will starting January 1, 2005, is going to be time on this amendment. yield for a moment, I suggest the ab- hit with a 26-percent tax increase. You Mr. CONRAD. Might I just take 30 sence of a quorum. can see it would go up $600 because the seconds off the resolution? The PRESIDING OFFICER. The $1,000-per-child tax credit would expire. Mr. NICKLES. I will withhold. clerk will call the roll. When the marriage penalty relief ex- The PRESIDING OFFICER. Without The legislative clerk proceeded to pires, that family is going to pay $911 objection, it is so ordered. call the roll. more. Why? Just because they are mar- Mr. CONRAD. May I say to my col- Mr. CONRAD. Mr. President, I ask ried. If they weren’t married, they leagues, I have not heard a single Sen- unanimous consent that the order for wouldn’t be stuck with this, if they ator who is opposed to extending the the quorum call be rescinded. were filing separately. Then because middle-class tax cuts. I have not heard The PRESIDING OFFICER. Without they are going to have expiration of a single Senator who is opposed. There objection, it is so ordered. Mr. CONRAD. Momentarily, we will the 10-percent bracket expansion, they is no need for this reconciliation in- be considering an amendment with re- will pay $100 more. That is $1,611 more struction for the purposes of tax reduc- spect to the defense budget for the in taxes because of inaction by this tion. The fact is, this budget resolution year. That is being worked out now, Congress. does not assure the money will be used That is wrong. We have a chance to for that purpose. We all know the Sen- and Senator WARNER will be here mo- do something about it. We ought to do ate budget resolution cannot compel mentarily. Perhaps he is almost ready. I wish to express the opinion that I something about it. I think we can do the Finance Committee to make any do not think it is wise to cut the Com- something about it in a bipartisan way specific decision. Again, I would just mander in Chief’s defense request when through regular order. But in case we say to my colleagues, I don’t know of a we are at war. I don’t think that is the cannot, because this body gets locked single Senator who is opposed to ex- right policy. I don’t think it sends the up too often—call it a filibuster, it is tending the middle-class tax cuts. right signal. I personally believe the locked up, no finality. It takes a 60- The PRESIDING OFFICER. The Sen- increase ought to be paid for. But I vote supermajority to overcome it; ator from Oklahoma. think we ought to increase the defense sometimes you can’t overcome it. Then Mr. NICKLES. Mr. President, I wish request to what the Commander in for this family, they ought to be enti- that was the case. But I would like to Chief has recommended when we are at tled to a reconciliation, shotgun, be- say that there has been a lot of poli- war. hind-the-door process so we can guar- tics. Maybe this is more a political year because of the election. We can’t With that, I see Senator WARNER, so antee them no tax increase. I will stop until he has made his pres- It is one thing for us to vote a tax in- even get conferees for the Workforce entation, and then we will have a fur- crease: it is another thing to have a tax Reinforcement Act, a bill that passed ther opportunity to discuss the pending increase because of inaction by this unanimously in the Senate. Yes, you might say everybody is in favor of it, amendment. Congress. That could happen. I don’t Mr. WARNER. Mr. President, I thank but people might find a reason not to want that to happen. It doesn’t have to the distinguished Senator from North give consent to pass it or they might happen this way. We can use regular Dakota. Momentarily, he is quite cor- say: I will pass it, but I want to offer order. But we ought to provide some rect, we will address that. amendments. And maybe those amend- assurance to this family that they This amendment raises the caps and ments would continue to be offered, don’t get a 26-percent increase in taxes. we do not have an offset in it. We be- more and more amendments. I yield the floor. lieve at this point in time the urgency Tax codes are interesting. The Sen- The PRESIDING OFFICER. Who of the matter dictates that we do just ator from North Dakota and I both yields time? what I hope the Senate will do by vir- The Senator from Oklahoma is ad- serve on the Finance Committee with tue of adoption of this amendment. vised he has 7 minutes remaining. Senator GRASSLEY. When you get a tax Momentarily, the Senator from Okla- Mr. NICKLES. I compliment my bill on the floor, you could have an un- homa will return to the floor and per- friend and colleague, the chairman of limited number of amendments. There haps the Senator will ask if we may the Finance Committee. He and I were are 100 Senators and probably every proceed. elected to the Senate together in 1980. one of us has different ideas on the Tax I suggest the absence of a quorum. We have been friends ever since. I abso- Code. We might start debating ethanol The PRESIDING OFFICER. The lutely love a person who has intensity subsidies because the Senator from clerk will call the roll. on issues. I love a person who likes to New Hampshire and others believe we The bill clerk proceeded to call the get things done. I love it when we actu- have overdone it on ethanol. Before roll. ally do something that makes Amer- you know it, we might not finish this Mr. CONRAD. Mr. President, I ask ican families better. bill. unanimous consent that the order for The tax bill we passed last year helps The chairman said he wants to make the quorum call be rescinded. American families. It helps this family sure we can get it finished one way or The PRESIDING OFFICER. Without with a taxable income of $58,000. I don’t another, to make assurances to those objection, it is so ordered. know how many times I have heard families who have kids, or those mar- Mr. CONRAD. Mr. President, par- that the tax cut is a tax cut for the ried couples, that they are going to liamentary inquiry: How is the time wealthy and the rich. That is hogwash. continue to keep the same taxes so being charged? This proves it. A married couple mak- they don’t have a tax increase. The PRESIDING OFFICER. Time is ing $58,000 in taxable income, if they This is not about tax cuts. This is being charged against the resolution. have two kids, saves $1,600. That is making sure they don’t have a tax in- The quorum calls are being equally di- real. That is significant. Frankly, it crease. The only way we can make sure vided. happened in large part because of the they don’t have tax increases is to de- Mr. CONRAD. We are not charging chairman of the Finance Committee, feat the Byrd amendment. time against the amendment then.

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.101 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2505 The PRESIDING OFFICER. That is speak with the understanding that the add $15 billion to $20 billion to the correct. time will, at a later moment, be taken budget for procurement alone without Mr. CONRAD. I do not want to take off the time of the amendment so we overfunding America’s military. I will action without consulting the other can try and stay on schedule. explain in a minute why we are in this side, and the chairman is not in the I thank the Chair. I thank my col- position. Chamber at the moment. So I will not league. The Army needs to be bigger. I sup- make a request at this point. Maybe if The PRESIDING OFFICER. The Sen- ported an amendment that was offered we can ask the floor staff to check if ator from Missouri. by the Senator from Rhode Island, Mr. we want to be charging time to the Mr. TALENT. Mr. President, I thank REED, last year to increase the size of amendment on an equal basis. I asked my friend from North Dakota for ac- the Army. I think it needs to be an- that question because we have tried to commodating me and allowing me to other 30,000 to 40,000 men and women. I carefully calibrate this so we would speak for a few minutes about the am pleased to say the administration is have a voting window starting at 6 amendment we all know is going to be moving in that direction now, at least o’clock. Maybe if people can check, and offered in a few minutes by our friend on a temporary basis, but that require- while that is being done, I will add a and colleague, Mr. WARNER from Vir- ment was not included in the Presi- few thoughts on this question. ginia. dent’s budget. Half of military housing I agree with Senator WARNER we I do thank and congratulate Chair- is inadequate. That was not provided ought to increase the defense alloca- man WARNER and also Chairman STE- for in the President’s budget. There are tion to the request of the Commander VENS, not just for producing this other quality-of-life needs we would in Chief when our troops are engaged in amendment I think is so important, like to meet. combat. I think that should be done. but also for their work over the years Many of us here would like to resolve I also believe we ought to pay for it. in sustaining America and keeping the issue of concurrent receipt, for ex- As I understand it, under Senator WAR- faith with the men and women who ample, so we can allow our military re- NER’s amendment, the increase will be keep faith with us every day and serve tirees who also have a military dis- made to increase the budget allocation us on the front lines and on the back ability pension to keep both their re- to the request by the President—I lines and throughout the world to keep tirement they earned and the disability agree with that—but it will not be paid our country safe. benefits they deserve. That is not in- for. With that I do not agree. When pre- I want to suggest to the Senate there cluded in the budget. I could go on on sented with a choice, I will vote to in- is no more serious amendment we will behalf of my belief that the $421 billion crease the spending to the request by consider in this debate on the budget the President has asked for is probably the Commander in Chief because I do than the one Senator WARNER is about too low. not think it is appropriate policy not to offer. Now, I am sure it will be said by to fully fund the Commander in Chief’s America is deeply engaged in the some in the debate on this amendment request when our troops are engaged in world in all respects, and it should be, that the President’s budget increases combat half a world away. Our troops it needs to be. It is a difficult task, but defense from last year by 7 percent and right now are engaged in direct combat it is one we bear every day as a nation that is too great. That is above the in Iraq and Afghanistan and, of course, in a lot of different ways. rate of inflation. Our spending on defense as a percent- in addition to that, we are engaged Yet despite all our other efforts, de- age of gross domestic product is less globally in the war on terror. That spite our diplomatic efforts, despite than it was prior to World War II. We does not mean we should not pay for our participation in international orga- spent 47 percent of our discretionary these additional expenditures. Already nizations, despite the coalitions we have built around the world, despite funds on defense in 2002 compared to 60 we see record budget deficits. percent in 1990, and we are at war. It is We see in this budget resolution the our foreign aid, despite our exhor- time for us to get as serious as the men debt of the country being increased by tations based on our philosophy, de- and women in America’s military are $2.86 trillion over the next 5 years. spite the power of our ideas, as impor- about winning this war. tant as all of that is, America’s secu- That is a stunning amount of money. I went into the Congress in 1993. It The assertion by some that the deficit rity and the security of our allies and was just after the outgoing first Bush is being reduced really pales in consid- our friends around the world depends administration had, in response to the eration and in comparison to what is and continues to depend on the reality cold war, cut the size of America’s happening to the debt. and the perception of our military military establishment by about a The increases in the debt under this power. quarter to establish what they called budget are simply staggering—$2.86 That is what is at stake in this the Bush base force, which, by the way, trillion over the next 5 years. That is amendment today. The President of is probably about what we need today, before the baby boomers retire, that is the United States has submitted a de- in my judgment. before the full cost of the President’s fense budget which states a require- The incoming Clinton administration tax cuts explode because they increase ment of $421 billion for the national de- then cut the size of the force an addi- geometrically right beyond the budget fense. In my judgment, that is quite tional 25 percent, to about a third, de- window. probably too low. I have argued for 10 pending on which branch of the service I would hope we would increase what years, first in the House and now in the we are talking about. I argued all is in the budget for our national de- Senate, that we are not adequately throughout the 1990s that we were not fense to the amount requested by the funding our defense establishment. funding even that undersized force ade- President, but we do it in a way that is I simply offer very briefly as evi- quately. paid for. I think that would be the dence of that the fact the Joint Chiefs All throughout those years, we were right approach. Unfortunately, Senator of Staff recently submitted, in response tacitly engaging in the assumption in WARNER’s amendment has half of that to a question from Congressman IKE this Congress that there was not any formula. He will have the increase in SKELTON, my old and dear friend from real threat to the United States; that funding but will not have the appro- the other body, about what their un- with the end of the cold war in some priate offsets. funded requirements were. In other sense history had ended as well. We will have a vote later on the ques- words, what are their requirements Well, history had not ended. It had tion of paying for this increase. I hope they were not able to get into the not ended all those years. It was just my colleagues are on notice on what President’s budget. frozen and it thawed out with a venge- this amendment will involve, and hope- They submitted $12 billion in un- ance on September 11. All the ethnic fully we will be on this amendment funded requirements, and that is just and regional rivalries of the world—fa- soon. their top priorities: $6 billion for the naticism, nationalism, extremism— I will withhold my request if the Sen- Army; $2.5 billion, roughly, for the have risen up now to threaten us and ator from Missouri wants to take some Navy; $2.5 billion for the Air Force. I once again we rediscover we do, indeed, time. Can we go on to the amendment think it is more than that, based on my need America’s military and we do, in- then? The Senator from Missouri will years of experience. I believe we could deed, need to fund it.

VerDate jul 14 2003 01:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.105 S10PT1 S2506 CONGRESSIONAL RECORD — SENATE March 10, 2004 The question today is whether we are mittee. An hour ago I left a hearing, slight amount of time used here in dis- going to be serious on behalf of that re- which I had the honor of chairing, of cussion on the amendment. One of the sponsibility. The force is too old. The the Seapower Subcommittee, where things that was discussed was the pos- reason it is too old is that all through- Senator KENNEDY is the ranking mem- sibility, perhaps, of charging that time out the 1990s we were not buying ber. We had several hours in which we to the amendment once we got on the enough new, what they call in the mili- considered the capacity of our military amendment so we could hold to the tary, platforms, trucks, and planes. to move goods around the world. One of schedule of being as close to 6 o’clock When the capital stock is not replen- the areas of jurisdiction of the sub- as we could be. Would that be agree- ished, it gets old. The average age of an committee is on airlift and the capac- able? aircraft in the U.S. Air Force is 22 ity of our marine resources, civilian Mr. WARNER. No objection. years; the bombers, over 40 years; Navy and military, to move goods around the Mr. NICKLES. Mr. President, how and Marine aircraft, 18 years. We do world. I was astounded, amazed, and much time had both sides used? not have enough ships in the Navy. We encouraged by how much we have im- The PRESIDING OFFICER. The Sen- have 294 ships in the Navy. The Chief of proved the efficiency of that part of the ator from Missouri used 11 minutes, Naval Operations, the Chief of Staff of service. We are all in debt to the men and the other side has not used any. the Navy, says we need 20 more today. and women who work there and who Mr. CONRAD. We did, actually. I His vision for the future is 375 ships, run that, both civilian and military. I spoke. and we are not buying enough to get us am pleased this Congress has sustained The PRESIDING OFFICER. Five there. We are not buying enough to their efforts, and I know we will sus- minutes? maintain a 300-ship Navy. tain the efforts of our men and women Mr. CONRAD. Yes. I could go on. I have done it before, in America’s military today. Mr. NICKLES. Mr. President, I ask at least when I served in the other They are doing their job. The ques- unanimous consent there be 40 minutes body. Some evening I will probably tion is whether we are going to do ours. on the amendment to be equally di- have occasion to spend 45 minutes or They are watching. Our enemies are vided. an hour discussing this. watching to see what the Senate does The PRESIDING OFFICER. Without To his credit, and in the face of the today. I am not sure exactly the form objection, it is so ordered. threat presented by the terrorist war, in which the Warner amendment will AMENDMENT NO. 2742 President Bush has regularly sub- be offered. I do know it will restore the Mr. WARNER. Mr. President, I send mitted substantial increases in the de- approximately $7 billion that the com- an amendment to the desk and ask for fense budget to this Congress. To its mittee reduced and cut from the Presi- its immediate consideration. credit, this Congress has supported dent’s submission. We need to pass that The PRESIDING OFFICER. The those increases. Along with the tre- amendment. We need to do our job in clerk will report. mendous dedication of America’s mili- winning this war and protecting the The assistant legislative clerk read tary and the vision and leadership of American people. as follows: those who are running it, it is helping. I yield the floor. We need to stay at least on that The Senator from Virginia [Mr. WARNER] Mr. CONRAD. I suggest the absence for himself and Mr. STEVENS, Mr. MCCAIN, course. of a quorum. Mr. INHOFE, Mr. ROBERTS, Ms. COLLINS, Mr. It would be almost a historical abdi- The PRESIDING OFFICER. The CHAMBLISS, Mr. GRAHAM of South Carolina, cation of our responsibilities were we clerk will call the roll. and Mr. TALENT, proposes an amendment not to provide for at least the amount The assistant legislative clerk pro- numbered 2742. of money the President of the United ceeded to call the roll. Mr. WARNER. I ask unanimous con- States has asked for America’s mili- Mr. NICKLES. Mr. President, I ask sent the reading of the amendment be tary while America’s military is fight- unanimous consent that the order for dispensed with. ing a war for us. the quorum call be rescinded. The PRESIDING OFFICER. Without The only argument against it is that The PRESIDING OFFICER. Without objection, it is so ordered. the deficit is a problem. Well, yes, the objection, it is so ordered. The amendment is as follows: deficit is a problem. We are in a war. Mr. NICKLES. I believe, under the (Purpose: To increase the amounts provided Members who do not believe that consent request that we had entered for national defense (050) for fiscal year should read about it. It is in the papers into previously, we have had debate on 2005 for new budget authority and for out- every day. We are in a war. We are also the reconciliation amendment by Sen- lays) in a recession. ator BYRD. I believe next in order On page 4, line 4 increase the amount by I have not gone back and checked the would be Senator WARNER to offer an $6,997,000,000. Almanacs but I cannot imagine a time amendment, and then Feingold on the On page 4, line 5, increase the amount by when the United States has been in a pay-go amendment. It is our intention $262,000,000. war and a recession and has not run a to vote on all three of these back to On page 4, line 6, increase the amount by deficit. If my colleagues are worried $358,000,000. back hopefully as close to 6 as possible. On page 4, line 7, increase the amount by about the deficit, let me suggest what We have had a little break, and I apolo- will increase the deficit: If we lose the $405,000,000. gize for that, but it would be our inten- On page 4, line 8, increase the amount by war, I guarantee that will increase the tion to try to have debate on both $432,000,000. deficit. We do not have to lose it; we amendments and vote as close to 6 as On page 4, line 12, increase the amount by just have to suffer another significant possible. $5,506,000,000. attack on our homeland, and it can I now yield to my friend and col- On page 4, line 13, increase the amount by $1,855,000,000. happen. That will increase the deficit. league Senator WARNER to manage our In fact, all we have to do is encourage On page 4, line 14, increase the amount by time on this amendment. $799,000,000. America’s enemies—and we have en- The PRESIDING OFFICER. The Sen- emies around the world—to believe On page 4, line 15, increase the amount by ator from Virginia. $550,000,000. that we will not see this through, that Mr. WARNER. Mr. President, it is my On page 4, line 16, increase the amount by we will retreat. I guarantee that will understanding that there is an hour $480,000,000. increase the deficit a lot more than the equally divided. Am I correct on that? On page 4, line 20, decrease the amount by amendment of the Senator from Vir- The PRESIDING OFFICER. The Sen- $5,506,000,000. ginia proposes to do. ator is correct. On page 4, line 21, decrease the amount by Let’s not be shortsighted. I have con- Mr. WARNER. Mr. President, I thank $1,855,000,000. fidence that this Senate will not be. I both managers of the bill for their co- On page 4, line 22, decrease the amount by do not want to sound like a scold; I $799,000,000. operation. On page 4, line 23, decrease the amount by really do not. I am proud of what the Mr. CONRAD. Will the Senator yield $550,000,000. Congress has done the last few years in for just a moment? On page 4, line 24, decrease the amount by supporting our military. Mr. WARNER. Yes. $480,000,000. I serve on the Armed Services Com- Mr. CONRAD. One of the things we On page 5, line 3, increase the amount by mittee. I am proud to be on that com- discussed, if I can say, is there was a $5,506,000,000.

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.107 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2507 On page 5, line 4, increase the amount by The President requested $420.7 billion plished this with unprecedented preci- $7,362,000,000. for defense-related activities for fiscal sion, and with casualties far below esti- On page 5, line 5, increase the amount by year 2005. That request includes fund- mates. This level of professionalism is $8,161,000,000. On page 5, line 6, increase the amount by ing for the Department of Defense, the what we have come to expect of our $8,711,000,000. defense activities of the Department of military. On page 5, line 7, increase the amount by Energy—that’s roughly two-thirds of Such expectations must be tempered $9,191,000,000. the total Department of Energy budg- by the realization that the magnificent On page 5, line 11, increase the amount by et—and a significant amount for the professionalism of our Armed Forces is $5,506,000,000. intelligence community. a product of strong leadership, patri- On page 5, line 12, increase the amount by Our military service chiefs—the otic young men and women, supportive $7,362,000,000. On page 5, line 13, increase the amount by Chief of Naval Operations, Chief of families, great American technology, $8,161,000,000. Staff of the Army, the Commandant of and strong, consistent resources. All of On page 5, line 14, increase the amount by the Marine Corps, Chief of Staff of the these things require the long term sup- $8,711,000,000. Air Force—all four service chiefs came port of the Congress in the form of On page 5, line 15, increase the amount by before the committee and asked that funding, guidance and support. $9,191,000,000. we authorize and obtain the full At a time of unprecedented demands On page 7, line 25, increase the amount by on our military, it is critical that we $6,900,000,000. amount requested by the President. On page 8, line 1, increase the amount by As you well know, having spent a provide our men and women in uni- $5,409,000,000. considerable portion of my career in form—active, reserve, and National On page 8, line 5, increase the amount by the Department of Defense, each year Guard—the funding they need to con- $1,594,000,000. the President goes to the Department tinue to successfully accomplish their On page 8, line 9, increase the amount by for their recommendations, a budget is missions. To meet the challenges we $442,000,000. made up and it is submitted and it fi- now face around the world, and to pre- On page 8, line 13, increase the amount by $145,000,000. nally is submitted to the Office of Man- pare for the future, the President has On page 8, line 17, increase the amount by agement and Budget on behalf of the proposed a budget that includes $420.7 $48,000,000. President and Congress. billion for national defense. It is a pru- On page 22, line 9, increase the amount by Recognition must be given that we dent request that maintains the readi- $97,000,000. are a nation at war. Those are the very ness of our current force and makes the On page 22, line 10, increase the amount by words used by our distinguished col- investments necessary to develop and $97,000,000. league, the manager of this bill, mo- On page 22, line 13, increase the amount by field the capabilities that will keep our $262,000,000. ments ago. Terrorists brought this war Nation safe from the uncertain threats On page 22, line 14, increase the amount by to our shores on September 11, 2001. of the future. $262,000,000. President Bush, together with a coali- We are blessed with a military that On page 22, line 17, increase the amount by tion of nations, responded forcefully has responded to the demands of a $358,000,000. and effectively. This Chamber provided post-September 11 world with extraor- On page 22, line 18, increase the amount by a resolution expressing support for the dinary commitment, but even the best $358,000,000. President to bring the war on ter- On page 22, line 21, increase the amount by military has its limits. The pace of re- $405,000,000. rorism to the terrorists. cent operations is putting increased de- On page 22, line 22, increase the amount by Hundreds of thousands of our service- mands on our forces around the world, $405,000,000. men and women are now deployed increased demands on our Reserve and On page 22, line 25, increase the amount by around the world defending our Nation National Guard units, and increased $432,000,000. in Operation Enduring Freedom, Oper- demands on military families. Our On page 23, line 1, increase the amount by ation Iraqi Freedom, and other mili- military has dedicated personnel—ac- $432,000,000. tary operations in the ongoing war on On page 39, line 18, increase the amount by tive duty, reserve, guard and retirees— $6,900,000,000. terrorism. Hundreds of thousands more and families who must be fairly com- On page 39, line 19, increase the amount by are forward deployed in Korea, the Bal- pensated with competitive pay and a $5,409,000,000. kans, at sea and elsewhere, protecting good quality of life. Our military has On page 40, line 2, increase the amount by American interests and deterring ag- equipment that has been heavily used $1,594,000,000. gression. in recent operations that must be re- Mr. WARNER. Mr. President, in this I wonder if our Nation realizes that paired or replaced, and new capabilities amendment, I am joined by Senator well over half of the United States that must be developed and procured to STEVENS, Senator MCCAIN, Senator Army today, some 320,000 men and meet future threats. And finally, our INHOFE, Senator ROBERTS, Senator COL- women, proud to wear the uniform of military has an aging infrastructure LINS, Senator CHAMBLISS, Senator the United States Army, are deployed that must be modernized. GRAHAM, Senator CRAIG, and Senator overseas, over half of the total stand- In my opinion, the President’s budget TALENT. ing Army—leaving their families be- request for defense has struck the prop- The amendment is very simple. It re- hind, going into harm’s way to protect er balance to accomplish these goals. stores funding for the Department of us. Others stand vigilant at our borders At this critical time in the war against Defense to the level requested by the and at our ports and in our skies here terror, when we are asking so much of President for fiscal year 2005. Specifi- at home. We have an obligation, in my our uniformed personnel and their fam- cally, this amendment will add $6.9 bil- judgment, to live up to the President’s ilies, and when we are seeking the con- lion to the level contained in the pend- budget request, which budget request tinued cooperation of our allies, what ing budget resolution for the national was carefully prepared in consultation message do we want to send? We must defense 050 budget function. with the Chiefs and other senior mem- send a message of continued commit- As we review our budget priorities bers of the defense force. ment and resolve by supporting the for the coming year, it is clear many What have our Armed Forces accom- level of funding for defense requested important programs must compete for plished in the last few years? The sim- by the President. Our military deserves limited resources. Hard choices must ple answer is, everything we have no less. be made. As we individually wrestle asked of them and more. They have At this time, Mr. President, I yield with the hard choices we must make, I confronted brutal regimes in Afghani- the floor and grant such time as the remind my colleagues we have no more stan, and Iraq and given the people of distinguished Senator from Alaska solemn responsibility than that im- those regions hope, and an opportunity may desire posed by the Constitution of the United to experience freedom and democracy. The PRESIDING OFFICER. The Sen- States and that is to provide for the In Iraq, together with a coalition of na- ator from Alaska. common defense of this great Nation, tions, they liberated a repressed na- Mr. STEVENS. Mr. President, in a the United States. This is the most im- tion—a country larger than Germany time of war, and we are at war—we are portant function of the Federal Gov- and Italy combined—in roughly 3 at war against terrorism; that’s the ernment. weeks. The Armed Forces accom- leading war we are still involved in; we

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.009 S10PT1 S2508 CONGRESSIONAL RECORD — SENATE March 10, 2004 have activities in Haiti; we have them Why don’t we cut $7 billion out of Alaska. Is this a Stevens-Warner in Afghanistan and they are persisting $47.9 billion in earmarked funds? That amendment at this point? in Iraq—it is my feeling the request of comes from the Congressional Research I just think we need to send a very the Commander in Chief should be met Service, up from $23.7 billion in 1996. clear message. When we are at war, in full, and that’s what this amend- Why don’t we show some courage, when our troops are in jeopardy, when ment does. It meets in full the request make some choices, and cut this, rath- they are in combat zones, when the of the President, submitted in his er than cutting $7 billion out of de- Commander in Chief makes a request, budget for the activities of the Depart- fense? we need to honor that request. ment of Defense not directly connected I would hope my colleagues on the Look, I believe we ought to pay for with Iraq and Afghanistan. We are Budget Committee at some point would this increase. I believe we ought to off- going to see that in a supplemental, I seriously consider a moratorium on set it with either additional revenues assume, sometime after the first of the earmarks—just for 1 year. It might be or spending cuts in other areas because year. a nice thing to see. the deficit is at record levels now and But as a practical matter, this budg- Mr. President, I support the amend- this just increases it. We are seeing et is a very thin budget for a military ment from the Senator from Virginia dramatic increases in the debt. stretched as thin as it is right now and I hope the choices we make are not We had a right to offer second-degree around the world. As the Senator from to cut into our Nation’s security but to amendments to this amendment to pro- Virginia says, more than half of our cut into the pork-barrel spending vide a pay-for. We basically did not ex- men and women in uniform are outside which has absolutely run amok in this ercise that right, in an agreement to the United States at this time. It is a body. It is a disgrace, and there is no get a number of amendments up and matter of just simple justice, as far as excuse for it. I hope we will start at- voted on before 7 o’clock tonight. But I am concerned. The Commander in tacking the wasteful and pork-barrel it is our intention, with a later amend- Chief’s request should be honored. I spending rather than the men and ment, to offer a means of paying for hope the Senate will support this re- women in the military. this increase. quest. I support the amendment. Without that before us at the mo- The PRESIDING OFFICER. The Sen- Mr. President, I yield back the re- ment, the choice becomes do we in- ator from Arizona. mainder of my time. crease the defense expenditure to meet Mr. MCCAIN. Mr. President, I support The PRESIDING OFFICER. The Sen- the request of the Commander in Chief the amendment by the Senator from ator from Oklahoma. or do we not? Virginia, the distinguished chairman of Mr. NICKLES. Mr. President, I com- I believe the imperative is clear. I be- the Armed Services Committee. He has pliment my colleagues, Senators STE- lieve we must raise the defense expend- been a member of the committee for VENS and WARNER. I intend to support iture level to meet the request of the many years. He understands our de- this request. Commander in Chief when we have fense and national security needs. Senator STEVENS, when I first troops in combat half a world away I believe the fundamental message is brought to his attention that we need- fighting day and night for this country. we are in a war. We are in a war. We ed to stay with the cap of 814, brought It is my intention to ask our col- are in a war. The fact is this money is to my attention very strongly, repeat- leagues to support the Warner-Stevens needed in order to prosecute the con- edly, that he wanted to have the Presi- amendment. At a later time, it will flicts in Afghanistan, in Iraq, and dent’s full request in. This amendment then be my intention to ask our col- around the world, as we fight the war does that. leagues on both sides to find a way to on terrorism and attempt to thwart the The reason we brought a resolution pay for it and to suggest specific ways possibility of a terrorist attack on the out at 814 was to make sure a budget we might do that. I hope colleagues United States of America and our citi- point of order wouldn’t lie against the will keep an open mind on that subse- zens. quent amendment. Clearly, we are going through a pe- entire resolution and frankly kill the resolution. We would have to have 60 I yield the floor. riod of transition in the military, and The PRESIDING OFFICER. The Sen- votes. The amendment Senator STE- one that is going to be somewhat ex- ator from Oklahoma. VENS and Senator WARNER are intro- pensive, but there is no doubt we have Mr. NICKLES. Mr. President, I very ducing fully funds the President’s re- to adjust our military in order to meet much appreciate the support of Sen- quest and frankly it increases the caps the needs of an ever-changing and, in ator CONRAD on this amendment. We to do so. It takes 60 votes to pass the some respects, larger threat to our se- have worked together now on two or amendment. It increases the deficit by curity than we have faced in the past three amendments. We have agreed to $7 billion. It means we are going to few years. some amendments. That is good have increases in defense spending by Also, I have the greatest respect for progress. $27 billion, 7.1 percent. It is a big in- our colleagues here in the Senate and I also want to correct the RECORD. I the distinguished chairman of the crease, but frankly we have big chal- said it was my understanding that this Budget Committee and the ranking lenges with our defense. increases the defense amount by 7.1 I happen to agree with Senators WAR- member. But I did note, with some in- percent. That is the OMB figure. The NER and STEVENS, when we have troops terest, that the chairman of the Budget Congressional Budget Office figure is in the field who have their lives in Committee in the House suggested a 6.8 percent. I was accurate by saying it jeopardy day by day, being fired upon, moratorium on earmarks for 1 year. would increase defense spending by $27 we need to give them support as re- Why would he do that? billion. Well, I show my colleagues a very in- quested by their Commander in Chief. I yield the floor. teresting Congressional Research Serv- I hope our colleagues will support The PRESIDING OFFICER. The Sen- ice chart which shows that in 1994, this amendment. ator from Virginia. there were 4,126 earmarks; in 1996, it The PRESIDING OFFICER. The Sen- Mr. WARNER. Mr. President, I ask went down to 3,023 earmarks; and it has ator from North Dakota. for the yeas and nays. gone steadily up geometrically; and in Mr. CONRAD. Mr. President, can the The PRESIDING OFFICER. Is there a 2004, there were 14,040 earmarks— Chair advise me what the time situa- sufficient second? amounting to a grand total of $47.9 bil- tion is on both sides? There is a sufficient second. lion—$47.9 billion. The PRESIDING OFFICER. There The yeas and nays were ordered. Rather than cut $7 billion out of de- are 12 minutes 50 seconds remaining on Mrs. BOXER. Mr. President, this fense, why don’t we cut $7 billion out of the Republican side, 20 minutes on the budget resolution is $6.9 billion below $47.9 billion of pork-barrel projects, Democratic side. the President’s request for defense such as the $3 million to study the Mr. CONRAD. Mr. President, speak- spending for fiscal year 2005. I am vot- DNA of bears in Montana, the Cowgirls ing for our side, I again want to indi- ing for the Warner amendment to re- and Cowboys Hall of Fame, and the cate I intend to fully support the store this cut. elves up in North Pole, AK, that got amendment of the Senator from Vir- I am doing so because I believe we some more money this time? ginia, joined in by the Senator from should pay for our activities in Iraq

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.112 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2509 and Afghanistan within the budget. I we have. I don’t think the American they have the equipment when we ask do not believe we should pretend those people want our young people going them to fight the war. They probably costs do not exist and then have the into combat with anything except the don’t appreciate a lot of the fussing President come back to Congress say- best. That is what this is about. We are and fighting. ing we did not give him enough money in a rebuilding mode right now. We are Mr. WARNER. Mr. President, I thank and he needs more. talking about transforming all my distinguished colleague. We must have truth in budgeting. branches. We are talking about chang- Mr. President, how much time re- The costs of our operations in Iraq and ing the way our troops are stationed mains under the control of the Senator Afghanistan should be included in the around the world. This is going to be from Virginia? budget; the costs should be paid for expensive. We are in the middle of a The PRESIDING OFFICER. The Sen- with regularly budgeted funds. The al- war. I strongly support the increases ator has 7 minutes remaining. ternative is further escalating debt. recommended by the chairman, Sen- Mr. WARNER. Mr. President, we will I am extremely concerned about the ator WARNER. yield our time if the other side will runaway debt. If we do not include in I yield the floor. yield their time and go on to the next the budget the costs of our operations The PRESIDING OFFICER. The Sen- matter. ator from South Carolina. in Iraq and Afghanistan, the President Mr. CONRAD. Mr. President, we are Mr. GRAHAM of South Carolina. Mr. will come back with a request for prepared to yield back time on this President, I rise in support of the emergency supplemental funds. Those side. I yield all but 5 minutes of our funds do not have to be offset, thereby amendment offered by our chairman. I time reserved for Senator LEVIN. We adding billions of dollars to our na- thank the chairman, Senator WARNER, can proceed with Senator FEINGOLD. tional debt. for doing something that is not easy. Mr. NICKLES. Mr. President, I thank Therefore, I will vote for the Warner We pride ourselves on trying to be fis- our colleague, Senator WARNER, chair- amendment to restore the cut in de- cal conservatives and taking care of man of the Armed Services Committee, fense spending. the country’s needs and the President’s and also Chairman STEVENS of the Ap- Mr. WARNER. Mr. President, I pre- budget request for the military. I ap- propriations Committee for their co- sume the managers desire to have this plaud our chairman, Senator WARNER, operation on this amendment. I am amendment laid aside for the present for offering this amendment to make sure the Commander in Chief is grate- time, unless there are other speakers. sure we can get the money the Presi- I yield such time as the Senator from dent thinks we need to defend the Na- ful for this amendment. I am sure the Oklahoma desires. tion. Chiefs of Staff of the Armed Forces are Mr. President, would you advise the One thing I have learned about this grateful for this amendment. Senator from Virginia the amount of whole process is I would not want Sen- For the information of our col- time we have left? ator NICKLES’ job. It is very hard to put leagues, this amendment, in addition The PRESIDING OFFICER. Eleven a budget together which does what we to Senator BYRD’s amendment and I minutes forty seconds. need to do for the economy and for de- believe Senator FEINGOLD’s amend- Mr. WARNER. Mr. President, the fense of the Nation and other domestic ment, will be voted on probably a little Senator from South Carolina desires a priorities. before 6 o’clock. Also, for the informa- couple of minutes following the Sen- But I know where this debate is tion of our colleagues, I know there are ator from Oklahoma. going. It won’t be long before we will other amendments out there. Senator The PRESIDING OFFICER. The Sen- have an amendment to counter this CONRAD and I already realize we are ator from Oklahoma. amendment saying, all right, we will running short on time and the number Mr. INHOFE. Mr. President, I will be agree that the military needs more of days. We are going to finish this bill very brief. I think everything I would money. I am glad we agree with that, by Friday. I encourage our colleagues have said has been said by our chair- because they do. But then they will to either not offer amendments or at man, Senator WARNER. start arguing, let us pay for it; let us least work with us so we can accept or We have 325,000 troops scattered be fiscally responsible, and let us take dispose of some amendments in one around 120 different countries. I money from this group to pay for it. way or another. But if they have chaired the Subcommittee on Readi- We are going to get into a partisan amendments, please bring those to our ness for a number of years. That was fight in the name of fiscal responsi- attention tonight. It is our intention during the 1990s when we were making bility that probably doesn’t have a to work very late tonight. I hate to do cuts in our defense across the board in whole lot to do with fiscal responsi- that because our very good friend, terms of end strength, in terms of num- bility. I think that is sad but we know Chairman STEVENS, is having a nice bers of divisions and numbers of tac- it is coming. event that I would love to attend, but tical air wings, in terms of the num- Let me say this: The No. 1 job of I think our business is to complete the bers of ships, in terms of moderniza- being a Senator, in my opinion, is to budget this week. tion, and in terms of readiness. It was make sure we can defend America. We For the information of our col- very disturbing during that time. I was can have all the fights about how you leagues, we expect three rollcall votes outspoken at that time that we might create jobs, and I would argue to my shortly before 6 o’clock. I believe the be going too far. friend—I will be glad to speak on this regular order of business now would be Recently we went through this thing proposal—if you are worried about los- for Senator FEINGOLD to offer his of not having adequate body armor. Of ing jobs in America, then you need to amendment. course, the Army, in this case, re- be more friendly to people who are try- Mr. CONRAD. Mr. President, we have sponded with our help and we are able ing to create jobs in America. You are just now tallied all the amendments to say now they are taken care of ade- not a very friendly crowd to job cre- that have been noticed. I know the quately. ation with your proposals. But we will chairman will be interested to know In modernization, we are going into talk about that down the road. I know there are 98 amendments pending. Let the future combat system. We were de- it is coming. me say those are amendments that layed in the 1990s. Now things are get- Let me say this: It is good news for have been noticed to us. They are not ting back on track. However, we often the men and women in uniform at this necessarily pending before the Senate, say we want our troops, our men and point in time because we have bipar- but Senators have given notice they in- women in uniform, to have the very tisan support to make sure there is tend to offer 98 amendments. It takes 1 best of equipment and the best support. budget authority to defend America. I hour to handle three amendments. Quite frankly, we don’t have as good thank the chairman on their behalf. I That would be 33 hours of straight vot- equipment as some of our potential ad- look forward to the debate to come ing. We have to get serious. We cannot versaries in the case of our artillery. about this issue in terms of domestic have a circumstance in which we spend We are still dealing with World War II politics. But I hope we don’t get unnec- 33 straight hours voting on amend- technologies when there are five coun- essarily off script for the men and ments to the budget resolution. That is tries that have made a better case than women who depend on us making sure an unreasonable proposition. It is an

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.013 S10PT1 S2510 CONGRESSIONAL RECORD — SENATE March 10, 2004 unreasonable proposition for the Mem- (A) any concurrent resolution on the budg- use the surpluses of the Social Security bers, and an unreasonable proposition et; or trust fund for other Government pur- for the administrative staff. (B) any provision of legislation that affects poses rather than to pay down the debt I am sending the message to our col- the full funding of, and continuation of, the and help our Nation prepare for the leagues, let’s eliminate the duplica- deposit insurance guarantee commitment in effect on the date of enactment of the Budg- coming retirement of the baby boom tion. Let’s ask Senators to refrain from et Enforcement Act of 1990. generation. offering amendments that can be of- (5) BASELINE.—Estimates prepared pursu- We have to stop running deficits be- fered later to appropriations bills or to ant to this section shall— cause every dollar we add to the Fed- other legislative vehicles. We cannot (A) use the baseline surplus or deficit used eral debt is another dollar we are forc- have 98 amendments voted on this for the most recently adopted concurrent ing our children to pay back in higher budget resolution. There is no way we resolution on the budget; and taxes or fewer Government benefits. would finish by Friday. We have agreed (B) be calculated under the requirements When the Government in this genera- on a common goal of finishing the of subsections (b) through (d) of section 257 tion chooses to spend on current con- budget resolution by Friday. We have of the Balanced Budget and Emergency Def- icit Control Act of 1985 for fiscal years be- sumption and to accumulate debt for worked in good faith together. Please, yond those covered by that concurrent reso- our children’s generation to pay, it colleagues, let’s show some restraint. lution on the budget. does nothing less than rob our children We will turn it over to our Senator (6) PRIOR SURPLUS.—If direct spending or of their own choices. We make our from Wisconsin, Mr. FEINGOLD. revenue legislation increases the on-budget choices to spend on our wants, but we The PRESIDING OFFICER. The Sen- deficit or causes an on-budget deficit when saddle them with debts they must pay ator from Wisconsin. taken individually, it must also increase the from their tax dollars and their hard AMENDMENT NO. 2748 on-budget deficit or cause an on-budget def- work. That is not right. Mr. FEINGOLD. Mr. President, I icit when taken together with all direct This is also why I am offering this thank the managers for making it pos- spending and revenue legislation enacted since the beginning of the calendar year not amendment to fully reinstate the pay- sible for me to offer this amendment at accounted for in the baseline under para- as-you-go rule. We need a strong budg- this time. I send an amendment to the graph (5)(A), except that direct spending or et process. We need to exert fiscal dis- desk and ask for its immediate consid- revenue effects resulting in net deficit reduc- cipline. This amendment would simply eration. tion enacted pursuant to reconciliation in- return us to the rules by which Con- The PRESIDING OFFICER. The structions since the beginning of that same gress played for the decade of the 1990s. clerk will report. calendar year shall not be available. It would eliminate the exceptions to (b) WAIVER.—This section may be waived The assistant legislative clerk read pay-as-you-go included in last year’s as follows: or suspended in the Senate only by the af- firmative vote of three-fifths of the Mem- resolution that exempt new tax cuts The Senator from Wisconsin [Mr. FEIN- bers, duly chosen and sworn. and new mandatory spending included GOLD], for himself, Mr. CHAFEE, Mr. BAUCUS, (c) APPEALS.—Appeals in the Senate from in a budget resolution. The reason we Ms. CANTWELL, Mr. CARPER, and Mr. GRAHAM the decisions of the Chair relating to any of Florida, proposes an amendment num- have to get rid of these exceptions is provision of this section shall be limited to 1 bered 2748. these exceptions facilitate more dam- hour, to be equally divided between, and con- Mr. FEINGOLD. Mr. President, I ask age to the Federal bottom line. trolled by, the appellant and the manager of I recognize there are some who prefer unanimous consent that the reading of the bill or joint resolution, as the case may the amendment be dispensed with. be. An affirmative vote of three-fifths of the to provide some exemptions for certain The PRESIDING OFFICER. Without Members of the Senate, duly chosen and tax and spending policies. In par- objection, it is so ordered. sworn, shall be required to sustain an appeal ticular, the argument has been made The amendment is as follows: of the ruling of the Chair on a point of order that we ought to exempt the extension (Purpose: To fully reinstate the pay-as-you- raised under this section. of the 10-percent bracket, the child go requirement) (d) DETERMINATION OF BUDGET LEVELS.— care tax credit, and the marriage pen- For purposes of this section, the levels of alty provisions. The argument is that On page 46, between lines 2 and 3, insert new budget authority, outlays, and revenues the following: for a fiscal year shall be determined on the these, and possibly other policies, are SEC. 408. PAY-AS-YOU-GO POINT OF ORDER IN basis of estimates made by the Committee so worthy that they should not be sub- THE SENATE. on the Budget of the Senate. jected to pay as you go. (a) POINT OF ORDER.— (e) SUNSET.—This section shall expire on Let me offer what I think are two (1) IN GENERAL.—It shall not be in order in September 30, 2009. valid responses to this. First, while the Senate to consider any direct spending or revenue legislation that would increase Mr. FEINGOLD. Mr. President, I am there are certainly worthy tax provi- the on-budget deficit or cause an on-budget very pleased to offer this amendment sions included in the assumptions un- deficit for any one of the three applicable with Senators CHAFEE, BAUCUS, CANT- derlying this resolution, including time periods as measured in paragraphs (5) WELL, CARPER, and GRAHAM. those I just listed, as the chairman of and (6). This amendment is very straight- the committee has pointed out very ef- (2) APPLICABLE TIME PERIODS.—For pur- forward. It would simply reinstate the fectively in the Senate, no budget reso- poses of this subsection, the term ‘‘applica- pay-as-you-go rule that has been such lution can actually specify which taxes ble time period’’ means any 1 of the 3 fol- an effective restraint on the fiscal ap- must be cut and which must be raised. lowing periods: (A) The first year covered by the most re- petites of Congress and the White The resolution can set forth levels of cently adopted concurrent resolution on the House. tax cuts, but it cannot specify which budget. The last 3 years have seen a dramatic taxes are cut. It follows that the reso- (B) The period of the first 5 fiscal years deterioration in the Government’s abil- lution cannot specify which tax cuts covered by the most recently adopted con- ity to perform one of its most funda- should be exempt from budget enforce- current resolution on the budget. mental jobs, and that is balancing the ment. It can exempt some level of tax (C) The period of the 5 fiscal years fol- Nation’s fiscal boxes. We are all famil- cuts from that enforcement, as indeed lowing the first 5 fiscal years covered in the iar with the history. In January of 2001, this resolution does. most recently adopted concurrent resolution on the budget. the Congressional Budget Office actu- But a budget resolution cannot speci- (3) DIRECT-SPENDING LEGISLATION.—For ally projected in the 10 years there- fy which specific tax cuts are to be ex- purposes of this subsection and except as after, Government would run a unified empt from budget enforcement. So we provided in paragraph (4), the term ‘‘direct- budget surplus of more than $5 trillion. have no guarantee at all that these spending legislation’’ means any bill, joint A little more than 3 years later, we are popular and worthy tax cuts I just resolution, amendment, motion, or con- now, unfortunately, staring at almost mentioned, those three, would end up ference report that affects direct spending as a mirror image of that 10-year, $5 tril- being the ones that would benefit from that term is defined by, and interpreted for lion surplus. Instead of healthy sur- this exemption that exempts tax cuts purposes of, the Balanced Budget and Emer- gency Deficit Control Act of 1985. pluses, under any reasonable set of as- from the normal pay-as-you-go require- (4) EXCLUSION.—For purposes of this sub- sumptions, we are now facing immense ment on which we have to get the 60 section, the terms ‘‘direct-spending legisla- deficits. votes to waive the rule. tion’’ and ‘‘revenue legislation’’ do not in- We must stop running deficits be- The second reason, for the specific clude— cause they cause the Government to tax cuts I mentioned earlier—the 10-

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.120 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2511 percent bracket, the child tax credit, amendments that are just critically Mr. FEINGOLD. Mr. President, does and the marriage penalty provision—I important if we are going to start to do the Senator from North Dakota want am absolutely sure there will be far something about the skyrocketing defi- more time off the amendment? more than 60 votes to waive any point cits and the accumulation of debt. The PRESIDING OFFICER. Who of order against those provisions. I The pay-go provisions are budget dis- yields time? even wonder if anyone will propose to ciplines to make it harder to add to The Senator from Oklahoma. put us in a position where we have to deficits. We have used these provisions Mr. NICKLES. Mr. President, I thank waive a point of order. Someone will in the past successfully to move from my colleague from Wisconsin for his have to actually raise a point of order. record deficits to record surpluses. amendment. He offered the same These three sorts of tax cuts have such In just a few moments, this body is amendment in the Budget Committee. strong support that it is not, in my going to vote on whether it is going to I have great respect for him as a friend view, a serious or genuine objection renew those disciplines or we are just and a colleague, but I would urge our that the pay-as-you-go rule will pre- going to abandon the ship and keep colleagues to vote no on the amend- vent them from being extended and right on running up an ocean of red ment. continuing. ink. We have pay-go in the existing bill. Reinstating the pay-as-you-go rule This year, we are poised to run a def- We have pay-go basically for anything makes it harder for this body to make icit in record terms of over $470 bil- that is not in the assumption of the the deficit worse. It does not prohibit lion—$100 billion more than last year. budget resolution. We assume $144 bil- these tax cuts. It does not make it im- And last year’s deficit was almost $100 lion on the tax side. It may sound like possible to have a tax cut. It just billion more than the previous record. a lot of money, but over that 5-year pe- makes it a little harder. That is as it This is an opportunity for Senators riod of time, we are talking about $12 should be. Given our current budget po- to stand and be counted and be held ac- trillion of revenue. The amount of sition, we ought to make it harder to countable. Are we going to go back to money that we are saving is a very make the deficit worse. If new tax cuts the budget disciplines that have small percentage. or new mandatory spending is not to be worked in the past or are we going to Now, why do we try to say, Well, you offset, then they ought to be only the let them lapse? They lapsed in 2002, should not have to pay for that? Be- most worthy of policies, not just any- they have not been reinstituted, and cause almost all of that, with the ex- thing that can get a majority vote. the deficit has skyrocketed. ception of a little AMT, is present law. They ought to be policies that can What this amendment does is to put We don’t have pay-go if you have a achieve the 60 votes needed to waive a back in place the fundamental dis- lot of spending bills that sunset. When point of order. ciplines that say simply this: If you those are reauthorized, you do not say, It is very simple. That is what this want new mandatory spending, if you Oh, now you have to have pay-go. You amendment would do. It is the least we want new tax cuts, you can have them, have to raise taxes or cut spending to should do to ensure fiscal responsi- but you have to pay for them. It is that reauthorize the farm bill, for example. bility and sound budgeting. We must simple. As a matter of fact, I have found stop using Social Security surpluses to Some will say, Well, this does not about $1 trillion worth of entitlements fund other Government programs. We discipline discretionary spending, over the next several years that are must stop piling up debt for our chil- which is a third of Federal spending. sunset or due to sunset, but they don’t dren to pay off. We must continue the That is true. We discipline discre- have pay-go when they are extended. discipline of the budget process. tionary spending by spending caps. We We have a lot of tax cuts that are sun- This is one of those situations where have a spending cap in place. set that, when they are extended, The question before us is, Are we after you have been here a while, you would have to be paid for. So it really going to reenact the budget disciplines can actually speak from experience. I discriminates against taxes, makes it on mandatory spending, which is two- can speak from experience of having much more difficult to keep tax levels thirds of Federal spending? Are we watched in this body. As I came in 1993, where they are today. going to replace the budget disciplines we had the largest deficit in American Some people say: Additional tax cuts. on the revenue side of the equation, history. Were it not for these budget I say, no, keep taxes where they are which have been allowed to lapse? rules, if it were not for the pay-as-you- today. This is a much higher hurdle if Let me just put up a statement by go rules, I am certain the parties would you want to keep tax levels where they the chairman of the Federal Reserve on not have come together as we did over are today. Adoption of this amendment this question. Federal Reserve Chair- those years to achieve what almost no is going to make it a lot harder. It is man Greenspan, on restoring pay-go, one thought was possible—a very solid going to make it a lot harder to con- said: surplus. Without these rules, the dis- tinue to have the marriage penalty re- I would, first, Mr. Chairman, restore pay- cipline goes away. Without these rules, lief we are now assuming in our budget. go and discretionary caps. Without a process That is $900 for my in-laws, $900 for my we are back to the behavior of the for evaluating various trade-offs, I see no 1980s, which my constituents so thor- way that any group such as a Congress can kids, $900 for any couple in America oughly condemn: Unlimited tax cuts on come to a set of priorities which will be ef- that makes $58,000. We are assuming we unlimited spending, the blank checks fectively reflecting the will of the American are going to continue present law. that were written that put this Nation people. People say: We want pay-go. We want in its worst deficit to date. Mr. President, this is the test: this it to apply to spending and to entitle- We now have a much worse deficit. vote. This is going to answer who ments. But when you look at the We now have the largest deficit in stands for budget discipline, who amendment, it doesn’t apply to appro- American history. It is incumbent stands for getting these deficits and priated accounts. It doesn’t apply to upon this body to go back to what we debt under control, and who is going to increases in appropriations for a lot of know worked, to what we know put the sit on the sidelines and allow these different activities. parties in a healthy competition, to see deficits and debt to continue to sky- Someone might say: That is handled which party could be more fiscally re- rocket out of control. in the caps. Only if you pass a budget. sponsible. We desperately need to re- For those who say they are fiscally The idea is to pass pay-go that is going turn to that discipline now. responsible, here is the test. Here is the to extend for the next several years, I That is why I urge my colleagues to test. All the talk is going to be meas- believe through 2009, regardless of accept this amendment that will re- ured in this vote. Do you stand for re- whether you have a budget. We may or turn the pay-as-you-go rules in full. storing the budget disciplines that may not have a budget. A lot of people I yield the floor. have worked in the past or do you not? predicted last year we wouldn’t have a The PRESIDING OFFICER (Mr. That is the question. budget. They predicted this year we CORNYN). The Senator from North Da- I urge my colleagues to support this wouldn’t have a budget. We proved kota. amendment. them wrong last year, and I hope and Mr. CONRAD. Mr. President, look, The PRESIDING OFFICER. The Sen- expect we will prove them wrong this now we are starting to talk about ator’s time has expired. year.

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.122 S10PT1 S2512 CONGRESSIONAL RECORD — SENATE March 10, 2004 Spending is not covered. Discre- I reserve the remainder of my time. going to happen. There is going to be a tionary appropriations are not covered. The PRESIDING OFFICER. The Sen- whole list of tax cuts and other What is appropriated is not covered. ator from Wisconsin. things—mandatory spending—people Next year 820-some billion will not be Mr. FEINGOLD. Mr. President, I ap- wanted to get in there. And they will covered. You could have any kind of in- preciate not only the comments of the say: We exempt this, and now we will crease. As a matter of fact, it almost is Senator from Oklahoma but his leader- make the pay-go rule apply. an incentive for increases in appropria- ship on the Budget Committee. I enjoy That is making a sham out of the tions because that doesn’t have to be very much serving with him on the pay-go rules. The ranking member, for paid for. But anything else has to be committee. I also appreciate the sort whom I have enormous admiration on paid for. of change of tone from the opposition this subject, hit it right on the head. The tax cuts that expire or that have on this amendment. Everything we The people of this country are begin- an expiration date—and we have had to have heard about this amendment re- ning to realize it has all happened do that in the past for a variety of rea- cently is how we need to have a weaker again, that they have been taken. We sons—would have to be paid for. Spend- rule than the pay-go rule. Somehow we had rules in place that the American ing programs don’t have to be paid for. have to justify these exceptions that people were thrilled to see work, lead- I didn’t hear our colleague saying we were put in the Budget Committee res- ing to a balanced budget and a surplus. needed pay-go when we were doing con- olution. Finally the chairman is talk- Those rules are no longer there. Those current receipts for retired military ing about what we really should be rules were allowed to expire at a time personnel. That was about $40 billion. I talking about, that we need a strong when this country was undergoing didn’t hear people say, when we were rule. enormous anxiety. But they are catch- doing the Medicare expansion, we need What he has done is lay out some ing on. They caught on in 1992, and pay-go for that. That was $395 billion, things our pay-go doesn’t do. That is they sent to Washington people who as scored by CBO, and that is perma- true. There may be some additional would deal with the deficit. They are nent. So the Medicare bill, which is things we should do in this area. But catching on again now. The Senator is going to grow dramatically over the what I am proposing, with the cospon- right, this vote is ‘‘the vote’’ about next several years, can continue grow- sors, is let’s at least go back to the whether you are for balancing this Na- ing almost unchecked unless a future rules we know worked, the rules that tion’s budget or whether you want defi- Congress curtails it in some way. And brought this country a balanced budget cits as far as the eye can see. no pay-go, even if it is $300 billion the in the 1990s. They were proven to work. Mr. President, I yield to the Senator first 10 and maybe $1 trillion the next That is all this amendment does. from Delaware who has been a terrific 10 or more, no pay-go for that. If the Senator from Oklahoma wants advocate on this issue. So spending can increase rather dra- to talk about additional steps, I am all Mr. CARPER. I thank my colleague matically. But if you want to continue for it. Senator GREGG and I, in the for yielding. I thank Senator FEINGOLD having a 25-percent tax rate—and by Budget Committee in the past, tried and others on our side and the other the year 2010 it expires—if you don’t for 5-year caps on spending. We were side of the aisle for their work. pay for it, that rate goes to 28 percent defeated by a largely party-line vote This is an important amendment. He in the year 2011. The difference between except for Senator GREGG. That didn’t is right. I don’t know whether it is the 28 and 25 doesn’t sound like much. That work so we tried a 2-year cap, working most important amendment offered on is 3 percent. That is over 10 percent. with Senator CONRAD. That was re- this resolution, but it may well be. I That is about a 15-percent increase in jected. We tried 1 year. That is one of would like to take a couple of minutes an individual’s tax rate. That means the three legs of the stool, the discre- and look back a few years to some of the marriage penalty relief we just tionary spending. If the Senator wants the things that have been said by folks gave would disappear. That is $1,000. By to work with me and Senator GREGG in our country and actually outside of that time, it will be $1,000. Right now it and others to propose legislation to our country. is $911. We are trying to continue that. deal with that, I am ready to go. In I would like for us to go back to 2001, Some people say: You want more tax fact, Senator GREGG and I proposed the first year George Bush was Presi- cuts. That is not more tax cuts. That is such a bill. dent. What he said was: keeping present law. If we don’t keep But the chairman knows very well we We can proceed with tax relief without fear present law, extend present law, it is can’t change that on the budget resolu- of budget deficits. going to be a tax increase on families. tion. We have to pass a statutory item We found out he was wrong. What did we assume under our reso- in order to accomplish that. So I am A year or so later, he said: lution? We assumed present law is ex- eager to do it. Our budget will run a deficit that will be tended. Above that, you have pay-go. Let’s pass this pay-go amendment small and short term. That is what our resolution says. and let’s immediately move on to fin- I am sorry to say he was wrong I urge our colleagues, think about ish the job by passing the kind of stat- again. this a little bit. Frankly, if you are ute that will achieve what the Senator In 2003, he said: going to have it, it really should apply from Oklahoma is talking about. to any entitlement program that is I can’t allow a complete changing of Our current deficit is not large by histor- sunset. That is not in this amendment. the subject because the truth is the ical standards and is manageable. What we did in our bill is very similar pay-go rules in the proposal before us That, too, is wrong. to my colleague’s amendment with the are not pay-go. They are pay-go minus. This year, he is saying to us: exception of we say we should exempt It is sort of as though you draft up a The deficit will be cut in half over the next those things that are covered in the budget and after you figure out what 5 years. budget. Primarily that includes ex- you want, then you draft up the rules Unfortunately, if we look more close- tending present law on the child credit, by which you will draft up the budget. ly at what is going to happen over the on the 10-percent bracket, and on mar- That is the game we are playing here. next 5 years and beyond, the deficit riage penalty relief. We also included We don’t go into the process saying: may be trimmed a little bit, but it is $23 billion for AMT relief, and we in- Look, we have played by these rules. going to begin to explode when my gen- cluded $15 billion on the energy bill. They have worked. We say: What do we eration of baby boomers starts to re- That is the bulk of what we have ex- need; what tax cuts do we want; what tire in 5 or 6 years. tended or what we assumed. Anything mandatory spending do we want. And I want to share with my colleagues above that has to be paid for, after that, everything else that hasn’t another quotation that occurred sev- entitlementwise or taxwise. gone through the barn door, then we eral years before these. It was not by Again, I congratulate my colleague make the rules apply after that. an American but a fellow from Great from Wisconsin, but I urge our col- I suggest that doesn’t work. I suggest Britain, Dennis Healy. In the late 1970s, leagues, if they want to protect fami- it is a formula for more fiscal disaster. he was Chancellor of the Exchequer. lies and make sure the tax cuts happen, I suggest it means next year in the There was something he called the to vote no on the amendment. Budget Committee the same thing is ‘‘theory of holes.’’ The theory of holes

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.125 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2513 goes something like this: When you side? I was trying to get him on the Senator FEINGOLD and I made a last- find yourself in a hole, stop digging. record to say that the pay-as-you-go ditch attempt to save these budget dis- We are in a hole. We are in a huge should be applied both on the spending ciplines and we got 59 votes. We needed hole. The hole of debt is almost $7 tril- side and the revenue side. 60. Look what has happened since. Defi- lion, up from about $1 trillion in 1982. This is what he said: What worked in cits have taken off like a scalded cat. It is actually pretty modest compared the past is what we ought to do now. My colleagues, I think this vote is to the hole we are going to be in in That is what he said. What worked in going to be evidence of whether some- 2014. This red line represents money the past is what you, the Congress, body is serious about fiscal discipline that we owe somebody. Those ought to do now. What worked in the and restoring fiscal sanity or whether somebodies are going to want to be re- past? It was a pay-as-you-go approach they just want red ink as far as the eye paid. Do some of the people lending that applied to both spending and reve- can see. Make no mistake, that is money to Uncle Sam live in this coun- nues. Frankly, it worked real well in where we are headed. That is where we try? A lot of them don’t. A lot of them the past. It is not the only thing that are headed under the President’s plan. live around the world. As they see this worked well, but it was helpful. We The President’s plan adds $3 trillion red ink accumulate, and as they see a have the opportunity to put it back to the national debt in the next 5 nation not only living beyond its into place. We ought to do it. years. The budget resolution is a little means financially through our Federal My dad, when I was a kid growing up, bit better; it adds $2.86 trillion to the deficits but a nation that buys a lot would say to my sister and me when we national debt in the next 5 years. All of more from overseas than we certainly would do some foolish stunt and not this is right before the baby boomers sell to other countries, my fear is that show any forethought: Just use some retire. what may well happen is those other common sense. My guess is, if we were My colleagues, you cannot leave this countries will lend us so much money, on the floor today and I asked Senator Chamber calling yourself a fiscal con- but in order to continue to loan us FEINGOLD, or Senator CONRAD, or the servative unless you vote for this more money, they are going to want a Presiding Officer, to go back to your amendment. I urge my colleagues to little higher interest rate—maybe sig- childhood and think about things your support the amendment of the Senator nificantly higher—as our creditors. If parents used to say to you, you could from Wisconsin. we begin to pay higher interest, we all think of something they would say Mr. MCCAIN. Mr. President, I strong- know what kind of adverse effect that to you to try to drum into your heads. ly support the amendment offered by can have on the economy of this coun- My dad would say more times than I my good friend from Wisconsin. try. would care to remember: Just use some We are facing a dire financial situa- Look at one other chart. This is common sense. tion. The projected deficit for the cur- about the year 1999, 2000, when the When we have an annual budget def- rent fiscal year is $521 billion—that’s budget deficits turned into surpluses. icit that is approaching $600 billion, over half of a trillion dollars—the larg- Now we are back in the soup. This is when we have a national debt that is est ever. That is why the Congress and what the deficit looks like. In 2004, it is now at about $7 trillion, I think a good the administration must begin taking test of common sense is, when any Sen- about $600 billion. The reason this action this year, despite the fact that ator wants to raise spending to make looks higher than some of us are used it is an election year, to address this this situation worse, or any Senator to is because this is the real operating crisis. Our failure to start making wants to cut the revenue base to make deficit, when you take away the mask some of the tough decisions will land this situation worse, we ought to say: that is provided by Social Security. So- squarely on the backs of our children How are you going to pay for it? If I cial Security is going into the surplus, and grandchildren, and their financial don’t have a good answer, we should and it makes the operating deficit look future will be strapped with digging not do what I want to do—either rais- smaller because we operate under a out of the holes that have been created ing spending or cutting revenues. In unified budget. After dropping down, it by our actions and inactions. my dad’s words, that would be using picks up to about three-quarters of a The Federal Reserve Chairman Alan common sense. We need some common Greenspan testified recently before the trillion dollars. That is 1 year. It will sense. This amendment will provide be over a quarter of a trillion dollars in House Budget Committee about the se- that. riousness of our rising budget deficit 2014. Mr. FEINGOLD. Mr. President, how and, more specifically, the impact the A week or so ago Alan Greenspan was much time remains? before the Banking Committee. He was The PRESIDING OFFICER. Four deficit is going to have on our future testifying. During the course of his tes- minutes remain. economic stability. He very clearly timony, and following his testimony, Mr. FEINGOLD. Mr. President, I warned about the consequences of a we had the opportunity to ask him yield to the Senator from North Da- lack of fiscal discipline, and called for questions. I asked him questions about kota. new steps to restrain spending. The the potential of interest rates rising Mr. CONRAD. I thank the Senator. I Chairman firmly supports reinstate- and what that might do to the econ- will take 2 minutes off the resolution ment of the pay-go rules as one such omy. He expressed that could happen so the Senator will retain his time. step. and, in fact, it would be a chilling one My colleagues, this amendment mat- According to a joint statement issued for the American economy. ters. We have a lot of amendments that by the Committee for Economic Devel- We also talked about the proposal be- are important but that, frankly, are opment, the Concord Coalition, and the fore us today that Senator FEINGOLD is not going to do much about our long- Center on Budget and Policy Priorities, offering, this pay-as-you-go notion; the term fiscal condition. This amendment ‘‘without a change in current (fiscal) idea that if I wanted to raise spending could make a real contribution to get- policies, the federal government can further above the baseline of spending ting these skyrocketing deficits under expect to run a cumulative deficit of $5 already built into our budget, I would control. Why? Because it says simply trillion over the next 10 years.’’ have to come up with an offset. The this: No new spending on the manda- These figures are shameful and idea is that if I wanted to lower reve- tory side, and that is two-thirds of Fed- frightening. Another astonishing part nues, cut taxes in some area, I would eral spending; no new tax cuts that are of this report states that, ‘‘after the come up with an offset to equal out not paid for, unless you can get a baby boom generation starts to retire that effect. supermajority vote. in 2008, the combination of demo- I asked Chairman Greenspan—there This is one of the key budget dis- graphic pressures and rising health are different approaches to pay-go. ciplines we had through the 1990s that care costs will result in the costs of One, I call it pay-go ‘‘lite,’’ where it helped us save hundreds of billions of Medicare, Medicaid and Social Secu- would only affect the spending side. If dollars on the deficit. This is what rity growing faster than the economy. I had a spending increase I wanted to helped us move from record deficits to We project that by the time today’s make, I would have to come up with record surpluses. This budget discipline newborns reach 40 years of age, the the offset. I said, How about the other was allowed to lapse in 2002, despite cost of these three programs as a per- side of a pay-as-you-go, on the revenue our best efforts. centage of the economy will more than

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.127 S10PT1 S2514 CONGRESSIONAL RECORD — SENATE March 10, 2004 double—from 8.5 percent of the GDP to I urges my colleagues to support the of the last couple of years, we have ir- over 17 percent.’’ amendment. responsibly driven up this country’s The Congressional Budget Office, [From the Washington Post, Mar. 10, 2004] deficit and debt to a point that is un- CBO, also has issued warnings about RIGGING THE BUDGET RULES precedented in the history of the coun- the dangers that lie ahead if we con- When it comes to matters of taxes and try. tinue to spend in this manner. Accord- spending, members of Congress are like I am grateful to these two Senators. ing to a recent CBO report, due to ris- would-be dieters who can’t stop raiding the I remind everybody, this is a bipartisan ing health care costs and an aging pop- refrigerator. Recognizing this weakness, law- amendment. We have a Republican co- ulation, ‘‘spending on entitlement pro- makers have resorted in the past to budget sponsor, and there will be other Repub- grams—especially Medicare, Medicaid rules that act much like a lock on the fridge. lican votes for it. This is not your typ- and Social Security—will claim a During the 1990s, these rules set ceilings on ical partisan amendment or vote on a discretionary spending and required that any sharply increasing share of the nation’s tax cuts or spending increases in entitlement budget resolution. This is about what economic output over the coming dec- programs be matched by offsetting spending used to be a consensus in this body. We ades.’’ The report went onto say that, cuts or tax increases. As with the dieter who ought to have some rules that are con- ‘‘unless taxation reaches levels that knows where the key is hidden, the rules sistent that will apply to all parts of are unprecedented in the United didn’t work perfectly—they could be avoided the budget so that we can work to- States, current spending policies will with a 60-vote majority—but they did help gether on behalf of the American peo- probably be financially unsustainable curb lawmakers’ natural tendencies. ple to do something about our very se- The rules expired at the end of 2002, and ev- over the next 50 years. An ever-growing eryone from President Bush to Federal Re- rious fiscal problems. burden of federal debt held by the pub- serve Chairman Alan Greenspan to Clinton Mr. President, I reserve the remain- lic would have a corrosive . . . effect on Treasury Secretary Robert E. Rubin has der of my time. the economy.’’ Additionally, CBO has called for their renewal. ‘‘Perhaps the single Mr. NICKLES. Mr. President, how projected a 10-year deficit of $4.4 tril- most important act Congress and the Admin- much time remains on both sides? lion. istration could take at this point to rein in The PRESIDING OFFICER. The Sen- These are alarming figures. It is crit- the budget over the next decade would be to ator from Oklahoma has 24 minutes. ical we take action to curtail further re-establish the budget rules that existed in The Senator from Wisconsin has 3 min- deficit spending. the 1990s,’’ Mr. Rubin wrote in a recent paper utes. co-authored with the Brookings Institution’s Mr. NICKLES. Mr. President, to no- In the 1990s, when we faced what we Peter R. Orszag and Allen Sinai of Decision thought to be the worst fiscal situation Economics Inc. tify our colleagues, it will be my inten- possible, we passed the Budget Enforce- But the Bush administration, and some of tion to yield some time back and to ment Act of 1990, which instituted a its allies in Congress, would rig the rules to vote, unless my colleague from Iowa number of statutory deficit control apply discipline in a dangerously lopsided wishes to speak, at quarter to 6. We rules, including the pay-as-you-go, pay- fashion. The administration proposes strict have three rollcall votes. The first one go, requirements. The statutory pay-go controls on spending but no restraints at all will be on Senator BYRD’s amendment rules were largely responsible for im- on cutting taxes, an approach influenced by to strike the reconciliation provisions. the administration’s inflated view of the I notify my colleagues that rollcall posing true financial discipline on the beneficial effect of tax cuts. But even for Congress when it came to mandatory those who fully subscribe to the administra- votes will probably begin in the next 10 spending programs and taxes. Unfortu- tion’s position on the relative merits of minutes. nately, those rules expired in 2002. taxes and spending, it’s clear that such a I have great respect for the authors We have an opportunity today to rule would simply skew budgetary choices, of the amendment. I support pay-go, show the American public that we are resulting in spending programs recast in the but I think it should be pay-go with serious about digging out of the fiscal guise of tax breaks. Mr. Greenspan reiterated the present law tax cuts being ex- hole that faces our country by adopt- last month that the rule ought to apply to tended. If we do not, we are going to both spending increases and tax cuts. have tax increases. We ought to let ing this amendment to strengthen the Meanwhile, the budget resolution before Senate pay-go point of order. Although the Senate would leave in place the sham people keep the same tax rates they I wish we could reestablish the statu- version of pay-as-you-go adopted last year, have today. I do not want to lose the tory pay-go rules, we can’t do that in in which the rule applies only to tax cuts or marriage penalty relief. That is what the budget resolution since it is not a spending increases in excess of what the we are assuming in our budget. This law. We can, however, tighten up our budget resolution provides. This year’s boils down to, we have pay-go on every- own Senate rules to make it more dif- model would permit $122 billion more in tax thing except these child-friendly, mar- ficult to pass legislation that increases cuts not offset by savings elsewhere. Under riage-friendly tax cuts. We want those this meaningless form of pay-as-you-go, sen- to continue, maybe not under pay-go. the deficit. ators promise every year to show spending I would like to bring my colleagues’ discipline—the next time around. Some people say let’s raise somebody attention one of today’s editorials in An effort to add an evenhanded pay-as-you- else’s taxes to pay for them. That is a the Washington Post, urging reinstate- go rule failed on a party-line vote in the Sen- recipe for getting nothing done. We ment of the pay-go rules. I ask unani- ate Budget Committee last week. The Senate want to continue present law on the mous consent that a copy of the edi- should fix that omission before it approves taxes. It is very interesting that torial be printed in the RECORD imme- another irresponsible budget. And law- present law on spending does not have diately following my remarks. makers should show discipline by requiring to be paid for. We have a lot of spend- themselves to pay for all their tax cuts—not ing programs that also have sunset The PRESIDING OFFICER. Without carving our popular middle-class breaks like objection, it is so ordered. the child tax credit, and certainly not speed- provisions, but they do not have pay-go (See exhibit 1.) ing up repeal of the estate tax, for special when they are reauthorized, when they Mr. MCCAIN. Mr. President, I want budgetary treatment. are extended. to clarify that I firmly support the The PRESIDING OFFICER. The Sen- If you extend the farm bill—I have a three proposed tax extensions in the ator from Wisconsin is recognized. whole list of programs—Temporary As- pending budget resolution. I fully ex- Mr. FEINGOLD. Mr. President, I can- sistance for Needy Families, food pect that when tax legislation is con- not tell you how pleased I am to have stamps, Commodity Credit Corpora- sidered by the Chamber in the weeks the support of these two Senators. tion, veterans compensation, child care ahead, it will include extensions of the They are two Senators who are consist- entitlements, and State Children’s marriage penalty tax elimination, the ently devoted to protecting the tax- Health Insurance Program. All these, $1,000 child tax credit, and expanding payers in their State and in the coun- and many more, are temporary. They the 10 percent income tax bracket as try. I find, more than anything else, sunset. When they are extended, they called for in this resolution, and I will people looking for representatives who are assumed to be extended. They do support such legislation. This amend- truly come out here and take the tough not have to be paid for. But any tax ment is not an amendment in opposi- votes to protect the interests of the cuts—when I say tax cuts, marriage tion to those provisions, but rather, an taxpayers. penalty relief, child credit taxes, the amendment to promote fiscal responsi- As I indicated before, they are fig- rates that we now have, 35 percent bility and protect us from ourselves. uring out that despite all the troubles maximum, 10 percent—that 10 percent

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.018 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2515 is now going to revert to 15 percent un- them. Why weren’t they made perma- down, that is going to hit those fami- less we pay for it? Oh, that rate that is nent? They weren’t made permanent so lies to a greater extent. 25 percent today is going to go to 28 we could have this phony idea the def- All families, low income or other- percent unless we pay for it, but we do icit isn’t as bad as it really is out in wise, but particularly this 10-percent not make the appropriators pay for in- the future years. It is a gimmick. It is bracket was put in the law to help low- cremental expense. They can increase a game to make them temporary so income Americans pay less taxes. So it appropriations by any amount. They do you can say it is not going to cost more is a disastrous result on families, and not have to pay for it. in the outyears. Then when it comes we should not have to go to the extra My point is we have basically iden- time to face the music, what do we do? extreme of maintaining existing law. If tical pay-go under our resolution as We say the normal rules do not apply. for some reason we could not agree on this amendment provides, except we as- We do not require ourselves to pay for the necessary offsets that would be re- sume present law, I stated a while ago, it, or we do not require the 60 votes quired under Senator FEINGOLD’s with exception of AMT. AMT is basi- that are normally needed. amendment, or if we could not get 60 cally an extension of present law. Without the adoption of this amend- votes, then current law would expire The resolution we have before us was ment, we have done serious damage to and taxes would automatically go up, well thought out. It says let’s keep the integrity of the pay-go rules going without even any consideration by any present law intact, basically. Let’s not into the future. A system of rules such of us. There would be 535 people just have tax increases on families. Let’s as this depends on the integrity of the standing by and letting taxes go up. not make it more difficult for people to rules, that they be applied fairly and Some people may be willing to take keep present law. Let’s not tax them across the board. Allowing these ex- that risk, but I do not believe that is more next year under some rule, the emptions, even well-intentioned, with the right approach. Consequently, we present law. regard to certain tax cuts, undermines need to reject this amendment. We I know most of my colleagues do not the integrity of a system we all relied need to support working families of want to increase taxes on those fami- on to work in the 1990s. America by extending the tax reduc- lies, so we put it in the budget. Any- Mr. President, I reserve the remain- tions that have already been provided thing above that has to be paid for. So der of my time. for under current law. We need that to we have pay-go. If somebody says it Mr. NICKLES. Mr. President how be seamless. We do not want to take does not work, they did not look at the much time remains? any chance somehow somebody is Senate last year. I happened to be The PRESIDING OFFICER. The Sen- going to say next October, just before chairman of the Budget Committee. I ator from Oklahoma has 20 minutes. we adjourn for the election, well, we requested somebody to make 60-some Mr. NICKLES. I yield my colleague will worry about this next year. That is budget points of order, almost all of from Iowa such time as he desires. a bad situation to leave the families of which we prevailed on. If anybody The PRESIDING OFFICER. The Sen- America. They ought to know what tax thinks I am not willing to use pay-go ator from Iowa. policy is for the long haul. or any other budget rule to try and Mr. GRASSLEY. Mr. President, I am Certainty of tax policy is the best tax constrain spending, I think the facts going to oppose this amendment be- policy. Even if it might not be exactly will show quite differently. cause this amendment is not about the right tax policy, certainty of tax We will enforce the budget. The ques- paying for tax cuts; it is about avoid- policy is better than the uncertain sit- tion is whether we are going to allow ing a tax increase. Although I under- uation we have facing American work- people to keep the same rates they stand the desire to impose pay-go, it ing men and women today. have today or assume they are going to should not apply to current law, and I yield the floor. have a tax increase unless we find some that is a very important distinction. The PRESIDING OFFICER. The Sen- other tax increase to pay for it. Under current law, we have a number ator from Oklahoma. I urge our colleagues to vote against of tax provisions, including the ex- Mr. NICKLES. Mr. President, I will this amendment. I reserve the remain- panded 10-percent tax bracket, the be shortly yielding back the remainder der of my time. $1,000-per-child tax credit, and mar- of our time. I believe our agreement The PRESIDING OFFICER. The Sen- riage penalty relief that will expire at was we would go to the Byrd amend- ator from Wisconsin. the end of this year. If we do not ex- ment first. I think we agreed to have 1 Mr. FEINGOLD. Mr. President, I wish tend these provisions, taxes will go up, minute on each side to recap the de- I could say what is in the budget reso- and taxes will go up automatically. bate. lution before us is pay-go, but it is not As I have said before in several other The PRESIDING OFFICER. That is pay-go. It is pay-go without an abso- points I have been making on other correct. lutely critical component, and that is amendments, it is one thing for Con- Mr. NICKLES. I have already asked making it apply to the tax cuts. It is gress to have guts enough to vote a tax Senator BYRD to come in. Has the Sen- almost like saying I want pay-go as increase, but it is quite another to let ator from Wisconsin concluded? long as it does not apply to what I taxes go up automatically without a Mr. FEINGOLD. Mr. President, I want, and that is not the pay-go that vote of the people. I think that is want to know, do I have 30 seconds re- worked in the 1990s. That is not the wrong. maining? pay-go that brought us a balanced In order to extend the existing tax The PRESIDING OFFICER. That is budget. law, we need to pass legislation yet correct. I have to reiterate, this does not stop this year if we are going to have a Mr. FEINGOLD. Let me point out to the tax cuts the Senator from Okla- seamless continuation of present tax the Senator from Iowa, for whom I also homa is talking about—child care cred- law into the year 2005 and beyond. That have enormous regard and really enjoy it, 10-percent bracket, marriage pen- is what this amendment is all about. working with, he indicated he wanted alty. Not only can all of these survive We are going to either extend current to make sure this pay-go goes through under pay-go, they will. They just need law or we are going to let taxes go up. the way they have it in the budget res- to get 60 votes. I predict in each case, Requiring the Senate to pay for this olution in order to make sure tax cuts they will probably get 35 to 40 extra tax relief we already have in the law, that are current law continue. The fact votes on top of that, if anyone even that would not be in the law if we do is they are not in current law. The cur- raises the point of order. So it is sim- not take some action this year, could rent law says they shall expire. That is ply false to say somehow this stops the lead to disastrous results. We are talk- the law. The law is they are going to tax cuts from being extended. ing about disastrous results for fami- expire. Let’s be honest about it. The only lies, such as if one is married and they In order to continue these tax cuts, a reason this exemption is needed is get hit with the marriage penalty, that new law must be passed. All I am say- those tax cuts were not made perma- is a major concern to those families ing is the pay-go rule should apply to nent. Had they been made permanent, who have to pay more. If they have that new law, to those new tax cuts, the Senator from Oklahoma would not children and they benefit from the because otherwise we are not applying have to be worrying about extending $1,000 child credit and that credit goes the rules that are applied to everything

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.130 S10PT1 S2516 CONGRESSIONAL RECORD — SENATE March 10, 2004 else. I think it is an important distinc- Mr. NICKLES. We could go back and The PRESIDING OFFICER. Is there tion. forth all day. I would like to start the objection? Without objection, it is so It is not by accident these were set rollcall vote very quickly. If Senator ordered. up to expire. LEVIN is in the Chamber, this would be Mr. REID. Mr. President, have the They would have been in violation of the time for him to speak. yeas and nays been ordered? the budget because they caused deficits Mr. REID. He is not going to use his The PRESIDING OFFICER. The yeas in the outgoing years. time. and nays have not been ordered. I yield the floor. Mr. NICKLES. If Senator FEINGOLD Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The Sen- wants an additional minute, that will for the Byrd amendment. ator from Oklahoma. be fine. I will take an additional The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, my col- minute. ator from Oklahoma. league from Wisconsin is correct, these Mr. REID. I will yield back the 4 Mr. NICKLES. Mr. President, I be- tax changes we made last year expire minutes when he finishes his time. lieve our regular order would be we would revert to the Byrd amendment at the end of this year. Actually, I Mr. NICKLES. I would be happy to with 1 minute debate on each side. think they have been in effect for 2 grant Senator FEINGOLD an additional The PRESIDING OFFICER. That is years. If we do not extend them, it is minute. I will take an additional minute and then we will hear from correct. Is the Senator yielding back going to be a tax increase on American his time on the Feingold amendment? families. We are trying to protect Senator BYRD and we will vote. The PRESIDING OFFICER. The Sen- Mr. FEINGOLD. I ask for the yeas American families. and nays. I heard my colleague from Wisconsin ator from Wisconsin. Mr. FEINGOLD. Mr. President, I ap- Mr. NICKLES. I yield the remainder say we want to protect taxpayers. That of my time on the Feingold amend- is exactly what we are trying to do. We preciate the opportunity to debate the Senator from Oklahoma. I join with ment. are basically saying over $13 trillion in Mr. REID. I yield Senator LEVIN’s him on the issue when it comes to the spending and about $12 trillion in reve- time. nues. The only thing we are trying to taxpayers. The lesson we learned in the The PRESIDING OFFICER. Is there protect over the next 5 years is $144 bil- 1990s is the worst thing that can be an objection to the request of the Sen- lion. That is basically extending done to the taxpayers of this country is ator that the yeas and nays be ordered? present law to make sure people do not to run record deficits and destroy the Is there a sufficient second? There have a tax increase from what their tax fiscal integrity of this country. appears to be. rates are today. Above that, we have The only question is: Are we going to The yeas and nays were ordered. pay-go. That is basically what our res- have across-the-board, tough budget Mr. FEINGOLD. Mr. President, I ask olution says, with the exception of the rules to protect the taxpayer dollars, for the yeas and nays on my amend- energy bill, and perhaps one other or are we going to have holes in those ment. minor provision; AMT is an extension rules that will make sure the taxpayers The PRESIDING OFFICER. Is there a of present law. get in a deeper hole with the deficits? sufficient second? There appears to be. Those tax cuts will not be denied be- We do not want the families who are The yeas and nays were ordered. cause of these rules this year. The tax- paying taxes today to have a big tax AMENDMENT NO. 2735 payers of this country will get the 10 increase, if they have 4 kids, of $2,200 The PRESIDING OFFICER. The Sen- percent. They will get the continued next year. So we said everything else, ator from West Virginia is recognized elimination of the marriage penalty. yes, is pay-go. We do not have pay-go for 1 minute. They will get the child care credit. If Mr. BYRD. Mr. President, the debate for the farm bill. We do not have pay- we go with my amendment, they will about budget deficits is taking place go for all of these multitude of entitle- get that and also get the fiscal dis- all across this country. Ironically, the ment programs I mentioned. They all cipline rules that brought them a bal- one place where debate is discouraged sunset. They all expire at a certain pe- anced budget at the end of the 1990s. on this matter is right here in the riod of time. There are some real in- I yield the floor. world’s greatest deliberative body. My equities, almost a bias, for more spend- The PRESIDING OFFICER. The amendment would strike the tax rec- ing. We do not have pay-go for incre- Democratic whip. onciliation instructions to the Finance mental increases in discretionary Mr. REID. Mr. President, would the Committee that would shield tax cut spending, but we say, oh, if you want to distinguished manager of the bill en- legislation that worsens the deficit keep your present tax level, you have tertain having the second 2 votes 10- from a thorough debate in the Senate. to pay for it. minute votes rather than 15-minute To use reconciliation to increase the What some people mean by that is we votes? deficit is an abuse of the budget proc- want to have higher taxes on somebody Mr. NICKLES. I was going to make ess. It doesn’t matter whether it is an else. The net result could be, especially that request. $81 billion tax cut, a $350 billion tax in a political year, one where the par- Mr. President, I yield the remainder cut, or a $1.35 trillion tax cut, the tisan feelings are so strong you would of my time. What we agreed to do pre- Budget Act framers—and I was one of end up with no tax bill, which ends up viously was to stack the three votes. them—did not contemplate all this dif- increasing taxes on American families. Senator BYRD would be first. We agreed ficulty, did not contemplate reconcili- I do not want that to happen. to have the proponents and opponents ation would ever be used to worsen the If we look at the total amount of each have a minute before each vote. I deficit. Not until 1999, after 25 years of money spent, the difference is $144 bil- ask unanimous consent that we vote on restraint, was this abuse of the process lion. We are saying we want to apply Senator BYRD’s amendment and that first perpetrated. pay-go above everything else. When the following two votes be limited to 10 If this budget resolution passes with talking about $13 trillion, it is not that minutes each. these reconciliation instructions in- significant. I think it is important to The PRESIDING OFFICER. Is there cluded, the Senate will be denied the protect the $144 billion, so we protect objection? opportunity to forge a consensus that American families so they do not have Mr. BYRD. Mr. President, reserving would allow it to extend these tax cuts a tax increase next year. the right to object, I wanted to inquire and pay for them. I reserve the remainder of my time if I might find a way to speak for not That is the issue on which we vote and yield the floor. to exceed 2 minutes in opposition to today. A vote to strike the reconcili- The PRESIDING OFFICER. The Sen- the amendment that is offered by Sen- ation instructions is a vote to allow ator from Nevada. ators WARNER and STEVENS. the Senate to work its will and to per- Mr. REID. On our side, it is my un- Mr. REID. I have no problem with mit the further worsening of the def- derstanding Senator LEVIN has 5 min- that. icit. I urge my colleagues to support utes remaining. Mr. NICKLES. I modify my request the amendment, and I thank the Chair. Mr. NICKLES. That is correct. so that there be 2 minutes on each side Mr. NICKLES. I alert my colleagues Mr. REID. I ask Senator FEINGOLD prior to the vote on the amendment of we are going to start 3 rollcall votes have 1 minute of that 5 minutes. Senator WARNER and Senator STEVENS. momentarily.

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.133 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2517 The only way to make sure there is McCain Santorum Sununu that the Secretary of Defense cannot not a tax increase on American fami- McConnell Sessions Talent account for billions of taxpayer dollars. Miller Shelby Thomas lies is to pass reconciliation. Maybe we Murkowski Smith Voinovich The General Accounting Office esti- don’t need it. I hope we don’t need it. Nelson (NE) Snowe Warner mates the very earliest the Defense De- Maybe we will have some good bipar- Nickles Specter partment could possibly pass an audit Roberts Stevens tisan cooperation and we can extend would be 2007, and that is optimistic. present law to make sure these fami- NOT VOTING—1 The administration does not even know lies don’t have a tax increase, but this Johnson how much time and how much money is a pretty partisan time. We can’t The amendment (No. 2735) was re- it will take to fix the accounting prob- even get conferees appointed to the jected. lems. Workforce Reinvestment Act, which Mr. NICKLES. I move to reconsider It is absurd that the administration would help people to get jobs. Some the vote. is proposing to cut vital domestic in- people are just playing games. I don’t Mr. CRAIG. I move to lay that mo- vestments while billions and billions of want to play games with the American tion on the table. dollars are lost every year in the Pen- family. We only reconcile $81 billion The motion to lay on the table was tagon’s broken accounting system. out of $12 trillion. agreed to. Such waste would not be tolerated I want families to have a tax cut. I AMENDMENT NO. 2742 from any other Department. want them to keep the same tax law The PRESIDING OFFICER. There I suggest the Pentagon would be they have today. That is a savings of are now 4 minutes evenly divided prior more careful with its money if it had $1,600 for a family of four that has tax- to a vote on the Warner amendment. less of it to waste. The Defense Depart- able income of $58,000. The only way we The Senator from Virginia. ment’s budget is already bloated at can really assure that is going to hap- Mr. WARNER. Mr. President, of the 2 $414 billion. I cannot support this pen, or increase the likelihood that minutes under my control, I would like amendment to add another $6.9 billion will happen, will be to have reconcili- to give a minute to my distinguished to the budget resolution for the Pen- ation. I wish that wasn’t necessary, but colleague, Senator STEVENS. tagon when it cannot explain to the unfortunately it is. You can have a lot The PRESIDING OFFICER. The Sen- American taxpayers how their hard- of people play games with the tax bill ator from Alaska. earned money is being spent. if it comes through and it has unlim- Mr. STEVENS. Mr. President, the Mr. President, I yield back the re- ited amendments. amendment I have cosponsored with mainder of my time. Maybe we won’t need reconciliation. Senator WARNER will restore the Presi- The PRESIDING OFFICER. The Sen- Chairman GRASSLEY asked me to make dent’s request for the Department of ator from Virginia. sure we have it as an option, and I Defense. I understand the reasons why Mr. WARNER. Mr. President, I say to think it is important to do so. If we the Budget Committee did not bring my distinguished colleague in reply don’t, you may well see the $1,000 tax this full number out of the committee, that you have brought this to the at- credit per child go to $700, you may but we wish to restore the President’s tention of the Senate year after year, well see the marriage penalty relief request in full. as you should. disappear and increase taxes on couples We are engaged in a global war Mr. BYRD. Yes. $900. I urge our colleagues to vote no against terrorism. We have troops in Mr. WARNER. We are endeavoring, on the amendment. Afghanistan, Iraq, and Haiti. More through oversight and otherwise, to The PRESIDING OFFICER. The than half of our forces are overseas at correct it. But those problems in no question is on agreeing to the amend- the present time. I do not think it is way are owing to the valor of the men ment. The yeas and nays have been or- time for us to cut the President’s re- and women in uniform and their fami- dered. The clerk will call the roll. quest for the Department of Defense. lies. The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- Mr. BYRD. Right. Mr. REID. I announce that the Sen- ator from Virginia. Mr. WARNER. That is what this vote ator from South Dakota (Mr. JOHNSON) Mr. WARNER. Mr. President, I will is for. is necessarily absent. be happy to follow with the remainder I yield back the remainder of my time. The PRESIDING OFFICER (Mr. AL- of my time, if the other side wishes to The PRESIDING OFFICER. The Sen- EXANDER). Are there any other Sen- address this issue. ator from Oklahoma. ators in the Chamber desiring to vote? The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, I want The result was announced—yeas 47, ator from North Dakota. Mr. CONRAD. Mr. President, on this to remind our colleagues, this is a 10- nays 52, as follows: side we urge our colleagues to support minute rollcall vote. We will have one [Rollcall Vote No. 36 Leg.] this amendment. We think when our other vote immediately following that. YEAS—47 forces are in the field, when they are in For the information of our colleagues, Akaka Dodd Leahy combat half a world away, we ought to it is our expectation to have more roll- Baucus Dorgan Levin meet the Commander in Chief’s request call votes, probably to begin at around Bayh Durbin Lieberman 8:45. Biden Edwards Lincoln for funding. Bingaman Feingold Mikulski We will offer an amendment at a The PRESIDING OFFICER. The Boxer Feinstein Murray later point in the queue to fully pay for question is on agreeing to amendment Breaux Graham (FL) Nelson (FL) this amendment. We think that is an No. 2742. Byrd Harkin Pryor Cantwell Hollings appropriate way to handle this matter. Mr. NICKLES. Mr. President, I ask Reed Carper Inouye Reid But for the moment, on this amend- for the yeas and nays. Chafee Jeffords Rockefeller ment, we think the right vote is to sup- Mr. WARNER. Mr. President, the Clinton Kennedy Conrad Kerry Sarbanes port the request of the Commander in yeas and nays have already been or- Corzine Kohl Schumer Chief while our forces are in combat. dered. Daschle Landrieu Stabenow The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The yeas Wyden Dayton Lautenberg ator from West Virginia. and nays were ordered. NAYS—52 Mr. BYRD. Mr. President, how much The clerk will call the roll. Alexander Coleman Frist time do I have? The bill clerk called the roll. Allard Collins Graham (SC) The PRESIDING OFFICER. Two Mr. REID. I announce that the Sen- Allen Cornyn Grassley minutes in opposition. ator from South Dakota (Mr. JOHNSON) Bennett Craig Gregg Bond Crapo Hagel The Senator from Virginia. is necessarily absent. Brownback DeWine Hatch Mr. BYRD. Mr. President, I have the The PRESIDING OFFICER. Are there Bunning Dole Hutchison utmost respect for the two authors of any other Senators in the Chamber de- Burns Domenici Inhofe this amendment. They know that. siring to vote? Campbell Ensign Kyl Chambliss Enzi Lott The Defense Department is plagued The result was announced—yeas 95, Cochran Fitzgerald Lugar with accounting problems so severe nays 4, as follows:

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.135 S10PT1 S2518 CONGRESSIONAL RECORD — SENATE March 10, 2004 [Rollcall Vote No. 37 Leg.] cally other than that with a minor cou- Stevens Talent Voinovich YEAS—95 ple other things, is pay-go. We have Sununu Thomas Warner Akaka Dole Lugar pay-go on everything that is not as- NOT VOTING—1 Alexander Domenici McCain sumed in the budget. This chart shows Johnson Allard Dorgan McConnell most of it. That is tax relief for Amer- Allen Durbin Mikulski The amendment (No. 2748) was agreed Baucus Edwards Miller ican families. to. Bayh Ensign Murkowski We should protect taxpayers. We do Mr. CONRAD. Mr. President, I move Bennett Enzi Murray not have pay-go for expansion of enti- Biden Feingold to reconsider the vote. Nelson (FL) tlements that sunset, but we do for tax Bingaman Feinstein Nelson (NE) Mrs. CLINTON. I move to lay that Bond Fitzgerald Nickles cuts that are sunset. That is not fair to motion on the table. Boxer Frist Pryor the taxpayers. Let us protect tax- The motion to lay on the table was Breaux Graham (FL) Reed Brownback Graham (SC) payers. agreed to. Reid Bunning Grassley We have pay-go in the underlying The PRESIDING OFFICER. The Sen- Roberts Burns Hagel Rockefeller resolution. Last year, I and others ator from Oklahoma. Campbell Harkin made 62 points of order to cut spend- Mr. NICKLES. Mr. President, for the Cantwell Hatch Santorum Chafee Hollings Sarbanes ing. We used pay-go. We will use it information of our colleagues, Senator Chambliss Hutchison Schumer again this year. We have it in this CONRAD and I are trying to work out an Sessions Clinton Inhofe budget resolution. I urge my colleagues agreement on which amendments will Cochran Inouye Shelby Coleman Kennedy Smith to vote no on the Feingold amendment. be going next. I believe we have an un- Collins Kerry Snowe For the information of colleagues, we derstanding that Senator BAUCUS will Conrad Kohl Specter expect to have about a 2-hour window, offer an amendment. At that point, Cornyn Kyl Stabenow and we expect to have more rollcall Senator VOINOVICH will offer an amend- Corzine Landrieu Stevens Craig Lautenberg Sununu votes probably beginning about 8:45 or ment, and I think I will stop there. I Crapo Leahy Talent 9 p.m. know Senator CONRAD is trying to line Daschle Levin Thomas The PRESIDING OFFICER. The Sen- up one or two more. Dayton Lieberman Voinovich DeWine Lincoln Warner ator from West Virginia. It is our hope that people would not Dodd Lott Wyden Mr. BYRD. Mr. President, parliamen- want too much time on their amend- NAYS—4 tary inquiry. ments so we could expedite as many amendments as possible. Byrd Gregg The PRESIDING OFFICER. The Sen- Carper Jeffords ator will state his inquiry. Again I will repeat, we expect votes to occur probably shortly before 9. NOT VOTING—1 Mr. BYRD. How much time was con- sumed on the last rollcall? The PRESIDING OFFICER. The Sen- Johnson The PRESIDING OFFICER. Nineteen ator from Montana. The amendment (No. 2742) was agreed minutes. AMENDMENT NO. 2751 to. Mr. BYRD. Nineteen minutes. I Mr. BAUCUS. I have an amendment Mr. WARNER. Mr. President, I move thank the Chair. at the desk and I ask for its immediate to reconsider the vote. The PRESIDING OFFICER. The consideration. Mr. CONRAD. I move to lay that on question is on agreeing to amendment The PRESIDING OFFICER. The the table. No. 2748. The yeas and nays have been clerk will report. The motion to lay on the table was ordered. The clerk will call the roll. The assistant legislative clerk read agreed to. Mr. REID. I announce that the Sen- as follows: AMENDMENT NO. 2748 ator from South Dakota (Mr. JOHNSON) The Senator from Montana [Mr. BAUCUS] The PRESIDING OFFICER. There is necessarily absent. proposes an amendment numbered 2751. will now be 2 minutes of debate, evenly The PRESIDING OFFICER (Mr. Mr. BAUCUS. Mr. President, I ask divided, prior to a vote on the Feingold COLEMAN). Are there any other Sen- unanimous consent that the reading of amendment. ators in the Chamber desiring to vote? the amendment be dispensed with. The Senator from Wisconsin. The result was announced—yeas 51, The PRESIDING OFFICER. Without Mr. FEINGOLD. Mr. President, this nays 48, as follows: objection, it is so ordered. amendment will simply return us to The amendment is as follows: the rules by which Congress played in [Rollcall Vote No. 38 Leg.] the decade of the 1990s. We eliminate YEAS—51 (Purpose: To strike the outlay reconciliation instruction to the Committee on Finance) the exceptions to pay-go included in Akaka Dodd Levin last year’s resolution that exempt new Baucus Dorgan Lieberman Strike section 201(c). Bayh Durbin Lincoln Mr. BAUCUS. Mr. President, this tax cuts and new mandatory spending Biden Edwards McCain included in the budget resolution, an Bingaman Feingold Mikulski amendment would eliminate the rec- exception that facilitates more damage Boxer Feinstein Murray onciliation instruction in the budget to the Federal bottom line. Breaux Graham (FL) Nelson (FL) resolution directing the Finance Com- Byrd Harkin Nelson (NE) mittee to produce savings in manda- This amendment will not—I repeat, Cantwell Hollings Pryor will not—prevent the extension of the Carper Inouye Reed tory programs within the committee’s expiring 10-percent bracket or the child Chafee Jeffords Reid jurisdiction. The amendment is based Clinton Kennedy Rockefeller on an assumption in the resolution tax credit or the marriage penalty. Collins Kerry Sarbanes This body will vote to extend those tax Conrad Kohl Schumer that our committee would cut Med- cuts by a huge margin, and I will be Corzine Landrieu Snowe icaid by $11 billion over 5 years, and re- part of that huge margin. But this Daschle Lautenberg Stabenow duce earned-income tax credit outlays Dayton Leahy Wyden amendment will return some of the by $3 billion. budget discipline that helped us bal- NAYS—48 Let me begin by clearing up one com- ance the budget. Alexander DeWine Lott mon misconception. Some may think Deficits matter. Debt matters. Let’s Allard Dole Lugar the budget calls for the Finance Com- Allen Domenici McConnell mittee to produce legislation that not leave our children and grand- Bennett Ensign Miller saves $3.4 billion over 5 years, since children with an even bigger tab than Bond Enzi Murkowski we have already stuck them with. Brownback Fitzgerald Nickles that is the figure in the reconciliation I yield the floor. Bunning Frist Roberts instruction. In fact, the Finance Com- Burns Graham (SC) Santorum The PRESIDING OFFICER. The Sen- Campbell Grassley mittee would have to produce $21.6 bil- Sessions ator from Oklahoma. Chambliss Gregg lion in savings. Why? Because the Shelby Cochran Hagel Mr. NICKLES. Mr. President, I urge Smith budget resolution calls for extending our colleagues to vote no on this Coleman Hatch the child tax credit and marriage pen- Cornyn Hutchison Specter amendment. These are the tax cuts we Craig Inhofe alty relief. Since a portion of the child are trying to protect. Everything, basi- Crapo Kyl tax credit and marriage penalty relief

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.022 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2519 is refundable, these count as outlays in Mr. BAUCUS. Mr. President, actually credit, and with good reason. The the budget process. So extending the it is not agreeable. I would like an earned-income tax credit was created child tax credit and marriage penalty hour. I may not use it all, but I would in 1975 as a bipartisan effort to reduce relief, as the President has proposed like an hour, equally divided. the tax burden on low-income Ameri- and as the budget resolution provides, Mr. CONRAD. Equally divided. I ask cans. It provides a powerful incentive and which I support and I think the the chairman, could we say we have an for people to work. It has played a very vast majority of Members of this body hour equally divided on that amend- large role in moving poor families from support, it will have the effect of in- ment and 30 minutes on the other welfare to work. It has reduced pov- creasing outlays also by $18.2 billion three, equally divided, and reach that erty. over 5 years. agreement? Nearly 4.8 million people, including To produce legislation that generates The PRESIDING OFFICER. The Sen- 2.6 million children, are lifted out of net outlay reductions of $3.4 billion, ator from Oklahoma. poverty each year because of the EITC. Mr. NICKLES. I will modify the re- and the additional $8.2 billion cost, the By all accounts, the earned-income tax quest that there be an hour equally di- Finance Committee would have to credit has been successful, and it has vided on the Baucus amendment and draft legislation to reduce spending by been effective. the other three amendments I referred $21.6 billion—again, not the $3.4 billion While the earned-income tax credit over 5 years, which is the figure in the to be equally divided. The PRESIDING OFFICER. Is there has achieved its policy aims, and I budget resolution. It would actually objection? might add with incredible success, a have to be $21.6 billion. Mr. SARBANES. I object. I object. 1999 Treasury audit of EITC returns The budget resolution assumes the The PRESIDING OFFICER. Objec- shows that noncompliance is a prob- Finance Committee will pass legisla- tion is heard. The Senator from Mon- lem. And it is a problem. Noncompli- tion that cuts Medicaid by $11 billion tana has the floor. ance in the EITC has been a problem. I and cuts the earned-income tax credit Mr. BAUCUS. Mr. President, let me believe, however, that noncompliance by $3 billion and comes up with the re- just recap briefly so Senators under- on the earned-income tax credit is maining $7.6 billion by extending cus- stand my amendment. I explained largely due to errors, not because of toms user fees. where we were before the break in the fraud. Both the complexity of the tax Mr. CONRAD. Will the Senator with- action. credit and the complex living situa- hold for one moment? I apologize. I am offering an amendment which tions are responsible for the high error Mr. BAUCUS. Absolutely. would eliminate the reconciliation in- rate. The PRESIDING OFFICER. The Sen- struction to the budget resolution di- Let me give an example. There is an ator from North Dakota. recting the Finance Committee to IRS publication called publication 596. Mr. CONRAD. Mr. Chairman, would produce savings in mandatory pro- That is the IRS instructions and forms you like to present a unanimous con- grams within the Finance Committee’s for the earned-income tax credit. Guess sent request on time agreements on the jurisdiction. The amendment, as I men- what. It is 52 pages long. Can you imag- next four amendments? tioned earlier, is based on the assump- ine somebody sitting down at his or her Mr. NICKLES. Mr. President, we tion in the resolution that the com- kitchen table trying to figure out the have three or four amendments in the mittee would cut Medicaid by $11 bil- earned-income tax credit? The IRS queue. I believe they are the amend- lion over 5 years and reduce the takes more pages to explain the ment of Senator BAUCUS, the amend- earned-income tax credit outlays by $3 earned-income tax credit than it does ment of Senator VOINOVICH, the amend- billion. to explain the complicated alternative ment of Senator NELSON, and the Some may think the budget calls for minimum tax. Guess how many pages amendment of Senator CORZINE. the Finance Committee to produce leg- are in that. Eight. They are eight ter- I ask unanimous consent there be 30 islation that saves $3.4 billion over 5 rible pages, but there are only eight of minutes equally divided on each of years, since that is the figure in the them. The EITC booklet has 52 pages. those four amendments. reconciliation. Actually, the com- Obviously, it is unnecessary com- The PRESIDING OFFICER. Is there mittee would have to produce savings plexity. objection? Without objection, it is so of $21.6 billion, and that is basically be- ordered. cause the resolution calls for extending Senator GRASSLEY and I fashioned a Mr. SARBANES. Reserving the right the child tax credit and the marriage series of reforms that were enacted as to object, can I get in that queue? penalty relief, as the President has pro- part of the 2001 tax cut legislation. The The PRESIDING OFFICER. The Sen- posed, and as provided for in the budget Treasury expects those changes alone ator from Maryland. resolution and which I support. I think will reduce earned-income tax credit Mr. BAUCUS. Mr. President, I re- the vast majority of the Members here overpayments by about $2 billion a serve the right to object, too. support it. year. So we are doing something about Mr. SARBANES. Can I get on that As a consequence of all that, the out- it. We all recognize more needs to be queue? lays have to be increased $18.2 billion done, and we will all work together to Mr. NICKLES. You would have to over 5 years, and that is, again, be- see that this work gets done. talk to your manager. cause the earned-income tax credit is But the remaining work is adminis- Mr. CONRAD. I will be happy to refundable. So you add it all together trative; it is not legislative. As this ad- make that the fifth amendment. and it actually comes up to $21.6 billion ministration has indicated, finding Mr. NICKLES. What amendment that has to be cut, not the figure of $3.4 ways to identify earned-income tax fil- would that be? billion contained in the budget resolu- ers who were not compliant, and to Mr. CONRAD. The firefighters tion. save money by preventing losses to the amendment. I might add that I think neither the Treasury, is primarily an administra- Mr. NICKLES. I am not familiar with earned-income tax credit cuts nor the tive issue, not one that can be achieved the amendment. I would like to see it. Medicaid cuts make a lot of sense. Let through legislation. One can’t simply I expect I would agree to it. me start with the earned-income tax wave a wand and pass a law mandating Mr. CONRAD. It is the amendment credit. That is a feature in the Tax a lower error rate. That takes a lot of offered in the committee. I would say Code that President Reagan once administrative work. The IRS and what we would like to accomplish. The hailed as—and let me give his quote: Treasury are working on it now. They next round of votes has been set for 8:45 . . . the best anti-poverty, the best pro- are conducting a major pilot project to or 9 o’clock. We would like to get the family, the best yet creative measure to test new procedures which the agency next group of amendments debated so come out of Congress. hopes will reduce overpayments. I hope they could be voted on at that time. I think he is right. The earned-in- the Treasury reduces overpayments, That is why we are trying to have very come tax credit has done a lot to lift and the IRS is also likely to conduct a tight time limits on these amend- people out of poverty. second pilot this summer. I and other ments. Would that be agreeable to the President Bush has not proposed any Senators want to see whether these Senator? reductions in the earned-income tax procedures work, while making sure

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.141 S10PT1 S2520 CONGRESSIONAL RECORD — SENATE March 10, 2004 they don’t cause honest, eligible work- Second, many workers will not want to ernors Association. In a letter last ing families to lose earned-income tax do this because they believe their earn- week, the National Governors Associa- payments for which they qualify. ings or their spouse’s earnings may rise tion chair and vice chair, Governor But I believe administrative action is during the year which would make Kempthorne of Idaho and Governor the proper course. Let me reiterate them eligible for a smaller EITC or no Warner of Virginia, had this to say: that no legislative remedies are at EITC at all, and if they received EITC States are currently emerging from the hand that the Joint Committee on Tax- payments during the part of the year most severe budget crisis since World War II. ation has found will generate signifi- their family’s income was lower, they And nearly every State has enacted difficult cant savings—no legislation. Reducing would have to write the IRS a check cuts to its Medicaid program, including both paying back the EITC when they file eligibility levels and provider payments. errors is primarily administrative, and Federal funding reductions would force the budget resolution’s reconciliation their tax returns. Not everyone in this States to implement even deeper cuts by re- instructions to the Finance Committee situation is likely to file a separate stricting eligibility, eliminating or reducing would unfortunately force the com- amended tax return or have the cash to critical health benefits, and cutting or freez- mittee to cut the EITC itself. It doesn’t pay the EITC back. As a result, this ing provider reimbursement rates. As a re- really address the error rate. could actually increase errors. It could sult, the Medicaid funding cuts could add For hard-working, low-income fami- increase overpayments as well as caus- millions more to the ranks of the uninsured ing many families considerable dif- and would harm our Nation’s health care lies, the EITC offsets income, payroll, safety net. or Federal excise taxes. It would thus ficulty. It would not save money. Suppose We should listen to the Governors. raise taxes for these working families; They are bipartisan. This is not a bi- that is, if the EITC were cut. you instituted this system starting in the tax year 2005. It means next year partisan issue. It is bad enough we continue to let Opposition to the cuts extends be- the minimum wage erode. We should low-income workers would receive both their EITC tax refund for the tax year yond the Governors to hundreds of or- not be raising the taxes on the working ganizations of hospitals, doctors, poor on top of that by cutting the 2004 and their EITC payments for tax year 2005 which would be provided in nurses, veterans, disability advocates, EITC. The Senate should take a firm patients’ advocates, and nursing stand against raising taxes on working their paychecks throughout the year. The result would be the earned-income homes. Americans. Some have argued the savings could tax credit costs would nearly double in The chairman’s mark in the Budget come—harmlessly, they seem to sug- 2005. That would increase costs, not re- Committee last week lays out two gest—by merely cutting ‘‘fraud and duce them. ways to achieve these so-called EITC abuse,’’ particularly in State financing savings. One way is a tax increase, pure This is not the time to cut Medicaid. Medicaid provides a crucial health care arrangements. But this is a false and simple. The other way is adminis- lifeline to more than 50 million Ameri- premise. Not one, not the administra- tratively infeasible and would generate cans. It is a critical player in our tion and not the chairman of the Budg- strong opposition from small business et Committee—not one—has proposed a health care safety net. Medicaid pays owners. The only way the second meth- policy to limit State financing ar- for about 40 percent of all births in this od could be designed so it would save rangements they decry. The adminis- country. It pays for almost half of all money would be to make it, too, into a tration’s exhortations on this matter nursing home days. Its reach stretches tax increase. Let me explain. are so vague the Congressional Budget throughout the health care system, The first of two options in the chair- Office has not scored the administra- and substantial costs will be felt in man’s mark is to repeal the EITC for tion’s proposal as producing any sav- every corner of this Nation if this cut very poor workers, particularly work- ings in Medicaid. No one has even were to proceed. ers without children. According to the claimed any specific proposals could Even without these proposed cuts, raise $11 billion as essentially called IRS, some 3.7 million low-income Medicaid beneficiaries and providers workers received this credit in the year for in this reconciliation instruction. are facing a very difficult year. Many To be clear, Congress has addressed 2003 and secured an average tax credit States have not yet emerged from their of a little over $200 each. These work- the fraud we hear about. worst financial crisis in several dec- The Finance Committee takes very ers are among the poorest, lowest paid ades, and Medicaid programs have been workers in the country. Only single seriously its oversight of the programs cut in virtually every State in the past within its jurisdiction. The committee workers with incomes below $11,490, 2 years. In fact, over the past 2 years, and married couples with incomes is dedicated to maintaining program States have instituted Medicaid integrity and ensuring taxpayer dollars below $12,490, would even qualify. changes that have resulted in between This credit equals a maximum of 7.65 are used wisely and efficiently. I am as 1.2 million to 1.6 million low-income strongly opposed to fraud as any Sen- percent of the first $5,000 in wages children, parents, elderly, and disabled these workers earn. As a result, this ator. But mandatory budget cuts are a people losing coverage and becoming blunt instrument unsuited to address credit simply offsets some or all of the uninsured. this difficult, complex problem, par- employee share of the payroll taxes Benefits and provider payments have ticularly in the absence of specific ad- these workers pay. Repeal it and the also been cut, resulting in bene- ministration proposals the Congres- net Federal tax burden on these work- ficiaries’ reduced access to needed serv- sional Budget Office scores as pro- ers rises. ices and greater cost shifting to indi- ducing savings. Furthermore, if this tax credit is re- viduals who are insured. The liability Some have argued this budget rec- pealed, poor, single workers will begin of our health care safety net is threat- onciliation instruction doesn’t matter. owing Federal income tax in addition ened. These cuts would have been sig- They argue if the Finance Committee to their payroll taxes when their earn- nificantly steeper had Congress not does not want to make these cuts, then ings only reach $7,950. That is nearly provided States with $20 billion in fis- it can simply not act. $2,000 below the poverty line. We can’t cal relief last year. But I ask, What if the House commit- do that. Such a change would literally Even after these Medicaid cuts and tees of jurisdiction do act? If the House tax these low-paid workers deeper into other budget cuts—and in many States passes a reconciliation bill, any single poverty. tax increases—States still face a new Senator could then use rule XIV to put The other option the chairman’s round of deficits estimated at $40 bil- that bill on the calendar, bypassing the mark lists for achieving these EITC lion in the coming year. Despite this Finance Committee. The Senate could savings is to require workers to get news, the Federal fiscal relief is ending then be facing a fast-track vehicle to their EITC payments in their pay- with the result that deeper Medicaid make unfair spending cuts that fall in checks rather than in the refund when cuts are likely. The last thing we need the Finance Committee’s jurisdiction they file their tax returns at the end of to do now is to reduce Federal funding without the committee ever having the year. This is unworkable. for Medicaid further and force deeper participated in the effort. First, some small employers will find cuts in Medicaid. I have high confidence in the chair- it very difficult to do. They would have We should instead heed the bipar- man of the committee, Senator GRASS- to have additional complexity to do it. tisan warnings of the National Gov- LEY of Iowa. He will find a good way to

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.143 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2521 deal with Medicaid and with Medicare. seeing small promising signs in the behind me, courtesy of the Brookings He is very fair. He works with all Sen- economy, my colleagues seem willing Institution, higher concentrations of ators. I think that is by far the pref- to deny the ability of lower income EITC recipients are in the dark orange erable procedure rather than the fast- families to help drive economic recov- at more than 40 percent, with the per- track procedure as I mentioned under ery by raising their taxes. The resolu- centage decreasing as the colors move rule XIV which bypasses the com- tion would partly fund tax cut exten- to yellow, then blue. We can see how mittee. It could well happen, if the sions and permanency on the backs of effectively the EITC reaches families House acts. the working poor with attacks on Med- and communities in large cities and all Finally, I note the House budget is icaid and the earned-income tax credit, across the rural South. Highest con- likely to reconcile much deeper cuts in EITC. These are simply mean-spirited centrations of EITC recipients as a per- these programs while acting as though actions against working families in centage of total filers in a state can be all such savings can somehow be this country. found in Alabama, Arkansas, Georgia, achieved by wishing away ‘‘fraud, The budget resolution would increase Louisiana, Mississippi, New Mexico, waste, and abuse.’’ I am deeply con- the number of underinsured and unin- South Carolina, and Texas. cerned about conference deliberations sured in this country by cutting more Finally, an analysis of delegations by on this matter. than $11 billion from Medicaid. The im- state clearly shows that the EITC This reconciliation instruction is a pact that this would have on already should remain a bipartisan issue. The very dangerous provision. It is one that strained state Medicaid programs and 18 States that have two Senators from could do real damage. My amendment the individuals who rely on this impor- my side of the aisle have 15.2 percent of to strike this reconciliation instruc- tant safety net would be devastating. all EITC earners, while the 19 States tion enjoys widespread support from States continue to face crisis situa- with two Senators from the other side many Governors, many health care tions with respect to their budgets. We of the aisle have an even greater per- providers, and organizations dedicated all know that Medicaid makes up a tre- centage of recipients at 17.2 percent of to helping the Nation’s children, mendous portion of state budgets, and all EITC filers. All total, EITC assist- among countless others. drastic cuts by states to balance their ance of almost $36 billion is lifting our I urge my colleagues to join me in budgets have swelled the rolls of those communities representing meaningful supporting the amendment. without insurance. The Center on relief for millions of EITC earners, I yield 10 minutes to the Senator Budget and Policy Priorities reports whose numbers grew by 8 percent be- from Hawaii to also speak on this that state cuts over the past 2 years tween tax years 2000 and 2002 due to the amendment. have shut between 1.2 million and 1.6 economic downturn and longer-term The PRESIDING OFFICER. The Sen- million people out of the Medicaid Pro- unemployment trends. ator from Hawaii. gram. Mr. President, in closing, we should Mr. AKAKA. Mr. President, I rise to Additionally, the reductions in Med- not be attempting to produce savings support an amendment offered by my icaid included in the budget resolution for ill-timed tax cuts by denying such colleague from Montana, Senator BAU- will lead to further cuts in coverage assistance to those in our states who CUS, the ranking member of the Fi- and benefits for people in need. They most need it. Without the Medicaid nance Committee. His amendment will prevent individuals from being program and the EITC, many families seeks to right wrongs perpetuated able to access health care, which will will go without health services and against low-income families in the increase the burden on our public fundamental, everyday priorities. The budget resolution before us. As he has health system. The uninsured delay Baucus amendment seeks to ensure explained, the pending resolution seeks seeking medical treatment, which is that the working poor will have access to make room for further tax cuts by likely to lead to more significant and to the healthcare that they and their instructing the Finance Committee to costly problems later on than if they children need, and the financial assist- make ill-advised cuts of $21.6 billion had sought earlier, preventative treat- ance that will provide for their essen- from Medicaid and the earned-income ment or had access to proper disease tial expenses. tax credit, EITC. management. These cuts will also fur- I have sent to my colleagues in the I am already concerned about the ther erode the ability of the hospitals, Senate a copy of the statement of the reconciliation instructions in the reso- physicians, and other medical pro- low-wage workers. I have also sent a lution that would further reduce fed- viders in our communities to meet the ‘‘Dear Colleague’’ letter to each office eral revenues by $80.6 billion for tax health care needs of the community. on the earned-income tax credit map cut extensions that we cannot afford. Our health care providers who already we have shown. We have felt in the current fiscal year are confronted with inadequate reim- I hope all of my colleagues will look the negative effects of these tax cuts bursements, rising costs, and an in- at the EITC predicament and support on important domestic programs creasing demand to provide care for the the Baucus amendment. starved for resources, while we con- uninsured. A tremendous $11 billion cut I yield the floor. tinue to put essential support toward would far exacerbate this problem and The PRESIDING OFFICER. Who our operations in Iraq and Afghanistan perhaps hold tragic consequences for yields time? and the global war on terror. I strongly welfare recipients only beginning to re- The Senator from Iowa. support our men and women in the build their way to self-sufficiency. Mr. GRASSLEY. Mr. President, I military who are fighting to preserve The resolution before us would also yield myself such time as I might con- our security, and we must not erode strike $3 billion from the EITC—a re- sume. further resources from them or the fundable credit that helps lower in- The PRESIDING OFFICER. Without people they are protecting at home by come individuals and families to meet objection, it is so ordered. extending tax breaks or making them essential needs—food, clothing, hous- Mr. GRASSLEY. Mr. President, dur- permanent. Although fully offset relief ing, transportation, and education. The ing this debate on this amendment, we to lower income families through Census Bureau notes that the credit have heard there is going to be $11 bil- measures such as the refundable child lifted nearly 4 million people above the lion cut from various programs under credit are seductive assumptions under poverty line in 2001. This year, families the jurisdiction of the Senate Finance this instruction, I understand that fur- can expect an average refund of $2,067, Committee. I have the budget resolu- ther assumptions in the resolution which can mean a stay of eviction, tion in front of me. I defy anybody to would allow an earlier repeal of the es- transportation to a decent paying job tell me where in this budget resolution tate tax in 2009 instead of 2010 and per- for the year, or food in children’s bel- there is an $11 billion cut. manency in other areas such as the lies. The EITC can mean the equivalent I want to make it clear. What has dividends and capital gains rate struc- of a $2 an hour raise in the salary for been said, thus far, is based on some as- tures at a cost of $22.7 billion. Now is working mothers and fathers. sumptions, assumptions that, in the simply not the time for such measures. I would like to present a visual image global view of all the possible assump- With due respect to my colleagues on of just which families are reached by tions that the Senate Finance Com- the other side of the aisle, while we are the EITC. As you can see in the chart mittee could draw on to save a little

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.146 S10PT1 S2522 CONGRESSIONAL RECORD — SENATE March 10, 2004 bit of money, it is in the realm of pos- cal policy of the Congress for the next sumptions because it is legitimate for sibility, but it is a very extreme possi- 12 months. That is all we are doing. We those of us in the Congress to expect bility of just exactly where the Senate are doing that so all the committees of the Budget Committee to be respon- Finance Committee ends up to save $3.4 Congress are disciplined. Before the sible. If you are going to put down a billion, not $11 billion. This comes from budget resolution, when it came to fis- figure, you ought to have something to the fact the budget includes an instruc- cal matters, every committee and sub- back it up. It should not be pulled out tion to the Finance Committee to rec- committee in Congress was a kingdom of the clear blue sky. It ought to be oncile $3.4 billion over 5 years. unto itself. And what was the fiscal based on certain assumptions. That is Now, if you were talking on ‘‘Main policy of the Congress of the United what the Budget Committee and the Street’’ in Waterloo, IA, about saving States? It was the total action of all chairman did, and that is what they $3.4 billion over 5 years, out of the tril- the separate committees. should be doing. Now, I am not bound lions of dollars that the Federal Gov- But the Budget Committee is set up by those. I have respect for those, ernment is going to spend over that pe- so that before you spend money, before though, I want to point out, as I have riod of 5 years, and you wanted to ex- you make tax policy, you have a well- respect for the work of the Budget plain to somebody that you could not thought-out process of keeping within Committee and its chairman. But I save a fraction of 1 percentage point, certain limits so that each committee don’t have to share the assumptions they would say: You better get some is not a kingdom unto itself, but they that any Budget Committee makes on businessperson to serve in the U.S. are disciplined by the total view ex- how to arrive at the figure. In this par- Senate because the average pressed in the Congress in a budget res- ticular instance, I might have different businessperson has to deal with prob- olution—in the Senate and House sepa- views about Medicaid. Frankly, I do. lems like that all the time. It is a rately; and then, after compromise be- But that is not the issue of debate. small amount of money, but it is still tween the two Houses, that policy is I happen to believe Medicaid is a some direction given to the committee. adopted. vital safety net program for our most Now, exactly where we might do Now, the budget assumes additional vulnerable citizens. It is for people who that—there has been a lot said tonight, savings, but the Finance Committee is are low income. It is for pregnant that somehow people know exactly not required to reconcile these savings. women. It is for the elderly, for the dis- where the Senate Finance Committee Striking the $3.4 billion reconciliation abled, and for others. States also spend is going to get this sort of reconciled instruction does not remove these a significant amount of their budgets figure. I would have to say, I do not other nonbinding savings. These non- on Medicaid. When I look at a program, know yet. I do not know yet because I binding assumptions would remain. how we save Medicaid money, if we go have not looked at all the possibilities. This amendment does not change any— there—and we are going to have a re- I do not know yet for a second reason: does not change any—of those assump- sponsibility to look at all this stuff; we that even if I had a very good idea of tions. might not even look at Medicaid at all, exactly where this ought to come from, The amendment deals with $3.4 bil- but we might—I have to be mindful of a chairman of a committee, particu- lion, but all the debate has been about any effective changes we make to the larly of the Senate Budget Committee, certain assumptions, and there is noth- Medicaid Program that it might have does not run the Finance Committee. ing in the amendment that changes on the States, because this is a pro- We do things in a bipartisan fashion in any of those assumptions. So what all gram where there is a partnership be- that committee. Even within the the debate has been about is not what tween the Federal Government and Democrats, there is a difference of you are going to be voting on. You are State governments and, in some opinion, not a unified position among going to be voting on $3.4 billion being States, even local governments. Democrats and, for sure, among my Re- Last year, for instance, this entire saved. But the debate has been about, publican members of the committee Congress felt very serious about doing ‘‘Oh, the money is going to come out of there is not a unified position. something to help States, in addition It takes a lot of compromise to do Medicaid; the money is going to come to what we would do through Federal anything in the Finance Committee. out of the earned-income tax credit’’ grants to the States, emergency When you are talking about even sav- because of some assumptions that were grants, because most of the States had ing a fraction of 1 percent—a very made. But the assumptions are not very tight budget situations. We gave small fraction of 1 percent—let me tell binding. The amendment before us does $20 billion relief to States, of which $10 you, there would still be a great deal of not even change the assumptions. billion was just for Medicaid. I say that As to the point that the House-passed difference of opinion that it ought to not that you need to be reminded of it, be done. The fact is, there is nothing in reconciliation bill could be handled in but I want you to know our committee, this budget resolution that says where the Senate under what we call the rule even 8 months ago, took into consider- we have to save that money. That is XIV procedure—which is a way of by- ation the needs of the States. our committee’s decision. passing the Finance Committee—the I am going to look at how Federal When you vote this week on this Congressional Budget Act clearly tax dollars are spent, but I also have to budget resolution or when you vote on states that only a bill reported by the know there is some impact they have this amendment, I want to make it Finance Committee is entitled to the on the States. very clear to you that there is nothing reconciliation protections. So you can- We also have to look at the reality of in this that says how this money ought not bring something over from the every Federal program. They ought to to be saved. So I can say to any of my House under rule XIV and have it rec- be reviewed from time to time. It colleagues on the other side of the onciled. Our committee, and only our seems to me we can look at Medicaid aisle: I do not want this program cut. committee, has the responsibility to not as some sacred cow. Not that it is Another one says: I do not want that deal with this for the Senate. not a good program, not that it should program cut. I can say: There is noth- Now, speaking to a specific program, not be preserved. It is part of the social ing in this resolution that says I have I would address the issue that has come safety net of our society. It will be to cut program ‘‘ABC’’ or ‘‘DEF.’’ It is up about Medicaid. As chairman of the maintained. It is a program that is 38 what we can do in our committee. Senate Finance Committee—we have years old. But it is only an extension of For sure, there has been a great deal jurisdiction over the entire Medicaid a 200-year history our society has had of talk about it might come out of Program—I am not bound by those of taking care of the most vulnerable, Medicaid or it might come out of the budgetary assumptions. That is the originally, entirely by counties or local earned-income tax credit. Maybe it third time I have said it. I hope it is governments. Then the States got in- could, to some extent. But I do not clear. The chairman of the Senate volved, and then, in the 1940s, the Fed- know that yet. Even if I knew it, I Budget Committee and the Budget eral Government got involved in sev- could not produce 11 votes this minute, Committee can put certain assump- eral ways. Then that was all kind of and that is the way it ought to be. This tions in the resolution, and those are put together in the 1960s in the Med- has to be a thoughtful process. legitimate assumptions to put in the icaid Program. All we are doing in this budget reso- report, although we do not vote on There is no reason to think this is lution is making an overview of the fis- those assumptions. But they are as- some sort of a flawless program that

VerDate jul 14 2003 03:35 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.150 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2523 can’t be made a better program. You We have the appropriators tell us day thing except can’t you save $3.5 billion don’t even have to assume it is some after day: Wait a minute. We only ap- over the next 5 years when we assume program that at least a fraction of 1 propriate maybe about 30-some percent spending under the committee’s juris- percent maybe can’t be saved to some of the budget. Don’t make us take the diction will be $4.6 trillion? Surely that extent. No conclusions on my part, but full brunt of any savings plan. What can be done. I wouldn’t be a very good public offi- about those entitlements? Year after Again, appropriators have said: Let’s cial, a very good trustee of the tax- year people say: We can’t do that. not have us bear the full brunt. Let’s payers’ money if I thought any pro- My guess is you could find this have savings elsewhere in the budget. gram couldn’t be looked at to see could amount of savings in a number of enti- These are very minor savings, very do- we save a half of 1 percent out of that tlements. The committee has jurisdic- able savings. program. tion over welfare. Are you going to tell I urge my colleagues to vote no on I am not opposed to reviewing wheth- me there is not welfare abuse; that it the Baucus amendment. er there are instances of fraud or abuse couldn’t be tightened up? Mr. KENNEDY. Mr. President, Amer- in the Medicaid Program, but I want One assumption I think we need to ica faces a continuing health care cri- you to know that I will conduct over- look at is the earned-income tax cred- sis, and this budget makes it even sight activities and do it in the open. I it. This is a $36 billion program our worse for those on Medicaid. For years, will do it in a bipartisan manner. I am Federal Government is writing a check that State-funded program has pro- going to do it with extensive input for every year; in some cases, a lump vided health insurance coverage for the from stakeholders. sum in excess of $4,000 for a family. We poor. Because of the fiscal pressures I yield the floor. find out it has abuse of 27 to 30 percent created by the failed Bush economic The PRESIDING OFFICER. The Sen- from fraud or incorrect payments. We policies, States have already had to ator from Oklahoma. can’t tighten that up? I didn’t say 5- drop 1.5 million people—half of them Mr. NICKLES. Mr. President, I thank percent fraud. I didn’t say 10 percent. I children—from the Medicaid rolls. In- my colleague, Senator GRASSLEY, said 27 to 32 percent of fraud or stead of helping States provide insur- chairman of the Finance Committee, mispayment in the earned-income tax ance coverage, this budget actually for his statement. He happens to be ex- credit program. Surely we can tighten cuts Medicaid further. That is the actly right. The net essence of this rec- that up. That program over the next 5 wrong policy—and this amendment will onciliation instruction is to tell the Fi- years will be about $170 billion or reverse it. nance Committee, save $3.4 billion over something. Surely we can find some The Bush administration is out of the next 5 years. The Finance Com- savings in that program. touch with the reality of the plight of mittee is an enormous committee. It Whether you are talking about Med- working Americans across the Nation. has jurisdiction over welfare, Medicare, icaid, Medicare—there is fraud in Medi- The unemployment rate continues Medicaid, Social Security, a total of care. We have had some people put in high, and no end to this crisis is in about $4.6 trillion over the next 5 jail because of fraud in Medicare. Let’s sight. In addition to struggling to pay years. Surely this committee can find tighten it up. We have deficits. We their rent and buy food for their fami- $3.4 billion of waste, of money that can’t afford to have fraud. We can’t af- lies, millions of Americans are also should not be spent. ford to have this kind of cheating sys- having to go without needed health Senator BYRD alluded to the rec- tem going on day in and day out. It has care. onciliation process and said it is sup- happened frequently. Almost 44 million Americans are un- posed to be used to save money, to re- So should we not look at the two- insured and this number is rising. duce the deficit. We gave an instruc- thirds of the budget, two-thirds of the Health costs are soaring at double-digit tion to the Finance Committee to do budget that many people say: That is rates each year. As health insurance that. Can’t we save at least $3.5 billion untouchable; let’s not do anything to premiums continue to soar, employees out of $4.6 trillion? Social Security. I don’t want Social and employers alike worry that they I have heard people say: It is going to Security fraud. When you are spending will not be able to keep their coverage. mean some cuts in Medicaid. Medicaid the kind of money we are, there is Those without health insurance pay has a lot of fraud. I tell my colleagues some fraud. I think we should look at a cruel price. A third of Americans and my good friend from North Da- every dollar. without insurance say they do without kota, I may want to do a hearing in the The Finance Committee has enor- recommended treatment because they Budget Committee, if the Finance mous jurisdiction and is very capably can’t afford it. A third report not fill- Committee is not willing to do it. Let’s led by Senator GRASSLEY. He is exactly ing a prescription because of cost. Al- get into these intergovernmental right: $3.4 billion out of a total of $4.6 most half report postponing care be- transfers. Let’s find out about how trillion is .0007 percent. It is not one- cause of cost. These facts have real much some States are ripping off the tenth of 1 percent. It is less than that. health consequences. According to the Medicaid system. I use that term ex- It is such a small figure. Yet some peo- Institute of Medicine, 18,000 Americans actly as I meant it, ripping off the ple are acting as if the sky is falling die every year, simply because they Medicaid system, ripping off the Fed- because somebody is afraid maybe don’t have health insurance. Thou- eral Government, taking a program their gravy train of abuse might not be sands more suffer needlessly or acquire that is supposed to be 50–50 Federal- able to continue or somebody is saying: early disabilities. State and turning it into a program Wait a minute, we have been doing The Republican budget ignores this where the Federal Government pays 100 that for a long time. I want to make crisis, without any credible proposal to percent. sure I can continue. protect the uninsured or reduce the ris- There are some proprietors who spe- I say: What is your program? Let’s ing cost. Instead, the Republican budg- cialize in how to milk the Federal Gov- eliminate some fraud. Let’s eliminate et makes the problem worse, by slash- ernment on Medicaid where the State some waste. Let’s give the discretion ing $11 billion from Medicaid over the doesn’t even have a match. They don’t to the Finance Committee to come up next 5 years. have to pay anything. It is all Federal with some savings. Let’s curtail the Medicaid is a lifeline for 50 million Government. They are doing that growth of entitlement programs if they Americans who have no other access to today in a lot of States. Maybe they are fraudulent, if they are incorrect. health care. Medicaid provides needed will pay a little payment to the hos- I have great confidence Senator prenatal care to pregnant women. It pital if they will participate. There are GRASSLEY and Senator BAUCUS are not means that children receive early and a lot of schemes, scams, I think fraud, going to report anything out of the Fi- periodic screening, diagnosis, and probably should be totally illegal, nance Committee that is not going to treatment. They get immunizations some of it may be bordering on ille- be fair if they are talking about trying and other health services. Millions of gality, to the tune of billions of dol- to tighten up some of the abuses in the low-income elderly seniors rely on lars. The committee doesn’t have to do system. Medicaid to pay the health and nursing that. We just said: Look, can’t you find They are not limited. They are not home costs that Medicare doesn’t at least $3.5 billion? bound. They are not directed to do any- cover.

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.157 S10PT1 S2524 CONGRESSIONAL RECORD — SENATE March 10, 2004 States are struggling to maintain that Medicaid plays when American If there is no proposal, as I said ear- their share of Medicaid in the face of families are hard-pressed to find jobs. lier, Joint Tax has not scored anything severe budget deficits. Last year, Last year, we worked hard to recognize that amounts to raising revenue. By States had a combined deficit of $78 the existing financial instability logical conclusion, we are going to cut billion, and another $40 billion short- threatening the Medicaid program. We Medicaid; it is that simple. It sounds fall is expected this year. The State provided $10 billion in temporary State good, this fraud, waste, and abuse, but Medicaid cuts last year would have fiscal relief directed at Medicaid. it is just going to be a straight cut. been far worse without the $20 billion Thanks to this relief, States and local There is no specific proposal that ad- State relief passed by Congress to help communities have been able to con- dresses that. meet it a year ago. We should continue tinue to maintain their Medicaid pro- Also, we are already so-called cutting that assistance now, not make the grams and avert drastic cuts in local waste. There is a $2 billion savings, a problem worse by slashing benefits to services. But the fiscal relief is due to cut in error rates, because the adminis- the most vulnerable Americans. expire in 3 months, even as State budg- tration is looking at this more closely, The amendment we are proposing et situations remain in critical condi- which is good. There are a lot of error will eliminate the unfair reconciliation tion. And as the jobs situation con- rates elsewhere in the code, not just for instruction that would force the Fi- tinues to look dire, Medicaid is as crit- low-income people. It is in sole propri- nance Committee to cut $11 billion ical as ever to ensuring the health of etorships and other categories of tax- more from Medicaid. These harsh cuts millions of Americans. Now is not the payers as well. We are not cracking are opposed by more than 155 national time to make additional reductions in down on them; we are cracking down organizations, including physicians, federal Medicaid funding. on poor people. That is the wrong thing hospitals, children, the elderly, women, We must reject the Medicaid reduc- to do. religious organizations, and profes- tion provisions in the budget and, in The main point is this is a cut in sional associations. The National Gov- doing so, take a stand to protect the Medicaid. That is clearly what is in- ernors Association opposes these cuts. health and long term care needs of our tended. Second, this is not a fraud, The American Hospital Association op- nation’s struggling families, our elder- waste, and abuse cleanup; it is a cut in poses these cuts. The American Med- ly and disabled. That is why I urge my Medicaid. Be honest. That is the effec- ical Association opposes these cuts. colleagues to support the Baucus tive result. The American Health Care Association amendment to reduce the amount of Technically—it is a small point— opposes these cuts. The Children’s De- cuts that would otherwise have to some of the concern about error rates fense Fund opposes these cuts. The Na- come from Medicaid. in Medicaid is because States control- tional Organization for Women and Mr. CONRAD. Mr. President, I am ling the Medicaid Programs are under- Families opposes these cuts. wondering at this point if we can reach taking actions that are now being cor- The American people understand an agreement on the additional time rected by Uncle Sam. So it is not the that these cuts are cruel and counter- on this amendment. Senator BAUCUS fault of the low-income folks. It is not productive. They are the wrong pri- tells me he only requires 5 more min- the earned-income tax credit or the ority for America, and I urge the Sen- utes. refundability portion. That is a small ate to approve this amendment and Mr. NICKLES. Mr. President, I ask part of the problem. Rather, it just preserve health care coverage for mil- unanimous consent there be 5 minutes changes the administration of it be- lions of Americans. on each side remaining on the Baucus tween Uncle Sam and the States. Mrs. CLINTON. I rise in strong sup- amendment. This is a good amendment. We should port of the amendment to save crucial The PRESIDING OFFICER. Is there not cut Medicaid. We should not cut programs like Medicaid from being objection? folks who get the advantage of the slashed by this short-sighted budget. Without objection, it is so ordered. This is a time when American fami- marriage penalty by $21.6 billion. That Mr. BAUCUS. Mr. President, I want lies are still struggling to find jobs, is the effect of the cut that is going to to address a couple of points that I and the new jobs they are finding are be required in the budget resolution. think need to be addressed. They are a often low-wage jobs that lack health My amendment says, let’s eliminate bit misleading. First, there is no lan- insurance. In this setting, Medicaid re- that requirement and deal with Med- guage in the budget that specifically mains an essential ‘‘safety-net’’ in the icaid and other programs as we nor- requires the Medicaid cuts. So why provision of health and long term care mally do in the normal course of busi- services for millions of Americans. pass this? The fact is, with all due re- ness. Meanwhile, even as need is greater, spect to the chairman of the Budget I yield back the remainder of my States’ revenues are declining, so there Committee, during markup the chair- time. are fewer and fewer resources to meet man said basically that we assumed Mr. NICKLES. Mr. President, I think those needs. New York had a $6.8 bil- the $11 billion in mandatory cuts was Senator GRASSLEY said it very well. He lion budget gap last year, $11.5 billion going to come from Medicaid. That is is chairman of the committee. He said in ’03/’04—that’s 25 percent of the gen- the chairman’s assumption. He made the committee can find $3.4 billion out eral fund. This is a pattern repeated for that very clear. He wants it to come of $4.6 trillion. I think it could be in all the states. Texas had a 15 percent out of Medicaid. Medicaid or in the earned-income tax shortfall. Alabama faced a shortage As we know around here, that is the credit. I think it could be in almost amounting to 16.5 percent of the gen- general thrust of measures we pass any program, such as the welfare pro- eral fund. And because States, unlike that are in the budget resolution, and gram. I have no doubt whatsoever the Federal Government, often face that is what is going to happen. As there is plenty of abuse. The adminis- State constitutional provisions that long as I have been here, and I have tration talked about the intergovern- prevent them from carrying a deficit, been here a long time, that is the way mental transfers. There is lots of they are forced to cut benefits to make this place operates. abuse. ends meet, thus slashing eligibility, There are clearly going to be cuts I am going to embarrass our col- starving hospitals and physicians, and there. So the point that cuts in Med- leagues by getting into this in detail. I slashing services. We see that hap- icaid are specifically required, that is will show people how some States have pening all over the country. not true. Are they effectively required? been ripping off this system—probably But instead of acting to prevent Clearly, yes. Also, it has been sug- to a much greater extent than even these cuts, and stanch the bleeding, gested there is a lot of fraud, waste, what has been bantered about. It is this budget turns the knife further and and abuse. That is a bit of a disingen- happening today. Many States are forces $11 billion in unspecified cuts to uous statement. First, we never con- doing it. Medicaid at a time when such cuts done fraud and abuse. We don’t need a I will tell my colleagues that we would cripple states’ ability to serve statute to allow that. There are anti- found we had payment abuse in Med- American families in hard times. fraud and anti-abuse laws. There are no icaid in years past. You might remem- We have all been on record sup- specific fraud and abuse proposals. It ber the program. We had to tighten it porting the important safety net role just says cut. up. There has been some tightening of

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.021 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2525 the intergovernmental transfer but not to tap into the Federal Treasury, to ad- (Purpose: To balance the budget and lock very much. A lot more could be done. vantage their States to the disadvan- away the Social Security surplus by estab- The Federal Government should not tage of Federal taxpayers and to the lishing a supermajority point of order pro- be taking Medicaid dollars and giving disadvantage of other States. hibiting the consideration of any bill that raids the Social Security Trust Fund by it to States to pave roads. In some But I repeat, in looking at the exceeding a declining level of on-budget cases, Medicaid money is being used by amendment of Senator BAUCUS, he has deficits on a fiscal year basis) States for a lot of things other than not taken out those savings. Those sav- At the appropriate place, insert the fol- Medicaid. I am telling you, I come to ings remain in the underlying resolu- lowing: this Senate with, I hope, a little bit of tion. It does take out the reconcili- SEC. . BALANCED BUDGET POINT OF ORDER. credibility. I am not making this up. ation instruction. So I have concluded (a) IN GENERAL.—Except as provided in Maybe a more thorough evaluation in that the Baucus amendment is worthy subsection (b), it shall not be in order in the the committees would expose some of of support. Senate to consider any bill or resolution (or this. The earned-income tax program, any amendment, motion, or conference re- What the chairman has said is some- people don’t want to touch it. Yet the port on that bill or resolution) that would thing I join in, especially with respect GAO says there is an error rate, a fraud result in an on budget deficit larger than— to Medicaid Program abuses. I am very rate in 27 to 30 percent, or a 32-percent (1) in fiscal year 2004, $639,000,000,000; hopeful we will have a hearing on these (2) in fiscal year 2005, $575,000,000,000; fraud in a program that spends $36 bil- issues once we get past the budget res- (3) in fiscal year 2006, $511,000,000,000; lion a year, and we cannot direct the olution and the negotiations in which (4) in fiscal year 2007, $447,000,000,000; committee to say, Can you not come the chairman will have to be involved (5) in fiscal year 2008, $383,000,000,000; up with some savings? I am embar- in the coming days. We ought to put a (6) in fiscal year 2009, $319,000,000,000; rassed. (7) in fiscal year 2010, $255,000,000,000; If we are not going to stay let’s at bright light on some of these States (8) in fiscal year 2011, $191,000,000,000; least do some shaving of the growth of that are engaged in a scam operation. (9) in fiscal year 2012, $127,000,000,000; some of the fraud in the entitlement The PRESIDING OFFICER. The Sen- (10) in fiscal year 2013, $63,000,000,000; and programs, two-thirds of the Federal ator from Oklahoma. (11) in fiscal year 2015, $0. (b) EXCEPTION.—Subsection (a) shall not Government or of the budget, if we Mr. NICKLES. Mr. President, we apply if—(1) the President has declared a cannot shave a little spending in this yield back the remainder of our time. I state of national emergency; or (2) the econ- area, shame on us. believe the Senator from Ohio has an omy is in recession, defined as 3 consecutive For the people who act as if I am a amendment. He has requested 25 min- quarters of negative growth in Gross Domes- deficit hawk, I want to get the deficit utes on his side. I know a couple of tic Product. down. The last time we had significant other colleagues have amendments. We (c) SUPERMAJORITY.—(1) Waiver.—This sec- instruction to reduce the growth of told people to expect votes at 9 o’clock. tion may be waived or suspended in the Sen- some of these entitlements to take out ate only by the affirmative vote of three- I would like to get in three or four fifths of the Members, duly chosen and some abuse was in 1997. Some of my amendments, if possible. I call upon sworn. colleagues say we got the deficit down. our colleague from Ohio. (2) APPEALS.—Appeals in the Senate from The biggest spending reduction thing The PRESIDING OFFICER. The Sen- the decisions of the Chair relating to any we did—maybe one was shutting down ator from North Dakota. provision of this section shall be limited to 1 the Government in 1995 for a while, but hour, to be equally divided between, and con- the biggest thing was in the 1997 bill Mr. CONRAD. Mr. President, maybe trolled by, the appellant and the manager of that had reconciliation instructions, we can lock in an agreement. Is there the bill or joint resolution, as the case may had significant savings. A lot of the any way the Senator from Ohio would be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and people taking credit for the great sav- take 20 minutes on his side, and we will take 20 minutes on this side? I would sworn, shall be required in the Senate to sus- ings we did in the nineties didn’t vote tain an appeal of the ruling of the Chair on for that. even take 15 minutes on this side if the Senator would reduce his time to 20 a point of order raised under this section. Anyway, to ask this committee to (d) EXERCISE OF RULEMAKING POWERS.— find $3.4 billion out of $4.6 trillion over minutes. That will give us a chance to Congress adopts the provisions of this sec- the next 5 years is not heavy lifting, as offer another amendment or two before tion—(1) as an exercise of the rulemaking the voting starts. Senator GRASSLEY alluded to. I agree power of the Senate and the House of Rep- with him entirely. I think the com- Mr. VOINOVICH. Mr. President, I resentatives, respectively, and as such they mittee can find this much and more. I think I need 25 minutes, but it may be shall be considered as part of the rules of 20. I think I need 25 minutes. each house, or of that house to which they urge our colleagues to, at the appro- specifically apply, and such rules shall su- priate time, vote no on the Baucus Mr. NICKLES. I ask unanimous con- persede other rules only to the extent that amendment. sent that the Senator from Ohio be rec- they are inconsistent therewith; and (2) with The PRESIDING OFFICER. The Sen- ognized for his amendment not to ex- full recognition of the constitutional right of ator from North Dakota is recognized. ceed 25 minutes, and the Senator from either house to change those rules (so far as Mr. CONRAD. Mr. President, my un- North Dakota be recognized for 20 min- they relate to that house) at any time, in the derstanding of the Baucus amendment utes. same manner, and to the same extent as in the case of any other rule of that house. is that he has not taken out the sav- The PRESIDING OFFICER. Without Mr. VOINOVICH. Mr. President, be- ings at all. All he does is take out the objection, it is so ordered. reconciliation instruction. The savings fore I speak in regard to this amend- are still there. The Senator from Ohio. ment, I would like to comment on the Let me comment for a moment, if I AMENDMENT NO. 2705 discussion that was going on with re- gard to Medicaid. There is no question can, on what Chairman NICKLES is say- Mr. VOINOVICH. Mr. President, I that as a former Governor I observed ing, because he is talking about some- call up amendment No. 2705 and ask for my colleagues around the country thing where I entirely agree with him. its immediate consideration. In Medicaid, there are States that gaming the system, and I was very are engaged in scams. I don’t know how The PRESIDING OFFICER. The upset about it. I made it very clear as clerk will report. else to say it. What Chairman NICKLES chairman of the National Governors has said is entirely accurate. There are The legislative clerk read as follows: Association that this was an under- States that have figured out ways of The Senator from Ohio [Mr. VOINOVICH] standing we had with the Federal Gov- tapping into the Federal Treasury and proposes an amendment numbered 2705. ernment and that we ought not to replacing what should be State funds game the system. Mr. VOINOVICH. Mr. President, I ask with Federal funds. There is nobody I will never forget while I was Gov- unanimous consent that the reading of who studies this who doesn’t know ernor there was a management com- the amendment be dispensed with. what the chairman has said is true. pany, which is no longer in business, There are a number of States that The PRESIDING OFFICER. Without that went out to the school districts have almost made a science out of objection, it is so ordered. and showed them how they could use playing games with Federal programs, The amendment is as follows: the money they were spending for

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.155 S10PT1 S2526 CONGRESSIONAL RECORD — SENATE March 10, 2004 health care and use it to game the fited from these reforms, and I am These provisions directly impact al- Medicaid system. They would charge a proud we supported them. most 90 million taxpayers nationwide, percentage of the money they were Fortunately, Senator NICKLES has and about 4 million of them in my able to bring into the school district. again crafted a budget resolution that State. If they are not extended, a low- When I found out about it, I went balances fiscal discipline with the need income family of four making $40,000 a beserk, to put it as nicely as I can, and to continue assisting low-income fami- year will go from receiving a small re- that stopped. But I do think it is not a lies. The Budget Committee makes fund of $30 to paying the IRS an addi- sacred cow that ought not be looked at. hard decisions by assuming a freeze for tional $800. Frankly, these families Just like a lot of mandatory spending most spending programs at 2004 spend- simply do not have the extra $800 to we have, it should be reviewed to see if ing levels, with increases for high-pri- send to Washington at this time. So it there are ways we can save some ority programs and reductions for low- is critical that we continue assisting money. priority, one-time, or expired pro- them until the job market catches up Mr. President, I support this budget grams. Nevertheless, the committee with the growth in the economy. resolution, and I applaud Senator NICK- recognizes fiscal reality and provides a I fought very hard for the refundable LES for his diligence and fiscal respon- contingency fund of up to $30 billion child tax credit in the 2001 tax reform, sibility. The budget resolution we are for 2005 to fund ongoing military oper- addressing the marriage penalty prob- considering builds on the success of the ations in Iraq and Afghanistan. Also, at lem that discouraged many people resolution Senator NICKLES crafted last long last, the Budget Committee ad- from getting married because they paid year. The fiscal year 2004 budget reso- dresses runaway increases in manda- higher taxes if they got married, and lution reestablished fiscal discipline tory spending and proposes a $4.6 bil- moving the people in the 15-percent and provided reconciliation instruc- lion net reduction in mandatory spend- bracket down to 10 percent. tions for a stimulus package that gen- ing programs over 5 years. When we enacted tax reforms to pro- erated 4-percent economic growth in The fiscal year 2005 budget resolution vide assistance to working families, I 2003. also assumes Congress will act to close fully supported the sunset provisions The fiscal year 2004 budget resolution tax loopholes identified by the Presi- that would allow those provisions to also balanced fiscal discipline with a dent and by the tax-writing commit- expire when they were no longer need- very real need to stimulate the econ- tees. The committee builds upon the ed. omy. Although the economy started to budget discipline included in last Unfortunately, while the economic grow after the 2001 tax reforms, the year’s budget resolution by estab- situation has improved, we are not out growth was very sluggish and did not lishing enforceable caps on discre- of the woods yet. In Ohio, over 96,000 create many jobs. Real growth in GDP tionary spending for 2005 and 2006. initial claims for unemployment com- was 2.9 percent in 2001 and 2.8 percent The spending caps are set at levels pensation were filed in January. That in 2002. consistent with the discretionary is why I voted to extend unemployment Consequently, the fiscal year 2004 spending assumptions and are enforced benefits and that is why I think this budget resolution included reconcili- with a 60-vote point of order. The Senate should vote in the next several ation instructions for a modest, highly Budget Committee continues a 60-vote weeks to extend unemployment bene- targeted economic stimulus package point of order against advanced appro- fits. that Congress adopted in May of last priations that exceed current levels. Although this number is more than 5 year—a $350 billion stimulus package. These budget enforcements proved percent lower than last year, it still By the end of the year, economic very important last year. There were 67 represents real families who have lost growth reached 4.4 percent, and unem- attempts to increase spending by their principal source of income. Also, ployment had finally fallen below 6 waiving the Budget Act, and we suc- many families and individuals who re- percent. Most experts expect the econ- cessfully fought back 64 of them and gained employment over the past 6 omy to grow by more than 4 percent saved this country billions of dollars of months must still pay off loans to this year and for unemployment to additional spending. make up late payments they missed continue to fall. Finally, the budget resolution as- while they were unemployed. Unfortunately, my own State of Ohio sumes continued budget enforcement It is time for Congress and the Na- has not participated as fully in the re- under existing mechanisms for non- tion to acknowledge the size of the covery as some of the other States. We defense emergency spending and pay- problem we face. The Federal Govern- need to continue the stimulus meas- as-you-go. In other words, if you want ment has a serious debt of almost $7 ures to make sure Ohio’s economy to spend the money, you find offsets or trillion, annual unified deficits of $477 takes off. We have too many people out you find revenues that you can in- billion, and net interest payments that of work in my State. We have too crease to pay for them. consume 7.5 percent of the Federal many people who are concerned about Equally important, the resolution be- budget. whether or not they are going to have fore us today includes tax policy as- If we see interest rates start to go up a job. I agree with the President that sumptions focused on preventing eco- in the next couple of years, that 7.5 we should not rest until every Amer- nomically damaging tax increases on percent number could go up to 13 or 14 ican who wants a job has one. working families. percent because that is what it was in Congress also provided direct assist- The budget resolution proposes to ex- 1999 when I came to the Senate. ance to working families last year tend the personal tax relief currently Under current policy assumptions when we accelerated the phase-in of scheduled to expire at the end of 2004, outlined in OMB’s budget projections, the child tax credit, eliminated the including the $1,000-per-child tax cred- the Federal debt will exceed $9.3 tril- marriage penalty, and expanded the it, the 10-percent income tax bracket lion by 2008 and net interest payments number of families paying income expansion, and marriage penalty relief. will claim 9.5 percent of our budget. If taxes at the lowest rate of 10 percent. I The budget resolution assumes a rev- the private sector corporations ever supported these tax reform provisions enue loss of $80.6 billion from 2005 to issued similar financial projections, when they were enacted last year and 2009 for these proposals and directs the their stock value would plummet. even joined with Senator SNOWE and Senate Finance Committee to produce Their credit rating would be discounted Senator LINCOLN to encourage the Fi- a reconciliation bill to facilitate their to below junk bond status and no bank nance Committee to expand enactment. on the planet would lend them addi- refundability of the child tax credit for Let’s put that $80.6 billion in context. tional money. During the savings and families with incomes between $10,500 I remind my colleagues that in one fell loan crisis, the Resolution Trust Cor- and $25,000 per year. swoop, we spent $87 billion to provide poration liquidated companies with For many families in Ohio, these tax funding for the war in Afghanistan and healthier balance sheets than the Fed- reform provisions meant they could Iraq. That just gives us a figure. That eral Government can produce today. buy presents for Christmas as well as is $87 billion in 1 year, and we are talk- Whatever we may desire, until we re- food. For some, it meant they could ing about $80.6 billion over a 5-year pe- store some sort of fiscal discipline to pay the heating bill. All families bene- riod. Federal spending we may not be able to

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.159 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2527 afford any new initiatives, no matter deficits, and debt. That is why I am I know when people come into the of- how badly they are needed. here to talk about our Social Security fice asking for money for particular More importantly, we are rapidly ap- lockbox amendment. projects, I always ask them the same proaching the time when much of the My amendment is simple. It caps the question, and that question is: Is this debt comes due and we must carefully on-budget deficit at the level projected particular priority worth putting your consider how we will meet this obliga- by CBO for fiscal year 2004, $639 billion, children and grandchildren further into tion. Currently, we borrow $160 billion and reduces it by 10 percent each year debt? I have done that with several vet- to $175 billion each year from the So- thereafter. We are going to reduce it erans organizations during the last cial Security trust fund. As the baby over 10 years so at the end of a 10-year couple of days. They want mandatory boom generation retires, this source of period, we will no longer be spending spending for veterans health care. I borrowing will no longer be available, the Social Security surplus. That pointed out to them how bad off we and starting in 2017 Social Security means we will really have an on-budget are, that we have a war going on and will start cashing in the bonds which surplus. we have to be concerned about our chil- make up its assets. If we exercise fiscal This is a very conservative proposal. dren and grandchildren, and if we do discipline now, the Federal Treasury It has been 5 years since we have had not do it there will not be anything will be able to redeem those bonds with an on-budget surplus. This proposal around in 10 or 12 years for anyone. little or no negative impact on the rest proposes it will be 15 years from 1999– It is remarkable. Their attitudes of the budget or the economy as a 2000 until we get back to where we were change. Most of them look at me, talk whole. at that period of time. about it, and they say, I understand. However, if we dig ourselves into This proposal has a nice, natural The problem today in America is peo- deeper debt, we will only be able to pay glide. We will go from $639 billion in ple do not know how bad our debt is. our Social Security obligations by rais- 2004 to $575 billion to $511 billion to $447 They still think there is some kind of ing taxes or with draconian cuts in billion, to $383 billion to $319 billion. spigot we can turn on in Washington other Federal programs. For my colleagues’ information, the and take care of all the problems. It is For almost two decades starting in numbers I have for the next couple of our obligation to do something about 1980, fiscal conservatives have worked years, 2005 and 2006, are a little bit that. It is our obligation to make sure hard to return the Federal Government above the on-budget numbers the Budg- people understand how far in debt we et Committee is projecting. to a balanced budget. For a short time, are and the tough decisions we are Once we get to the fourth and fifth after hand-to-hand combat—and I was going to have to make. year, it is lower than the Budget Com- here for that hand-to-hand combat—we I applaud the chairman of the Budget mittee has projected for that 5-year met our goal for 2 years. In 1999, for the Committee for giving instructions to budget, and then we keep going down first time in 30 years, we had a bal- the Finance Committee and saying to to zero. anced budget, about $1 billion; in 2000, I recognize it would be unrealistic to them, let’s find some reductions in we had an $87 billion budget surplus. eliminate the ongoing budget deficit in mandatory spending because that is That means we did not use Social Secu- a single year or even within 5 years. where all the money is going. The dis- rity to balance our budget. The attempt would require either dra- cretionary part of the budget is minus- However, our success in balancing conian spending cuts or job-destroying cule compared to the mandatory spend- the budget was short-lived. In the blink tax increases. It contains waivers to ing. of an eye we returned to spending the recognize national emergencies or a The amendment I offer today is a Social Security surplus running large prolonged recession. good start on the difficult path we budget deficits. Today, instead of re- I understand the need for waivers in must take in order to ensure our eco- ducing our $7 trillion national debt, we case of emergencies. This is hard to be- nomic freedom and security for the fu- are expanding it. Unfortunately, as lieve, but Senator MILLER and I drafted ture. I urge my colleagues to consider soon as we achieved success we re- a Social Security lockbox that gained not only what we propose today but versed course in 1998 and have been in- the support of the White House. We also to seriously consider what will creasing spending ever since. Do we worked with them for 6 months. We happen to our Nation’s economy to- really want to lose 20 years of hard were going to announce it 2 days after morrow if we do nothing. work? Is it not time we went back to 9/11. In other words, we were all set to I ask for the yeas and nays on my what we were trying to do in 1999 and do it, have a nice press conference, and amendment, and I yield the floor. 2000? 9/11 happened. Of course, that changed The PRESIDING OFFICER. Is there a Since 1999, this body has increased everything. sufficient second? Federal spending an average of 7 per- Nevertheless, Congress and the Presi- There appears to be a sufficient sec- cent per year. If we maintain this pace, dent can act now to prevent the on- ond. Federal spending will double every 10 budget deficit from getting any larger The yeas and nays were ordered. years. Instead of doubling spending, we and initiate a 10-year glidepath to re- Mr. CONRAD. Mr. President, the should be cutting it. We have consist- duce the on-budget deficit to zero, stated purpose of the Voinovich amend- ently skirted the truth about how thereby limiting transfers from the So- ment, to prohibit consideration of any much we increase spending and the size cial Security trust fund and at the end legislation that would raid the Social of the debt we are incurring. of the 10 years placing the entire Social Security trust fund, is one with which Advance appropriations and other ac- Security trust fund in the lockbox. I strongly agree. It is a noble purpose. counting gimmicks have become com- We need to get this bill passed be- But I am afraid this amendment does monplace in our budget process. Thank cause today our national debt stands at not come close to achieving that pur- God these last two budgets have gotten $6.2 trillion and until we restore some pose. Here is what this amendment rid of most of the gimmicks we have sort of fiscal discipline to Congress’s does. had, but most of the American public spending habits, this number is only We are looking at a comparison be- does not realize we are spending the going to keep going up. tween the CBO baseline deficits, that Social Security surplus. So although It is immoral—it is immoral—to be- would be the blue line; the dotted red people may be going around Wash- queath trillions of dollars in debt to line would be the Senate GOP budget ington saying next year’s deficit will our children and grandchildren. One of plan, the deficits under that plan; the only be $477 billion, it will really be the reasons I came to this Congress green line would be under the $639 billion. According to the new CBO was because I was concerned about my Voinovich plan. What one sees is the projections, we will spend all of the children and my grandchildren; that we deficits are higher under the Voinovich $162 billion of the Social Security sur- were going to balance the budget, that plan for the next 3 years than under ei- plus and issue new debt. we were going to reduce the debt— ther the CBO baseline or under the Our budget system is broken. Its ob- good, solid Republican principles. We Senate GOP budget resolution. He is vious failure to perform is having seri- were there in 1999 and 2000, and then we actually going further into the hole on ous consequences on our economy and, know what happened. We have to re- the promise that 3 years from now, he by extension, future Federal revenues, turn to those days. will have less of a deficit. He promises

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.161 S10PT1 S2528 CONGRESSIONAL RECORD — SENATE March 10, 2004 less of a deficit out in 2008 and 2009. Un- side-the-beltway gobbledygook, but let Mr. VOINOVICH. Mr. President, if we fortunately, because of the way it is me say this to the Senator. There was look at the practicality, I just used constructed, you cannot even be sure a supplemental appropriations bill ap- these numbers because it was 10 per- you would have less of a deficit out in proved last year of $86 billion. I think cent a year. But the fact is a budget 2008 and 2009. What you can be certain all my colleagues will remember that. point of order will lie against the num- of is the deficits will be higher in 2005, The problem with the numbers the bers that you are projecting in the 2006, 2007. Senator from Ohio has chosen is he has budget that came out of the Budget Let me show my colleagues what I built that supplemental appropriations Committee. In other words, if we ex- am talking about. Comparing to the bill—that was a one-time increase of ceed your numbers, you are saying this CBO baseline, the deficits of the Sen- $86 billion—into that baseline figure. number I am proposing is going to pro- ator from Ohio would be $78 billion He has that $86 billion built in, going vide we can spend up to that amount of higher in 2005; $121 billion higher in out all the years into the future. As a money. 2006; $57 billion higher in 2007, with the result, what you wind up with is much I am saying the number coming out promise that in 2008, they would be $24 higher deficits than if you used the ad- of the Budget Committee creates a billion lower and $89 billion lower in justed baseline the chairman of the point of order you can’t go beyond. 2009. If you add this up, this is $256 bil- Budget Committee has adopted. Mr. CONRAD. Mr. President, let me lion more deficit here and $113 billion The chairman of the Budget Com- say to the Senator that I know his in- less deficit there. That is more deficits, mittee quite wisely and with strong tentions are good. I really do. I have not less. That is more. support from the ranking member ad- great respect for the Senator. I don’t know what kind of a plan this justed the CBO baseline by taking out The problem is, technically, with the is to save anything. It certainly the future years’ adoption of the one- baseline that has been adopted, his doesn’t save Social Security. It digs time supplemental. The effect of the numbers leave just so much room for the hole deeper. I don’t know what the Senator’s amendment is to create high- additional deficits for these first 3 intention was, but I did read what the er deficits—or at least the potential for years, and I don’t think you will ever effect is. Compared to the budget reso- higher deficits—in each of the next 3 catch up to it. lution before us, the amendment of the years by the amounts that I talked Chairman NICKLES and I agreed with Senator from Ohio would increase the about. These are the amounts: $256 bil- the Senator totally about adjusting the deficit by $63 billion this year, $66 bil- lion over the baseline that was adopted baseline so that one-time expenditures lion in 2006, and $16 billion in 2007. That by the chairman. I say to the Senator, didn’t get built into future years’ ex- is a $145 billion increase in the deficit I think that would just be a profound penditures. Unfortunately, the Senator over the next 3 years, on the promise mistake. from Ohio has taken the unadjusted that it is going to reduce it compared Mr. VOINOVICH. Will the Senator Congressional Budget Office baseline to the chairman’s mark by $180 billion yield for a question? that has the one-time expenditures and Mr. CONRAD. I am happy to yield. includes them going forward in each in 2008 and 2009. But because of tech- Mr. VOINOVICH. I wonder if he had a and every year. That adds hundreds of nically the way it is drafted, you have chance to see the numbers I used in billions of dollars to expenditures over absolutely no assurance it is going to this amendment? save on the deficit out in 2008 and 2009 Mr. CONRAD. Yes. the next years of this budget. What you either. All I can say is the words are Mr. VOINOVICH. I think there is no are left with, as I have described, is good, the sentiment is good, but the question that in the first 3 years the higher deficits for the first 3 years, proposal goes in exactly the wrong di- number is a little higher than what with the promise that I am afraid will rection. It increases the deficits, it in- you projected, assuming this $86 billion prove ephemeral, that you are going to creases the debt. It makes no sense to hit we had last year. But the fact is, if get lower deficits in the fourth and this Senator. you look at the numbers for 2008 and fifth year. I don’t think that is a trade Mr. VOINOVICH. Will the Senator 2009, the last 2 years of the 5-year budg- we ought to make. yield for a question? et resolution, our numbers are below Mr. VOINOVICH. Mr. President, will Mr. CONRAD. I will be happy to the numbers projected by the Budget the Senator yield for a question? yield. Committee. In effect, in the first 3 Mr. CONRAD. Yes. Mr. VOINOVICH. I think perhaps the years it may be a little higher. That Mr. VOINOVICH. Mr. President, the Senator is misinterpreting the amend- doesn’t mean we are necessarily going Senator from North Dakota has been ment. Fundamentally what this says is to spend that money. But when we get here longer than I have. He is the rank- we are going to use these numbers to to the fourth and fifth year, our num- ing member of the Budget Committee. get down, in 10 years, to an on-budget bers are below the numbers projected I have been interested in this budget surplus like we had in 1999 and 2000. in the budget. for a long time, as he knows. I would You are right, the amount of reduction Mr. CONRAD. I would just say this to like to ask him if we could achieve this in this amendment allows for a higher the Senator. I have great respect for in 10 years through a real on-budget debt, but the fact is, all this says is you the Senator from Ohio. I think he has surplus. Most people would say it can raise a point of order if it exceeds been one of the most levelheaded Mem- would be miraculous. But the point I this amount. I am not suggesting we bers here on issues of fiscal discipline. am making is you could argue about reach this amount. All I am saying is, I think this amendment in technical this number. You can make a big deal understanding the way things work detail is flawed, and you will increase out of it in terms of we know we are around this Senate as I have observed or give the potential for substantial in- going to do this and you are going to during the last 5 years, we just go creases in the deficit in the first 3 raise these issues. But the real issue is straight down and we have this oppor- years, compared to the adjusted CBO to try to get down to where we were 5 tunity to raise a point of order if the baseline, a $256 billion increase. years ago. I can assure you, for this amount of money exceeds the numbers My experience around here is the Congress to achieve this will be some- we have in our proposed amendment. promise of more deficit reduction in thing very significant and cause a It is a very simple way of achieving the fourth and fifth year is a distant great deal of discipline in terms of ex- what my colleagues on the other side hope, and what you presented is a tending tax reductions, and so forth. of the aisle have talked about for a present threat of substantially increas- In effect, in order to get here we are great period of time. The purpose of it ing the deficit. I think that will be just going to have to have some pay-go re- is to allow us to raise a point of order. most unwise for the body. It is higher strictions in order to make that hap- It takes 60 votes to waive that point of than the adjusted CBO baseline, higher pen. order in terms of spending. deficits, higher deficits than in the un- All I am saying is, say what you want Mr. CONRAD. Mr. President, if I derlying Senate budget resolution. about these first couple of years, down could say this to the Senator, the prob- I hope my colleagues will resist this the road the Senate could achieve what lem I think he has with his amendment amendment. I have on this chart. It would be a won- is he has assumed the CBO baseline The PRESIDING OFFICER. The Sen- derful gift to the American people be- unadjusted. I know this sounds like in- ator from Ohio. cause we could guarantee to them that

VerDate jul 14 2003 03:47 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.164 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2529 we are going to have a true on-budget Mr. SARBANES. Mr. President, will be to recognize the Senator from Flor- surplus. the Senator yield for a question? ida. I ask unanimous consent there be Mr. CONRAD. Mr. President, I don’t Mr. NICKLES. I am happy to. 10 minutes on each side on the Sen- want to prolong this debate. But I say Mr. SARBANES. The Senator men- ator’s amendment. to the Senator that I think the inten- tioned three rollcall votes, and then The PRESIDING OFFICER. Without tion is good. I think the legal effect of stay on the floor for other amendments objection, it is so ordered. what is before us does not accomplish to be offered. The Senator from Florida. the Senator’s purpose. In fact, what we Mr. NICKLES. I would be happy to do AMENDMENT NO. 2745 would wind up with is room for greater that temporarily for some period of Mr. NELSON of Florida. I call up deficits in the first 3 years, and you time. I know Senator CORZINE has an amendment numbered 2745. would never catch up in the outyears. amendment. I think he was next in line The PRESIDING OFFICER. The Mr. VOINOVICH. I can’t understand to lay one down. I was expecting that clerk will report. that because the numbers provide for would be the first amendment we The legislative clerk read as follows: the budget point of order. How can you would vote on tomorrow. But I will be The Senator from Florida [Mr. NELSON], say, if you have the number, that you happy to consider it. I know the Sen- for himself, Mr. CORZINE, Ms. MIKULSKI, Mr. have a budget point of order, that you ator has an amendment that deals with SCHUMER, and Mr. NELSON of Nebraska pro- are not going to achieve these num- homeland security. I think Senator poses an amendment numbered 2745. bers? COCHRAN will be debating that issue. I Mr. NELSON of Florida. Mr. Presi- Mr. CONRAD. Because what is crit- am not sure he wants to debate it to- dent, I ask unanimous consent that the ical to having a budget point of order night. I would like to get the rollcalls reading of the amendment be dispensed that is actually effective in reducing started pretty quickly so we can get with. deficits and debt in the future is having people home by 10 o’clock, or not too The PRESIDING OFFICER. Without a baseline that really gets you the re- late thereafter. objection, it is so ordered. sult you want. Unfortunately, the base- Tomorrow, for the information of our The amendment is as follows: line the Senator has provided will not colleagues, is going to be a very tough (Purpose: To create a reserve fund to allow lead to the result as depicted on the day. We will have a lot of votes tomor- for an increase in Veteran’s medical care graph. That is our conclusion. row. I expect we will have a lot of votes by $1.8 billion by eliminating abusive tax Mr. VOINOVICH. Mr. President, I on Friday. I am trying to cooperate to loopholes) would like to reiterate if we were able dispose of as many amendments as pos- On page 3, line 9, increase the amount by to achieve what this graph shows, it sible. I will be happy to work with my $1,620,000,000. would be the greatest gift we could colleague from Maryland to get in his On page 3, line 10, increase the amount by $162,000,000. give to our children and grandchildren amendment. On page 3, line 11, increase the amount by because it would mean that we have I have asked Senator CONRAD to line $7,000,000. been fiscally responsible. The way we up amendments on his side. I am trying On page 3, line 12, increase the amount by are trying to achieve it is to say we are to line up amendments on my side. $2,000,000. not going to use the Social Security Mr. SARBANES. What problem On page 3, line 17, increase the amount by surplus. When we were able to get that would it cause if we were to offer the $1,620,000,000. on-budget surplus in 1999 and 2000, I re- amendment after the votes and maybe On page 3, line 18, increase the amount by $162,000,000. member how we always had to wrestle even discuss it for a few minutes? Mr. NICKLES. I might not have any On page 3, line 19, increase the amount by in order to not use the Social Security $7,000,000. surplus. It was a way that we were able objection. I would like to ask Senator On page 3, line 20, increase the amount by to control spending. That is exactly COCHRAN. I just wanted Senator COCH- $2,000,000. what we are trying to do with this RAN to be able to respond to my col- On page 4, line 20, increase the amount by amendment. league from Maryland. We may be able $1,620,000,000. Mr. NICKLES. Mr. President, I wish to do that. We could actually set aside On page 4, line 21, increase the amount by the Corzine amendment and discuss the $162,000,000. to compliment my colleague from On page 4, line 22, increase the amount by Ohio. I appreciate the amendment. If amendment of the Senator from Mary- $7,000,000. his amendment had our deficit projec- land. I am willing to consider that. On page 4, line 23, increase the amount by tion level for the first few years and Mr. VOINOVICH. Mr. President, I un- $2,000,000. then went down to zero, I would prob- derstand from talking to the desk in On page 5, line 3, decrease the amount by ably support him. I can’t support an order to amend my amendment to re- $1,620,000,000. flect the numbers that were in the On page 5, line 4, decrease the amount by amendment that would have higher $1,782,000,000. deficits than what we project in our budget that came out of the Budget On page 5, line 5, decrease the amount by budget. I have the greatest respect for Committee, I need consent from my $1,789,000,000. my colleague. He is very sincere. He is colleagues. I would like to move to On page 5, line 6, decrease the amount by a deficit hawk. He is very interested in amend and insert the numbers that $1,791,000,000. getting down to zero, as I am. were in the budget resolution to elimi- On page 5, line 7, decrease the amount by Mr. VOINOVICH. Mr. President, will nate the problem Senator CONRAD has $1,791,000,000. On page 5, line 11, decrease the amount by the Senator yield for a question? brought to our attention so the num- $1,620,000,000. Mr. NICKLES. I would be happy to bers would reflect his numbers. And, I On page 5, line 12, decrease the amount by yield. might point out the number in the $1,782,000,000. Mr. VOINOVICH. I would be more third and fourth year is below the num- On page 5, line 13, decrease the amount by than happy to take my amendment and ber the Senator from North Dakota has $1,789,000,000. put the numbers of the Senator from in his budget numbers. On page 5, line 14, decrease the amount by North Dakota in for the first 3 years so Mr. CONRAD. Mr. President, I would $1,791,000,000. that it will take care of the problem On page 5, line 15, decrease the amount by be constrained to object. I object be- $1,791,000,000. the Senator made reference to and han- cause even with that change, he would At the end of Title III, insert the following: dle it that way so it eliminates any al- still be substantially above the Con- SEC. . RESERVE FUND FOR VETERANS’ MEDICAL legations that somehow this amend- gressional Budget Office adjusted base- CARE. ment is going to allow for increased line. And he is still left with an utterly The Chairman of the Committee on the spending. I would be more than happy unenforceable mechanism. I would be Budget of the Senate shall revise the aggre- to do that. happy to sit down and talk with the gates, functional totals, allocations to the Mr. NICKLES. Mr. President, for the Committee on Appropriations of the Senate, Senator as to why that is the case. We discretionary spending limits, and other ap- information of our colleagues, momen- would object. tarily we will be taking up the Nelson propriate levels and limits in this resolution The PRESIDING OFFICER. The ob- by up to $1,800,000,000 in budget authority for amendment. We will have a very short jection is heard. fiscal year 2005, and by the amount of out- 10 minutes on each side on that amend- Who yields time? lays flowing therefrom in 2005 and subse- ment, and I expect we would have three Mr. NICKLES. Mr. President, the quent years, for a bill, joint resolution, mo- rollcall votes. order we have agreed upon now would tion, amendment, or conference report that

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.166 S10PT1 S2530 CONGRESSIONAL RECORD — SENATE March 10, 2004 provides additional fiscal year 2005 discre- veterans who were deployed in our terday. I wonder how many times we tionary appropriations, in excess of levels Armed Forces serving in Operation En- will have to vote on various issues. provided in this resolution, for veterans’ during Freedom and Operation Iraqi This amendment is very similar to the medical programs, included in this resolu- Freedom: 287,000 service members have one from yesterday in a couple of re- tion for the Department of Veterans Affairs. served or are serving in those missions. spects. One, it has billions of dollars of Mr. NELSON of Florida. I ask unani- The veterans health system has strug- tax increase, has billions of dollars of mous consent Senators CORZINE, MI- gled, to make matters worse, with war- spending, except the spending is shel- KULSKI, SCHUMER, and NELSON of Ne- related problems from the first gulf tered into a reserve fund so some peo- braska be added as cosponsors to my war, with hundreds of thousands of ple say this gives more money to vet- amendment. American soldiers serving on the erans medical care, but it does not do The PRESIDING OFFICER. Without ground, while we cannot begin to esti- that. It does not increase money to objection, it is so ordered. mate future demand on the veterans veterans medical care. It creates a fund Mr. NELSON of Florida. Mr. Presi- health system. and maybe that money would go in dent, we have arrived at the moment of Indeed, because of wonderful im- there if the Appropriations Committee truth on veterans. Veterans have been provements in the way our military op- did such and such. But you can count all over this Capitol today pleading erates its health care on the battle- on what it does do; it increases taxes. their case regarding their health care. field, this present operation in Iraq has My colleague has very legitimate There is not one Member from any one fewer deaths. But because of the nature concerns—I share some of those con- of our 50 states who has not heard from of the war, there are many more inju- cerns—about veterans health care. Let veterans the tales of woe, the tales of ries. At the end of November of last me mention a couple of facts on vet- inefficiency, the tales of long waits, year, a few months ago, the number of erans. We are increasing the total waits as much as 6 months to get an soldiers medically evacuated from Iraq amount of money going to veterans on appointment with a VA doctor to get a was almost 11,000, both battle and non- mandatory and discretionary by 14.5 prescription. battle related. This means what? It percent. I believe I said this yesterday. The way I approached this amend- means our veterans are surviving at That is a lot, especially when you con- ment was to go to the deliberations of higher rates, hallelujah, but they are sider you are trying to do a budget that the Senate Veterans’ Affairs Com- going to also, more likely, depend on is almost deficit neutral. mittee and to find and be guided by the VA for future medical care related We did add $1.4 billion for medical their bipartisan analysis of the Vet- to those injuries. care. I understand people want more. I erans’ Administration budget, con- When we look at the President’s know people wanted more even if we cluding we must add $1.8 billion in budget for the Veterans’ Administra- did not do anything. No matter what order to adequately fund the health tion, it reflects only a 1.8 percent in- we put in, they would want more be- care requirements of veterans. crease in medical care funding over cause they think they are scoring po- Listen to the words of the Secretary last year’s appropriation. Overall med- litical points. of Veterans Affairs when he testified ical care inflation, according to the I will also say we have taken total last month to the House Veterans’ Af- Bureau of Labor Statistics, was 4 per- veterans function 700—mandatory and fairs Committee. Secretary Principi cent. So if we have medical care infla- discretionary—from $47.5 billion in the said: tion at 4 percent with the President’s year 2001 to $70.4 billion. That is an I asked for $1.2 billion more than I re- budget only rising at something under enormous increase. ceived. 2 percent for veterans medical care I understand the demands. I under- In other words, even the Secretary of funding, where is that going to leave stand the challenge it is. But I urge our the VA is calling for more money. our veterans? We must recognize the colleagues to vote no on the amend- The President’s budget makes up the health care costs are growing more ment. difference for these cuts in trying to rapidly and reflect this in the rapid The PRESIDING OFFICER. The Sen- rely on copayments from veterans on rise in the VA budget. ator from Florida. From where do I get it? I get it from enrollment fees. To pay, the adminis- Mr. NELSON of Florida. Mr. Presi- tax loopholes. Since I only have 10 min- tration has tried to impose this tax— dent, this amendment is significantly utes, I will not give examples of tax and it is a tax—on the hard-earned ben- different from the one defeated yester- loopholes. If anyone wants these exam- efits of veterans in the past, but the day by a very narrow vote. That one ples, they have been discussed over the Congress has not and is not going to was for a $2.7 billion increase, but it allow it. We simply cannot accept a course of the last several days. It is simple. Take the money, $1.8 bil- also had a commensurate like reduc- budget that includes access fees and lion increase for veterans medical care, tion in the deficit, so the total amount higher prescription drug copayments. which is woefully, inadequately funded taken out of tax loopholes was $5.4 bil- What this budget assumes is the in the President’s budget and you get lion. This amendment has only $1.8 bil- number of VA patients requiring men- that out of closing tax loopholes where lion taken out of tax loopholes to give tal health care will decrease next year. corporations are taking advantage of to veterans for their medical care. If you believe that, you believe in the tax provisions that, in essence, allow What easier tradeoff—we, all the tooth fairy because the bipartisan them to pay less taxes than are owed. time, have to make tradeoffs around analysis of our own Veterans’ Affairs It is a simple tradeoff. That is what I here—what easier tradeoff is there Committee finds no basis for this as- am proposing. than to do this on tax loopholes, for ex- sumption and wholeheartedly rejects Why don’t we do something for the ample, that allow a corporation to go the President’s $60 million cut in the veterans? out and buy a bridge, turn around and funding for mental health care. I reserve the remainder of my time. lease it back to a municipality, and be- To make matters worse on veterans The PRESIDING OFFICER. The Sen- cause it technically owns the bridge, health care, there are 60,000 veterans ator from Oklahoma. depreciate the value of that bridge? nationwide who have enrolled in the Mr. NICKLES. Mr. President, to ad- That is a sham kind of tax loophole, VA and have waited for 6 months or vise our colleagues, it now appears we and that is the kind of stuff we can go longer for an appointment. This is ac- will have a vote in a couple of minutes. after to fund, to stand up and support cording to the Senate Veterans’ Affairs The first will be a 15-minute rollcall the men and women in uniform who Committee. Failure to provide more vote, the second will be a 10-minute have served this country. funds is going to result in longer waits rollcall vote. It appears we will have I reserve the remainder of my time. and a higher risk to the quality of the two rollcall votes tonight. The first The PRESIDING OFFICER. The Sen- care. will be on the Baucus amendment deal- ator from Oklahoma. Then there are a couple of other com- ing with striking the reconciliation in- Mr. NICKLES. Mr. President, how plicating factors. If anyone thinks be- struction and the second will be an much time does the Senator from Flor- cause we have so many World War II amendment by Senator NELSON. ida have left? veterans and because of their age their If my memory serves me correctly, The PRESIDING OFFICER. Twelve numbers are declining, think of all the we voted on a similar amendment yes- seconds.

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.027 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2531 Mr. NICKLES. Does the Senator [Rollcall Vote No. 39 Leg.] The question is on agreeing to yield his time? I am going to order YEAS—53 amendment No. 2745. The clerk will some votes. Akaka DeWine Lieberman call the roll. Mr. NELSON of Florida. Mr. Presi- Baucus Dodd Lincoln The assistant legislative clerk called dent, I will be happy to yield back the Bayh Dorgan Mikulski the roll. Biden Durbin Murray remainder of my time, urging a vote C Bingaman Edwards Nelson (FL) Mr. M CONNELL. I announce that for the veterans of this country. Bond Feingold Nelson (NE) the Senator from New Mexico (Mr. The PRESIDING OFFICER. The Sen- Boxer Feinstein Pryor DOMENICI) is necessarily absent. Breaux Graham (FL) Reed ator from Oklahoma. Cantwell Harkin Mr. REID. I announce that the Sen- Reid Mr. NICKLES. Mr. President, we are Carper Hollings ator from West Virginia (Mr. BYRD) Rockefeller ready to begin voting. We are going to Chafee Inouye Sarbanes and the Senator from South Dakota have two votes tonight. Clinton Jeffords (Mr. JOHNSON) are necessarily absent. Coleman Kennedy Schumer Mr. President, I yield the floor. Collins Kerry Smith The PRESIDING OFFICER. Are there AMENDMENT NO. 2705 WITHDRAWN Conrad Kohl Snowe any other Senators in the Chamber de- Mr. VOINOVICH. Mr. President, I ask Corzine Landrieu Specter siring to vote? Daschle Leahy Stabenow unanimous consent to withdraw Dayton Levin Wyden The result was announced—yeas 46, amendment No. 2705. nays 51, as follows: NAYS—43 The PRESIDING OFFICER. Is there [Rollcall Vote No. 40 Leg.] objection? Alexander Enzi Miller Allard Fitzgerald Murkowski YEAS—46 Without objection, it is so ordered. Allen Frist Nickles Akaka Durbin Lieberman The PRESIDING OFFICER. The Sen- Bennett Graham (SC) Roberts Baucus Edwards Lincoln ator from Oklahoma. Brownback Grassley Santorum Bayh Feingold Mikulski Mr. NICKLES. Mr. President, I thank Bunning Gregg Sessions Biden Feinstein Murray Burns Hagel Bingaman Graham (FL) my colleague from Ohio. He is my very Shelby Nelson (FL) Campbell Hatch Stevens Boxer Harkin Nelson (NE) Chambliss Hutchison good friend. He makes some excellent Sununu Breaux Hollings Pryor Cochran Inhofe Cantwell Inouye points. I compliment him. He is what I Talent Reed Cornyn Kyl Carper Jeffords call a deficit hawk, and I compliment Thomas Reid Craig Lott Clinton Kennedy Voinovich Rockefeller him. Crapo Lugar Conrad Kerry Sarbanes I look forward to working with him Dole McCain Warner Corzine Kohl Schumer on a lot of ideas. Some of his ideas are Ensign McConnell Daschle Landrieu Dayton Lautenberg Stabenow in this resolution. Some of his ideas for NOT VOTING—4 Dodd Leahy Wyden budget reform were in last year’s reso- Byrd Johnson Dorgan Levin Domenici Lautenberg lution. I will remind my colleague from NAYS—51 Ohio, we used some of your budget The amendment (No. 2751) was agreed Alexander DeWine McConnell points of order you suggested to me to. Allard Dole Miller over a year ago, this year, throughout Mr. STEVENS. I move to reconsider Allen Ensign Murkowski the year, to save a lot of spending. the vote. Bennett Enzi Nickles I compliment my colleague from Ms. CANTWELL. I move to lay that Bond Fitzgerald Roberts Brownback Frist Santorum Ohio for his work, and I look forward motion on the table. Bunning Graham (SC) Sessions to continuing to work with him. The motion to lay on the table was Burns Grassley Shelby Campbell Gregg Smith AMENDMENT NO. 2751 agreed to. The PRESIDING OFFICER. The Sen- Chafee Hagel Snowe Mr. President, we are now ready to Chambliss Hatch Specter vote, first on the Baucus amendment. I ator from Oklahoma. Cochran Hutchison Stevens expect it will be a 15-minute rollcall Mr. NICKLES. Mr. President, for the Coleman Inhofe Sununu information of our colleagues, we will Collins Kyl Talent vote. I do not expect to let it go much Cornyn Lott Thomas beyond 15 minutes. I ask unanimous have one more rollcall vote tonight. Craig Lugar Voinovich consent to have the second rollcall That will be on the Nelson amendment. Crapo McCain Warner It is a 10-minute rollcall vote. vote be limited to 10 minutes. NOT VOTING—3 I warn my colleagues, we have al- The PRESIDING OFFICER. Is there Byrd Domenici Johnson objection? lowed these last rollcalls to go a little Without objection, it is so ordered. long. Tomorrow we are going to have a The amendment (No. 2745) was re- Mr. NICKLES. Mr. President, I yield lot of votes. I am going to yield back a jected. back the remainder of our time. lot of time tonight or tomorrow. So we The PRESIDING OFFICER. The Sen- I ask for the yeas and nays on the are going to be having a lot of votes. ator from Oklahoma. Baucus amendment. We are doing that to try to make this Mr. NICKLES. Mr. President, I move The PRESIDING OFFICER. Is there a a more orderly process because we do to reconsider the vote, and I move to sufficient second? not want to have a vote-arama that lay that motion on the table. There is a sufficient second. will go all night long tomorrow. The motion to lay on the table was Without objection, the question will I will cooperate with my colleague, agreed to. first occur on the Baucus amendment. and I thank Senator CONRAD for his co- Mr. NICKLES. Mr. President, that is The question is on agreeing to operation. I urge my colleagues to ex- the last vote tonight. I believe Senator amendment No. 2751. pect a long, hard day tomorrow. I urge CORZINE has an amendment he is going The clerk will call the roll. my colleagues, when we have debate, to to lay down. We will possibly discuss it The legislative clerk called the roll. keep the time limited so we can con- tonight. I believe he wants to discuss it Mr. MCCONNELL. I announce that sider additional amendments and con- a little bit, I am not sure. I have to see the Senator from New Mexico (Mr. clude this resolution by sometime to- what the amendment is. I am not sure DOMENICI) is necessarily absent. morrow night or sometime Friday. But what it is. Mr. REID. I announce that the Sen- we will stay here until we complete I don’t know if there are any other ator from West Virginia (Mr. BYRD), this resolution. amendments that will be introduced the Senator from South Dakota (Mr. VOTE ON AMENDMENT NO. 2745 tonight. But I want to let all our col- JOHNSON), and the Senator from New Mr. NICKLES. Mr. President, we are leagues know we are going to be start- Jersey (Mr. LAUTENBERG) are nec- now going to vote on the Nelson ing pretty early tomorrow, and we will essarily absent. amendment. I urge my colleagues to have a lot of votes. My guesstimate is The PRESIDING OFFICER. Are there vote no. I ask for the yeas and nays on I will yield back a lot of time so we any other Senators in the Chamber de- the amendment. will be on amendments tomorrow. We siring to vote? The PRESIDING OFFICER. Is there a handled a lot of amendments today. I The result was announced—yeas 53, sufficient second? haven’t counted the number. We ac- nays 43, as follows: There is a sufficient second. cepted some, we disposed of some, but

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.173 S10PT1 S2532 CONGRESSIONAL RECORD — SENATE March 10, 2004 we are going to have a lot more amend- ber of the committee, who has been ex- On page 5, line 12, decrease the amount by ments tomorrow night, and tomorrow traordinarily patient. We almost $31,000,000,000. night we are probably going to be achieved a unanimous consent that On page 5, line 13, decrease the amount by $34,000,000,000. working a lot past 10 o’clock. I regret would have allowed his amendment to On page 5, line 14, decrease the amount by that. I would love to change the way be voted on this evening. It did not $39,000,000,000. budgets are done. happen. I thank him personally for his On page 5, line 15, decrease the amount by I urge our colleagues, not all these patience and his graciousness. $36,000,000,000. amendments have to be offered. I urge The PRESIDING OFFICER. The Sen- At the appropriate place, insert the fol- our colleagues if you have amend- lowing: ator from New Jersey. ‘‘SEC.. RESERVE FUND TO PREVENT CUTS ments, if you can work them out with Mr. CORZINE. Mr. President, I com- IN SOCIAL SECURITY BENEFITS.—If legislation Senator CONRAD and myself, we are pliment both the chairman and the is reported by the Senate Committee on Fi- happy to try to do that. That might ranking member for their leadership in nance, or an amendment thereto is offered or save a lot of time. Rollcalls take a lot this debate. I hope people understand a conference report thereon is submitted of time. We still conduct rollcalls the how civil and effective the views in the that would extend the solvency of the Social way it was done 200-some-odd years debate have been carried forward. They Security Trust Funds and prevent future cuts in Social Security benefits, the Chair- ago. It takes a little while, and that is will be pleased to know we have pulled fine. But I encourage our colleagues to man of the Senate Committee on the Budget the other three amendments I sub- may revise the aggregates, allocations, and think of the major amendments we mitted. other appropriate levels and limits in this really need to vote on, that they feel Mr. CONRAD. I thank my colleague. resolution by not more than $160,000,000,000 compelled to vote on, and we will try AMENDMENT NO. 2777 to reflect such legislation.’’ to have those together and give every- Mr. CORZINE. With that, Mr. Presi- Mr. CORZINE. Mr. President, this is body a fair crack at amending this dent, I send an amendment to the desk an amendment that is very simple in budget resolution. nature. It calls for the elimination of I hope some of our colleagues, if they and ask for its immediate consider- ation. tax breaks for those with incomes have had success in passing an amend- greater than $1 million, that is less ment, maybe they would consider vot- The PRESIDING OFFICER. The clerk will report. than two-tenths of 1 percent of income- ing for the resolution, not just trying tax payers in the United States with to tear the resolution down or change The legislative clerk read as follows: The Senator from New Jersey [Mr. incomes greater than $1 million, and it and continue to oppose it. reserves the savings for the Social Se- Anyway, I urge our colleagues tomor- CORZINE] proposes an amendment numbered curity fund. I emphasize that is two- row to expect a long day with a lot of 2777. tenths of American taxpayers, basi- votes. Maybe we can conclude tomor- Mr. CORZINE. I ask unanimous con- cally setting a new bracket, returning row night. More than likely we will sent the reading of the amendment be it to 39.5 percent for those who have conclude sometime on Friday. dispensed with. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without adjusted gross income over $1 million. The amendment uses the savings to ator from North Dakota. objection, it is so ordered. Mr. CONRAD. Mr. President, I add The amendment is as follows: establish a reserve fund for Social Se- curity which would be used only to ex- my voice to the chairman’s and indi- (Purpose: To eliminate tax breaks for those cate to our colleagues we have now with incomes greater than $1 million and tend the solvency of the Social Secu- been able to substantially reduce the reserve the savings to prevent future cuts rity trust fund and prevent future cuts list on our side. I report to the chair- in Social Security benefits) in Social Security benefits. It is man a very substantial reduction. I On page 3, line 9, increase the amount by straightforward. think we have eliminated, now, more $20,000,000,000. Social Security represents the best of than 50 of the amendments that have On page 3, line 10, increase the amount by America’s values. It promises all been noticed. But that still leaves us $31,000,000,000. Americans, if you work hard, pay your with over 40. On page 3, line 11, increase the amount by taxes, play by the rules, you can live At three amendments an hour, that $34,000,000,000. out your life in dignity. Social Secu- On page 3, line 12, increase the amount by would be 13 hours of straight voting. It rity is not a handout. It is not welfare. $39,000,000,000. It is an earned benefit. It honors and is not just going to be straight voting On page 3, line 13, increase the amount by because we still have time on the reso- $36,000,000,000. rewards work, a basic American value. lution. We still have eight or nine On page 3, line 17, increase the amount by The promise of Social Security, when amendments that are going to require $20,000,000,000. you get right down to it, is a guaran- more extended time during the day, be- On page 3, line 18, increase the amount by teed promise of retirement security. fore we get to vote-arama. $31,000,000,000. Regardless of how long you live, re- I think, just eyeballing it, we are On page 3, line 19, increase the amount by gardless of the rate of inflation, regard- probably talking 4 hours before we get $24,000,000,000. less of the state of the economy or the On page 3, line 20, increase the amount by state of the stock market, you worked to vote-arama. Then we have at least, $39,000,000,000. as I have indicated, 13 hours of votes On page 3, line 21, increase the amount by all your life, you contributed to our after that, if people do not back off and $36,000,000,000. Nation’s productivity. Social Security show restraint. On page 4, line 20, increase the amount by promises you will have enough to have We have the night. We have the night $20,000,000,000. dignity in your senior years. to think very carefully about what On page 4, line 21, increase the amount by In fact, the benefits promised by So- kind of quality of life we want for our- $31,000,000,000. cial Security are quite modest. The av- selves over the next 2 days. On page 4, line 22, increase the amount by erage monthly benefit is about $900; We have had very significant debates, $34,000,000,000. $900 per month for a senior. I don’t On page 4, line 23, increase the amount by think, at least not in New Jersey—that significant amendments. Let’s try to $39,000,000,000. close this out and do it in a way that On page 4, line 24, increase the amount by is not exactly luxurious living that one has the dignity the Senate should have. $36,000,000,000. would be benefiting from, from Social Yes, we will have significant additional On page 5, line 3, decrease the amount by Security. But it does provide an impor- amendments and debate, but let’s $20,000,000,000. tant safety net. eliminate the duplication and try to On page 5, line 4, decrease the amount by For nearly one-third of the seniors in have a reasonable number of amend- $31,000,000,000. retirement, it is at least 90 percent of ments so we can be done by a reason- On page 5, line 5, decrease the amount by their income or more—one-third. For $34,000,000,000. able time on Friday. another one-third it is 50 percent or On page 5, line 6, decrease the amount by more of their retirement security. And I thank the chairman for working $39,000,000,000. with me as we have to try to move this On page 5, line 7, decrease the amount by for the balance, it is a major support, process. $36,000,000,000. that third third; it is a little less than I also thank very much Senator On page 5, line 11, decrease the amount by 50 percent but a significant part of CORZINE, who is a very valuable mem- $20,000,000,000. their retirement security.

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.175 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2533 As a result of Social Security, the this resolution. That is the full on- needed to ensure the long-term sol- poverty rate among seniors today is budget element, and I think it is very vency of Social Security is less than $4 less than 10 percent. It is actually hard to argue it is fiscally responsible. trillion. This is what the tax cuts cost about 9 percent. Without the program, In fact, I consider that a pretty egre- for 75 years. This is how much it costs nearly half of all retirees would live gious figure hardly reflecting the kind to fix Social Security, according to the below the poverty level—48 percent is of fiscal responsibility we all seem to actuarials. In other words, those tax what the calculations would be—which, hold close to our chests. Even that fig- cuts cost more than three times the en- by the way, is where seniors were be- ure is misleading because it excludes tire Social Security shortfall. fore the institution of Social Security. known costs such as the cost of ad- What will happen if we make the tax It has provided a major support for the dressing the alternative minimum tax cuts permanent, as the President quality of life for America’s seniors. beyond 2005; similarly, the cost of our wants? It is a real problem in our ca- We hear a lot of conversation around continued presence in Afghanistan and pacity to fix this problem; by the way, here about the problems facing Social Iraq after 2005. Medicare as well. It will lead inevi- Security. Let me first say that talk is By the way, I compliment the chair- tably to benefit cuts in Social Secu- way overblown. Even if Congress does man and others for putting together a rity, and more than likely will be dealt nothing, the Social Security system is resolution that actually acknowledges with quite deeply. secure and solvent to 2042. After that there will be additional expenditures. Many of us, by the way, have thought date, a substantial portion of benefits But I don’t think we have addressed it. and long suspected that the rising defi- could continue—about 75 percent, I Most importantly, we are not ad- cits of recent years have been no acci- guess, according to the actuaries. dressing, and there is no allowance for, dent but rather part of a strategy de- That said, we all have a responsi- the provisions that are embedded in signed to force deep cuts in Social Se- bility to address the long-term sol- Social Security reform that is talked curity and Medicare to change the vency problem of Social Security. It is about both by the President and many basic underlying fix of the social safety not in crisis, but it needs to be ad- of those on the other side of the aisle. net we have in this country. dressed. It is better to deal with it ear- Everyone knows that the total cost Recently, it became a little more lier rather than later. That is one of of the transition to private accounts, clear in a lot of people’s minds exactly the reasons I believe my amendment which is so readily embraced by many, what is going on here. No less a figure makes sense. If we get started on that will be over $1 trillion and that nothing than the Federal Reserve Chairman, process now, we can protect seniors as is allowed in this budget for the begin- Alan Greenspan, came out and publicly time goes forward. ning of that transition. I think it is stated it is time to do two things: The Social Security trust fund faces even more aggravated with regard to make permanent tax breaks which go a long-term shortfall. The last 30 years where we will end up relative to what largely to those doing the most well in of the trust fund needs to be addressed. the reflected budget deficit is that is our society, or make significant cuts— We ought to be preparing for it. That is included. I think it will be consider- long run cuts—in Social Security bene- what I am trying to talk about. ably larger. fits. No doubt many politicians who be- Given the angst that so many people We are fooling ourselves if we think lieve in such an approach were hoping in the country have with regard to So- that running such deficits comes with- to defer this debate until after the elec- cial Security, the President proposed a out a cost. In the long run, these defi- tion. But I think we need to have that very radical reform program which we cits will have a substantial impact on debate out in the public and fully un- heard about in the State of the Union. our economy and on every American derstood. It is something I think we ought to family. I compliment Chairman Greenspan start putting money aside for now to In January of 2001, the Congressional for at least raising this issue so it is on protect our seniors as we go forward. Budget Office projected that by the end the table. I don’t necessarily agree The reality is that this budget reso- of 10 years we would have $36 billion in with the strategy of execution, of mak- lution does nothing to preserve or save publicly held debt. Instead, today we ing permanent these tax cuts which un- Social Security. That is why I think it are looking at a projection of $5.5 tril- dermine our ability to deal with it, but is so important that we address it. This lion by 2008. It is a rather significant I think it is absolutely one we need to is one of those means to do it. swing in cashflow by this country. It debate. Actually, this budget resolution in calls into question whether we are real- We need to be saving today to make many ways will make the problem ly thinking about the long-run impact sure we can protect those benefits for worse. This budget resolution takes this is going to have on our Nation. tomorrow. We can’t do it if we are every penny out of the Social Security Our level of national savings will go going to continue to live with this ab- trust fund and spends it either on fund- down, interest costs will go up, invest- solute binge of tax cuts, especially for ing additional tax cuts or spending it ment will go down, and the end result the most fortunate. Yet that is what on other programs, depending on how is likely to be a reduced standard of this resolution proposes. That is why I you look at it. But the fact is, over the living in the long term for all Ameri- feel so strongly we should take steps to next 10 years we are going to—if we cans. try to address something that is so fun- don’t eliminate tax cuts or some por- There is one thing that is absolutely damental to the American people. tion of it—use $2.5 trillion. That is the certain in this context, and that is the My amendment proposes to limit cost of the Bush tax cuts over the next certainty that every American will be those tax breaks that go to those with 10 years. That is almost dollar per dol- carrying the debt burden that goes well incomes greater than $1 million. lar what would be coming into the So- beyond where we are today, which is By the way, just returning to the tax cial Security trust fund over the period about $24,000 per person and up to bracket at the very high end, .2 percent of time ahead. That is what the excess about $35,000 just in 2009. I hate to see of the American taxpayers use those is. Almost dollar for dollar, we match how this explodes over the longer pe- savings to establish a Social Security the funding of those tax cuts and use riod of time because we have all seen reserve fund. The fund would be avail- up the Social Security trust fund. I the charts about how deficits grow as able only for legislation to extend the don’t think that is what the American the baby boomers retire. We have a solvency of the Social Security trust people had in mind. I know they don’t real problem. It is going to undermine fund and to prevent future benefit cuts. have in mind running this country the quality and level of standard of liv- This would not entirely save Social Se- deeper and deeper into debt. In fact, ing in America through a period of curity’s long-term challenge. Roughly this budget resolution continues what time. $4 trillion is what we have, but it is a this Congress and this President have That is why I believe we need to re- heck of a downpayment. It is about $1 done over recent years, which is abso- visit at least some of the huge tax trillion on the present value basis in lute abandonment of fiscal discipline. breaks enacted in recent years. Over the direction of a big step towards try- For the year 2005, the majority is the next 75 years, the cost of the Bush ing to preserve and make sure we can proposing that the Government run a tax cuts is about $12 trillion in present deal with the Social Security shortfall deficit of more than $512 billion with value terms. By contrast, the amount over a period of time.

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.182 S10PT1 S2534 CONGRESSIONAL RECORD — SENATE March 10, 2004 Again, let me recap why this amend- say dividends will be taxed for every- Senator think we ought to be making ment is so important. Social Security body in the country at 15 percent ex- steps, even if it is not this approach, to is a promise we must keep. It is a cept for the highest income people, begin to address these shortfalls as we promise millions of hard-working that will be at 39.6 percent, you are go forward? Americans will depend on to keep them getting into a mess as far as admin- The PRESIDING OFFICER. The Sen- out of poverty in their old age. Keeping istering the Tax Code. ator from Oklahoma. that promise in the future will require What about this instruction to in- Mr. NICKLES. Madam President, I increasing our savings now. That is crease it $160 billion? How does that don’t think this economy needs a big why we cannot afford to build massive save Social Security? I tell my col- tax increase. I have not figured out deficits with huge new tax breaks for leagues, Social Security has a $4.9 tril- percentagewise what it would be if you the most fortunate Americans among lion unfunded liability. If this makes applied it to upper income, but it is an us. sense to do it to Social Security, the increase of about 15 percent, I guess We need to be disciplined. We need to unfunded liability over 75 years for maybe 14 percent on some of the most be responsible. This amendment says Medicare is 3 or 4 times as high. The productive people we have in the coun- instead of going deeper and deeper into last estimate I had was $15.3 trillion for try. debt, let’s save a portion for the future. Medicare. We made it worse last year That is a good way to encourage a lot Let’s hold off on tax breaks for those when we expanded the Medicare bene- of people to go overseas. That is a good with incomes greater than $1 million so fits. way to encourage more business in we can keep our promise to Social Se- First, if we went with the amend- other areas. That is a good reason for curity and prevent future benefit cuts ment’s assumption, you would be in- people to outsource more to other for our seniors as the years go on. creasing the maximum rate at least to countries that do not have tax rates That is the right thing to do. It is the 39.6 percent. The maximum rate on cor- this high. responsible thing to do. I hope the ma- porations is 35 percent. So why would I find this to be very shortsighted. jority of my colleagues will support the we tax individuals who happen to be This is a big tax increase. It would not amendment. proprietors, who own their own busi- be funneled into Social Security. If you The PRESIDING OFFICER (Ms. MUR- ness, who happen to be the individuals want to do that, increase the payroll KOWSKI). The Senator from Oklahoma. who are creating about 80 percent of tax. Some people think we will save Mr. NICKLES. Will the Senator the jobs, and probably 80 percent of the Social Security by increasing some yield? people who pay maximum rates are in- people’s income tax. That is not my Mr. CORZINE. Certainly. dividuals, self-employed proprietors, opinion. Very shortsighted. We pay So- Mr. NICKLES. I am trying to figure maybe doctors and lawyers, hiring a cial Security right now. It is basically out how the amendment would work. lot of people, but we will tax them an unfunded, defined benefit plan. It is You are assuming the highest income higher rates than we tax Exxon and we a rollover type plan, money coming in, level people would have no reduction in tax Goldman Sachs, the corporation. money going out. Right now a little their tax rates going back to 2001, so They pay 35 percent, but we will say we more is going in than going out, but their personal income tax rate would will have these individuals pay an addi- there is significant liability. It has be 39.6 percent? tional tax up to 39.6 percent, and then never been a funded, vested plan. It is Mr. CORZINE. The Senator is right, to say we will put it into a fund, that basically a pay-go system, paid for except for the 2001. It is moving back just will not work. under the payroll system. up to the 39.6 percent rate for those What we would do, the net essence, is Some think it should be changed. I over $1 million. raise taxes $160 billion. Presumably we happen to think maybe it should be Mr. NICKLES. If the Senator will will put it into a fund, but with the changed in line with what the Presi- yield further, would that include the deficit situation we have right now it dent suggested, where we move it from rate on capital gains? will be spent. It is absurd to think it a defined benefit to a defined benefit Mr. CORZINE. It would. would not be spent. It will be spent. plus a defined contribution plan; where Mr. NICKLES. And the rate on divi- You might have an IOU in that fund, we allow individuals to take a percent- dends? but if the Government collects the age of their payroll and put it in their Mr. CORZINE. It would. taxes—I made this speech yesterday; I own bank account where they own it Mr. NICKLES. Madam President, I don’t want to be redundant, especially and they control it and they are not de- have great respect for my colleague this late—all money will go into one pendent on Government promises to from New Jersey, but this is one of the pot, and if you want to have a little provide future benefits. worst amendments I have seen. This is paper entry that says IOU over here That is a debate for another day. a tax increase of $160 billion. The Sen- and you have another fund that says That would help save the system. I ator from New Jersey can assume it IOU, and someone assumes it is to pay used to be a trustee of a private pen- will only be on millionaires, but you Social Security, that is not the way it sion system. Our system, like millions cannot do that. Therefore, it is a direc- works. It would not work that way. across America, moved away from a de- tion to the Finance Committee to raise I appreciate my colleague’s amend- fined benefit system to a defined con- $160 billion. It assumes it would be sav- ment. I hope our colleagues would vote tribution system. Federal employees ing Social Security, but it will not. It no on this amendment to raise taxes by have done the same thing. Frankly, will not in any way, shape, or form. He $160 billion on a lot of small business that will continue happening and will assumes it will be put into a trust fund entrepreneurs throughout the country. continue happening. We need to let in- to save Social Security, but it will not. I think it would be slamming the door dividuals have the opportunity to It raises taxes $160 billion. on economic recovery right off the bat. grow, own, invest, and control part of I will talk about, if he was correct, I urge our colleagues to vote no. We their retirement funds, including So- how bad that would be. It would be will vote on this amendment tomorrow cial Security retirement funds. kind of interesting to say everyone in morning. This, however, is not that solution. the country gets a capital gain rate of The PRESIDING OFFICER. The Sen- This is a solution that says let’s not 15 percent, but if you happen to be at ator from New Jersey. only have the payroll tax—and I might an income level of such and such, your Mr. CORZINE. Madam President, mention, the payroll tax is already capital gain rate is twice as high; it is would the chairman acknowledge the very large. The payroll tax of Social 39.6 percent. That is very strange. $160 billion is only for 5 years? If you Security is 12.4 percent of payroll. I assume, too, if you had dividend were to implement this policy over the Matching employee and employer, 6.2, rates now and we set them now at 15 full 75-year timeframe, the present 6.2, 12.4 percent of all payroll going up percent, and that helped the market a value would be roughly $1 trillion. My to 87,000 is paid into Social Security. lot, and we tax dividends higher than calculation is not down to the last dec- That is a lot. That is thousands and any other country in the world, but we imal point. But the point being not thousands of dollars. helped that in last year’s bill by cut- that $160 billion will save Social Secu- Incidentally, the individuals get a ting dividends to 15 percent, and you rity, nor $1 trillion, but doesn’t the crummy deal because they have to pay

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.185 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2535 taxes on it before they make their con- It is hard for one to imagine just ex- budget resolution works. You can just tribution. So they have to use aftertax actly how that marginal rate ended up direct the amount of money for the Fi- dollars to make their Social Security being so dampening to economic nance Committee to raise. And I think contribution. growth given the reality of the econo- the Senator from New Jersey is aware This is not a great deal for individ- my’s performance in the 1990s. And now of that. uals. They can do a lot better if they what we are talking about with this As far as putting it in a fund, this were able to invest some of their own suggestion applies to two-tenths of 1 Senator has only been here for 3 years. money in their own accounts, and let it percent of taxpayers. I was in the House of Representatives grow—hopefully, grow tax free—so I would also suggest that there are for 4 years prior to this. The one thing they would not be so dependent on many differentials already in the Tax I have learned around here, first of all, Government. Code with regard to tax payments on is that there is no Social Security This solution says, let’s have not dividends. It is not a flat application of trust fund; it is a bunch of IOUs. It is only the payroll taxes and the demo- the dividend rate for all businesses. So simply an accounting system that we graphic challenge that we have with there are many circumstances where have. Taxpayers, basically in the fu- payroll taxes—because right now you you could end up having a differential ture, will pay taxes to fund this ac- are going to have a lot more people of rates. counting gimmick that we know as a drawing the benefits and fewer people I think the choice that we are mak- trust fund. paying as the baby boomers retire—but ing here is: Is it worthwhile to protect In most companies, the way they set let’s create a tax surcharge or an in- guaranteed benefits—again, where one- up trust funds, they actually take the come tax just on a very small percent- third of Americans now are 100 percent money and invest it. That money accu- age and really sock it to them. And we dependent on Social Security as their mulates. There are actually real assets. will say we are putting that into a sole protection for their senior years There are not real assets, other than fund. and another third are 50 percent or the word of the United States, in the All that fund would be used for would more dependent? Do we want to con- Social Security trust fund. That is be to maybe reduce debt or maybe fi- tinue to have a social safety net, a really all we have. nance more spending. The direction in guaranteed benefit for Americans? I Mr. CORZINE. Will the Senator yield this amendment is: Well, let’s create a think that is a compact and a trust we for a question? fund. Basically, the Finance Com- put together. Mr. ENSIGN. Let me make a few mittee might create a fund, but there This is one of the ways that we can points, and then I will be happy to are going to be more taxes raised. It begin to address it: a $1 trillion yield. would be a $160 billion tax increase present-value step, if we were to imple- There is no cash. There are Treasury over the next 5 years. ment it. So I hope my colleagues will bills, basically financing debt that we I do not doubt my colleague from take into account whether we want to have for the long term. And we get a New Jersey; it may be $1 trillion over maintain Social Security with its guar- very low rate of interest on those for the next umpteen years. I think it the Social Security trust fund. would be very shortsighted economic anteed benefit structure or are we going to put ourselves at risk, having The pension systems of companies policy. and States have real assets in them. Marginal rates make a difference. I to change that program because we do The State of Nevada has the Public used to run a manufacturing company. not have the long-term actuarial pro- I used to have a janitor service. Mar- tection of the ability to fulfill the obli- Employees Retirement System. It is a ginal rates made a difference when I gations that are accumulating by system that a lot of States have. Most teachers, police officers, and had a janitor service because I found Americans who work, the fundamental the like are not in the Social Security out I was working just as much for the value that we take on here. Government as I was for myself. And The folks from the State that I call system because they are in a pension why would you build or expand? home tell me that Social Security is system. The easiest way to explain The Senator’s amendment would vital to their long-term security. And I that is, instead of the taxpayers of move us very close to 40 percent, not hear from those folks that they would today paying for the retirees of today, counting State income tax, not count- like to see a program that is not at the retirees’ money that they earned ing city income tax, if you happen to risk, but they want to maintain that while working got put in a system that live in some cities. If you add all that guaranteed benefit. earned money, so that when they re- together, people will say: Why should I This is one of those steps we can take tired they started getting that money grow, build, or expand? If they do not to make that happen. back out with interest. expand, they are not creating jobs. I yield the floor. For retirees of today under Social Se- This is a very bad amendment if you The PRESIDING OFFICER. The Sen- curity, theirs was put in a paper ac- want to grow the economy. ator from Nevada. count. It has earned a tiny amount of The real future of Social Security is Mr. ENSIGN. Madam President, I interest, but the workers of today pay going to be dependent on a growing have just a couple thoughts to share in taxes for their retirement payments. economy. This amendment would be tonight on the Senator’s amendment That is how it works. It is a complete sending the signal we are not inter- and on Social Security in general. difference. ested in growing; we would rather have The Senator from Oklahoma men- By the way, for the State of Nevada, you leave. tioned what the Senator’s amendment since we have had our PERS system— So I urge my colleagues to vote no on would actually do: raise taxes, sup- I think for 25 or 30 years, whatever it the amendment. posedly to put into a fund to save So- has been—the average rate of return The PRESIDING OFFICER. The Sen- cial Security. has been 11 percent. Social Security is ator from New Jersey. First of all, it directs the Finance about 2, 3 percent, somewhere in Mr. CORZINE. Madam President, I Committee to raise taxes. You cannot there—1 percent. It is a lot lower, we would like to make just a couple obser- tell the Finance Committee, in a budg- know, than 11 percent. vations relative to the views of the et resolution, what taxes to raise. It If Social Security would have been Senator from Oklahoma. could easily raise taxes on the child set up as a retirement system, as a The last time I checked, when mar- tax credit. It could easily raise what- pension system with real assets, what ginal rates were 39.6 percent for a ever taxes it chooses to raise. You can- the Senator is trying to do—put money whole wider range of Americans—and I not direct the Finance Committee on into that system—may work. But it is do believe marginal rates and large in- what taxes to raise. We all know that. not set up that way. crements do make a difference on the Any of the amendments that have It is set up as a pay-as-you-go sys- motivation to work—the economy grew been put forward today that say, well, tem. All this money you give to Con- for 8 straight years, producing 22.5 mil- just raise the tax on millionaires, you gress today, they will spend it. I have lion jobs. We had 4, 5 percent produc- have to be on the Finance Committee been around here 3 years, but it is obvi- tivity, the highest growth in small to be able to direct that. That may be ous: If you give more money to this business in the history of the country. your desire, but that is not the way the Government, it is going to spend it. It

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.187 S10PT1 S2536 CONGRESSIONAL RECORD — SENATE March 10, 2004 is an easy way to get reelected, just we have seen this economy do histori- hold the line with an $814 billion cap on giving money to people. cally several times. discretionary spending and even de- So while the Senator from New Jer- I think raising taxes would actually crease mandatory spending by $5.7 bil- sey wants to put it in to save Social threaten the Social Security trust fund lion. Security, it is not going to do that. because, as the Senator from Okla- This budget is a blueprint for Amer- As a matter of fact, it will raise the homa said, the only real security for ica tomorrow that recognizes the reali- baseline which will put more liability the Social Security trust fund as it is ties of today. Those realities call for into the future. set up today is a strong economy. strong budgets for our military and for I yield the floor. We have the baby boomers who are the State Department. There are real The PRESIDING OFFICER. The Sen- retiring, this huge demographic shift. threats on the horizon that we cannot ator from New Jersey. When Social Security was first set up, ignore. We must have the manpower, Mr. CORZINE. Mr. President, if I there were 39 workers for every one re- infrastructure, and intelligence net- might ask the Senator from Nevada a tiree. The retirement age was 65. The work to protect all Americans from the simple definitional question, I think average age when people died was 63. threat of terrorism. We cannot afford government bonds and treasury bills That is why a pay-as-you-go system to lose sight of the importance of these are assets. They may not be as high worked for all those years. We had programs. yield assets as those available to the plenty of workers to pay for the retir- Of course, spending more in the budg- investment profile that is the Nevada ees. We are down to less than four et to protect Americans means that PERS fund, but then again, it is also workers for every one retiree today. We some other worthy programs will have an asset that provides presumably are going to two to one. In future to face a little belt-tightening. But as greater security and less volatility and years, if we continue with the birth we review our spending levels, we have less risk to those who would benefit rates and the increase in age that peo- an opportunity to allocate some new from it down the road. Social Security, ple live, we will be down to one to one. monies and focus on new priorities. while it has pay-as-you-go characteris- A pay-as-you-go system does not work One such program is the Pell Grant tics, has never been a system that was in that regard. program. Since 2001, Pell Grant funding without accumulated reserves or defi- It is an important debate to have. I has increased by 47 percent. In com- cient reserves. realize we are not going to solve this mittee, I was able to amend the budget There is a time for us to have a de- on the budget resolution, but the bot- resolution to increase Pell Grants for bate about Social Security that goes tom line is, a strong economy is the students who are willing to work hard- further than we do tonight, but my only way in a pay-as-you-go system, a er in high school. This $33 million pro- view is if we reduce the amount of bor- growing, strong, healthy economy is gram will allow students who partici- rowings that are taken out of the So- the only way for you to be able to have pate in a ‘‘State Scholars Program’’ to cial Security trust fund to fund every- enough revenues coming into the Fed- receive an extra $1,000 for their college thing else we do in government, we eral Government to be able to pay So- education. would be a lot safer in the long run, cial Security retirees. We will seek out those students who and that is what my amendment is If we want to change the system, and work harder and strive for better col- really to accomplish. I believe in changing the system, keep lege preparation from their high school The reserve is going to lower actu- it the way we have now, but for the fu- education and reward them with more ally the amount of borrowing the Fed- ture having similar private accounts, money for college. Motivating our eral Government has to do. whether it is like we have a Nevada young Americans to learn today will I think it is up to us to express the PERS or whatever it is, to where you create a skilled workforce tomorrow. self-discipline of not having unlimited have real assets that are returning a Another area we have expanded is tax cuts and also discipline with regard better rate of return that many other veteran’s medical research. The Budget to spending. It is not just on the spend- countries in the world are changing Committee unanimously agreed to my ing side that we have shown a lack of their Social Security systems into, if amendment to add $536 million in fund- discipline that has allowed us to get to we have that, that is a better way for ing over 5 years for veteran’s medical $5.5 trillion of publicly held debt. the long-term solvency for Social Secu- and prosthetic research. That is a 25 I yield the floor. rity, in this Senator’s opinion. But the percent increase in fiscal year 2005 The PRESIDING OFFICER. The Sen- current system would be threatened by funding over this year’s level. ator from Nevada. the amendment of the Senator from We owe it to the men and women of Mr. ENSIGN. If I may respond to the New Jersey because we are in the situ- the armed forces to expand these pro- Senator from New Jersey, first of all, ation of a fragile economy, and tax in- grams. And breakthroughs in medical we have a difference of philosophy. The creases could send us into a double-dip research funded by this program will ranking member on the Budget Com- recession. benefit all Americans, not just those in mittee and I had this discussion last Mr. BUNNING. Mr. President, I ex- uniform. night. There is a difference in philos- press my support for the budget resolu- But one of the most important provi- ophy. This Senator believes in cutting tion. sions this budget addresses is the tax tax rates, giving entrepreneurs more of We have seen tough economic times cuts we have fought so hard to enact their own money. For instance, when I take jobs from the average American. over the last few years. We have to was practicing as a veterinarian, I was We have seen new spending in the face stop the average American from get- a sole proprietor. If I wanted to expand of terrorism and war increase the def- ting a tax increase next year. That is my business, I looked at my costs, and icit. Today we respond with a budget why this budget will extend several I looked at rate of return. Part of that resolution that will set the correct provisions that are set to expire at the was taxes. Could I justify expanding tone for our country. end of this year, including the $1,000 my business. I looked at the cost of We now see that the President’s tax per child tax credit, the 10 percent in- borrowing. I looked at the cost of cuts we passed in 2001 and 2003 are come tax bracket expansion, and mar- taxes. I looked at all those variables. jumpstarting the American economy riage penalty relief. The higher you raise the cost of taxes, and providing us with some positive We passed these tax cuts to help the the less expansion of business you are movement in job creation. This budget American family. And just as America going to get, the fewer jobs you are will extend the tax reductions that is finally getting back on track and going to create. have fueled our economy and have creating new jobs, we can’t throw the While we have to have tax rates that helped the average American worker. weight of a tax increase on the shoul- allow what we believe in to be funded, Thanks to this budget resolution, we ders of working Americans. there is a balance there. I believe if we will reduce the deficit by $139 billion to This budget offers responsible spend- raise taxes, as you are suggesting, es- a total deficit of $338 billion in 2005. ing, protects the tax cuts that have pecially as fragile as this economy and Our reductions follow the President’s stimulated our economy, and cuts the this economic recovery is, it could send plan to cut the deficit as a percentage deficit. We have taken a hard look at us back into a double-dip recession as of our economy in half by 2006. We will our priorities and how we can help the

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.196 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2537 economy. But we’re getting stiff resist- cuts for the richest one percent of and that is the strategy our Nation ance from across the aisle. They have American taxpayers. ought to return to. President Clinton attacked these needed tax cut exten- There is another approach. It is an had it right when he called for an se- sions and sensible spending policies. approach that strengthens the fiscal cured a balanced Federal budget—that But they offer no constructive criti- integrity of the government, while ad- meant we were not borrowing from So- cism or alternative solutions. They dressing the pressing needs of the 40 cial Security, we were not creating just throw rocks and complain about million Americans without health in- huge new debts for future generations our budget proposal. When they ran the surance, ensuring the solvency of the to pay off, we were creating millions of Budget Committee, they couldn’t even Social Security trust fund, as well safe- new jobs, and we were not jeopardizing get a budget that could pass on the guarding the homeland. Medicare and Social Security. Govern- floor of the Senate. On Thursday, March 4, on a party ment is about priorities, and the Bush We also hear complaints about Social line vote, the Senate Budget Com- administration’s budget priorities are Security. Where is their plan to grap- mittee approved a budget that adheres wrong in too many instances. I will ple with the future of Social Security? too closely to the President’s budget continue to do all that I can to redirect Where were they when the Clinton plan and sets the wrong priorities for our Nation’s resources to an agenda budgets ‘‘spent’’ the Social Security securing the homeland, creating the that better meets America’s domestic Surplus? conditions for job growth, and tackling needs and our international moral obli- As our Budget Committee chairman the out-of-control Federal budget def- gations.∑ said this morning, this budget will icit. Under the budget plan the Senate The PRESIDING OFFICER. The Sen- treat Social Security exactly the same is considering, the Federal budget def- ator from Oklahoma. as past budgets. The trust fund bal- icit would actually increase $179 billion Mr. NICKLES. Madam President, we ances are available for future benefit above the Congressional Budget Office have had a good debate. I appreciate payments, just as they were described CBO baseline. To forestall a further our colleagues staying this late. We in the fiscal year 2000 Clinton budget, run-up on the government’s credit have been on this bill for a little over which said, ‘‘they do not consist of real card, the Senate should amend the Re- 13 hours today. I think we have made a economic assets that can be drawn publican budget plan by identifying a lot of progress. We are going to have to down in the future to fund benefits.’’ combination of spending reductions make a lot more progress tomorrow. We’ll keep our Social Security money and increases in revenues that will f achieve the goals of reducing deficits in treasury bills just as we always have MORNING BUSINESS and in fact, are required to do by law. and strengthening the economy. In 2001, President Bush pushed Mr. NICKLES. Madam President, I I am ready to tackle the problems through a sweeping tax cut on the ra- ask unanimous consent that the Sen- Social Security will face in the next tionale that the historic budget sur- ate now proceed to a period of morning several decades. I, unlike many who pluses built up during the Clinton ad- business with Senators permitted to just complain about the problem, have ministration justified reductions in speak up to 10 minutes each. spent a lot of time thinking about So- taxes. At that time, the Federal budget The PRESIDING OFFICER. Without cial Security, particularly during my was at a record budget surplus of $236 objection, it is so ordered. time as chairman of the Social Secu- billion and I, along with many of my rity subcommittee in the House. In the f colleagues in the Senate, agreed that 2004 WOMEN IN SCIENCE WEEK past, I have even drafted and intro- taxes should be reduced. Now that the duced an option for improving the sys- fiscal condition of the country has Mr. DASCHLE. Madam President, tem. Very few can say that. All can swung deep into the red, it is necessary the degree to which our Nation pros- complain, but few are willing to be con- and prudent to reevaluate permanently pers in the 21st century will depend on structive. extending tax breaks for the highest our abilities to develop scientific tal- I hope my colleagues can look past income levels. Such an approach, in ent in our youth, to provide lifelong the partisan bias and rhetoric coming combination with focused spending dis- learning to a well-educated workforce from some across the aisle. We drafted cipline, could reduce the deficit that able to embrace the rapid pace of tech- in the Budget Committee a serious pro- threatens the long-term fiscal health of nological change, and to raise the level posal that addresses spending levels our country. of public scientific and technological and our economy. Instead of pursuing this approach, literacy. I support this budget before us today President Bush is asking Congress to That is why I am proud to announce because it recognizes the realities of make permanent the tax cuts that a very exciting series of events taking our world, the necessity to limit spend- have put us in this situation. Since the place this week in my home State of ing, and the importance of creating United States is already in red ink, ob- South Dakota. jobs and keeping the average American viously the money for this new dis- We urgently need to upgrade Amer- on the road to economic recovery. I tribution will require decreases in im- ican students’ knowledge and skills urge my colleagues to support the portant domestic spending and bor- across the educational spectrum, par- budget resolution before us. rowing from the Social Security trust ticularly in mathematics, science, and (At the request of Mr. DASCHLE, the fund. I believe this is a terrible idea technology. Results of an international following statement was ordered to be when other pressing budget priorities science and mathematics study con- printed in the RECORD.) are shortchanged and cut. ducted in 2000 indicate that ‘‘children ∑ Mr. JOHNSON. Mr. President, as the Our Nation’s veterans are currently in the United States were among the Senate considers the fiscal year 2005 on year-long waiting lists to get access leaders in the 4th grade assessment, Federal budget, I want to address what to VA health care, our rural hospitals but by high school graduation they I believe are the deeply misplaced pri- and nursing homes are on the verge of were almost last.’’ Part of the problem orities of the Republican budget plan closing because of inadequate Medi- is that many girls and young women in and the dangerous fiscal course facing care/Medicaid reimbursement, our junior and senior high school lose in- the Nation. schools are struggling to stay open due terest in science and technological ca- In 3 short years, the Nation’s fiscal to reduced budgets, and the President reers. health has deteriorated to the point of says we don’t have the funds for South As we work to develop the finest sci- turning a record budget surplus of $236 Dakota’s water projects. Some may see entists and engineers for the 21st cen- billion in 2001 to a gapping projected the people affected by these cuts as tury, our human resources policy must budget deficit of $477 billion. Instead of ‘‘special interests.’’ I see them as move beyond simply the supply and de- working to steady the country’s fiscal South Dakotans who should not be mand of personnel and address the condition, the budget plan the U.S. short-changed to provide tax cuts that composition of the science and engi- Senate is considering will contribute overwhelmingly benefit the wealthiest neering workforce. Achieving diversity an additional $179 billion to the Fed- one percent of Americans. throughout the ranks of the scientific eral budget deficit over the next 5 I remember when being a conserv- and technical workforce presents a for- years by permanently extending tax ative meant living within one’s means, midable challenge; the number of

VerDate jul 14 2003 03:59 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.032 S10PT1 S2538 CONGRESSIONAL RECORD — SENATE March 10, 2004 women and minorities in science and Local Law Enforcement Enhancement struggle by the Tibetan people, is a engineering, relative even to profes- Act is a symbol that can become sub- plight that has become known to many sions such as medicine and law, re- stance. By passing this legislation and around the world. mains low. changing current law, we can change After Chinese invasion in 1949 and de- We need to draw upon the full talent hearts and minds as well. spite the 1951 Seventeen Point Agree- pool. Quality of education and equality f ment forced upon the Tibetans by the of educational opportunity are central Chinese Government, it was clear by to our political future as well as to pro- MILITARY SURVIVOR BENEFITS 1958 that they had no intention of se- ducing the workforce needed to main- IMPROVEMENT ACT curing the preservation of Tibetan au- tain American leadership in the cen- Mr. INOUYE. Madam President, I tonomy and institutions. By March 10, tury ahead. rise to encourage my colleagues to sup- 1959 so many Tibetans feared for the To address this challenge, the Na- port S. 1916, the Military Survivor Ben- Dalai Lama’s life that they surrounded tional Weather Service Forecast Of- efits Improvement Act. The purpose of his compound as a means of protection fices in Aberdeen and Rapid City, with this legislation is to correct a long and began protesting Chinese occupa- the support of local and State agencies, standing inequity in survivor benefits tion. Only seven days later the Dalai schools, and businesses, are co-hosting paid to the widows and widowers of our Lama escaped to India fearing for the Women in Science conferences in Aber- military retirees and what is afforded lives of his vigilant people. After the deen, Watertown, Pierre, and Hot survivors of other Federal retirees. crowds refused orders to leave the com- Springs the week of March 8 through This legislation would balance cost and pound and unaware of the Dalai Lama’s 13, 2004. Governor Rounds has declared equity considerations by phasing in an escape, the People’s Liberation Army that week to be ‘‘Women in Science increased benefit for military surviving launched an attack killing thousands Week’’ in South Dakota. spouses, over a 10-year period, from 35 of innocent civilians. It is estimated These conferences provide a forum percent to 55 percent of retired pay that 87,000 Tibetans were killed, ar- for young women and girls to learn after age 62. rested or deported to labor camps dur- about the virtually limitless opportu- The military Survivor Benefits Plan ing the uprising. Many attempted es- nities available in math- and science- simply does not stack up with the Fed- caping the communist persecution to related careers and to create personal eral civilian Survivor Benefit Plan ei- India, but only a small percentage ac- connections with professional women ther in benefits to survivors or in in- tually survived the difficult conditions. scientists. These positive role models tended Government cost sharing to The United States has long supported encourage young women to develop or help reduce premium costs. When you the Tibetan right to self-determination continue to cultivate an interest in compare survivor benefits you find and has declared Tibet to be an occu- science and technological careers. A that the military Survivor Benefit pied territory. In 2000 this very body total of over 700 junior and senior high Plan provides for 55 percent of retired passed a resolution recognizing March school students and teachers will at- pay until the widow is 62, then drops 10 as Tibetan Uprising Day. In fact, the tend these conferences. payments to 35 percent of retired pay. United States has supported the Dalai The work of all these individuals and This dramatic drop can translate to as Lama’s commitment to a dialogue and organizations to inspire and mentor much as one third of the previous pay- has commended him for his 1989 Nobel young women, and offer role models is ment. Peace Prize recognizing his efforts to crucial. My special thanks and appre- Survivors of Federal civilian retirees work for self-determination through ciation go to everyone involved in this under the earlier Civilian Service Re- non-violent means. In the Dalai Lama’s partnership—teachers, workers, State, tirement System receive 55 percent of statement today he said, and I quote, local, and Federal Government, aca- retired pay—with no drop in benefits at My hope is that this year may see a signifi- demia, and businesses—who will make age 62. Under the newer Federal Em- cant breakthrough in our relations with the this a successful and an inspiring con- ployee Retirement System, survivors Chinese Government. As in 1954, so also ference. receive 50 percent of retired pay, again today, I am determined to leave no stone unturned for seeking a mutually beneficial f with no drop at age 62. When the mili- tary Survivor Benefit Plan was en- solution that will address both Chinese con- LOCAL LAW ENFORCEMENT ACT cerns as well as achieve for the Tibetan peo- acted, the Congress intended a 40-per- ple a life of freedom, peace and dignity. OF 2003 cent Government subsidy for cost of I, like the Dalai Lama, hope that this Mr. SMITH. Madam President, I rise military Survivor Benefit Plan pre- year will be a breakthrough year for today to speak about the need for hate miums. Over time, because of conserv- the Tibetan cause. On the eve of the crimes legislation. On May 1, 2003, Sen- ative actuarial cost assumptions, the 60th Session of the U.N. Commission on ator KENNEDY and I introduced the Government’s cost share has declined Human Rights, let us not forget or ne- Local Law Enforcement Enhancement to 19 percent. This means that military glect the plight of Tibetans who have Act, a bill that would add new cat- retirees are now paying 81 percent of struggled for too long. egories to current hate crimes law, program costs from their retired pay I ask unanimous consent that the sending a signal that violence of any versus the intended 60 percent. This full statement of the Dalai Lama be kind is unacceptable in our society. contrasts with a Government Service printed in the RECORD. In the fall of 1999 in Washington Retirement System and 33 percent for County, PA, Ira Swearingen, a 49-year- There being no objection, the mate- the current Federal Employee Retire- rial was ordered to be printed in the old medical consultant was abducted, ment System. RECORD, as follows: beaten and murdered. After being ab- In closing, I submit that these in- STATEMENT OF HIS HOLINESS THE DALAI LAMA ducted, Swearingen was stuffed inside equities are unfair to the deserving ON THE FORTY-FIFTH ANNIVERSARY OF TI- the trunk of his car while one of the survivors of military retirees and BETAN NATIONAL UPRISING DAY perpetrators allegedly said, ‘‘Did ya’ should be corrected by supporting this March 10, 2004 hear it? I broke his jaw.’’ Another per- important measure. Today we commemorate the 45th anniver- petrator heard gurgling of blood and f sary of the Tibetan People’s Uprising of 1959. heard the victim screaming. They TIBETAN UPRISING DAY I pay tribute to the many brave Tibetan men yelled ‘‘Shut up faggot!’’ Later, the and women who have sacrificed their lives victim was driven to an isolated area, Mr. BROWNBACK. Madam President, for the cause of Tibetan freedom. They will forced to strip and marched into the March 10 has been known around the always be remembered. woods as he pleaded for his life at world as ‘‘Tibetan Uprising Day.’’ This year marks 50 years since my visit to which point, one perpetrator testified, Today, as Tibetans remember those mainland China in 1954 to meet with the who died resisting Chinese occupation, then Chinese leaders, especially Mao Tse- he shot the victim between the eyes at tung. I remember very well that I embarked close range. we too should reflect on the struggles on the journey with deep concerns about the Government’s first duty is to defend that have faced Tibet since that fateful future of Tibet. I was assured by all the lead- its citizens, to defend them against the day 45 years ago. The events of that ers I met that the Chinese presence in Tibet harms that come out of hate. The day, followed by over four decades of was to work for the welfare of the Tibetans

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.190 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2539 and ‘‘to help develop’’ Tibet. While in China ing their own identify and culture. The vio- sponsible, constructive and forward-looking I also learned about internationalism and so- lations are a result of policies of racial and power. cialism which deeply impressed me. So I re- cultural discrimination and religious intol- The Tibetan issue represents both a chal- turned to Tibet with optimism and con- erance. lenge and an opportunity for a maturing fidence that a peaceful and mutually bene- Against this background we are encour- China to act as en emerging global player ficial coexistence could be worked out. Un- aged and grateful that many individuals, with vision and values of openness, freedom, fortunately, soon after my return China was governments and parliaments around the justice and truth. A constructive and flexible embroiled in political unrest unleashed by world have been urging the People’s Republic approach to the issue of Tibet will go a long radical political campaigns. These develop- of China to resolve the question of Tibet way in creating a political climate of trust, ments impacted the Chinese policy on Tibet through peaceful negotiations. Led by the confidence and openness, both domestically resulting in more repression and rigidity European Union and the United States there and internationally. A peaceful resolution of leading finally to the Tibetan People’s Upris- is growing realization in the international the Tibetan issue will have wide-ranging ing in March 1959. community that the issue of Tibet is not one positive impacts on China’s transition and My hope is that this year may see a signifi- of human rights violations alone but of a transformation into a modern, open and free cant breakthrough in our relations with the deeper political nature which needs to be re- society. There is now a window of oppor- Chinese Government. As in 1954, so also solved through negotiations. tunity for the Chinese leadership to act with today, I am determined to leave no stone I am also encouraged by the recent im- courage and farsightedness in resolving the unturned for seeking a mutually beneficial provements in the relationship between Tibetan issue once and for all. solution that will address both Chinese con- India and China. It has always been my be- I would like to take this opportunity to ex- cerns as well as achieve for the Tibetan peo- lief that better understanding and relations press my appreciation and gratitude for this ple a life in freedom, peace and dignity. De- between India and China, the two most popu- consistent support that we have been receiv- spite the decades of separation the Tibetan lous nations of the world is of vital impor- ing throughout the world. I would also like people continue to place tremendous trust tance for peace and stability in Asia in par- to express once again on behalf of the Tibet- and hope in me. I feel a great sense of re- ticular and in the world in general. I believe ans our appreciation and immense gratitude sponsibility to act as their free spokesman. that improved relations between India and to the people and the Government of India In this regard, the fact that President Hu China will create a more conducive political for their unwavering and unmatched gen- Jintao has personal knowledge about the sit- environment for a peaceful resolution of the erosity and support. uation and problems in Tibet can be a posi- Tibetan issue. I also strongly believe India With my prayers for the well-being of all tive factor in resolving the Tibetan issue. I can and should play a constructive and influ- sentient beings. am therefore willing to meet with today’s ential role in resolving the Tibetan problem f leaders of the People’s Republic of China in peacefully. My ‘‘Middle-Way-Approach’’ TIBETAN DAY OF the effort to secure a mutually acceptable should be an acceptable policy on Tibet for solution to the Tibetan issue. India as it addresses the Tibetan issue within COMMEMORATION My envoys have established direct contact the framework of the People’s Republic of Mrs. FEINSTEIN. Madam President, with the Chinese government on two trips to China. A solution to the Tibetan issue I rise today to commemorate the 45th China in September 2002 and in May/June through this approach would help India to anniversary of the Tibetan Uprising of 2003. This is a positive and welcome develop- resolve many of her disputes with China, too. 1959. I sincerely hope that Chinese and ment, which was initiated during the Presi- It is 54 years since the establishment of the dency of Jiang Zemin. The issue of Tibet is People’s Republic of China. During Mao Tibetan leaders will take this oppor- complex and of crucial importance to Ti- Zedong’s period much emphasis was put on tunity to work together in a spirit of betan as well as Chinese peoples. Con- ideology, while Deng Ziaoping concentrated cooperation and dialogue to overcome sequently, it requires careful consideration primarily on economic development. His suc- differences that have plagued relations and serious deliberations on both sides be- cessor Jiang Zemin broadened the base of the between China and Tibet for too long. fore taking any decisions. It will take time, Communist Party by enabling wealthy peo- After the Chinese invasion of Tibet in patience and determination to lead this ple to become part of the Communist Party 1949–1950, China and the Tibet Govern- process to a successful conclusion. However, under his theory of ‘‘The Three Represents’’. ment signed the ‘‘Seventeen Points I consider it of highest importance to main- In recent times Hu Jintao and his colleagues Agreement’’ to make Tibet an autono- tain the momentum and to intensify and were able to achieve a smooth transition of mous region in the People’s Republic of deepen this process through regular face-to- leadership. During the past decades China face meetings and substantive discussions. has been able to make much progress. China and grant the Tibetan people the This is the only way to dispel existing dis- But there have also been shortcomings and right of autonomy in determining the trust and misconception and to build trust failures in various fields, including in the shape of their religious, cultural, and and confidence. economy. One of the main causes of the social institutions. Consequently, I have instructed my envoys shortcomings and failures seems to be the in- Nevertheless, in the ensuing years to visit China at the earliest date to con- ability to deal with and act according to the the Chinese Government did not fulfill tinue the process. I hope that they will be true and real situation. In order to know the its commitments, leading to the 1959 able to make this trip without delay. This real and true situation it is essential that Lhasa Uprising and the flight of the will help in building trust and confidence in there be free information. the present process among Tibetans as well China is undergoing a process of deep Dalai Lama. Forty-five years later, as among our friends and supporters around change. In order to effect this change tens of thousands of Tibetan refugees the world—many of whom remain strongly smoothly and without chaos and violence I have been forced to flee their homeland skeptical about the willingness of Beijing to believe it is essential that there be more in the face of repeated oppression and engage in a genuine process of rapproche- openness and greater freedom of information human rights abuses and those that re- ment and dialogue. and proper awareness among the general main are still unable to practice their The current situation in Tibet benefits nei- public. We should seek truth from facts— religion freely and preserve their cul- ther the Tibetans nor the government of the facts that are not falsified. Without this People’s Republic of China. The development China cannot hope to achieve genuine sta- tural autonomy. projects that the Chinese Government has bility. How can there be stability if things Despite this tragedy, the Dalai Lama launched in Tibet—purportedly to benefit must be hidden and people are not able to has consistently stated that his goal is the Tibetan people—are, however, having speak out their true feelings? not independence for Tibet but rather negative effects on the Tibetan people’s dis- I am hopeful that China will become more cultural and religious autonomy for tinct cultural, religious and linguistic iden- open and eventually more democratic. I have the Tibetan people and negotiations tity. More Chinese settlers are coming to for many years advocated that the change within the framework enunciated by Tibet resulting in the economic and transformation of China should take Deng Xiaoping in 1979. marginalization of the Tibetan people and place smoothly and without major upheav- Last year, in his speech to com- the sinicization of their culture. Tibetans als. This is in the interest of not only the need to see an improvement in the quality of Chinese people but also the world commu- memorate the Lhasa Rebellion, the their life, the restoration of Tibet’s pristine nity. Dalai Lama said: environment and the freedom to decide an China’s emergence as a regional and global As far back as the early seventies in con- appropriate model of development. power is also accompanied by concerns, sus- sultation with senior Tibetan officials I I welcome the release of Ani Phuntsok picion and fears about her power. Hosting made a decision to seek a solution to the Ti- Nyidrol, even as we recognize the injustice of the Olympic Games and World Exposition betan problem through a ‘‘Middle Way Ap- her sentence and continue to urge for the re- will not help to dispel these concerns. Unless proach.’’ This framework does not call for lease of all political prisoners in Tibet. The Beijing addresses the lack of basic civil and independence and separation of Tibet. At the human rights situation in Tibet has not seen political rights and freedoms of its citizens, same time, it provides genuine autonomy for any marked improvement. Human rights vio- especially with regard to minorities, China the six million men and women who consider lations in Tibet have a distinct character of will continue to face difficulties in reas- themselves Tibetans, to preserve their dis- preventing Tibetans as a people from assert- suring the world that she is a peaceful, re- tinctive identity, to promote their religious

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.034 S10PT1 S2540 CONGRESSIONAL RECORD — SENATE March 10, 2004 and cultural heritage that is based on a cen- Civil Rights and Property Rights’’ was billed servatives pushing us down the constitu- turies-old philosophy which is a benefit even as the occasion for a serious discussion on tional-amendment path. For those who see in the 21st century, and to protect the deli- the need for a constitutional amendment to the matter in terms of gay rights, this would cate environment of the Tibetan plateau. limit the interstate effects of Goodridge, the be a tragedy. But it would also be a tragedy This approach will contribute to the overall Massachusetts court decision recognizing a for those who genuinely favor local auton- stability and unity of the People’s Republic state constitutional right to same-sex mar- omy, or even those of us who genuinely favor of China. riage. Why else would the hearing’s orga- keeping the constitutional text uncluttered I have worked on behalf of Tibet and nizers invite me, a professor with no par- by unnecessary amendments. the Tibetan people for over 20 years ticular published opinion on gay rights but If today’s proponents of a marriage amend- dozens of technical publications on inter- ment are motivated by the fear of some full and I have done everything in my state jurisdiction? Prepared to do battle over power to bring China and Tibet to- faith and credit chain-reaction set off in the correct interpretation of the Constitu- other states by Massachusetts, they needn’t gether to settle their differences peace- tion’s Full Faith and Credit Clause, I found be. If they are motivated by the desire to as- fully at the negotiating table. I have myself instead in the middle of a debate sert political control over what happens in- personally carried messages from the about whether marriage is a good thing, and side Massachusetts, they shouldn’t be. In our Dalai Lama to China on these issues who really loves America’s kids the most— 200-year constitutional history, there has and there is no doubt in my mind that Republicans or Democrats. never yet been a federal constitutional Like many political debates, the discus- he is fully prepared to negotiate with amendment designed specifically to reverse a sion was framed in absolutist terms. Con- state’s interpretation of its own laws. China to achieve a just and lasting servatives say that without a constitutional peace for the Tibetan people. Goodridge, whether decided rightly or amendment, Goodridge goes national. Gays wrongly, was decided according to Massachu- It is disappointing that another year will travel to Massachusetts to get married setts’ highest court’s view of Massachusetts has gone by and more progress has not and then their home states will be forced law. People in other states have no legiti- been achieved in settling these issues. (under the Full Faith and Credit Clause) to mate interest in forcing Massachusetts to re- The road ahead of us is long but we recognize their marriages. Traditional mar- verse itself—Massachusetts will do that must persevere to ensure that the Ti- riage (apparently a frailer institution than itself, if and when it wants to—and those I’d realized) will be fatally undermined un- betan people will one day achieve the who want to try should certainly not cite the less we act now to prevent the Massachu- Full Faith and Credit clause in rationalizing freedom and autonomy to shape their setts Supreme Judicial Court from imposing their attempts. own society. It is my sincere hope that its will upon the whole nation. Either amend Unlike most other hotly contested social the Constitution to adopt a national, and China will cooperate with the Dalai issues, the current constitutional marriage traditional, definition of marriage (they say) Lama in resolving their differences on debate actually has a perfectly good tech- or there will soon be gay and lesbian married Tibet. nical solution. We should just keep doing couples living in your own neighborhood. Ei- what we’ve been doing for the last 200 years. f ther it’s their nationwide standard—anyone FULL FAITH AND CREDIT CLAUSE can marry—or it’s ours. f OF THE CONSTITUTION The fly in the ointment was that nobody bothered to check whether the Full Faith SBA EMERGENCY AUTHORIZATION Mr. KENNEDY. Madam President, I and Credit Clause had actually ever been EXTENSION ACT OF 2004 welcome this opportunity to call the read to require one state to recognize an- Mr. KERRY. Madam President, yes- attention of the Senate to an impres- other state’s marriages. It hasn’t. Long- terday I introduced a bill, S. 2186, to sive article in yesterday’s Wall Street standing precedent from around the country keep the SBA, its two largest lending Journal by Professor Lea Brilmayer of holds that a state need not recognize a mar- programs, the 504 and 7(a) Loan Guar- Yale Law School on the proposed riage entered into in another state with dif- antee Programs, and the Women’s amendment to the Constitution on ferent marriage laws if those laws are con- trary to strongly held local public policy. Business Centers up and running same-sex marriage. The ‘‘public policy doctrine,’’ almost as old through the remainder of this year, Supporters of the amendment claim as this country’s legal system, has been ap- that same-sex marriages in one State September 30, 2004. I ask unanimous plied to foreign marriages between first consent that a letter of support from must be recognized in all other States. cousins, persons too recently divorced, per- the trade association of 7(a) lenders, That claim is not true. As Professor sons of different races, and persons under the Brilmayer explains, ‘‘Longstanding age of consent. The granting of a marriage the National Association of Govern- precedent from around the country license has always been treated differently ment Guaranteed Lenders, be printed holds that a state need not recognize a than a court award, which is indeed entitled in the RECORD. Along with NAGGL, I marriage entered into in another state to full interstate recognition. Court judg- thank the American Bankers Associa- ments are entitled to full faith and credit tion, the Independent Community with different marriage laws if those but historically very little interstate rec- laws are contrary to strongly held pub- Bankers of America, U.S. Chamber of ognition has been given to licenses. Commerce, and the many other small lic policy.’’ States have broad discre- From a technical legal point of view, the tion in deciding to what extent they debate at last week’s hearing was entirely business associations, that have helped will defer to other states when dealing unnecessary. But inciting a divisive and di- us find solutions, demonstrating great with sensitive questions about mar- versionary debate over whether America’s cooperation in a difficult position, to riage and raising families. children will only thrive in traditional mar- help small businesses. There is no need to amend the Con- riages (on the one hand) or whether people There being no objection, the mate- who oppose gay marriage are bigots (on the stitution on this issue. States across rial was ordered to be printed in the other) was probably a central objective in Record, as follows: the country are clearly dealing with certain quarters. Social conservatives, in the issue and doing so effectively, ac- particular, have a vested interest in over- NATIONAL ASSOCIATION OF cording to the wishes of the citizens in stating the ‘‘domino effect’’ of Goodridge. GOVERNMENT GUARANTEED LENDERS, each of the 50 States. If it is not nec- This is particularly true in an election year. Stillwater, OK, March 10, 2004. Re SBA 7(a) Funding Crisis and S. 2186. essary to amend the Constitution, it is Only an ivory tower academic carrying a necessary not to amend it. text full of footnotes would notice anything Hon. JOHN F. KERRY, Professor Brilmayer testified on odd. Russell Senate Office Building, The assumption that there must be a sin- Washington, DC. these constitutional issues at our Judi- gle national definition of marriage—tradi- DEAR SENATOR KERRY: As Congress con- ciary Subcommittee hearing last week, tional or open-ended—is mistaken and per- siders how to solve the ongoing SBA 7(a) pro- and I ask unanimous consent that her nicious. It is mistaken because the existing gram funding crisis, we are writing to ex- article in the Wall Street Journal be constitutional framework has long accom- press our support for S. 2186, which includes printed in the RECORD. modated differing marriage laws. This is an provisions that both Small Business Com- There being no objection, the mate- area where the slogan ‘‘stages rights’’ not mittees and the 7(a) industry have already rial was ordered to be printed in the only works relatively well, but also has tra- agreed are equitable. RECORD, as follows: ditionally been left to do its job. We are fa- While NAGGL is generally opposed to pro- miliar with the problems of integrating dif- grammatic fee increases, the 2004 budget for [From the Wall Street Journal, Mar. 9, 2004] ferent marriage laws because for the last 200 the 7(a) program has made his concession FULL FAITH AND CREDIT years the issue has been left, fairly success- necessary. NAGGL testified in 2003 that 2004 (By Lea Brilmayer) fully, to the states. The assumption is per- program demand would be nearly $12 billion, Last Wednesday’s hearing before the Sen- nicious because the winner-takes-all atti- but the Administration adamantly disagreed ate’s ‘‘Subcommittee on the Constitution, tude that it engenders now has social con- with our estimate, providing program level

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.192 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2541 of only $9.5 billion. The Administration has requests, EPA has to this point failed the late Dr. Eugene E. Veasey and Eliz- also failed to reprogram any additional to answer my questions and failed to abeth N. Burnett. He attended the money to the 7(a) program or offer a supple- provide me with the documents I have Peddie School in Hightstown, NJ. mental appropriations request. requested, with the exception of a lim- From there, he went on to Dartmouth As a result, the SBA’s flagship 7(a) loan College where he obtained his A.B. in program, the single largest provider of long- ited number of documents that EPA term start-up and expansion loans to Ameri- would have to provide to any requester 1954. He then attended the University can’s small businesses, has been crippled under FOIA. of Pennsylvania Law School where he since the beginning of this fiscal year, when There are legitimate questions about graduated in 1957 with his LL.B. At the the SBA temporarily shut it down due to a EPA’s decision to intervene 10 years University of Pennsylvania Law funding shortfall. When the Agency reopened after the City signed an enforceable School, he was a Member of the Board the program a week later, it implemented an order with the State of Oregon and of Editors of the University of Pennsyl- artificial loan cap of $750,000—a reduction of after the city and its ratepayers have vania Law Review from 1955 to 1957 and more than 50% of the program’s statutory spent more than $500 million to reduce was Senior Editor from 1956 to 1957. He loan limit of $2 million—and a prohibition on sewer overflows. But to date, I have was admitted to the Delaware Bar in piggyback loans, which would have allowed 1958. lenders to make loans in excess of a loan cap. been unable to get answers to my ques- Businesses who had already submitted ap- tions from EPA despite repeated re- Chief Justice Veasey has spent most plications for loans in excess of the new cap quests. of his life in public service. He served were then told their deals would not qualify Last August, I wrote to the Acting honorably in the Delaware Air Na- for the program. These applicants had gone EPA Administrator Marianne Horinko tional Guard from 1957 to 1968 whereby through months of financial planning and requesting answers to a number of he obtained the rank of captain. He has had been promised their loans would be ap- questions concerning EPA’s decision to also served, among a long list, as Chief proved. Many had already begun purchasing become involved with the City of Port- Deputy Attorney General of the State equipment and hiring employees. And if land’s combined sewer overflow pro- of Delaware, Chair of the Delaware their deals don’t get done, many will lose gram. I also requested copies of docu- Board of Bar Examiners, President of earnest money they had taken from personal the Conference of Chief Justices in savings and retirement plans to inject into ments about the Portland sewer situa- these loans. tion. I never received answers to my 2000, Chair of the ABA Special Com- Other potential applicants who would ordi- specific questions, and I have received mittee on the Evaluation of the Rules narily qualify for the 7(a) program have only a small number of the documents of Professional Conduct ‘‘Ethics 2000’’, since been told there is no alternative to fi- I requested. and President of the Delaware State nance their start-up or expansion. The net I also submitted written questions Bar Association. Furthermore, he result to these small businesses is a loss of following a hearing of the Senate Envi- served as a Director of Beneficial Cor- faith in the U.S. government. The net result ronment and Public Works Committee poration and National Bank for 13 to the economy is a loss of jobs. on September 15 to then EPA Assistant years from 1979 to 1992. The provisions of S. 2186 fix this problem, From 1957 to 1988, he was a member and the bill has NAGGL’s full support. As Administrator for Water, Tracy Mehan. the trade association representing lenders I never received a response from Mr. of the prestigious Delaware law firm of who make over 80% of loans in the 7(a) pro- Mehan, who has subsequently left the Richards, Layton & Finger, with prac- gram every year, we can attest to the fact agency, or anyone else from EPA. tice emphasis in corporate trans- that the minimal fee increases in S. 2186 are In October, I received a letter from actions, litigation and counseling. He ones that lenders will pay and will not be Acting EPA Administrator Marianne was a member of the firm from 1957 to passed along to borrowers. We also continue Horinko promising to ‘‘work[] with 1992, serving as a partner from 1963 to to oppose the SBA’s legislative proposal to your staff to identify which of the doc- 1992 and as president from 1985 to 1988. reduce the guarantee on all 7(a) loans to 50% Judge Veasey became Chief Justice and allow the legislation that provided for uments that are not enforcement sen- sitive or confidential would be most of the State of Delaware on April 7, lender and borrower fee decreases through 1992, having been nominated to that the end of this fiscal year to simply sunset. helpful to you.’’ Since then, I have re- Without the provisions of S. 2186, $3 billion ceived only a slim file of documents post by then Governor Michael N. Cas- in loans will remain unavailable to small that doesn’t begin to answer my ques- tle and unanimously confirmed by the businesses for the remainder of FY 2004—a tions. Delaware State Senate. Chief Justice net loss of approximately 90,000 jobs. We also Finally, I ask EPA Administrator Veasey is a Judicial Fellow of the fear that if a swift and equitable solution is Leavitt to look into this personally American College of Trial Lawyers and not enacted, many 7(a) lenders will flee the more than a month ago. is a member of both the Standing Com- program, leaving a void in availability of the Until I receive answers to my ques- mittee on Rules of Practice and Proce- long-term financing that is so crucial to tions and the documents I need to exer- dure of the United States Judicial Con- small businesses’ success. This will be occur- ference and the American Law Insti- ring at a time when our economy is in des- cise my oversight responsibilities over perate need of a shot in the arm. EPA as a member of the Senate Envi- tute. He is a Life Fellow of the Amer- We request that you press for swift passage ronment and Public Works Committee, ican Bar Foundation and a director of of S. 2186 to bolster economic recovery and I will continue to object to any unani- the Institute for Law and Economics at the small businesses that can drive it. Thank mous consent request for the Senate to the University of Pennsylvania. He has you in advance for your consideration. take up the nomination of Stephen been a frequent speaker on corporate Sincerely, Johnson to be Deputy Administrator of governance, ethics and professionalism TONY WILKINSON, the Environmental Protection Agency. at continuing legal education programs President & CEO, NAGGL. and has been published widely in the f f fields related to corporate governance. ADDITIONAL STATEMENTS NOMINATION OF STEPHEN JOHN- In June of 2002, Chief Justice Veasey SON TO BE DEPUTY ADMINIS- received the 2002 Paul C. Reardon Award, one of the highest awards given TRATOR OF THE ENVIRON- RECOGNITION OF E. NORMAN MENTAL PROTECTION AGENCY by the National Center for State VEASEY Courts, NCSC. The Reardon Award, Mr. WYDEN. Madam President, ∑ Mr. CARPER. Madam President, I named after the late Massachusetts Su- today, I announced my intention to ob- rise today in recognition of the Honor- preme Court Justice who was the first ject to any unanimous consent request able E. Norman Veasey upon his retire- president of The National Center’s for the Senate to take up the nomina- ment as Chief Justice of the Supreme Board of Directors, is presented to a tion of Stephen Johnson to be Deputy Court of Delaware. He has served as person who has made outstanding con- Administrator of the Environmental Chief Justice of the State of Delaware tributions to the improvement of the Protection Agency. I did this because I for 12 years. His leadership over that justice system and who has supported have been trying to obtain information span of time has won him the respect the mission of The National Center. concerning EPA’s decision to become and gratitude of our entire State. He Chief Justice Veasey has been a involved with the City of Portland’s has been, and remains, a trusted friend. member of the Conference of Chief Jus- combined sewer overflow program Chief Justice Veasey was born on tices since 1992, and headed the con- since last August. Despite numerous January 9, 1933 in Wilmington, DE to ference from 1999 to 2000, a singular

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.055 S10PT1 S2542 CONGRESSIONAL RECORD — SENATE March 10, 2004 honor for him and for Delaware. He has hoans down the road. He is truly a without that kind of backing, it would been intimately involved in issues of statesman who followed his own moral be impossible for him to work as tire- attorney ethics, having served as chair compass and set a course that he felt lessly as he has for the betterment of of the American Bar Association’s Spe- would best benefit Idahoans. He has our State. His contributions will be cial Committee on Evaluation of Rules been dedicated to giving his all as he greatly missed, and I send my best of Professional Conduct, Ethics 2000. A has carefully listened to the needs of wishes as he moves into the next phase frequent speaker on corporate govern- Idahoans. His leadership and institu- of his life. ance, ethics, and professionalism at tional knowledge will be greatly All three of these senators have continuing legal education programs, missed as he retires after 24 years of carved their own mark on our State. Chief Justice Veasey has been pub- service. They have done it in an admirable and lished widely in the fields related to I am certain that his wife Kathleen memorable fashion, and I know that corporate governance. From 1994 to and his children, John and Susan, will their efforts have not gone unnoticed 1995, he was Chair of the Section of be pleased to have him back home, but and will likely be felt for years to Business Law of the ABA. Justice I fully expect that he will stay involved come.∑ Veasey is also a Judicial Fellow of the in his community. Idaho is a better f American College of Trial Lawyers. place to live because of Laird Noh’s Justice Veasey has been married to fine service to the State and its people. THE 175TH ANNIVERSARY OF FAY- the former Suzanne Johnson for 47 I know they join with me in thanking ETTEVILLE FIRST BAPTIST years. Both he and Suzy are the proud him and wishing him well in his future CHURCH parents of four children, Andrew, Doug- endeavors. ∑ Mr. MILLER. Madam President, I las, E. Norman, Jr. and Marian Eliza- Sheila Sorensen is completing her rise today to honor the 175th anniver- beth, and even prouder grandparents to sixth term representing District 18 in sary of the Fayetteville First Baptist eleven grandchildren. Ada County. She has been a significant Church, which has faithfully served the Through Chief Justice Veasey’s tire- force in the Idaho State Senate, and is spiritual needs of its congregation less efforts, he has made a profound dif- completing her tenure as the chairman since its humble beginnings in 1828. ference in the lives of thousands of of the State Affairs Committee. She The church’s mark and influence on Delawareans. Upon his retirement, he has also served this session on Judici- the community is evident by the good will leave behind a legacy of commit- ary and Rules. works that her congregation has taken ment to public service for both his chil- Public servants like Sheila are hard part in over the last 175 years. Fayette- dren and grandchildren and for the gen- to come by. She has demonstrated a ville First Baptist’s commitment to erations that will follow. I thank him strong commitment to her community worship the Lord and serve the public for the friendship that we share and for and her ideals as she has represented has established it as a beacon of hope the privilege of working closely with District 18. Sheila is known for her po- to the surrounding community and has him when I served as Governor of Dela- litical courage. She has been willing to held it in high standing among the ware from 1993 to 2001. On behalf of all work across party lines and develop so- churches of the South Metro Baptist Delawareans, I congratulate him on a lutions that will make Idaho a better Association. truly remarkable and distinguished ca- place to live and work. Her medical Fayetteville First Baptist’s message reer. I wish him, Suzy and their family training has given her unique insight has found its way out of the present only the very best in all that lies ahead into many issues that have come before chapel, built in 1939, and in to the for each of them.∑ the Idaho State Senate. greater community through its mis- f Her contributions to Idaho will be sionaries and ministers, through the felt long after she retires from the sister churches that it has established, HONORING RETIRING SENATORS State senate. Sheila and her husband and through the spiritual and social IN THE IDAHO STATE LEGISLA- Dean are longtime friends and sup- opportunities that it has brought to so TURE porters of mine, and I will personally many. Our places of worship are vital ∑ Mr. CRAPO. Madam President, I rise miss having them in Idaho and look to the social fabric of our Nation, and today to honor some good friends who forward to their return to our State. I Fayetteville First Baptist is no excep- will retire later this month from the appreciate her service, and know that tion. It has taken on this responsibility Idaho State Senate after a long history many others in District 18 and across and remained steadfast in its mission of public service. the State join with me in wishing her for the last 175 years. I am proud of Laird Noh is completing his twelfth the best as she moves to the next chal- this wonderful church and ask that my term, representing District 24, Twin lenges in her life. colleagues join me in wishing its con- Falls County. Presently he serves as Cecil Ingram is also completing his gregation a happy 175th anniversary.∑ the chairman of the Senate Committee sixth term representing District 16 in f on Resources and Environment; he is Ada County. He is finishing up his serv- also a member of the Senate Com- ice in the State senate as chairman of TRIBUTE TO ELAINE RAUBACH mittee on Agriculture Affairs and the the Transportation Committee. His ∑ Mr. HARKIN. Madam President, I Senate Committee on Education. service on the Health and Welfare Com- would like to take a few minutes to Throughout his career, Senator Noh mittee and the Local Government and comment on the recent retirement of has provided reasoned stability, civil- Taxation Committee has also been ad- Elaine Raubach. Elaine served for ity and wisdom to a wide range of mirable. many years as the director of the issues confronting the State of Idaho He has provided leadership to our Budget and Analysis Group of the Cen- for all these years. State in so many areas, and has been ters for Medicare and Medicaid Serv- Since he began his tireless service to an example of a great public servant. ices. In that role, Elaine was respon- Idaho in 1980, he has set a high stand- Cecil is known for his independent sible for putting together the budget ard for public service. Since I was streak that has advanced the debate on and performance plan for CMS, as well elected to the Idaho State Senate in many public policy issues in Idaho, and as running the agency’s financial man- 1984, Laird has been a friend and men- we are better for that contribution. His agement system. tor to me. I have always appreciated efforts have extended beyond the Idaho Elaine previously played a lead role his thoughtful insights and measured State Senate to various community or- in the development and implementa- manner. In countless meetings with ganizations, including the Western tion of a major reorganization of the Laird, he has paid incredible attention Idaho Fair, the Salvation Army, the agency, then known as the Health Care to the information given and followed United Way, Junior Achievement, and Financing Administration. She also that up with salient questions and real the Mountain States Tumor Institute. served the agency in information re- action. He has had remarkable fore- Cecil’s wife, Lois Ann, and his three sources management. sight on a number of legislative issues, children, Cynthia, William, and Chris- Elaine began her Federal career in and been able to ascertain how an issue topher, have provided him with strong 1973 with the Social Security Adminis- or piece of legislation will affect Ida- support from home, and I know that tration and, soon thereafter, began

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.039 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2543 working with the Medicare program. other purposes; to the Committee on Govern- the Constitution for the right to life of each She remained with Medicare when the mental Affairs. born and preborn human person; to the Com- Health Care Financing Administration H.R. 2537. An act to develop and coordinate mittee on the Judiciary. was formed in 1977, and continued with a national emergency warning system; to the By Mr. THOMAS: Committee on Governmental Affairs. S. 2191. A bill to provide the venue for the work in Medicare, Medicaid and other H.R. 3538. An act to designate the facility judicial review of actions by certain Federal Federal health programs. of the United States Postal Service located agencies; to the Committee on the Judiciary. Elaine graduated from Rutgers Uni- at 201 South Chicago Avenue in Saint Anne, By Mr. HATCH (for himself, Mr. versity and received her Master of Arts Illinois, as the ‘‘Marine Capt. Ryan Beaupre LEAHY, Mr. KOHL, and Mr. FEINGOLD): Degree from the University of Virginia Saint Anne Post Office’’; to the Committee S. 2192. A bill to amend title 35, United and an Executive Master of Business on Governmental Affairs. States Code, to promote cooperative re- Administration from Loyola College. f search involving universities, the public sec- For the past several years, she pro- tor, and private enterprises; to the Com- MEASURES READ THE FIRST TIME mittee on the Judiciary. vided invaluable service as liaison to By Ms. SNOWE (for herself and Mr. the Appropriations Committee in the The following bill was read the first time: BOND): Senate and the House of Representa- S. 2193. A bill to improve small business tives. She has met each and every chal- H.R. 1997. An act to amend title 18, United loan programs, and for other purposes; to the lenge given her with the utmost ability States Code, and the Uniform Code of Mili- Committee on Small Business and Entrepre- tary Justice to protect unborn children from neurship. and professionalism. Elaine has been assault and murder, and for other purposes. an asset in every position in which she f f has served. SUBMISSION OF CONCURRENT AND REPORTS OF COMMITTEES On behalf of the members of the Ap- SENATE RESOLUTIONS propriations Committee, I would like The following reports of committees The following concurrent resolutions to take this opportunity to thank were submitted: Elaine for her dedicated service, of her and Senate resolutions were read, and By Mr. INHOFE, from the Committee on referred (or acted upon), as indicated: vision which so often guided us in for- Environment and Public Works, without mulating creative solutions to funding amendment: By Mr. HAGEL: issues, and in caring for the people we S. 1904. A bill to designate the United S. Res. 317. A resolution recognizing the serve. Best wishes for an enjoyable and States courthouse located at 400 North importance of increasing awareness of au- tism spectrum disorders, supporting pro- well-deserved retirement.∑ Miami Avenue in Miami, Florida, as the ‘‘Wilkie D. Ferguson, Jr. United States grams for increased research and improved f Courthouse’’. treatment of autism, and improving training and support for individuals with autism and MESSAGE FROM THE HOUSE S. 2022. A bill to designate the Federal building located at 250 West Cherry Street in those who care for individuals with autism; At 10:43 a.m., a message from the Carbondale, Illinois the ‘‘Senator Paul to the Committee on Health, Education, House of Representatives, delivered by Simon Federal Building’’. Labor, and Pensions. Ms. Niland, one of its reading clerks, S. 2043. A bill to designate a Federal build- f ing in Harrisburg, Pennsylvania, as the announced that the House has passed ADDITIONAL COSPONSORS the following bills, in which it requests ‘‘Ronald Reagan Federal Building’’. the concurrence of the Senate: f S. 50 H.R. 3536. An act to designate the facility EXECUTIVE REPORT OF At the request of Mr. DASCHLE, the of the United States Postal Service located COMMITTEE name of the Senator from Maryland at 210 Main Street in Malden, Illinois, as the (Ms. MIKULSKI) was added as a cospon- ‘‘Army Staff Sgt. Lincoln Hollinsaid Malden The following executive report of sor of S. 50, a bill to amend title 38, Post Office’’. committee was submitted: United States Code, to provide for a H.R. 3537. An act to designate the facility By Mr. DOMENICI for the Committee on guaranteed adequate level of funding of the United States Postal Service located Energy and Natural Resources. for veterans health care, and for other at 185 State Street in Manhattan, Illinois, as *Susan Johnson Grant, of Virginia, to be purposes. the ‘‘Army Pvt. Shawn Pahnke Manhattan Chief Financial Officer, Department of En- Post Office’’. ergy. S. 595 H.R. 3538. An act to designate the facility *Nomination was reported with rec- At the request of Mr. BREAUX, the of the United States Postal Service located ommendation that it be confirmed sub- name of the Senator from Massachu- at 101 South Chicago Avenue in Saint Anne, ject to the nominee’s commitment to setts (Mr. KENNEDY) was added as a co- Illinois, as the ‘‘Marine Capt. Ryan Beaupre sponsor of S. 595, a bill to amend the Saint Anne Post Office’’. respond to requests to appear and tes- tify before any duly constituted com- Internal Revenue Code of 1986 to repeal f mittee of the Senate. the required use of certain principal re- payments on mortgage subsidy bond ENROLLED BILLS SIGNED f financings to redeem bonds, to modify The message also announced that the INTRODUCTION OF BILLS AND the purchase price limitation under Speaker has signed the following en- JOINT RESOLUTIONS mortgage subsidy bond rules based on rolled bills: The following bills and joint resolu- median family income, and for other H.R. 506. An act to provide for the protec- tions were introduced, read the first purposes. tion of archaeological sites in the Galisteo and second times by unanimous con- S. 740 Basin in New Mexico, and for other purposes. H.R. 2059. An act to designate Fort Bayard sent, and referred as indicated: At the request of Mr. LIEBERMAN, the Historic District in the State of New Mexico By Mr. GRAHAM of Florida: name of the Senator from Connecticut as a National Historic Landmark, and for S. 2187. A bill to amend the Haitian Ref- (Mr. DODD) was added as a cosponsor of other purposes. ugee Immigration Fairness Act of 1998; to S. 740, a bill to amend title XVIII of the The enrolled bills were signed subse- the Committee on the Judiciary. Social Security Act to improve patient By Mr. FEINGOLD (for himself, Mr. quently by the President pro tempore access to, and utilization of, the MCCAIN, and Mr. DASCHLE): colorectal cancer screening benefit (Mr. STEVENS). S. 2188. A bill to provide for reform of the under the medicare program. f Corps of Engineers, and for other purposes; to the Committee on Environment and Pub- S. 846 MEASURES REFERRED lic Works. At the request of Mr. SMITH, the The following bills were read the first By Mr. BIDEN: names of the Senator from Idaho (Mr. S. 2189. A bill to establish grants to im- CRAIG) and the Senator from Louisiana and the second times by unanimous prove and study the National Domestic Vio- (Mr. BREAUX) were added as cosponsors consent, and referred as indicated: lence Hotline; to the Committee on the Judi- H.R. 2536. An act to make the protection of ciary. of S. 846, a bill to amend the Internal women and children who are affected by a By Mr. INHOFE: Revenue Code of 1986 to allow a deduc- complex humanitarian emergency a priority S. 2190. A bill to implement equal protec- tion for premiums on mortgage insur- of the United States Government, and for tion under the 14th article of amendment to ance, and for other purposes.

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.038 S10PT1 S2544 CONGRESSIONAL RECORD — SENATE March 10, 2004 S. 976 ALLEN) was added as a cosponsor of S. (Mr. BURNS) was added as a cosponsor At the request of Mr. WARNER, the 1780, a bill to amend the Controlled of S. 2086, a bill to amend the Surface name of the Senator from Delaware Substances Act to clarify the defini- Mining Control and Reclamation Act of (Mr. CARPER) was added as a cosponsor tion of anabolic steroids and to provide 1977 to improve the reclamation of of S. 976, a bill to provide for the for research and education activities abandoned mines. issuance of a coin to commemorate the relating to steroids and steroid precur- S. 2161 400th anniversary of the Jamestown sors. At the request of Mrs. BOXER, the settlement. S. 1793 name of the Senator from New Jersey S. 1093 At the request of Mr. KENNEDY, the (Mr. LAUTENBERG) was added as a co- At the request of Ms. SNOWE, the name of the Senator from Minnesota sponsor of S. 2161, a bill to amend title name of the Senator from Washington (Mr. DAYTON) was added as a cosponsor 5, United States Code, to establish a (Ms. CANTWELL) was added as a cospon- of S. 1793, a bill to provide for college national health program administered sor of S. 1093, a bill to amend the Inter- quality, affordability, and diversity, by the Office of Personnel Management nal Revenue Code of 1986 to extend the and for other purposes. to offer Federal employee health bene- transportation fringe benefit to bicycle S. 1805 fits plans to individuals who are not commuters. At the request of Mr. SARBANES, his Federal employees, and for other pur- S. 1197 name was withdrawn as a cosponsor of poses. At the request of Mr. ENZI, the name S. 1805, a bill to prohibit civil liability S. 2175 of the Senator from Minnesota (Mr. actions from being brought or contin- At the request of Mr. DODD, the name DAYTON) was added as a cosponsor of S. ued against manufacturers, distribu- of the Senator from New Mexico (Mr. 1197, a bill to amend the Public Health tors, dealers, or importers of firearms BINGAMAN) was added as a cosponsor of Service Act to ensure the safety and or ammunition for damages resulting S. 2175, a bill to amend the Public accuracy of medical imaging examina- from the misuse of their products by Health Service Act to support the plan- tions and radiation therapy treat- others. ning, implementation, and evaluation ments. S. 1855 of organized activities involving state- S. 1217 At the request of Mr. ALLEN, the wide youth suicide early intervention and prevention strategies, and for At the request of Mr. ENZI, the name name of the Senator from Florida (Mr. other purposes. of the Senator from Iowa (Mr. GRASS- NELSON) was added as a cosponsor of S. S. 2186 LEY) was added as a cosponsor of S. 1855, a bill to authorize the Adminis- 1217, a bill to direct the Secretary of trator of the National Aeronautics and At the request of Mr. KERRY, the Health and Human Services to expand Space Administration to establish an names of the Senator from Arkansas and intensify programs with respect to awards program in honor of Charles (Mr. PRYOR), the Senator from Wash- research and related activities con- ‘‘Pete’’ Conrad, astronaut and space ington (Ms. CANTWELL), the Senator cerning elder falls. scientist, for recognizing the discov- from Washington (Mrs. MURRAY) and eries made by amateur astronomers of the Senator from Connecticut (Mr. S. 1380 asteroids with near-Earth orbit trajec- DODD) were added as cosponsors of S. At the request of Mr. SMITH, the tories. 2186, a bill to temporarily extend the name of the Senator from Kansas (Mr. S. 1900 programs under the Small Business Act ROBERTS) was added as a cosponsor of At the request of Mr. LUGAR, the and the Small Business Investment Act S. 1380, a bill to distribute universal name of the Senator from Ohio (Mr. of 1958, through May 15, 2004, and for service support equitably throughout DEWINE) was added as a cosponsor of S. other purposes. rural America, and for other purposes. 1900, a bill to amend the African S. CON. RES. 81 S. 1630 Growth and Opportunity Act to expand At the request of Mrs. FEINSTEIN, the At the request of Mrs. CLINTON, the certain trade benefits to eligible sub- name of the Senator from Delaware name of the Senator from Florida (Mr. Saharan African countries, and for (Mr. CARPER) was added as a cosponsor NELSON) was added as a cosponsor of S. other purposes. of S. Con. Res. 81, a concurrent resolu- 1630, a bill to facilitate nationwide S. 1902 tion expressing the deep concern of availability of 2–1–1 telephone service At the request of Mr. REED, the name Congress regarding the failure of the for information and referral services, of the Senator from Connecticut (Mr. Islamic Republic of Iran to adhere to and for other purposes. DODD) was added as a cosponsor of S. its obligations under a safeguards S. 1645 1902, a bill to establish a National Com- agreement with the International At the request of Mr. CRAIG, the mission on Digestive Diseases. Atomic Energy Agency and the engage- name of the Senator from Maryland S. 1916 ment by Iran in activities that appear (Mr. SARBANES) was added as a cospon- At the request of Ms. LANDRIEU, the to be designed to develop nuclear weap- sor of S. 1645, a bill to provide for the name of the Senator from Vermont ons. adjustment of status of certain foreign (Mr. LEAHY) was added as a cosponsor S. CON. RES. 97 agricultural workers, to amend the Im- of S. 1916, a bill to amend title 10, At the request of Mr. SARBANES, the migration and Nationality Act to re- United States Code, to increase the name of the Senator from Indiana (Mr. form the H–2A worker program under minimum Survivor Benefit Plan basic LUGAR) was added as a cosponsor of S. that Act, to provide a stable, legal ag- annuity for surviving spouses age 62 Con. Res. 97, a concurrent resolution ricultural workforce, to extend basic and older, to provide for a one-year recognizing the 91st annual meeting of legal protections and better working open season under that plan, and for The Garden Club of America. conditions to more workers, and for other purposes. S. RES. 168 other purposes. S. 1999 At the request of Mr. CAMPBELL, the S. 1703 At the request of Mr. DASCHLE, the name of the Senator from Iowa (Mr. At the request of Mr. SMITH, the name of the Senator from Nevada (Mr. GRASSLEY) was added as a cosponsor of name of the Senator from New York REID) was added as a cosponsor of S. S. Res. 168, a resolution designating (Mr. SCHUMER) was added as a cospon- 1999, a bill to amend part D of title May 2004 as ‘‘National Motorcycle sor of S. 1703, a bill to amend the Inter- XVIII of the Social Security Act, as Safety and Awareness Month’’. nal Revenue Code of 1986 to provide a added by the Medicare Prescription S. RES. 269 credit against income tax for expendi- Drug, Improvement, and Modernization At the request of Mr. LEVIN, the tures for the maintenance of railroad Act of 2003, to provide for negotiation name of the Senator from Massachu- tracks of Class II and Class III rail- of fair prices for medicare prescription setts (Mr. KERRY) was added as a co- roads. drugs. sponsor of S. Res. 269, a resolution urg- S. 1780 S. 2086 ing the Government of Canada to end At the request of Mr. BIDEN, the At the request of Mr. THOMAS, the the commercial seal hunt that opened name of the Senator from Virginia (Mr. name of the Senator from Montana on November 15, 2003.

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.044 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2545 S. RES. 299 AMENDMENT NO. 2699 rowers that testified before Congress At the request of Mr. CAMPBELL, the At the request of Mr. KENNEDY, the over the past few weeks and the sup- name of the Senator from Utah (Mr. name of the Senator from Rhode Island port of a coalition of small business HATCH) was added as a cosponsor of S. (Mr. REED) was added as a cosponsor of trade associations, including the trade Res. 299, a resolution recognizing, and amendment No. 2699 intended to be pro- associations of 504 lenders and of 7(a) supporting efforts to enhance the pub- posed to S. Con. Res. 95, an original lenders, the American Bankers Asso- lic awareness of, the social problem of concurrent resolution setting forth the ciation and the Independent Commu- child abuse and neglect. congressional budget for the United nity Bankers Association, as well as S. RES. 307 States Government for fiscal year 2005 the National Small Business Alliance and the U.S. Chamber of Commerce, At the request of Mrs. DOLE, her and including the appropriate budg- name was added as a cosponsor of S. etary levels for fiscal years 2006 and the women’s business center provi- Res. 307, a resolution honoring the through 2009. sions have the support of women’s county of Cumberland, North Carolina, AMENDMENT NO. 2708 trade associations such as Women Im- pacting Public Policy and the Associa- its municipalities and community At the request of Mr. LUGAR, the tion of Women’s Business Centers. partners as they celebrate the 250th names of the Senator from California This bill authorizes the SBA and year of the existence of Cumberland (Mrs. FEINSTEIN), the Senator from Ne- most of its programs through the May braska (Mr. HAGEL), the Senator from County. 15, 2004, which will allow time for the Ohio (Mr. DEWINE), the Senator from S. RES. 309 House to complete its work on the Washington (Mrs. MURRAY), the Sen- At the request of Mr. CRAIG, the SBA’s 3-year reauthorization bill, ator from Rhode Island (Mr. CHAFEE), name of the Senator from Alaska (Ms. passed by the Senate in September the Senator from Vermont (Mr. JEF- MURKOWSKI) was added as a cosponsor 2003. In addition, this bill addresses FORDS), the Senator from New Jersey of S. Res. 309, a resolution designating several urgent issues that are critical (Mr. LAUTENBERG), the Senator from Il- the week beginning March 14, 2004 as to keep SBA programs operating and linois (Mr. DURBIN), the Senator from ‘‘National Safe Place Week’’. helping small businesses across the Washington (Ms. CANTWELL), the Sen- S. RES. 311 country. ator from Oregon (Mr. SMITH) and the Let me outline these for you. The At the request of Mr. BROWNBACK, the Senator from Pennsylvania (Mr. names of the Senator from Pennsyl- first provision authorizes the contin- SANTORUM) were added as cosponsors of vania (Mr. SPECTER) and the Senator ued operation of the SBA’s 504 loan amendment No. 2708 intended to be pro- guarantee program for the rest of fiscal from Oklahoma (Mr. INHOFE) were posed to S. Con. Res. 95, an original added as cosponsors of S. Res. 311, a year 2004. Unless we act, the authority concurrent resolution setting forth the to operate this program will expire on resolution calling on the Government congressional budget for the United of the Socialist Republic of Vietnam to March 15, next Monday, and small busi- States Government for fiscal year 2005 nesses in need of financing for fixed as- immediately and unconditionally re- and including the appropriate budg- lease Father Thadeus Nguyen Van Ly, sets will be turned away. These loans etary levels for fiscal years 2006 are for growing small businesses that and for other purposes. through 2009. AMENDMENT NO. 2671 need loans with long repayment terms AMENDMENT NO. 2710 and fixed interest rates to afford a new At the request of Mr. SMITH, the At the request of Mr. DAYTON, his name of the Senator from Kentucky building or perhaps land to expand name was added as a cosponsor of their business and their workforce, or (Mr. BUNNING) was added as a cosponsor amendment No. 2710 proposed to S. of amendment No. 2671 intended to be equipment to improve or increase pro- Con. Res. 95, an original concurrent duction. The lenders who make these proposed to S. 1637, a bill to amend the resolution setting forth the congres- Internal Revenue Code of 1986 to com- loans serve a unique role in our econ- sional budget for the United States omy—they develop economic opportu- ply with the World Trade Organization Government for fiscal year 2005 and in- rulings on the FSC/ETI benefit in a nities where conventional lenders are cluding the appropriate budgetary lev- not willing to take a risk. They are not manner that preserves jobs and produc- els for fiscal years 2006 through 2009. tion activities in the United States, to a shy group, and care deeply about the reform and simplify the international f communities where they live. I am sure taxation rules of the United States, STATEMENTS ON INTRODUCED most, if not all, Senators have received and for other purposes. BILLS AND JOINT RESOLU- numerous calls and communications TIONS—MARCH 9, 2004 from them over the past few weeks. It AMENDMENT NO. 2695 is my hope that extending authoriza- At the request of Mr. KENNEDY, the tion will provide some stability to the names of the Senator from New Jersey By Mr. DASCHLE (for Mr. industry so that they continue to fund (Mr. CORZINE), the Senator from Cali- KERRY): our growing businesses, and then in the fornia (Mrs. BOXER), the Senator from S. 2186. A bill to temporarily extend near future, the House will consider Connecticut (Mr. DODD) and the Sen- the programs under the Small Business our more comprehensive SBA reauthor- ator from South Dakota (Mr. JOHNSON) Act and the Small Business Investment ization legislation, bill number S. 1375, were added as cosponsors of amend- Act of 1958, through May 15, 2004, and that we passed in September, to enact ment No. 2695 intended to be proposed for other purposes; to the Committee other important 504 program improve- to S. Con. Res. 95, an original concur- on Small Business and Entrepreneur- ments that are supported by the small rent resolution setting forth the con- ship. business community. This loan pro- gressional budget for the United States (At the request of Mr. DASCHLE, the gram requires no appropriations be- Government for fiscal year 2005 and in- following statement was ordered to be cause it is funded entirely by fees that cluding the appropriate budgetary lev- printed in the RECORD.) borrowers and lenders pay. els for fiscal years 2006 through 2009. ∑ Mr. KERRY. Mr. President, today I The second provision keeps open the AMENDMENT NO. 2697 introduce legislation that keeps the doors of our most experienced and suc- At the request of Mr. DEWINE, the Small Business Administration and its cessful Women’s Business Centers, name of the Senator from New Jersey financing and counseling assistance again without added cost to the Treas- (Mr. LAUTENBERG) was added as a co- available to small businesses. Small ury. This bill contains a small adjust- sponsor of amendment No. 2697 in- businesses need us to act now to keep ment to the Women’s Business Center tended to be proposed to S. Con. Res. critical assistance available to our Na- program that updates the current fund- 95, an original concurrent resolution tion’s biggest job creators. ing formula. The adjustment changes setting forth the congressional budget There should not be any objections to the portion of funding allowed for for the United States Government for this bill. It has broad support in the women’s business centers in the sus- fiscal year 2005 and including the ap- small business and the lending commu- tainability part of the program to keep propriate budgetary levels for fiscal nities. The lending provisions of the up with the increasing number of cen- years 2006 through 2009. bill have the support of small bor- ters that will need funding this fiscal

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.045 S10PT1 S2546 CONGRESSIONAL RECORD — SENATE March 10, 2004 year. In short, this change directs the Melanie and Shannon were looking for available. That extra funding will in- SBA to reserve 48 percent of the appro- help, and quick. At first, the process crease from $9.5 billion to more than priated funds for the sustainability seemed overwhelming, but the experts $11 billion the amount of loan guaran- centers, instead of 30 percent, which at CWE were able to guide Melanie and tees available to small businesses. will give the most experienced centers Shannon through the complicated With more funding, Congress expects the greatest opportunity to receive process—from business plan to long- the SBA to lift the loan cap size of sustainability funding, while still al- term financing and management. CWE $750,000 and other restrictions, give pri- lowing for new centers and protecting helped Melanie and Shannon open A ority in processing and approval to eli- existing ones. Better Place to Be Day Spa and al- gible small businesses that have been Currently there are 88 women’s busi- ready see a steady stream of clients shut out this year, and require the SBA ness centers. Of these, 35 are in the ini- pass through their doors. Without to renew export working capital loans tial grant program and 53 will have CWE, Melanie and Shannon believe to eligible small businesses. graduated to the sustainability part of that they would not have opened their Of course, these changes would not be the program. These sustainability cen- business on time, or at all. Last year necessary if the administration had ei- ters make up more than half of the alone, women’s business centers like ther requested adequate funding in its total women’s business centers, but CWE helped over 100,000 entrepreneurs budget or used its authority to repro- under the current funding formula are just like Melanie and Shannon with gram money to compensate for the only allotted 30 percent of the funds. their small business needs. The major- shortfall. It also could have sent up a Without the change to 48 percent, all ity of these women have few resources request for supplemental funding. On grants to sustainability centers could and little access to business develop- three different occasions, I wrote to be cut in half—or worse, 23 experienced ment assistance, and without the wom- the administration urging these ac- centers could lose funding completely. en’s business centers, they might have tions, with the support of Senators Cutting funding for these, our most ef- none. LEVIN, HARKIN, LIEBERMAN, LANDRIEU, As I have said on more than one oc- ficient and successful centers, would EDWARDS, CANTWELL, BAYH, and PRYOR, casion, women business owners do not not only be detrimental to the centers urging any of these solutions, but the get the recognition they deserve for themselves, but also to the women administration refused to act. Instead, the contribution to our economy: they serve, to their local communities, the insufficient funding was com- Eighteen million Americans would be to their states, and to the national pounded by mismanagement and the without jobs today if it weren’t for economy. program was completely shutdown As the author of the Women’s Busi- these entrepreneurs who had the cour- from January 6 to January 14. When ness Centers Sustainability Act of 1999, age and the vision to strike out on the administration reopened the pro- I can tell you that when the bill was their own. For 19 years, as a member of gram, it was with extreme restrictions. signed into law, it was Congress’s in- the Senate Committee on Small Busi- The restrictions were aimed at keeping tent to protect the established and suc- ness and Entrepreneurship, I have the demand for the loans down without cessful infrastructure of worth, per- worked to increase the opportunities regard to their effect on the small busi- forming centers. The law was designed for these enterprising women, leading nesses the Agency is intended to serve. to allow all graduating Women’s Busi- to greater earning power, financial Small businesses appealed to the ad- ness Centers that meet certain per- independence and asset accumulation. ministration and our committees for formance standards to receive contin- For these women, in addition to the help because they were caught in the ued funding under sustainability challenge and experience of running middle. For example, one company in grants. This approach allows for new their own business, it means having a Pennsylvania has a $1 million export centers to be established—but not by bank account, buying a home, sending working capital loan that needs to be penalizing those that have already their children to college, and being in renewed, but it can’t because one of demonstrated their worth. It was our control of their own future. SBA’s restrictions does not allow loans intention to continue helping the most I want to again express my sincere of more than $750,000. At risk is the productive and well-equipped women’s and continuing support for the growing home of one of the owners because it is business centers, knowing that demand community of women entrepreneurs part of the collateral securing the ex- for such services was rapidly growing. across the Nation and for the invalu- isting loan. This company is qualified; Today, with women-owned businesses able programs through which the SBA it’s just trapped by the SBA’s restric- opening at one-and-a-half times the provides women business owners with tions. With your help in passing this rate of all privately held firms, the de- the tools they need to succeed. For bill immediately, we can do the right mand and need for women’s business years, I have fought for increased fund- thing for these small business owners centers is even greater. Until Congress ing for SBA assistance that helps and others who played by the rules. makes permanent the Women’s Busi- women entrepreneurs, including meas- There is no cost to the Treasury in en- ness Center Sustainability Pilot pro- ures that have sustained and expanded acting these provisions. gram, as intended in Senate-passed leg- the Women’s Business Centers, and islation, an extension of authority and give women entrepreneurs their de- Last, the fourth provision, addresses increase in sustainability funds is served representation within the Fed- an urgent need for some firms in New vital—not only to the centers them- eral procurement process. York needing disaster loan assistance. selves, but to the women’s business The third provision makes temporary Many have said we should wait until community and to the millions of changes to the SBA’s largest loan pro- we address other SBA legislation in the workers employed by women-owned gram, the so-called 7(a) program, in next 60 days. However, hundreds of jobs businesses around the country. order to compensate for the adminis- are at stake and these businesses do The importance of the women’s busi- tration’s budget gimmicks and pro- not have 2 months. This language is in- ness centers to small business owners gram mismanagement that caused a cluded at the bipartisan request of the in communities across this country substantial shortage in funding. This House Small Business Committee lead- cannot be overstated. Take for in- shortage led to a temporary shutdown ership. Their staffs worked closely with stance the story of Melanie Marsden of the program in January, followed by the SBA to develop this language, and Shannon Lawler, who recently lending restrictions that created seri- which is acceptable to all of them. In opened A Better Place to Be Day Spa ous financial hardships for small busi- addition to the support of House Com- in Charlestown, MA. While working on nesses and reduced access to affordable mittee Chairman DON MANZULLO and a business plan last summer, the two capital for small businesses in general. Ranking Member NYDIA VELA´ ZQUEZ, hopeful entrepreneurs happened across For the remainder of fiscal year 2004, a this provision is also supported by Con- the website of the Center for Women coalition of 7(a) lenders and small busi- gresswoman SUE KELLY and Senator and Enterprise (CWE), a women’s busi- ness groups have worked with Congress CHARLES SCHUMER. ness center in Boston. Having just to come up with some limited fees, All four provisions address cir- signed a lease and with a target open- paid by lenders and not borrowers, that cumstances that require immediate ac- ing for their spa quickly approaching, will increase the amount of lending tion. Let me remind everyone: Without

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.050 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2547 this legislation, the SBA’s loan pro- a part of the financials that we thought we S. 2186 gram for growing businesses, com- might never figure out, we knew Bea was Be it enacted by the Senate and House of Rep- monly referred to as the 504 Loan only a phone call away. I was most im- resentatives of the United States of America in Guarantee Program, would shut down pressed by her response time to each and Congress assembled, every question I had. Her patience, knowl- SECTION 1. SHORT TITLE. next Monday, March 15, 2004. Without edge and belief in our vision played a major this legislation, the future of coun- This Act may be cited as the ‘‘SBA Emer- role in us getting the financing we needed. gency Authorization Extension Act of 2004’’. seling and training for women starting CWE should be proud to have such a caring SEC. 2. SBA PROGRAM AUTHORIZATIONS. and knowledgeable woman on the team. and growing their businesses, through (a) IN GENERAL.—Section 1 of Public Law The closing on our loan with Sovereign fi- the most established SBA’s Women’s 108–172 (117 Stat. 2065) is amended— nally took place last week and we got a Business Centers, would be com- (1) in subsection (a), by striking ‘‘March $60,000 term loan and the $40,000 line of credit 15’’ each place that term appears and insert- promised. Without this legislation, we requested from Sovereign through an ing ‘‘May 15’’; and small businesses with their homes and SBA loan. Shannon and I cannot thank the life savings at stake may face financial Center for Women & Enterprise enough for (2) by adding at the end the following: ‘‘(c) EXCEPTION FOR OTHER PROGRAMS.— and personal devastation because of all of their help. We have no doubt that with- Notwithstanding subsection (a), title V of out CWE (and Bea) in our corner the finan- program mismanagement. Without this the Small Business Investment Act of 1958 cial institutions we approached would not legislation, small business disaster vic- (15 U.S.C. 661 et seq.) and section 29 of the tims may go out of business. have taken us as seriously. The way in which the center for Women & Small Business Act (15 U.S.C. 656), including Mr. President, I ask unanimous con- Enterprise reaches out to help women in any pilot program, shall remain authorized sent that the text of the bill and two business inspired us to do the same. In se- through September 30, 2004.’’. letters relating to programs affected by lecting suppliers and inventory for our gift (b) CONFORMING AMENDMENT.—Section this legislation be printed in the shop within the spa, we chose to carry prod- 503(f) of the Small Business Investment Act of 1958 (15 U.S.C. 697(f)) is amended by strik- RECORD. I thank my colleagues for ucts that were made by women or by women owned businesses with a preference given to ing ‘‘October 1, 2003’’ and inserting ‘‘October their support of small businesses and 1, 2004’’. for considering immediate passage of Massachusetts or New England based busi- nesses. SEC. 3. WOMEN’S BUSINESS CENTERS. this important small business bill. A Better Place to Be Day Spa, was received (a) IN GENERAL.—Section 29(k) of the Small There being no objection, the mate- well by the Charlestown community, we had Business Act (15 U.S.C. 656(k)) is amended— rial was ordered to be printed in the 400 people at our grand opening open house (1) in paragraph (2), by adding at the end RECORD, as follows: on November 1st and have a steady stream of the following: A BETTER PLACE TO BE DAY SPA, clients coming through our doors each day. ‘‘(C) FUNDING PRIORITY.—Subject to avail- Charlestown, MA. And in the short time we have been open we able funds, and reservation of funds, the Ad- DEAR SENATOR KERRY: This past summer I have seen many repeat clients already. Our ministration shall, for each fiscal year, allo- had the opportunity to work with the Center business got off to a great start because of cate— for Women & Enterprise when I was in the the Center for Women & Enterprise and as ‘‘(i) $150,000 for each women’s business cen- beginning stages of writing a business plan we continue to grow I will be sure to let our ter established under subsection (b), except for a small day spa that had long been a clients know that A Better Place to Be Day for any center that requests a lesser amount; dream. My business partner and childhood Spa is here because of the guidance we re- ‘‘(ii) from the remaining funds, not more friend and I were both born to working class ceived from the Center for Women & Enter- than $125,000, in equal amounts, to each families and raised in Charlestown. I was prise and the support of the Small Business women’s business center established under educated in the Boston Public School system Administration. subsection (l), to the extent such funds are and went on to attend Boston University on In closing I need you to know that what reserved under subsection (k)(4)(A), except one of their Boston Scholars full tuition the Center for Women & Enterprise and the for any center that requests a lesser amount; scholarships. While working full time after SBA do for women in business is truly in- and graduation, I decided to enroll at the Mus- credible. I particularly enjoy the frequent ‘‘(iii) any funds remaining after allocations cular Therapy Institute in Cambridge with newsletters outlining upcoming events as are made under clauses (i) and (ii) to new eli- the goal in mind of opening my own business well as educational opportunities and work- gible women’s business centers and eligible someday. My business partner held down a shops that I will be sure to take advantage of women’s business centers that did not re- full time job and attended The Elizabeth in the future. A Better Place to Be Day Spa ceive funding in the prior fiscal year under Grady School of Aesthetics in preparation will be represented at the upcoming State subsection (b).’’; and for our venture. While for many years we House Day and we will continue to look for (2) in paragraph (4)(A), by adding at the talked about our dream, we know that mak- ways that we can give back to other women end the following: ing that dream become the reality it is in business through CWE. ‘‘(v) For fiscal year 2004, 48 percent.’’. Thank you. today, would not have been possible without (b) SUNSET DATE.—The amendments made MELANIE MARSDEN, programs like the Center for Women & En- by this section are repealed on October 1, SHANNON LAWLER, terprise and the Small Business Administra- 2004. Owners. tion. SEC. 4. 7(a) LOAN GUARANTEE PROGRAM. For the last 2 years we had been keeping (a) COMBINATION LOANS.— our eyes and ears open about commercial NATIONAL ASSOCIATION OF (1) IN GENERAL.—Section 7(a) of the Small space in Charlestown, which is not easy to WOMEN BUSINESS OWNERS, Business Act (15 U.S.C. 636(a)) is amended by come by and generally not affordable. Our Kansas City, MO, March 9, 2004. adding at the end the following: goal was to open by May 2004 (when I will Hon. JOHN KERRY, ‘‘(31) COMBINATION LOANS.— turn 30 and my partner will be 31). We hadn’t Ranking Member, Committee on Small Business ‘‘(A) DEFINED TERM.—As used in this para- even begun the business plan writing when and Entrepreneurship. graph, the term ‘combination loan’ means a DEAR SENATOR KERRY: On behalf of the the ideal location became available in Au- financing comprised of a loan guaranteed Kansas City chapter of the National Assoc. gust. The 1,500 square foot commercial space under this subsection and a loan not guaran- of Women Business Owners (representing 200 is located at Mishuwam Park Apartments on teed by Federal, State, or local government. members), I would like to request the fol- Maine Street in Charlestown which is an ‘‘(B) AUTHORITY.— lowing actions be taken regarding the SBA apartment complex funded through the HUD ‘‘(i) IN GENERAL.—A small business concern 7(a) program. may combine a loan guaranteed under this Section 236 program and is managed by Pea- Absent the SBA asking congress for addi- subsection with a loan that is not guaran- body Properties. We had to move quickly on tional funding, NAWBO supports increasing teed by Federal, State, or local government. the space and before we knew it we had fees on lenders as an approach to adequately ‘‘(ii) LENDER.—The nonguaranteed loan signed a lease and incorporated in a matter fund the SBA 7(a) program and to lift re- under clause (i) may be made by— of days. Our target opening date then be- strictions. came November 1st which didn’t leave us Specifically, NAWBO would like the pro- ‘‘(I) the lender that provided the financing much time to pull things together but we gram to: under this subsection or a different lender; didn’t even know how overwhelming the Allow piggyback loans, but charge a 0.50 or whole process might have been if we had not percent lender fee for each; ‘‘(II) a lender in the Preferred Lenders Pro- found the Center for Women & Enterprise. Raise lender fees by 0.10 percent; and gram. After contacting CWE, I received a call For loans that are under $150,000, have ‘‘(iii) SECURITY.—The nonguaranteed loan back within minutes from Bea Chiem and lenders pay the SBA the 0.25 percent fee that under clause (i) may be secured by a senior she would prove to be an invaluable resource lenders currently keep for themselves. This lien and the guaranteed loan under this sub- to us during the following months. She took only applies to these small loans. section may be secured by a subordinated what was very complicated and over- Thank you. lien. whelming for us and made it so much easier ELAINE HAMILTON, ‘‘(iv) APPLICATION.—A loan guarantee to understand. Every time we would come to Public Policy Chair. under this subsection on behalf of a small

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business concern, which is approved within gram shutdown or restrictions imposed by (3) INABILITY TO OPERATE.—Without regard 120 days of the date on which a nonguaran- policy notices 5000–902, 0000–1707, or 0000–1709; to physical damage to a facility, the appli- teed loan is obtained by the same small busi- (C) give priority to processing any applica- cant was unable to operate at a facility be- ness concern, shall be subject to the provi- tion submitted before January 8, 2004, that cause of a prohibition on the use of the facil- sions of this paragraph. was not considered because of the program ity, in whole or in part, by an order or other ‘‘(C) FEE ON COMBINATION LOAN.—The lender shutdown or loan restrictions imposed by action of a Federal, State, or local govern- shall pay a one-time fee of 0.5 percent of the policy notices 5000–902, 0000–1707, or 0000–1709; ment (or any instrumentality of any of the amount of the nonguaranteed loan if the (D) give priority, to the extent possible, to foregoing) for 20 or more consecutive days, nonguaranteed portion of the loan has a sen- approving all eligible loans that were can- occurring as a result of the events associated ior credit position to the guaranteed portion celled or returned because of the program with Small Business Administration Dis- of the loan. This fee shall be in addition to shutdown or restrictions imposed by policy aster Declaration 3364. any other lender fees and shall not be notices 5000–902, 0000–1707, or 0000–1709, in the (b) STANDARD FOR APPROVAL.—The Admin- charged to the borrower. order in which the applications were origi- istrator shall approve (without regard to any ‘‘(D) LOAN SIZE.— nally submitted; and requirements applicable under section 7(b) of ‘‘(i) PREFERRED LENDERS PROGRAM.—If the (E) give priority to processing all eligible the Small Business Act (15 U.S.C. 636(b))), a loan guaranteed under this subsection is loans to any small business that has received loan with respect to any application resub- processed under delegated authority under financing under section 7(a)(14) of the Small mitted under subsection (a) if the applicant the Preferred Lenders Program, the max- Business Act (15 U.S.C. 636(a)(14) and re- has a debt coverage ratio, as attested to by imum amount of the nonguaranteed loan quests a renewal of such financing, regard- a qualified, independent, third-party auditor, may not exceed— less of temporary restrictions imposed by of not less than 1.15 for the applicant’s last ‘‘(I) $1,000,000; or the Small Business Administration through taxable year ending before the date of the ‘‘(II) a combination of $2,000,000 gross loan the policy notices referred to in this para- submission of the original application. For amount of a loan guaranteed by the Admin- graph, and approve such loans, if the small purposes of determining the debt coverage istration and an additional nonguaranteed business is otherwise eligible for such financ- ratio under this subsection, the Adminis- loan of $1,000,000. ing under that section. trator shall not take into account any Fed- ‘‘(ii) SMALL BUSINESS ADMINISTRATION.—If (2) PROOF OF APPLICATION.—An application eral or State tax lien or obligation other the loan guaranteed under this subsection is shall not be denied consideration or approval than a judgment lien. processed and approved by Administration because the Small Business Administration (c) MINIMUM LOAN AMOUNT.—The Adminis- staff, the amount of the nonguaranteed loan failed to retain a record of receiving an ap- trator shall not approve a loan under this may not exceed— plication if the lender or borrower supplies section for an amount that is less than 80 ‘‘(I) $2,000,000; or proof that the application was submitted by percent of the documented losses shown on ‘‘(II) a combination of $2,000,000 gross loan mail, fax, or electronic means before Janu- the application submitted under subsection amount of a loan guaranteed by the Admin- ary 8, 2004. (a). istration and an additional nonguaranteed (3) RESERVATION AND APPLICATION OF FEE (d) COORDINATION WITH OTHER LOAN LIM- loan of $2,000,000. PROCEEDS.—All proceeds from fees authorized ITS.—No loan made under this section shall ‘‘(E) USE OF PROCEEDS.—All proceeds from under section 7(a) of the Small Business Act be taken into account under section the fee collected under this subparagraph (15 U.S.C. 636(a)) shall be combined with any 7(b)(3)(E) of the Small Business Act (15 shall be used to offset the cost (as defined in amounts appropriated to carry out such sec- U.S.C. 636(b)(3)(E)). section 502 of the Credit Reform Act of 1990) tion and used— f to the Administration of guaranteeing loans (A) first, to process and fund loan guaran- under this subsection.’’. tees approved pursuant to paragraph (d)(1); STATEMENTS ON INTRODUCED (b) TERMINATION OF LENDER AUTHORITY TO and BILLS AND JOINT RESOLUTIONS RETAIN GUARANTEE FEES.—Section (B) second, to process and fund other loan 7(a)(18)(B) of the Small Business Act (15 By Mr. GRAHAM of Florida: guarantees under section 7(a) of the Small S. 2187. A bill to amend the Haitian U.S.C. 636(a)(18)(B)) is amended to read as Business Act. follows: (4) NOTIFICATION REQUIREMENT.—The Small Refugee Immigration Fairness Act of ‘‘(B) RETENTION OF CERTAIN FEES.— Business Administration shall not make any 1998; to the Committee on the Judici- ‘‘(i) IN GENERAL.—Except as provided under significant policy or administrative changes ary. clause (ii), lenders participating in the pro- affecting the operation of the loan program Mr. GRAHAM of Florida. Mr. Presi- grams established under this subsection may authorized under section 7(a) of the Small retain not more than 25 percent of a fee col- dent, seven years ago, I introduced the Business Act (15 U.S.C. 636(a)) unless, not lected under subparagraph (A)(i). Haitian Refugee Immigration Fairness later than 15 business days before such ‘‘(ii) FISCAL YEAR 2004.—Beginning on the Act of 1998 (HRIFA). I introduced change, the Administrator of the Small Busi- date of enactment of this clause and ending HRIFA after Congress enacted the Nic- ness Administration submits, under the Ad- on September 30, 2004, the Administration or ministrator’s signature, a report that spe- araguan Adjustment and Central its agent shall collect all fees under subpara- cifically describes the proposed changes and American Relief Act (NACARA). graph (A)(i). All proceeds from fees collected the duration of those changes to— NACARA enabled Nicaraguans and Cu- under this paragraph shall be used to offset (A) the chairman and ranking member of bans to become permanent residents the cost (as defined in section 502 of the the Committee on Small Business and Entre- Credit Reform Act of 1990) to the Small Busi- and permitted many unsuccessful Cen- preneurship of the Senate; and ness Administration of guaranteeing loans tral American and Eastern European (B) the chairman and ranking member of under this subsection.’’. asylum applicants to seek another the Committee on Small Business of the (c) TEMPORARY MODIFICATION OF ANNUAL form of immigration relief. At the House of Representatives. LENDER FEE.—Section 7(a)(23) of the Small time, Haitians were suffering brutal Business Act (15 U.S.C. 636(a)) is amended— (e) SUNSET DATE.—This section and the amendments made by this section are re- and widespread political persecution by (1) by striking ‘‘0.25 percent’’ and inserting a ruthless dictatorship. Yet lawmakers ‘‘0.35 percent’’; and pealed on October 1, 2004. (2) by adding at the end the following: ‘‘All SEC. 5. RESUBMISSION OF DISASTER LOAN AP- opted to exclude Haitian asylum seek- proceeds from the fee collected under this PLICATIONS FOR CERTAIN BUSI- ers from the NACARA legislation. paragraph shall be used to offset the cost (as NESSES. HRIFA became law with bipartisan defined in section 502 of the Credit Reform (a) RESUBMISSION OF APPLICATIONS.—Dur- support and reversed this grave in- Act of 1990) to the Administration of guaran- ing the 30-day period beginning on the date equity in U.S. immigration law. It al- teeing loans under this subsection.’’. of enactment of this Act, a small business lowed Haitians who had fled political (d) LIFTING LOAN RESTRICTIONS AND PRI- concern may resubmit an application for a turmoil in their country an oppor- ORITY PROCESSING OF REJECTED APPLICA- loan that was not approved under section TIONS.— 7(b)(2) of the Small Business Act (15 U.S.C. tunity to adjust their status like the (1) IN GENERAL.—The Small Business Ad- 636(b)(2)) if the following conditions are met: opportunity we granted to refuges from ministration shall— (1) ORIGINAL APPLICATION.—The small busi- other countries. The legislation has (A) eliminate the program restrictions im- ness concern originally submitted an appli- been beneficial and nearly 11,000 Hai- posed by policy notices 5000–902 and 0000–1709 cation before January 1, 2003, in response to tians have adjusted their status and be- to allow for the processing and approval of the events associated with Small Business come legal permanent residents of the loan applications cancelled or returned be- Administration Disaster Declaration 3364. United States. However HRIFA con- cause of the program shutdown or restric- (2) LOCATION.—On the date of the original tained several flaws that undermine tions imposed by policy notices 5000–902, submission of the application and on the 0000–1707, or 0000–1709; date of the resubmission, the applicant oper- the original intent of the legislation. (B) permit a small business or lender to re- ates a facility in Bronx, Kings, Nassau, New That is why today I am introducing the submit any loan application that was not York, Queens, Richmond, or Westchester HRIFA Improvement Act of 2004. I considered or approved because of the pro- county in the State of New York. would like to thank my friend Senator

VerDate jul 14 2003 04:08 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.051 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2549 MIKE DEWINE for taking the lead in co- dependents of approved applicants to altered documents to escape possible harm sponsoring this bill and for his contin- adjust to legal permanent residency. in Haiti because the U.S. Coast Guard was ued support and commitment to fair- However, the Bureau of Citizenship and interdicting refugees who came by sea and returning them. ness in our immigration policy. Immigration Services has taken much ‘‘All these people knew they were being First, this legislation corrects an longer than was expected to approve looked for,’’ said Steven Forester, a senior oversight that disqualified Haitian ref- the many applicants who had eligible policy advocate for the Haitian Women of ugees who entered the country with children and dependents when they ap- Miami, a nonprofit organization. ‘‘If you’re falsified papers. Some Haitian refugees, plied. As a result, many of those who being looked for by a regime that’s chopping like many who have fled repressive would have been eligible had their par- people’s faces off, you don’t get into a boat.’’ governments, used falsified documents ents or guardians been approved earlier Those who worked on the 1998 Haitian bill said the ‘‘airplane refugees’’ were not sup- to flee their country when it was im- have now ‘‘aged out’’ of eligibility or posed to be left out. Paul Virtue, who served possible for them to get travel docu- gotten married. as general counsel at the former INS in 1998– ments from their dictatorial govern- Currently, these ‘‘aged out’’ individ- 99, said he thought ‘‘it was an oversight that ment. uals face the immediate risk of depor- they were excluded.’’ If you look at other immigration leg- tation. Their ineligibility is a result ‘‘I don’t think anyone really thought about islation, it is clear that the exclusion solely of administrative delays and is the problem that people would face who of Haitian refugees who came here with neither their fault nor the intent of came by aircraft,’’ Virtue said. HRIFA. The Improvement Act address- The Department of Homeland Security, falsified documents is an oversight. which oversees immigration, declined com- NACARA allowed refugees from a long es this unforeseen injustice by permit- ment on Rene’s case. But Dan Kane, a de- list of countries, including Guatemala, ting these individuals to apply for ad- partment spokesman, stressed that every El Salvador, Romania, Hungary, Bul- justment of status or move to have case is judged on the individual merits of an garia, and a number of others, to ad- their cause reopened. applicant’s arguments. just their status to legal permanent Finally, the HRIFA Improvement Rene initially sought asylum when he first Act of 2004 also ensures fairness by ex- entered the United States in 1994 but was or- residence, even if they entered the dered deported by an immigration judge for country with fraudulent documents. tending the protection from deporta- tion to applicants under this Act. This using a forged passport. His appeal was pend- As result of this oversight, many ing when Congress passed the 1998 law to families and up to 5,000 American chil- is consistent with the protection ex- help Haitians. Rene sought a green card dren face the possible deportation of a tended to applicants under the 1998 under the new law but his claim was rejected spouse, father or mother who has HRIFA legislation. in July 2001. worked for a decade or more to build a All those who come to the United He appealed the decision and Tuesday his life and a family in the United States. States fleeing political persecution and case was sent back to be reheard by an immi- violence deserve to be treated fairly gration judge. But Aristide’s return to power There have been media reports, heart- has weakened his argument in the past and rending stories, of parents facing the and equally. This country is built on this principle of justice and we should his lawyer cautions that Rene could be de- choice between forever leaving their ported at any moment. American-born children in their safe give everyone, regardless of his or her ‘‘It’s very desperate. They could pick him communities and schools in the United national origin, an equal opportunity. up today,’’ said Clarel Cyriaque, a Miami States or taking them back to a strife- That is what this legislation intends to lawyer handling Rene’s case. Rene tried to get a green card through his torn Haiti where their parents risk po- do. There being no objection, the article wife, Sonie Octalus, who came here in 1996 litical violence and persecution. and is a legal permanent resident, but the I ask unanimous consent to include was ordered to be printed in the RECORD, as follows: family failed to demonstrate deporting him in the RECORD an Associated Press would result in an ‘‘extreme hardship.’’ story from December 29, 2003, called [From the Associated Press, Dec. 29, 2003] U.S. Rep. Kendrick Meek, a Miami Demo- ‘‘Flaw in Law threatens Deportation FLAW IN LAW THREATENS DEPORTATION FOR crat, introduced legislation in October to ex- HAITIAN REFUGEES for Haitian Refugees.’’ The piece tells pand the Haitian law to include those who the story of Rigaud Rene, a Haitian po- (By Ken Thomas) arrived by air and to prevent the government from deporting anyone with a pending appli- litical activist now living in Miami. Nearly a decade after leaving Haiti, Regaud Rene ends each day with a prayer. He cation. But Meek said it faces an uncertain Mr. Rene faces deportation because he gives thanks for his wife and young son and future. fled Haiti in 1994 using doctored docu- their life in America—and prays that their Meek said ‘‘the only real flicker of light’’ ments and is therefore not covered by time together will endure. would come if the Bush administration em- HRIFA. Since coming here, Mr. Rene Rene, a former political activist on the is- braces Homeland Security Secretary Tom has learned English, held down a job land, faces deportation following a lengthy Ridge’s recent suggestion of support for an and earned his GED degree. He also legal battle with immigration authorities. amnesty for illegal immigrants. He says deportation would devastate his Thousands of Haitians have applied for married and has a one and a half year family, forcing him to take his 11⁄2-year-old green cards under the 1998 Haitian Refugee old American-born son. American-born son to Haiti and leave behind Immigration Fairness Act. But the majority If Mr. Rene is deported, he will be his wife. He also will lose a job that helps of the cases have yet to be adjudicated. A forced to take his U.S. citizen son with him send about $300 a month to support fam- U.S. General Accounting Office report in Oc- him or leave him here without any ily members in Haiti. tober found that more than 11,000 of the means of support. It is a solomonic ‘‘Some people pray to Jesus for miracles,’’ 37,851 applications have been approved. choice that Mr. Rene should not have Rene said during a recent interview. ‘‘They Rene was an active Aristide supporter when the Haitian priest ran for president in to make, especially because his di- are not more special than me. So I hope that God can help me, too.’’ 1990. He led 300 Aristide supporters in his lemma is the result of a simple over- Rene, 41, is one of about 3,000 Haitian mi- hometown of Le Borgne and joined the pro- sight in the law. grants ensnarled in what activists call a flaw Aristide National Front for Change in De- The difference between the way we in a 1998 law to help provide permanent resi- mocracy. He passed out leaflets and photos treat Haitians and the way we treat dency—called green cards—to illegal aliens supporting Aristide. refugees from other nations is incon- from Haiti who lived in the United States be- A month after the coup, Rene said he was sistent and unfair. The elimination of fore 1996. visited at his home by five members of the this kind of inconsistency and unfair- The bill didn’t include waivers for Haitian military. The men, who were carrying re- migrants known as ‘‘airplane refugees’’ who volvers, threatened him and pushed him ness was the primary motivation for used forged documents to flee revengeful around, according to court documents. Rene the passage of HRIFA in 1998. Clearly, abuses and killings in the impoverished is- then went into hiding for two years, staying the exclusion of Haitians who entered land after President Jean-Bertrand Aristide, with a friend in the northern city of Cap-Hai- with falsified documents was an over- the country’s first freely elected leader, was tien. sight that must now be corrected. deposed in a 1991 coup by Gen. Raul Cedras. ‘‘I was scared to go back to Le Borgne. If The second purpose of the Improve- In Rene’s case, immigration officials have I go back to Le Borgne, anything could hap- ment Act is to respond to another leg- maintained that the altered documents pen,’’ he recalled. He fled Haiti for the Bahamas by boat in islative oversight that left Haitian make him ineligible to live here legally be- cause he committed fraud to enter the coun- early 1994 and then used forged documents to children and dependents unprotected try. fly to Miami International Airport in May from ‘‘aging out’’ of HRIFA eligibility. But local activists contend that pro- 1994, months before Aristide was returned to HRIFA allows children and unmarried Aristide Haitians arriving by air had to use power.

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.058 S10PT1 S2550 CONGRESSIONAL RECORD — SENATE March 10, 2004 Rene has built a new life in America, Reforming the Army Corps of Engi- the Corps project planning guidelines, learning English at a local Catholic church, neers will be a difficult task for Con- which have not been updated since 1983. working as a deli clerk at a Miami Beach gress. It involves restoring credibility It requires the Corps to use sound grocery store and taking night classes to and accountability to a Federal agency science in estimating the costs and earn a GED degree. Rene married Octalus in February 2001. rocked by scandals and constrained by evaluating the needs for water re- Their son, Rikinson, was born the following endlessly growing authorizations and a sources projects. The bill clarifies that year. The family lives in a small one-bed- gloomy federal fiscal picture, and yet the national economic development room apartment, where a small bed sits in a an agency that Wisconsin, and many and environmental protection are co- cramped living room cooled by a white box other states across the country, have equal goals of the Corps. Furthermore, fan. come to rely upon. From the Great the Corps must use current discount If Rene is deported, the couple will send Lakes to the mighty Mississippi, the rates when determining the costs and Rikinson with him because Octalus doesn’t Corps is involved in providing aid to drive, has no other relatives in the area and benefits of projects. Several Corps navigation, environmental remedi- projects are justified using a discount speaks limited English. But the decision has ation, water control and a variety of been wrenching. rate formula established in 1974, not ‘‘If they send him to Haiti, it’s like telling other services in my state alone. the current government-wide discount My office has strong working rela- me I might as well go to Haiti, too,’’ Octalus rate promulgated by the Office of Man- tionships with the Detroit, Rock Is- said, through a translator in her native Cre- agement and Budget. By using this land, and St. Paul District Offices that ole. outdated discount rate formula, the The couple also wonders how they’ll sup- service Wisconsin, and I want the fiscal Corps often overestimates project ben- port their families in Haiti if Rene is de- and management cloud over the Corps efits and underestimates project costs. ported. Rene sends about $300 a month to to dissipate so that the Corps can con- support two other children, two sisters and tinue to contribute to our environment This legislation also requires that a his mother. His wife sends $500 a month to and our economy. water resource project’s benefits must six sisters on the island, paying their rent, school tuition and clothing. This legislation evolved from my ex- be 1.5 times greater than the costs to The U.S. Agency for International Devel- perience in seeking to offer an amend- the taxpayer. According to a 2002 study opment estimates Haitians living in the U.S. ment to the Water Resources Develop- of the Corps backlog of projects, at send between $700 million to $800 million to ment Act of 2000 to create independent least 60 Corps projects, whose combined Haiti every year. Forester, of Haitian review of Army Corps of Engineers’ costs total $4.6 billion, do not meet this Women of Miami, worries about the impact projects. In response to my initiative, 1.5 to 1 benefit-cost ratio. Thus, this on families in Haiti who lose financial sup- the bill’s managers, which included the benefit-cost ratio will save the tax- port when relatives are deported. former Senator from New Hampshire, payer billions of dollars. The bill also ‘‘If they really want to send a message not Senator BOB SMITH, and the senior Sen- to flee, what they’re doing by deporting mandates Federal-local cost sharing of these people is causing the very migration ator from Montana, Mr. BAUCUS, adopt- inland waterways, flood control, and outflow that they say they’re trying to pre- ed an amendment as part of their man- future beach renourishment projects, vent,’’ Forester said. agers’ package to require a National and reduces the Federal cost burden of A man of faith, Rene says his hopes have Academy of Sciences study on the issue these projects. been reduced to prayer. Prayer, he quips, is of peer review of Corps projects. another part of the American experience. The bill I introduce today includes While the bill assumes a flat 50 per- ‘‘In God We Trust,’’ Rene said with a smile. many provisions that were included in cent cost-share for flood control ‘‘That’s what the Americans say.’’ two bills, one of which I authored and projects, my home state of Wisconsin has been on the forefront of responsible By Mr. FEINGOLD (for himself, the other I cosponsored, in the 107th Congress. It codifies the idea of inde- flood plain management and also hap- Mr. MCCAIN, and Mr. DASCHLE): pens to be home to the Association of S. 2188. A bill to provide for reform of pendent review of the Corps, which was investigated through the 2000 Water State Flood Plain Managers. As Con- the Corps of Engineers, and for other gress considers the issue of Corps re- purposes; to the Committee on Envi- Resources bill. It also provides a mech- anism to speed up completion of con- form and the Water Resources Develop- ronment and Public Works. ment Act, I hope my colleagues will Mr. FEINGOLD. Mr. President, I rise struction for good Corps projects with large public benefits by deauthorizing take a closer look at the issue of a slid- today to introduce the Corps of Engi- low priority and economically wasteful ing cost scale. We should explore the neers Modernization and Improvement projects. possibility of creating incentives for Act of 2004. I am pleased to be joined by I will note, however, that this is not communities with cutting-edge flood the senior Senator from Arizona, Mr. the first time that the Congress has re- plain management practices to reduce MCCAIN, who worked with me in the alized that the Corps needs to be re- their local share for projects. 107th Congress to reform the Corps. I formed because of its association with also thank the senior Senator from The bill requires independent review pork projects. In 1836, a House Ways of Corps projects. The National Acad- South Dakota, Mr. DASCHLE, who, as and Means Committee report discov- the Democratic Leader, has long sup- emy of Sciences, the General Account- ered that at least 25 Corps projects ing Office, and even the Inspector Gen- ported Corps reform, for cosponsoring were over budget. In its report, the this legislation today. eral of the Army agree that inde- Committee noted that Congress must pendent review is an essential step to As we debate the budget resolution ensure that the Corps institutes ‘‘ac- this week, we cannot ignore the record- assuring that each Corps project is eco- tual reform, in the further prosecution nomically justified. Independent re- breaking deficits that the Nation faces. of public works.’’ In 1902, Congress cre- Fiscal responsibility has never been so view will apply to projects in the fol- ated a review board to determine lowing circumstances: 1. the project important. This legislation provides whether Corps projects were justified. Congress with a unique opportunity to has costs greater than $25 million, in- The review board was dismantled just cluding mitigation costs; 2. the Gov- underscore our commitment to that over a decade ago, and the Corps is still goal. Time and time again we have ernor of a state that is affected by the linked with wasteful spending. Here we project requests a panel; 3. the head of heard that fiscal responsibility and en- are, more than 100 years later, talking vironmental protection are mutually a Federal agency charged with review- about the same issue. ing the project determines that the exclusive. Through this legislation, The reality is that the underlying project is likely to have a significant however, we can save taxpayers bil- problem is not with the Corps, the adverse environmental or cultural im- lions of dollars and protect the envi- problem is with Congress. All too often pact; or 4. the Secretary of the Army ronment. As evidence of this unique op- Members of Congress have seen Corps determines that the project is con- portunity, this bill is supported by projects as a way to bring home the troversial. Any party can request that Taxpayers for Common$ense, the Na- bacon, rather than ensuring that tax- the Secretary make a determination of tional Taxpayers Union, the National payers get the most bang for their fed- whether the project is controversial. Wildlife Federation, American Rivers, eral buck. the Corps Reform Network, and This bill puts forth bold, comprehen- This bill also creates a Director of Earthjustice. sive reform measures. It modernizes Independent Review within the Office

VerDate jul 14 2003 04:52 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.078 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2551 of the Inspector General of the Depart- This legislation will bring out com- and managing the harbors, waterways, ment of the Army. The Director is re- prehensive revision of the project re- shorelines, and water resources of the United sponsible for empaneling experts to re- view and authorization procedures at States; view projects. The Secretary is re- the Army Corps of Engineers. My goals (2) the scarcity of Federal resources re- quires more efficient use of Corps resources quired to respond to the panel’s report for the Corps are to increase trans- and funding, and greater oversight of Corps and explain the extent to which a final parency and accountability, to ensure analyses; report addresses the panel’s concerns. fiscal responsibility, and to allow (3) appropriate cost sharing ensures effi- The panel report and the underlying greater stakeholder involvement in cient measures of project demands and en- data that the Corps uses to justify the their projects. I remain committed to ables the Corps to meet more national project will be made available to the these goals, and to seeing Corps Re- project needs; public. form enacted as part of this Congress’s (4) the significant demand for recreation, The bill also requires strong environ- Water Resources bill. clean water, and healthy wildlife habitat mental protection measures. The Corps must be fully reflected in the project plan- I feel that this bill is an important ning and construction process of the Corps; is required to mitigate the environ- step down the road to a reformed Corps (5) the human health, environmental, and mental impacts of its projects in a va- of Engineers. This bill establishes a social impacts of dams, levees, shoreline sta- riety of ways, including by avoiding framework to catch mistakes by Corps bilization structures, river training struc- damaging wetlands in the first place planners, deter any potential bad be- tures, river dredging, and other Corps and either holding other lands or con- havior by Corps officials to justify projects and activities must be adequately structing wetlands elsewhere when it questionable projects, end old unjusti- considered and, in any case in which adverse cannot avoid destroying them. The fied projects, and provide planners des- impacts cannot be avoided, fully mitigated; Corps requires private developers to (6) the National Academy of Sciences has perately needed support against the concluded that the Principles and Guidelines meet this standard when they con- never ending pressure of project boost- for water resources projects need to be mod- struct projects as a condition of receiv- ers. Those boosters, include congres- ernized and updated to reflect current eco- ing a federal permit, and I think the sional interests, which is why I believe nomic practices and environmental laws and Federal Government should live up to that this body needs to champion re- planning guidelines; and the same standards. Too often, the form—to end the perception that Corps (7) affected interests must have access to Corps does not complete required miti- projects are all pork and no substance. information that will allow those interests gation and enhances environmental I wish it were the case that the to play a larger and more effective role in risks. the oversight of Corps project development changes we are proposing today were and mitigation. I feel very strongly that mitigation not needed, but unfortunately, I see must be completed, that the true costs that there is need for this bill. I want (b) PURPOSES.—The purposes of this Act are— of mitigation should be accounted for to make sure that future Corps in Corps projects, and that the public (1) to ensure that the water resources in- projects no longer fail to produce pre- vestments of the United States are economi- should be able to track the progress of dicted benefits, stop costing the tax- cally justified and enhance the environment; mitigation projects. The bill requires payers more than the Corps estimated, (2) to provide independent review of feasi- the Corps to develop a detailed mitiga- do not have unanticipated environ- bility studies, general reevaluation studies, tion plan for each water resources mental impacts, and are built in an en- and environmental impact statements of the project, and conduct monitoring to vironmentally compatible way. This Corps; demonstrate that the mitigation is bill will help the Corps do a better job, (3) to ensure timely, ecologically success- ful, and cost-effective mitigation for Corps working. In addition, the concurrent which is what the taxpayers and the mitigation requirements of this bill projects; environment deserve. (4) to ensure appropriate local cost sharing would actually reduce the total mitiga- I ask unanimous consent that the to assist in efficient project planning focused tion costs by ensuring the purchase of text of the bill be printed in the on national needs; mitigation lands as soon as possible. RECORD. (5) to enhance the involvement of affected This bill streamlines the existing There being no objection, the bill was interests in feasibility studies, general re- automatic deauthorization process. Es- ordered to be printed in the RECORD, as evaluation studies, and environmental im- timates of the project backlog runs follows: pact statements of the Corps; (6) to modernize planning principles of the from $58 billion to $41 billion. Under S. 2188 the bill a project authorized for con- Corps to meet the economic and environ- Be it enacted by the Senate and House of Rep- struction but never started is de- mental needs of riverside and coastal com- resentatives of the United States of America in munities and the nation; authorized if it is denied appropria- Congress assembled, (7) to ensure that environmental protec- tions funds towards completion of con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion and restoration, and national economic struction for five straight years. In ad- (a) SHORT TITLE.—This Act may be cited as development, are co-equal goals, and given dition, a project that has begun con- the ‘‘Corps of Engineers Modernization and co-equal emphasis, during the evaluation, struction but been denied appropria- Improvement Act of 2004’’. planning, and construction of Corps projects; tions funds towards completion for (b) TABLE OF CONTENTS.—The table of con- (8) to ensure that project planning, project three straight years is deauthorized. tents of this Act is as follows: evaluations, and project recommendations of The bill also preserves congressional Sec. 1. Short title; table of contents. the Corps are based on sound science and ec- onomics and on a full evaluation of the im- prerogatives over setting the Corps’ Sec. 2. Findings and purposes. Sec. 3. Definitions. pacts to the health of aquatic ecosystems; construction priorities by allowing and Congress a chance to reauthorize any TITLE I—MODERNIZING PROJECT (9) to ensure that the determination of of these projects before they are auto- PLANNING benefits and costs of Corps projects properly matically deauthorized. This process Sec. 101. Modern planning principles. reflects current law and Federal policies de- will be transparent to all interests, be- Sec. 102. Independent review. signed to protect human health and the envi- Sec. 103. Benefit-cost analysis. ronment. cause the bill requires the Corps to Sec. 104. Benefit-cost ratio. make a list of projects in the construc- Sec. 105. Cost sharing. SEC. 3. DEFINITIONS. tion backlog available to Congress and TITLE II—MITIGATION In this Act: the public at large. Sec. 201. Full mitigation. (1) ACADEMY.—The term ‘‘Academy’’ means In the past decade, the Corps has rou- Sec. 202. Concurrent mitigation. the National Academy of Sciences. tinely strayed from its mission of flood Sec. 203. Mitigation tracking system. (2) CORPS.—The term ‘‘Corps’’ means the Corps of Engineers. control, navigation, and environmental TITLE III—ADDRESSING THE PROJECT (3) PRINCIPLES AND GUIDELINES.—The term protection. This legislation also re- BACKLOG ‘‘Principles and Guidelines’’ means the prin- quires that the Corps stick with its pri- Sec. 301. Project backlog. mary missions and that any water ciples and guidelines of the Corps for water Sec. 302. Primary mission focus. resources projects (consisting of Engineer project that does not have the Corps’ SEC. 2. FINDINGS AND PURPOSES. Regulation 1105–2–100 and Engineer Pamphlet primary mission of flood control, navi- (a) FINDINGS.—Congress finds that— 1165–2–1). gation, or environmental protection as (1) the Corps of Engineers is the primary (4) SECRETARY.—The term ‘‘Secretary’’ its main objective will be deauthorized. Federal agency responsible for developing means the Secretary of the Army.

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.065 S10PT1 S2552 CONGRESSIONAL RECORD — SENATE March 10, 2004 TITLE I—MODERNIZING PROJECT whether to construct new water resources (I) was not the focus of the feasibility re- PLANNING projects. port, general reevaluation report, or environ- SEC. 101. MODERN PLANNING PRINCIPLES. ‘‘(e) NOTICE AND COMMENT.—The Secretary mental impact statement for the project; or shall comply with the notice and comment (a) PLANNING PRINCIPLES.—Section 209 of (II) was not considered in the feasibility re- provisions of chapter 551 of title 5, United the Flood Control Act of 1970 (42 U.S.C. 1962– port, general reevaluation report, or environ- States Code, in issuing revised planning reg- 2) is amended to read as follows: mental impact statement for the project. ulations, guidelines and circulars. (B) WRITTEN REQUESTS.—Not later than 30 ‘‘SEC. 209. CONGRESSIONAL STATEMENT OF OB- ‘‘(f) APPLICABILITY.—On completion of the JECTIVES. days after the date on which the Secretary revisions required under this section, the receives a written request of any party, or on ‘‘(a) IN GENERAL.—It is the intent of Con- Secretary shall apply the revised regulations the initiative of the Secretary, the Secretary gress that— to projects for which a draft feasibility study shall determine whether a project is con- ‘‘(1) national economic development and or draft reevaluation report has not yet been troversial. environmental protection and restoration issued. (c) DIRECTOR OF INDEPENDENT REVIEW.— are co-equal goals of water resources project ‘‘(g) PROJECT REFORMULATION.—Projects of (1) APPOINTMENT.—The Inspector General planning and management; and the Corps, and separable elements of projects of the Army shall appoint in the Office of the ‘‘(2) Federal agencies manage and, if clear- of the Corps, that have been authorized for 10 Inspector General of the Army a Director of ly justified, construct water resource years, but for which less than 15 percent of Independent Review. projects— appropriations specifically identified for con- (2) QUALIFICATIONS.—The Inspector General ‘‘(A) to meet national economic needs; and struction have been obligated, shall not be of the Army shall select the Director from ‘‘(B) to protect and restore the environ- constructed unless a general reevaluation among individuals who are distinguished ex- ment. study demonstrates that the project or sepa- perts in biology, hydrology, engineering, ec- ‘‘(b) REVISION OF PLANNING GUIDELINES, rable element meets— onomics, or another discipline relating to REGULATIONS AND CIRCULARS.—Not later ‘‘(1) all project criteria and requirements water resources management. than 18 months after the date of enactment applicable at the time the study is initiated, (3) LIMITATION ON APPOINTMENTS.—The In- of the Corps of Engineers Modernization and including requirements under this section; spector General of the Army shall not ap- Improvement Act of 2004, the Secretary, in and point an individual to serve as the Director collaboration with the National Academy of ‘‘(2) cost share and mitigation require- if the individual has a financial interest in or Sciences, shall develop proposed revisions of, ments of this Act.’’. close professional association with any enti- and revise, the planning guidelines, regula- (b) CONFORMING AMENDMENTS.— ty with a financial interest in a water re- tions, and circulars of the Corps. (1) Section 80 of the Water Resources De- sources project that, on the date of appoint- ‘‘(c) ADDITIONAL REQUIREMENTS.—Corps velopment Act of 1974 (42 U.S.C. 1962(d)–17) is ment of the Director, is— planning regulations revised under sub- repealed. (A) under construction; section (b) shall— (2) Section 7(a) of the Department of (B) in the preconstruction engineering and ‘‘(1) incorporate new and existing analyt- Transportation Act (Public Law 89–670; 80 design phase; or ical techniques that reflect the probability Stat. 941) is repealed. (C) under feasibility or reconnaissance of project benefits and costs; SEC. 102. INDEPENDENT REVIEW. study by the Corps. ‘‘(2) apply discount rates provided by the (a) DEFINITIONS.—In this section: (4) TERMS.— Office of Management and Budget; (1) AFFECTED STATE.—The term ‘‘affected (A) IN GENERAL.—The term of a Director ‘‘(3) eliminate biases and disincentives State’’, with respect to a water resources appointed under this subsection shall be 6 that discourage the use of nonstructural ap- project, means a State or portion of a State years. proaches to water resources development and that— (B) TERM LIMIT.—An individual may serve management; (A) is located, at least partially, within the as the Director for not more than 2 non- ‘‘(4) encourage, to the maximum extent drainage basin in which the project is carried consecutive terms. practicable, the restoration of ecosystems; out; and (5) DUTIES.—The Director shall establish a ‘‘(5) consider the costs and benefits of pro- (B) would be economically or environ- panel of experts to review each water re- tecting or degrading natural systems; mentally affected as a result of the project. sources project that is subject to review ‘‘(6) ensure that projects are justified by (2) DIRECTOR.—The term ‘‘Director’’ means under subsection (b). benefits that accrue to the public at large; the Director of Independent Review ap- (d) ESTABLISHMENT OF PANELS.— ‘‘(7) ensure that benefit-cost calculations pointed under subsection (c)(1). (1) IN GENERAL.—After the Secretary se- reflect a credible schedule for project con- (b) PROJECTS SUBJECT TO INDEPENDENT RE- lects a preferred alternative for a water re- struction; VIEW.— sources project subject to review under sub- ‘‘(8) ensure that each project increment (1) IN GENERAL.—The Secretary shall en- section (b) in a formal draft feasibility re- complies with section 104; sure that each feasibility report, general re- port, draft general reevaluation report, or ‘‘(9) include as a cost any increase in direct evaluation report, and environmental impact draft environmental impact statement, the Federal payments or subsidies and exclude as statement for each water resources project Director shall establish a panel of experts to a benefit any increase in direct Federal pay- described in paragraph (2) is subject to re- review the project. ments or subsidies; and view by an independent panel of experts es- (2) MEMBERSHIP.—A panel of experts estab- ‘‘(10) provide a mechanism by which, at tablished under this section. lished by the Director for a project shall be least once every 5 years, the Secretary shall (2) PROJECTS SUBJECT TO REVIEW.—A water composed of not less than 5 nor more than 9 collaborate with the National Academy of resources project shall be subject to review independent experts (including 1 or more bi- Sciences to review, and if necessary, revise under paragraph (1) if— ologists, hydrologists, engineers, and econo- all planning regulations, guidelines, and cir- (A) the project has an estimated total cost mists) who represent a range of areas of ex- culars. of more than $25,000,000, including mitigation pertise. ‘‘(d) NATIONAL NAVIGATION AND PORT costs; (3) LIMITATION ON APPOINTMENTS.—The Di- PLAN.— (B) the Governor of an affected State re- rector shall not appoint an individual to ‘‘(1) IN GENERAL.—Not later than 18 months quests the establishment of an independent serve on a panel of experts for a project if after the date of enactment of the Corps of panel of experts for the project; the individual has a financial interest in or Engineers Modernization and Improvement (C) the head of a Federal agency charged close professional association with any enti- Act of 2004, the Corps shall develop and an- with reviewing the project determines that ty with a financial interest in the project. nually update an integrated, national plan to the project is likely to have a significant ad- (4) CONSULTATION.—The Director shall con- manage, rehabilitate and, if justified, mod- verse impact on environmental, cultural, or sult with the Academy in developing lists of ernize inland waterway and port infrastruc- other resources under the jurisdiction of the individuals to serve on panels of experts ture to meet current national economic and agency; or under this section. environmental needs. (D) the Secretary determines under para- (5) NOTIFICATION.— ‘‘(2) TOOLS.—To develop the plan, the Corps graph (3) that the project is controversial. (A) IN GENERAL.—To ensure that the Direc- shall employ economic tools that— (3) CONTROVERSIAL PROJECTS.— tor is able to effectively carry out the duties ‘‘(A) recognize the importance of alter- (A) IN GENERAL.—The Secretary shall de- of the Director under this section, the Sec- native transportation destinations and termine that a water resources project is retary shall notify the Director in writing modes; and controversial for the purpose of paragraph not later than 90 days before the release of a ‘‘(B) employ practicable, cost-effective (2)(D) if the Secretary finds that— draft feasibility report, draft general re- congestion management alternatives before (i) there is a significant dispute as to the evaluation report, or draft environmental constructing and expanding infrastructure to size, nature, or effects of the project; impact statement, for every water resources increase waterway and port capacity. (ii) there is a significant dispute as to the project. ‘‘(3) BENEFITS AND PROXIMITY.—The Corps economic or environmental costs or benefits (B) CONTENTS.—The notification shall in- shall give particular consideration to the of the project; or clude— benefits and proximity of proposed and exist- (iii) there is a significant dispute as to the (i) the estimated cost of the project; and ing port, harbor, waterway, rail and other benefits to the communities affected by the (ii) a preliminary assessment of whether a transportation infrastructure in determining project of a project alternative that— panel of experts may be required.

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(6) COMPENSATION.—An individual serving submit to the Secretary a report required position of the person that provided the in- on a panel of experts under this section shall under subsection (e)(1)(D). formation to the Corps. be compensated at a rate of pay to be deter- (g) RECOMMENDATIONS OF PANEL.— (i) COSTS.— mined by the Inspector General of the Army. (1) CONSIDERATION BY SECRETARY.— (1) LIMITATION ON COST OF REVIEW.—The (7) TRAVEL EXPENSES.—A member of a (A) IN GENERAL.—If the Secretary receives cost of conducting a review of a water re- panel of experts under this section shall be a report on a water resources project from a sources project under this section shall not allowed travel expenses, including per diem panel of experts under this section by the ap- exceed— in lieu of subsistence, at rates authorized for plicable deadline under subsection (e)(1)(E) (A) $250,000 for a project, if the total cost of an employee of an agency under subchapter or (f), the Secretary shall, at least 14 days the project in current year dollars is less I of chapter 57 of title 5, United States Code, before entering a final record of decision for than $50,000,000; and while away from the home or regular place the water resources project— (B) 0.5 percent of the total cost of the of business of the member in the perform- (i) take into consideration any rec- project in current year dollars, if the total ance of the duties of the panel. ommendations contained in the report; and cost is $50,000,000 or more. (e) DUTIES OF PANELS.— (ii) prepare a written explanation for any (2) TREATMENT.—The cost of conducting a (1) IN GENERAL.—A panel of experts estab- recommendations not adopted. review of a project under this section shall lished for a water resources project under (B) INCONSISTENT RECOMMENDATIONS AND be considered to be part of the total cost of this section shall— FINDINGS.—Recommendations and findings of the project. (A) review each draft feasibility report, the Secretary that are inconsistent with the (3) COST SHARING.—A review of a project draft general reevaluation report, and draft recommendations and findings of a panel of under this section shall be subject to section environmental impact statement prepared experts under this section shall not be enti- 105(a) of the Water Resources Development for the project; tled to deference in a judicial proceeding. Act of 1986 (33 U.S.C. 2215(a)). (B) assess the adequacy of the economic, (2) PUBLIC REVIEW; SUBMISSION TO CON- (4) WAIVER OF LIMITATION.—The Secretary scientific, and environmental models used by GRESS.—After receiving a report on a water may waive a limitation under paragraph (1) the Secretary in reviewing the project to en- resources project from a panel of experts if the Secretary determines that the waiver sure that— under this section (including a report under is appropriate. (i) the best available economic and sci- subsection (e)(1)(E)), the Secretary shall— (j) APPLICABILITY OF FEDERAL ADVISORY entific methods of analysis have been used; (A) immediately make a copy of the report COMMITTEE ACT.—The Federal Advisory (ii) the best available economic, scientific, (and, in a case in which any written expla- Committee Act (5 U.S.C. App.) shall apply to and environmental data have been used; and nation of the Secretary on recommendations a panel of experts established under this sec- (iii) any regional effects on navigation sys- tion. tems have been examined; contained in the report is completed, shall (C) receive from the public written and immediately make a copy of the response) SEC. 103. BENEFIT-COST ANALYSIS. oral comments concerning the project; available for public review; and Section 308(a) of the Water Resources De- (D) not later than the deadline established (B) include a copy of the report (and any velopment Act of 1990 (33 U.S.C. 2318(a)) is under subsection (f), submit to the Secretary written explanation of the Secretary) in any amended— a report concerning the economic, engineer- report submitted to Congress concerning the (1) in paragraph (1)(B), by striking ‘‘and’’ ing, and environmental analyses of the project. at the end; project, including the conclusions of the (h) PUBLIC ACCESS TO INFORMATION.— (2) in paragraph (2), by striking the period panel, with particular emphasis on areas of (1) IN GENERAL.—Except as provided in at the end and inserting ‘‘; and’’; and public controversy, with respect to the feasi- paragraph (3), the Secretary shall ensure (3) by adding at the end the following: bility report, general reevaluation report, or that information relating to the analysis of ‘‘(3) any projected benefit attributable to environmental impact statement; and any water resources project by the Corps, in- any change in, or intensification of, land use (E) not later than 30 days after the date of cluding all supporting data, analytical docu- arising from the draining, reduction, or issuance of a final feasibility report, final ments, and information that the Corps has elimination of wetlands.’’. general reevaluation report, or final environ- considered in the analysis, is made avail- SEC. 104. BENEFIT-COST RATIO. mental impact statement, submit to the Sec- able— (a) RECOMMENDATION OF PROJECTS.—Begin- retary a brief report stating the views of the (A) to any individual upon request; ning in fiscal year 2004, in the case of a water panel on the extent to which the final anal- (B) to the public on the Internet; and resources project that is subject to a benefit- ysis adequately addresses issues or concerns (C) to an independent review panel, if such cost analysis, the Secretary may recommend raised by each earlier evaluation by the a panel is established for the project. the project for authorization by Congress, panel. (2) TYPES OF INFORMATION.—Information and may choose the project as a rec- (2) EXTENSIONS.— concerning a project that is available under ommended alternative in any record of deci- (A) IN GENERAL.—The panel may request paragraph (1) shall include— sion or environmental impact statement, from the Director a 30-day extension of the (A) any information that has been made only if the project, in addition to meeting deadline established under paragraph (1)(E). available to the non-Federal interests with any other criteria required by law, has pro- (B) RECORD OF DECISION.—The Secretary respect to the project; and jected national benefits that are at least 1.5 shall not issue a record of decision until (B) all data and information used by the times as great as the estimated total costs of after, at the earliest— Corps in the justification and analysis of the the project, based on current discount rates (i) the final day of the 30-day period de- project. provided by the Office of Management and scribed in paragraph (1)(E); or (3) EXCEPTION FOR TRADE SECRETS.— Budget. (ii) if the Director grants an extension (A) IN GENERAL.—The Secretary shall not (b) REVIEW AND DEAUTHORIZATION OF under subparagraph (A), the final day of end make information available under paragraph PROJECTS.— of the 60-day period beginning on the date of (1) that the Secretary determines to be a (1) REVIEW.—Not later than 180 days after issuance of a final feasibility report de- trade secret of any person that provided the the date of enactment of this Act, the Sec- scribed in paragraph (1)(E) and ending on the information to the Corps. retary shall review each water resources final day of the extension granted under sub- (B) CRITERIA FOR TRADE SECRETS.—The Sec- project described in paragraph (2) to deter- paragraph (A). retary shall consider information to be a mine whether the projected benefits of the (f) DURATION OF PROJECT REVIEWS.— trade secret only if— project are less than 1.5 times as great as the (1) DEADLINE.—Except as provided in para- (i) the person that provided the informa- estimated total costs of the project. graph (2), not later than 180 days after the tion to the Corps— (2) PROJECTS SUBJECT TO REVIEW.—A water date of establishment of a panel of experts (I) has not disclosed the information to resources project shall be subject to review for a water resources project under this sec- any person other than— under paragraph (1) if— tion, the panel shall complete— (aa) an officer or employee of the United (A) the project was authorized before the (A) each required review of the project; and States or a State or local government; date on which the review is commenced; (B) all other duties of the panel relating to (bb) an employee of the person that pro- (B) the project is subject to a benefit-cost the project (other than the duties described vided the information to the Corps; or analysis; and in subsection (e)(1)(E)). (cc) a person that is bound by a confiden- (C) an amount that is less than 33 percent (2) EXTENSION OF DEADLINE FOR REPORT ON tiality agreement; and of the estimated total costs of the project PROJECT REVIEWS.—Not later than 240 days (II) has taken reasonable measures to pro- (excluding costs of preconstruction engineer- after the date of issuance of a draft feasi- tect the confidentiality of the information ing and design) has been obligated for the bility report, draft general reevaluation re- and intends to continue to take the meas- project. port, or draft environmental impact state- ures; (3) DEAUTHORIZATIONS.— ment for a project, if a panel of experts sub- (ii) the information is not required to be (A) IN GENERAL.—On completion of the re- mits to the Director before the end of the disclosed, or otherwise made available, to view under paragraph (1), the Secretary shall 180-day period described in paragraph (1), and the public under any other Federal or State submit to Congress a list that describes each the Director approves, a request for a 60-day law; and water resources project the projected bene- extension of the deadline established under (iii) disclosure of the information is likely fits of which are less than 1.5 times as great that paragraph, the panel of experts shall to cause substantial harm to the competitive as the estimated total costs of the project.

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(B) PROJECTS.—A project included on the ‘‘(ii) DEAUTHORIZATION.—In a case in which success, including the designation of the en- list under subparagraph (A) shall be de- the Secretary determines that the non-Fed- tities that will be responsible for moni- authorized effective beginning 3 years after eral interests for a project described in toring; the date of submission of the list to Congress clause (i) are unable to pay for the cost of ‘‘(ii) specific ecological success criteria by unless, during that 3-year period, Congress operations and maintenance of the project, which the mitigation will be evaluated and reauthorizes the project. the project is deauthorized as of the date of determined to be successful, prepared in con- (4) DEAUTHORIZED PROJECTS FOR WHICH CON- that determination.’’. sultation with the United States Fish and STRUCTION HAS BEEN COMMENCED.—In the case (b) FLOOD DAMAGE REDUCTION.—Section 103 Wildlife Service; of a water resources project that is deauthor- of the Water Resources Development Act of ‘‘(iii) a detailed description of the land and ized under paragraph (3) and for which con- 1986 (33 U.S.C. 2213) is amended— interests in land to be acquired for mitiga- struction (other than preconstruction engi- (1) in subsections (a)(2) and (b), by striking tion and the basis for a determination that neering and design) has been commenced, the ‘‘35’’ each place it appears and inserting land and interests are available for acquisi- Secretary may take such actions as are nec- ‘‘50’’; tion; essary with respect to the project to protect (2) in the paragraph heading of subsection ‘‘(iv) sufficient detail regarding the chosen public health and safety and the environ- (a)(2), by striking ‘‘35 PERCENT MINIMUM’’’ and mitigation sites and type and amount of res- ment. inserting ‘‘MINIMUM’’’; and toration activities to permit a thorough SEC. 105. COST SHARING. (3) in the paragraph heading of subsection evaluation of the plan’s likelihood of eco- logical success and resulting aquatic and ter- (a) INLAND WATERWAYS.— (b), by striking ‘‘35’’ and inserting ‘‘50’’. (c) BEACH REPLACEMENT.—Section restrial resource functions and habitat val- (1) CONSTRUCTION.—Section 102(a) of the ues; and Water Resources Development Act of 1986 (33 103(d)(2)(A) of the Water Resources Develop- ‘‘(v) a contingency plan for taking correc- U.S.C. 2212(a)) is amended— ment Act of 1986 (33 U.S.C. 2213(d)(2)) is tive actions if monitoring demonstrates that (A) in the first sentence, by striking ‘‘One- amended— mitigation efforts are not achieving ecologi- half of the costs of construction’’ and insert- (1) by redesignating subparagraphs (B) and cal success as described in the ecological ing ‘‘Forty-five percent of the costs of con- (C) as subparagraphs (C) and (D), respec- success criteria. struction’’; and tively; and ‘‘(C) APPLICABLE LAW.—A time period for (B) by striking the second sentence and in- (2) by inserting after subparagraph (A) the following: mitigation monitoring or for the implemen- serting ‘‘Fifty-five percent of those costs tation and monitoring of contingency plan shall be paid only from amounts appro- ‘‘(B) 2004 AND SUBSEQUENT PROJECTS.—For any project authorized after the date of en- actions shall not be subject to the deadlines priated from the Inland Waterways Trust described in section 202. Fund.’’. actment of the Corps of Engineers Mod- ernization and Improvement Act of 2004, the ‘‘(4) DETERMINATION OF MITIGATION SUC- PERATIONS AND MAINTENANCE (2) O .—Section CESS.— 102 of the Water Resources Development Act non-Federal cost of the periodic nourishment of the project, or any measure for shore pro- ‘‘(A) IN GENERAL.—Mitigation shall be con- of 1986 (33 U.S.C. 2212) is amended by striking sidered to be successful at the time at which subsections (b) and (c) and inserting the fol- tection or beach erosion control for the project, shall be 65 percent.’’. monitoring demonstrates that the mitiga- lowing: tion has met the ecological success criteria TITLE II—MITIGATION ‘‘(b) OPERATION AND MAINTENANCE.— established in the mitigation plan. ‘‘(1) FEDERAL SHARE.—The Federal share of SEC. 201. FULL MITIGATION. ‘‘(B) REQUIREMENTS FOR SUCCESS.—To en- the cost of operation and maintenance shall Section 906(d) of the Water Resources De- sure the success of any attempted mitiga- be 100 percent in the case of— velopment Act of 1986 (33 U.S.C. 2283(d)) is tion, the Secretary shall— ‘‘(A) a project described in paragraph (1) or amended— ‘‘(i) consult yearly with the United States (2) of subsection (a); or (1) by striking paragraph (1) and inserting Fish and Wildlife Service on each water re- ‘‘(B) the portion of the project authorized the following: sources project requiring mitigation to de- by section 844 that is allocated to inland ‘‘(1) PROJECTS.— termine whether mitigation monitoring for navigation. ‘‘(A) IN GENERAL.—After November 17, 1986, that project demonstrates that the project is ‘‘(2) SOURCE OF FEDERAL SHARE.— the Secretary shall not submit to Congress achieving, or has achieved, ecological suc- ‘‘(A) GENERAL FUND.—In the case of a any proposal for the authorization of any cess; project described in paragraph (1) or (2) of water resources project, and shall not choose ‘‘(ii) ensure that implementation of the subsection (a) with respect to which the cost a project alternative in any final record of mitigation contingency plan for taking cor- of operation and maintenance is less than or decision, environmental impact statement, rective action begins not later than 30 days equal to 2 cents per ton mile, or in the case or environmental assessment, unless the re- after a finding by the Secretary or the of the portion of the project authorized by port contains— United States Fish and Wildlife Service that section 844 that is allocated to inland navi- ‘‘(i) a specific plan to fully mitigate losses the original mitigation efforts likely will gation, the Federal share under paragraph (1) of aquatic and terrestrial resources and fish not result in, or have not resulted in, eco- shall be paid only from amounts appro- and wildlife created by the project; or logical success; priated from the general fund of the Treas- ‘‘(ii) a determination by the Secretary that ‘‘(iii) complete implementation of the con- ury. the project will have negligible adverse im- tingency plan as expeditiously as prac- ‘‘(B) GENERAL FUND AND INLAND WATERWAYS pact on aquatic and terrestrial resources and ticable; and TRUST FUND.—In the case of a project de- fish and wildlife. ‘‘(iv) ensure that monitoring of mitigation scribed in paragraph (1) or (2) of subsection ‘‘(B) SPECIFIC REQUIREMENTS.—Specific efforts, including those implemented (a) with respect to which the cost of oper- mitigation plans shall ensure that impacts through a mitigation contingency plan, con- ation and maintenance is greater than 2 but to bottomland hardwood forests and other tinues until the monitoring demonstrates less than or equal to 10 cents per ton mile— habitat types are mitigated in kind. that the mitigation has met the ecological ‘‘(i) 75 percent of the Federal share under ‘‘(C) CONSULTATION.—In carrying out this success criteria. paragraph (1) shall be paid only from paragraph, the Secretary shall consult with ‘‘(5) RECOMMENDATION OF PROJECTS.—The amounts appropriated from the general fund appropriate Federal and non-Federal agen- Secretary shall not recommend a water re- of the Treasury; and cies.’’; and sources project alternative or choose a ‘‘(ii) 25 percent of the Federal share under (2) by adding at the end the following: project alternative in any final record of de- paragraph (1) shall be paid only from ‘‘(3) STANDARDS FOR MITIGATION.— cision, environmental impact statement, or amounts appropriated from the Inland Wa- ‘‘(A) IN GENERAL.—To fully mitigate losses environmental assessment completed after terways Trust Fund. to fish and wildlife resulting from a water re- the date of enactment of this paragraph un- ‘‘(C) INLAND WATERWAYS TRUST FUND.—In sources project, the Secretary shall, at a less the Secretary determines that the miti- the case of a project described in paragraph minimum— gation plan for the alternative will success- (1) or (2) of subsection (a) with respect to ‘‘(i) acquire and restore 1 acre of superior fully mitigate the adverse impacts of the which the cost of operation and maintenance or equivalent habitat of the same type to re- project on aquatic and terrestrial resources, is greater than 10 cents per ton mile but less place each acre of habitat adversely affected hydrologic functions, and fish and wildlife. than 30 cents per ton mile, 100 percent of the by the project; and ‘‘(6) COMPLETION OF MITIGATION BEFORE CON- Federal share under paragraph (1) shall be ‘‘(ii) replace the hydrologic functions and STRUCTION OF NEW PROJECTS.—The Secretary paid only from amounts appropriated from characteristics, the ecological functions and shall complete all promised mitigation for the Inland Waterways Trust Fund. characteristics, and the spatial distribution water resources projects in a particular wa- ‘‘(D) NON-FEDERAL RESPONSIBILITY.— of the habitat adversely affected by the tershed before constructing any new water ‘‘(i) IN GENERAL.—In the case of a project project. resources project in that watershed.’’. described in paragraph (1) or (2) of subsection ‘‘(B) DETAILED MITIGATION PLAN.—The spe- SEC. 202. CONCURRENT MITIGATION. (a) with respect to which the cost of oper- cific mitigation plan for a water resources Section 906(a) of the Water Resources De- ation and maintenance is greater than 30 project under paragraph (1) shall include, at velopment Act of 1986 (33 U.S.C. 2283(a)) is cents per ton-mile, the cost of operations a minimum— amended— and maintenance shall be a non-Federal re- ‘‘(i) a detailed and specific plan to monitor (1) by striking ‘‘(a)(1) In the case’’ and in- sponsibility. mitigation implementation and ecological serting the following:

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‘‘(a) MITIGATION.— (II) construction; and (viii) the date of the last year for which ‘‘(1) IN GENERAL.—In the case’’; (iii) the non-Federal interests with respect economic data that was included in the most (2) in paragraph (1), by striking ‘‘inter- to the project have demonstrated willingness recent analysis of the feasibility and jus- ests—’’ and all that follows through and the ability to provide the required non- tification of the project was collected; ‘‘losses),’’ and inserting the following: ‘‘in- Federal share. (ix) the status of each project as— terests shall be undertaken or acquired— (B) DEFERRED.—The term ‘‘deferred’’, with (I) reconnaissance, preconstruction engi- ‘‘(A) before any construction of the project respect to a project, means that the neering and design, or construction; and (other than such acquisition) commences; or project— (II) active, deferred, or inactive; and ‘‘(B) concurrently with the acquisition of (i) has doubtful economic justification; (x) the information described in paragraph land and interests in land for project pur- (ii) requires reevaluation to determine the (3) for each particular type of project. poses (other than mitigation of fish and wild- economic feasibility of the project; or (3) INFORMATION FOR PARTICULAR PROJECT life losses);’’; (iii) is a project for which the non-Federal TYPE.—The study under paragraph (2) shall (3) in paragraph (2), by striking ‘‘(2) For interests are unable to provide required co- include— the purposes’’ and inserting the following: operation. (A) in the case of a flood damage reduction ‘‘(2) COMMENCEMENT OF CONSTRUCTION.—For (C) INACTIVE.—The term ‘‘inactive’’, with project— the purpose’’; and respect to a project, means that— (i) the extent to which the project reflects (4) by adding at the end the following: (i) the project is not economically justi- national flood damage reduction priorities as ‘‘(4) IMPLEMENTATION.— fied; established by the Federal Emergency Man- ‘‘(A) IN GENERAL.—Except as provided in (ii) the project no longer meets current and agement Agency; subparagraph (B), to ensure concurrent miti- prospective needs as described in a feasi- (ii)(I) the level of flood protection pro- gation, the Secretary shall implement— bility report or general reevaluation report; vided; and ‘‘(i) 50 percent of required mitigation be- (iii) the non-Federal interests with respect (II) to the maximum extent practicable, fore beginning construction of a project; and to the project have not demonstrated will- the extent to which the project is based on ‘‘(ii) the remainder of required mitigation ingness or the ability to provide the required projected growth and the basis for each pro- as expeditiously as practicable, but not later non-Federal share; or jection of growth; and than the last day of construction of the (iii) the extent to which the project— project or separable element of the project. (iv)(I) the project most recently received, under an Act of Congress, authorization or (I) restores natural aquatic ecosystem ‘‘(B) EXCEPTION FOR PHYSICAL IMPRAC- reauthorization of construction more than 25 functions; and TICABILITY.—In a case in which the Secretary (II) avoids adverse environmental impacts determines that it is physically impracti- years before the date of enactment of this Act; and and risk before implementation of mitiga- cable to complete mitigation by the last day tion activities; of construction of the project or separable (II) an amount that is less than 33 percent of the estimated total costs of the project (B) in the case of a navigation project— element of the project, the Secretary shall (i)(I) the extent to which the economic reserve or reprogram sufficient funds to en- (excluding costs of preconstruction engineer- ing and design) has been obligated for the benefits of the project are based on existing sure that mitigation implementation is com- levels of commercial traffic rather than pro- pleted as expeditiously as practicable, but in project as of the date of enactment of this jected growth in commercial traffic; and no case later than the end of the next fiscal Act. (II) to the maximum extent practicable, year immediately following the last day of (D) PROJECT.—The term ‘‘project’’ means a the extent to which the project is based on that construction. water resources project, or a separable ele- projected growth and the basis for each pro- ‘‘(5) USE OF FUNDS.—Funds made available ment of a water resources project, that is au- jection of growth; and for preliminary engineering and design, con- thorized by law for funding from— (ii) the extent of the likely environmental struction, or operations and maintenance (i) the Construction, General, appropria- benefits of the project, including the extent shall be available for use in carrying out this tions account; or of— section.’’. (ii) the construction portion of the Flood Control, Mississippi River and Tributaries, (I) remediation of contaminated sediments, SEC. 203. MITIGATION TRACKING SYSTEM. or reuse of dredged material, to restore (a) IN GENERAL.—Not later than 180 days appropriations account. aquatic habitat; and after the date of enactment of this Act, the (2) STUDY.— (II) adverse environmental impacts and Secretary shall establish a recordkeeping (A) IN GENERAL.—Not later than 1 year system to track each water resources project after the date of enactment of this Act, the risks of the project; and constructed, operated, or maintained by the Secretary shall submit to the Committee on (C) in the case of an environmental res- Secretary, and for each permit issued under Environment and Public Works of the Senate toration project— section 404 of the Federal Water and the Committee on Transportation and (i) the extent to which the project— Control Act (33 U.S.C. 1344)— Infrastructure of the House of Representa- (I) restores natural hydrologic processes (1) the quantity and type of wetland and tives a study consisting of— and the spatial extent of aquatic habitat; other habitat types affected by the project, (i) the list described in subparagraph (B); and project operation, or permitted activity; and (II) otherwise produces self-sustaining en- (2) the quantity and type of mitigation re- (ii) the information described in subpara- vironmental benefits; and quired for the project, project operation or graph (C). (ii) the extent to which the project ad- permitted activity; (B) LIST.—The list referred to in subpara- dresses critical national conservation prior- (3) the quantity and type of mitigation graph (A) is a list of all authorized water re- ities, including preservation and protection that has been completed for the project, sources projects— of endangered and threatened species or project operation or permitted activity; and (i) that have not been commenced; or habitat of endangered and threatened spe- (4) the status of monitoring for the mitiga- (ii) the construction of which has not been cies. tion carried out for the project, project oper- completed. (4) MEASUREMENT AND REPORTING.— ation or permitted activity. (C) REQUIRED INFORMATION.—Each project (A) IN GENERAL.—The Secretary shall use (b) REQUIRED INFORMATION AND ORGANIZA- on the list described in subparagraph (B) objective and quantifiable standards for TION.—The recordkeeping system shall— shall be accompanied by information on— measuring and reporting the information re- (1) include information on impacts and (i) the primary purpose of the project; quired to be submitted under paragraph (3). mitigation described in subsection (a) that (ii) the year in which construction of the (B) ALTERNATIVE METHOD OF REPORTING.— occur after December 31, 1969; and project was commenced; In any case in which the information re- (2) be organized by watershed, project, per- (iii) the total estimated cost of the project quired to be submitted under subparagraph mit application, and zip code. in current year dollars; (B)(ii) or (C) of paragraph (3) cannot be quan- (c) AVAILABILITY OF INFORMATION.—The (iv) the benefit-cost ratio of the project, tified, the information shall be reported Secretary shall make information contained determined based on current discount rates; through an objective description of the bene- in the recordkeeping system available to the (v) the estimated annual benefits and an- fits and impacts of the applicable project. public on the Internet. nual costs of the project; (5) AVAILABILITY TO THE PUBLIC.—The study TITLE III—ADDRESSING THE PROJECT (vi) the remaining additional benefits and submitted to Congress under paragraph (2) BACKLOG the remaining additional costs to complete shall be made available to— SEC. 301. PROJECT BACKLOG. construction of the project (including the (A) any person on request; and (a) REVIEW AND REPORT ON WATER RE- ratio that remaining benefits bear to re- (B) the public on the Internet. SOURCES CONSTRUCTION BACKLOG.— maining costs); (b) PROJECT DEAUTHORIZATIONS.—Section (1) DEFINITIONS.—In this subsection: (vii)(I) the year during which the most re- 1001 of the Water Resources Development (A) ACTIVE.—The term ‘‘active’’, with re- cent major studies of the feasibility and de- Act of 1986 (33 U.S.C. 579a) is amended to read spect to a project, means that— sign of the project were completed; and as follows: (i) the project is economically justified; (II) the year during which the most recent ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS. (ii) the project has received funding for— environmental impact statement or environ- ‘‘(a) DEFINITIONS.—In this section: (I) preconstruction engineering and design; mental assessment for the project was com- ‘‘(1) CONSTRUCTION OF A PROJECT.—The or pleted; term ‘construction of a project’ means—

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.059 S10PT1 S2556 CONGRESSIONAL RECORD — SENATE March 10, 2004 ‘‘(A) with respect to a flood control and no Federal funds have been obligated for (A) are no longer economically justified, project— construction during the 3 consecutive fiscal based on commercial traffic and current dis- ‘‘(i) the acquisition of land, an easement, years preceding the fiscal year in which the count rates; or or a right-of-way; or list is submitted. (B) are no longer in the national interest. ‘‘(ii) the performance of physical work ‘‘(2) DEAUTHORIZATION.—A project author- SEC. 302. PRIMARY MISSION FOCUS. under a construction contract; ized for construction that is not subject to Any water resources project that does not ‘‘(B) with respect to an environmental pro- subsection (b) shall be deauthorized effective have as a primary project purpose 1 of the tection and restoration project— beginning 5 years after the date of the most primary Corps missions of environmental ‘‘(i) the acquisition of land, an easement, recent authorization or reauthorization of protection, flood control, or navigation and or a right-of-way primarily to facilitate the the project unless, during that 5-year period, that, as of the date of enactment of this sec- restoration of wetland or similar habitat; or Federal funds are obligated for construction tion, has no appropriated construction fund- ‘‘(ii) the performance of physical work of the project. ing, is deauthorized. under a construction contract— ‘‘(d) PROJECTS FOR WHICH CONSTRUCTION Mr. MCCAIN. Madam President, I am ‘‘(I) to modify an existing project facility; HAS BEEN SUSPENDED.— pleased to join my friend, Senator or ‘‘(1) LIST.—The Secretary shall annually FEINGOLD in cosponsoring this impor- ‘‘(II) to construct a new environmental submit to Congress a list of projects— protection or restoration measure; ‘‘(A) that have been authorized for con- tant and timely legislation. Today, the ‘‘(C) with respect to a shore protection struction; and Senate is deliberating over the nation’s project— ‘‘(B) for which no Federal funds have been budget priorities in the face of our ‘‘(i) the acquisition of land, an easement, obligated for construction during the 2 con- enormous deficit. or a right-of-way; or secutive fiscal years preceding the date of Historically, Congress has considered ‘‘(ii) the performance of physical work submission of the list. water projects, costing many billions under a construction contract for a struc- ‘‘(2) DEAUTHORIZATION.—A project that is of taxpayer dollars, as essential ex- tural or a nonstructural measure; and not subject to subsection (b) but for which penditures—regardless of the environ- ‘‘(D) with respect to any project that is not Federal funds have been obligated for con- mental costs or public benefits. The re- described in subparagraph (A), (B), or (C), the struction of the project shall be deauthorized performance of physical work under a con- forms of the Corps of Engineers’ proce- if Federal funds appropriated specifically for dures in this bill are designed to struction contract. construction of the project, as indicated in ‘‘(2) INACTIVE.—The term ‘inactive’, with an Act of Congress or in accompanying legis- achieve more cost-effective expendi- respect to a project, means that— lative report language, are not obligated for tures for water projects that will yield ‘‘(A) the project is not economically justi- construction of the project during the period more environmental, economic, and so- fied; of 3 fiscal years following the last fiscal year cial benefits. The need for these ‘‘(B) the project no longer meets current in which Federal funds were obligated for changes has been acknowledged by and prospective needs as described in a feasi- construction of the project. many for some time, but never has the bility report or general reevaluation report; ‘‘(e) COMPLETED PROJECTS.—Subsections need to spend scarce taxpayer dollars ‘‘(C) the non-Federal interests with respect (b), (c), and (d) shall not apply— to the project have not demonstrated will- wisely been as crucial as it is now. ‘‘(1) in the case of a beach nourishment The Corps procedures for planning ingness or the ability to provide the required project, after initial construction of the non-Federal share; or project has been completed; or and approving projects, as well as the ‘‘(D)(i) the project most recently received, ‘‘(2) in the case of any other project, after Congressional system for funding under an Act of Congress, authorization or construction of the project has been com- projects, are broken, but they can be reauthorization for construction more than pleted. effectively fixed. In fact, the reforms in 25 years before the date of enactment of this ‘‘(f) CONGRESSIONAL NOTIFICATIONS.—On this bill are based on thorough pro- subparagraph; and submission of a list under subsection (b), (c), gram analysis and common sense. I ‘‘(ii) an amount that is less than 33 percent or (d), the Secretary shall notify each Sen- commend Senator FEINGOLD for build- of the estimated total costs of the project ator in whose State, and each Member of the ing on the legislation we introduced (excluding costs of preconstruction engineer- House of Representatives in whose district, a ing and design) has been obligated for the project on the list is or would be located. with Senator SMITH in the last Con- project as of the date of enactment of this ‘‘(g) FINAL DEAUTHORIZATION LIST.—The gress to provide additional improve- subparagraph. Secretary shall annually publish in the Fed- ments. It is surprising that Congress ‘‘(3) PHYSICAL WORK UNDER A CONSTRUCTION eral Register a list of all projects deauthor- hasn’t already put these procedures in CONTRACT.—The term ‘physical work under a ized under subsections (b), (c), and (d).’’. place, but there is no time or need like construction contract’ does not include any (c) WATERWAYS.— the present. activity relating to— (1) REPORT BY ACADEMY.— Provisions of the legislation we are ‘‘(A) project planning; (A) IN GENERAL.—Not later than 1 year introducing today would modify the ‘‘(B) engineering and design; after the date of enactment of this Act, the Secretary shall enter into a contract with Corps planning and approval proce- ‘‘(C) relocation; or dures to consider both economic and ‘‘(D) the acquisition of land, an easement, the Academy to prepare a report on water- or a right-of-way. ways in the Inland Waterways System. environmental objectives. Independent ‘‘(4) PROJECT.—The term ‘project’ means a (B) CONTENTS OF REPORT.—The report review of Corps projects and an in- water resources project, or a separable ele- shall— crease in the cost-benefit factor would ment of a water resources project, that is au- (i) review the Inland Waterways System; ensure that only beneficial projects are thorized by law for funding from— (ii) provide data on the commercial traffic constructed. Effective measures for ‘‘(A) the Construction, General, appropria- being carried by each waterway in the Sys- mitigation of environmental and other tions account; or tem as of the date of the report; damage caused by projects would be re- ‘‘(B) the construction portion of the Flood (iii) provide an analysis of the extent to quired and monitored. The existing $56 Control, Mississippi River and Tributaries, which prior projections of the commercial traffic carried by each waterway in the Sys- billion project backlog is addressed and appropriations account. projects that have been suspended or ‘‘(b) INACTIVE PROJECTS.— tem were accurate; and ‘‘(1) LIST.—Not later than December 31, (iv) based on the information provided never started for five years would no 2004, and biennially thereafter, the Secretary under clauses (ii) and (iii)— longer be considered. shall submit to Congress a list of inactive (I) identify underused waterways in the Water projects that provide economic projects. System; and environmental benefits to our ‘‘(2) DEAUTHORIZATION.—An inactive (II) propose new economic and environ- state citizens and all federal taxpayers project shall be deauthorized effective begin- mental uses for underused waterways; serve the common good and reflect our ning 1 year after the date of submission of a (III) describe statutory and administrative common interest in fiscal responsi- list under paragraph (1) that includes the reforms that are needed to ease the transi- bility. I urge my colleagues to support project unless, during that 1-year period, tion from the current authorized uses of the this legislation. Congress reauthorizes the project in accord- System to new economic and environmental ance with the Corps of Engineers Moderniza- uses of the System; and By Mr. BIDEN: tion and Improvement Act of 2004 and the (IV) recommend which waterways in the S. 2189. A bill to establish grants to System should be decommissioned. amendments made by that Act. improve and study the National Do- ‘‘(c) PROJECTS FOR WHICH ACTUAL CON- (2) DECOMMISSIONING MECHANISM FOR STRUCTION HAS NOT BEGUN.— UNDERUSED WATERWAYS.—Not later than 1 mestic Violence Hotline; to the Com- ‘‘(1) LIST.—The Secretary shall annually year after the date of enactment of this Act, mittee on the Judiciary. submit to Congress a list of projects that the Secretary shall by regulation establish a There being no objection, the bill was have been authorized for construction, but mechanism for the decommissioning of wa- ordered to be printed in the RECORD, as for which no actual construction has begun terways that— follows:

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.059 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2557 S. 2189 SEC. 4. RESEARCH GRANT TO STUDY NATIONAL section (a) shall not be considered amounts Be it enacted by the Senate and House of Rep- DOMESTIC VIOLENCE HOTLINE. appropriated for purposes of the conditions resentatives of the United States of America in (a) GRANT AUTHORIZED.—Not later than 6 imposed under section 316(g)(2) of the Family Congress assembled, months after the date of enactment of this Violence Prevention and Services Act (42 Act, the Attorney General, in consultation SECTION 1. SHORT TITLE. U.S.C. 10416(g)(2)). with the Secretary of Health and Human This Act may be cited as the ‘‘Domestic Services and the National Domestic Violence Mr. BIDEN. Mr. President, I want to Violence Connections Campaign Act of 2004’’. Hotline, shall award a grant to a university relay a telephone number, a number SEC. 2. FINDINGS. or other research institution with dem- that may not sound familiar but you Congress finds the following: onstrated experience and expertise with do- can be sure is memorized by thousands (1) More than 500 men and women call the mestic violence issues to conduct a study of of women across the country. 1–800–799– National Domestic Violence Hotline every the National Domestic Violence Hotline for day to get immediate, informed, and con- SAFE—the number for the National the purpose of conducting the research de- fidential assistance to help deal with family Domestic Violence Hotline. Each scribed under subsection (c), and for the violence. month, over 16,000 women and men call input, interpretation, and dissemination of (2) The National Domestic Violence Hot- research data. the National Domestic Violence Hot- line service is available, toll-free, 24 hours a (b) APPLICATION.—Each university or re- line. Open twenty-four hours a day, day and 7 days a week, with bilingual staff, search institution desiring to receive a grant seven days a week, with a bilingual access to translators in 150 languages, and a under this section shall submit an applica- staff and a TTY-line for the hearing TTY line for the hearing-impaired. tion to the Attorney General, at such time, impaired, the National Domestic Vio- (3) With access to over 5,000 shelters and in such manner, and accompanied by such lence Hotline provides immediate, in- service providers across the United States, additional information as the Attorney Gen- Puerto Rico, Alaska, Hawaii, and the United formed and confidential assistance to eral, in consultation with the Secretary of those caught in family violence. Often- States Virgin Islands, the National Domestic Health and Human Services and the National Violence Hotline provides crisis intervention Domestic Violence Hotline, may reasonably times, it is the first call a battered and immediately connects callers with require. woman makes, even before calling the sources of help in their local community. (c) ISSUES TO BE STUDIED.—The study de- police or a friend. (4) The National Domestic Violence Hot- scribed in subsection (a) shall— The Hotline is located in Austin, TX, line, which was created by the Violence (1) compile statistical and substantive in- but answers telephone calls placed any- Against Women Act and is located in Austin, formation about calls received by the Hot- Texas, answered its first call on February 21, where in the United States and the line since its inception, or a representative U.S. territories. A distressed caller is 1996, and answered its one millionth call on sample of such calls, while maintaining the August 4, 2003. confidentiality of Hotline callers; connected to a trained advocate who is (5) Approximately 60 percent of the callers (2) interpret the data compiled under para- able to provide crisis intervention indicate that calling the Hotline is their graph (1)— counseling, help create a safety plan, first attempt to address a domestic violence (A) to determine the trends, gaps in serv- directly connect the caller with a local situation and that they have not called the ices, and geographical areas of need; and shelter or provide a range of local re- police or any other support services. (B) to assess the trends and gaps in serv- ferral information. Using a massive (6) Between 2000 and 2003, there was a 27 ices to underserved communities and the percent increase in call volume. database listing more than 5,000 serv- military community; and ices nationally, one of 30 full or part- (7) Due to high call volume and limited re- (3) gather other important information sources, approximately 26,000 calls to the about domestic violence. time advocates puts a caller in touch Hotline went unanswered in 2002 due to long (d) REPORT.—Not later than 3 years after immediately with local programs offer- hold times or busy signals. the date of enactment of this Act, the grant- ing shelter and direct care. (8) Widespread demand for the Hotline ee conducting the study under this section I want to share with my colleagues service continues. The Department of Jus- shall submit a report on the results of such two real-life stories from women who tice reported that over 18,000 acts of violence study to Congress and the Attorney General. have called the Hotline. One caller were committed by intimate partners in the SEC. 5. GRANT TO RAISE PUBLIC AWARENESS OF United States each day during 2001. An aver- dialed the Hotline after her boyfriend DOMESTIC VIOLENCE ISSUES. pulled a gun and threatened to kill her age of 3 women are murdered every day in (a) GRANT AUTHORIZED.—Not later than 6 this Country by their husbands or boy- months after the submission of the report re- if she left him. Fearing for her life, she friends. quired under section 4(d), the Attorney Gen- fled with her two young children. They (9) Working with outdated telephone and eral, in consultation with the Secretary of ran to a nearby strip mall where she computer equipment creates many chal- Health and Human Services and the National called the Hotline. As she told a Hot- lenges for the National Domestic Violence Domestic Violence Hotline, shall award a line advocate her story, she watched Hotline. grant to an experienced organization to con- her abuser search for her in every store (10) Improving technology infrastructure duct a public awareness campaign to in- in the mall. Once a local shelter was at the National Domestic Violence Hotline crease the public’s understanding of domes- and training advocates, volunteers, and tic violence issues and awareness of the Na- contacted, arrangements were made to other staff on upgraded technology will dras- tional Domestic Violence Hotline. rescue the woman and her children tically increase the Hotline’s ability to an- (b) APPLICATION.—Each organization desir- from their hiding spot in a back alley swer more calls quickly and effectively. ing to receive a grant under this section behind the restaurant. (11) Partnerships between the public sector shall submit an application to the Attorney An immigrant woman who spoke no and the private sector are an effective way of General, at such time, in such manner, and English called from a community clin- providing necessary technology improve- accompanied by such additional information ic. She had learned that for the past ments to the National Domestic Violence as the Attorney General, in consultation year her abusive husband had been rap- Hotline. with the Secretary of Health and Human (12) The Connections Campaign is a project Services and the National Domestic Violence ing their 15-year-old daughter. Her hus- that unites nonprofit organizations, major Hotline, may reasonably require. band had no idea she was calling the corporations, and Federal agencies to launch SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Hotline. He had kept her so isolated on a major new initiative to help ensure that (a) IN GENERAL.—There are authorized to the ranch where they lived that she the National Domestic Violence Hotline can be appropriated, for each of the fiscal years didn’t even know her address. While answer every call with upgraded, proficient, 2005 and 2006— the woman stayed on the line, an advo- and sophisticated technology tools. (1) $500,000 to carry out section 3; cate contacted the sheriff’s office and SEC. 3. TECHNOLOGY GRANT TO NATIONAL DO- (2) $250,000 to carry out section 4; and together they pieced together enough MESTIC VIOLENCE HOTLINE. (3) $800,000 to carry out section 5. (a) IN GENERAL.—The Attorney General, in (b) AVAILABILITY.—Any amounts appro- information to figure out her address. consultation with the Secretary of Health priated pursuant to the authority of sub- The sheriff made plans to confirm the and Human Services, shall award a grant to section (a) shall remain available until ex- child abuse at the daughter’s school, the National Domestic Violence Hotline. pended. after which the husband would be ar- (b) USE OF FUNDS.—The grant awarded (c) NONEXCLUSIVITY.—Nothing in this sec- rested immediately. After completing under subsection (a) shall be used to provide tion shall be construed to limit or restrict the exchange with the sheriff’s office, technology and telecommunication training the National Domestic Violence Hotline to the advocate contacted the nearest and assistance for advocates, volunteers, apply for and obtain Federal funding from staff, and others affiliated with the Hotline any other agency or department or any other shelter and arranged to pick up the so that such persons are able to effectively Federal grant program. woman and her daughter at the clinic. use improved equipment made available (d) NO CONDITION ON APPROPRIATIONS.— These are real women who we see through the Connections Campaign. Amounts appropriated pursuant to sub- every day at work, at the grocery store

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.068 S10PT1 S2558 CONGRESSIONAL RECORD — SENATE March 10, 2004 and at the school parking lot whose advocates so that they may effectively Mr. INHOFE. Madam President, I rise lives have been dramatically changed, use the improved equipment provided today to introduce the Life at Concep- in part, by that first call to the Na- by the Connections Campaign. In addi- tion Act. This bill is of utmost impor- tional Domestic Violence Hotline. Cre- tion, the Act creates a new research tance to future generations in Amer- ated by the Violence Against Women grant program to be administered by ica. Quite simply, it implements equal Act, the Hotline answered its first call the Attorney General that will review protection under the Fourteenth on February 21, 1996, and its one mil- and analyze data generated by the Hot- Amendment of the Constitution for lionth call on August 4, 2003. In the line. Taking into consideration needs every born and pre-born person. It pro- past decade we’ve witnessed a sea of for caller confidentiality and security, tects Americans’ right to life by defin- change in how Americans view domes- researchers will study Hotline data to ing the term ‘‘human person’’ as an in- tic violence. It is no longer treated as determine the trends, potential gaps in dividual at all stages of life, including, a private, family matter, but as a pub- service and geographical areas of need. but not limited to, the moment of con- lic crime. As public awareness has Within three years of enactment, re- ception. grown—as the Hotline’s telephone searchers will release a comprehensive The Constitution’s Fourteenth number is posted on bus billboards and Hotline study to Congress and the At- Amendment grants that no ‘‘state de- websites, in school offices and doctor’s torney General. Finally, my bill pro- prive any person of life, liberty, or waiting rooms—there has been a dra- vides an $800,000 grant program for the property, without due process of law; matic increase in calls. Between 2000 Hotline to increase public awareness nor deny to any person within its juris- and 2001 alone, call volume increased about domestic violence and the Hot- diction the equal protection of the by 18.5 percent. In 2002, the Hotline an- line’s services. laws.’’ Furthermore, it grants ‘‘Con- swered almost 180,000 calls, an increase One hand clapping simply does not gress shall have power to enforce, by of 7.5 percent from the previous year. make enough noise. Federal, State and appropriate legislation, the provisions The Department of Defense recently re- local government cannot always supply of this article.’’ It is time that we, the quested that the Hotline accept calls all the answers and resources to re- Congress, start enforcing this provi- from military personnel—a move that solve our communities’ pressing prob- sion, start defending the Constitution, will certainly increase the call volume lems. Today’s Connections Campaign and start defending American lives. substantially. recognizes that big problems warrant Even the Justices in the 1973 Roe v. While the majority of the Hotline’s grand, collaborative solutions. Co- Wade decision conceded this point by day-to-day operating costs are paid operation between the Federal Govern- making the admission: ‘‘If this sugges- with Federal dollars designated in an- ment and the private sector is critical tion of personhood is established, the appellant’s case [Roe], of course, col- nual spending bills, funding has not to enhance the National Domestic Vio- lapses, for the fetus’ right to life is kept pace with the growing call volume lence Hotline. and the Hotline’s technology and tele- A cornerstone of the Violence then guaranteed specifically by the communication needs. This year, the Against Women Act was my conviction [Fourteenth] Amendment.’’ Our Con- stitution is designed to protect the spending bill appropriated only three that ending domestic violence and sex- rights of all Americans, and give them million dollars to the Hotline. Older ual assault required a coordinated, the right to live and succeed. Right equipment, coupled with increased community response. We worked hard now, significant portions of Americans, usage, has set the Hotline up to experi- to ensure that emergency room per- who have no voice, are being killed, de- ence frequent problems with the net- sonnel, police officers, victim advo- spite the explicit protections in the work, data corruption and the lurking cates, shelter directors and court Fourteenth Amendment. Since 1973, threat of a crash in the entire system. clerks worked together to implement more than 44 million babies have been The Hotline tries to answer almost 500 the many mandates of the Violence sentenced to death without trial. We calls a day with old computers and Against Women Act. The Connections servers. Because the system is out- cannot tolerate this atrocity. Campaign is Act Two. We are now ask- Additionally, a 1999 Wirthlin poll dated and the staff is stretched thin, ing that the corporate community get found that 62 percent of Americans over 26,000 calls last year went unan- actively involved to strengthen a key support legal abortion only in cases of swered due to long hold times or busy safety net for women and their fami- rape, incest, or if the mother’s life is in signals. lies, the National Domestic Violence We need to answer each and every danger. How can we stand by and let so Hotline. many children die even when public one of the calls to the Hotline. Today I Today’s legislation and the kick-off am launching an innovative and far- opinion is on our side? It is our role as is just the beginning of what I envision legislators to uphold and enforce the reaching solution to the Hotline’s prob- to be a lasting connection between the Constitution, and it is our role as hu- lems, the Connections Campaign. The Hotline and the technology and tele- mans to defend those who cannot de- Connections Campaign is a public/pri- communications community. I look fend themselves. I urge my colleagues vate partnership that teams up private forward to coming back to the Senate to follow their conscience, support this telecommunication and technology floor to inform my colleagues about bill, and do what is right for America companies with the Federal Govern- the new computers, wireless headsets, and for humanity. ment to solve the Hotline’s crisis. upgraded software and other tech- Under the Connections Campaign, the nology that could be provided to the By Mr. HATCH (for himself, Mr. same companies—Microsoft, Sony, Hotline through the Connections Cam- LEAHY, Mr. KOHL, and Mr. FEIN- BellSouth, Verizon Wireless, IBM, paign. In the meantime, let me close by GOLD): Nortel Networks, Dell and others—that commending and expressing my grati- S. 2192. A bill to amend title 35, supply Americans with home com- tude to Sheryl Cates, the director of United States Code, to promote cooper- puters, cell phones and telephone serv- the Hotline and her dedicated staff who ative research involving universities, ice are donating hardware and software are providing the first step to safe, new the public sector, and private enter- to the Hotline. Items like mapping lives for millions of battered women. prises; to the Committee on the Judici- software, networked computers, serv- They are truly doing God’s work. ary. ers, flat-screened monitors and tele- I ask unanimous consent that the Mr. HATCH. Mr. President, I rise to phone airtime are being pledged to the text of the bill be printed in the introduce the Cooperative Research Hotline. This is just the beginning of a RECORD. and Technology Enhancement Act of multi-year, multi-million dollar initia- 2004 (the CREATE Act). This bill tive to place the Hotline squarely in By Mr. INHOFE: makes a narrow, but important change the twenty-first century. S. 2190. A bill to implement equal in our patent laws to ensure that the On the public side of the partnership, protection under the 14th article of American public will benefit from the I am proud to introduce the Domestic amendment to the Constitution for the results of collaborative research efforts Violence Connections Campaign Act of right to life of each born and preborn that combine the erudition of great 2004 which will provide a million dol- human person; to the Committee on public universities with the entrepre- lars to train and assist the Hotline’s the Judiciary. neurial savvy of private enterprises.

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.060 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2559 Together, our universities and pri- SECTION 1. SHORT TITLE. is owed in large measure to the Bayh- vate enterprises have created a culture This Act may be cited as the ‘‘Cooperative Dole Act. The innovation this law en- of innovation that has become Amer- Research and Technology Enhancement couraged has contributed billions of ica’s greatest asset in an increasingly (CREATE) Act of 2004’’. dollars annually to the United States SEC. 2. COLLABORATIVE EFFORTS ON CLAIMED global economy. This culture of inno- INVENTIONS. economy and has produced hundreds of vation encourages fundamental re- Section 103(c) of title 35, United States thousands of jobs. search—knowledge for its own sake. It Code, is amended to read as follows: However, one component of the also encourages the hard work needed ‘‘(c)(1) Subject matter developed by an- Bayh-Dole Act, when read literally, to incorporate new advances in tech- other person, which qualifies as prior art runs contrary to the intent of that leg- nology into actual products that reach only under one or more of subsections (e), (f), islation. In 1999, the United States the market and benefit consumers. and (g) of section 102 of this title, shall not Court of Appeal for the Federal Circuit preclude patentability under this section While universities and private entre- ruled, in Oddzon Products, Inc. v. Just where the subject matter and the claimed in- Toys, Inc., that non-public information preneurs can play complementary roles vention were, at the time the claimed inven- in our innovation economy, new oppor- tion was made, owned by the same person or may in certain cases be considered tunities to innovate arise when public subject to an obligation of assignment to the ‘‘prior art’’ a standard which generally institutions and private entrepreneurs same person. prevents an inventor from obtaining a combine their respective forms of ex- ‘‘(2) For purposes of this subsection, sub- patent. Thus some collaborative teams pertise in collaborative, joint research ject matter developed by another person and that the Bayh-Dole Act was intended efforts. President Lincoln would surely a claimed invention shall be deemed to have to encourage have been unable to ob- been owned by the same person or subject to agree that this type of joint private- tain patents for their efforts. The re- an obligation of assignment to the same per- sult is a disincentive to form this type public research effort is well-suited to son if— add ‘‘the fuel of interest to the fire of ‘‘(A) the claimed invention was made by or of partnership, which could have a neg- genius in the production of new and on behalf of parties to a joint research agree- ative impact on the U.S. economy and useful things.’’ ment that was in effect on or before the date hamper the development of new cre- As a result, we have long realized the the claimed invention was made; ations. ‘‘(B) the claimed invention was made as a enormous value of these joint research However, the Federal circuit in its result of activities undertaken within the ruling invited Congress to better con- efforts, and we have long realized that scope of the joint research agreement; and their potential cannot be realized un- form the language of the Bayh-Dole ‘‘(C) the application for patent for the Act to the intent of the legislation. less their participants can benefit from claimed invention discloses or is amended to the intellectual property rights gen- disclose the names of the parties to the joint The ‘‘CREATE Act’’ does exactly that erated by such research. Unfortu- research agreement. by ensuring that non-public informa- nately, the literal language of Section ‘‘(3) For purposes of paragraph (2), the tion is not considered ‘‘prior art’’ when 102(g) of the Patent Act suggests that term ‘joint research agreement’ means a the information is used in a collabo- written contract, grant, or cooperative non-public information known to some rative partnership under the Bayh-Dole agreement entered into by two or more per- Act. The bill that my colleagues and I members of a private-public research sons or entities for the performance of exper- team can constitute ‘‘prior art’’ that are today offering also includes strict imental, developmental, or research work in evidentiary burdens to ensure that the may make the final results of the team the field of the claimed invention.’’. research obvious, and thus not patent- legislation is tailored narrowly in SEC. 3. EFFECTIVE DATE. order to solely fulfill the intent of the able. Because non-public information (a) IN GENERAL.—The amendments made by does not usually constitute ‘‘prior art’’ this Act shall apply to any patent granted on Bayh-Dole Act. I ask that my col- under the Patent Act, the potentially or after the date of the enactment of this leagues support the ‘‘Cooperative Re- disparate treatment of such informa- Act. search and Technology Enhancement tion crates a disincentive for entre- (b) SPECIAL RULE.—The amendments made Act of 2004.’’ by this Act shall not affect any final decision preneurs and public institutions to col- of a court or the United States Patent and By Ms. SNOWE (for herself and laborate in joint research efforts. Trademark Office rendered before the date of Mr. BOND): I believe that we must encourage— the enactment of this Act, and shall not af- S. 2193. A bill to improve small busi- not discourage—public institutions and fect the right of any party in any action ness loan programs, and for other pur- private entrepreneurs to combine their pending before the United States Patent and poses; to the Committee on Small Busi- respective talents in joint research ef- Trademark Office or a court on the date of the enactment of this Act to have that par- ness and Entrepreneurship. forts. Indeed, Congress committed ty’s rights determined on the basis of the Ms. SNOWE. Mr. President, I rise to itself to this principle when it passed provisions of title 35, United States Code, in introduce a bill to revitalize a loan the Bayh-Dole Amendments to the Pat- effect on the day before the date of the en- program crucial to the growth of small ent Act. The CREATE Act will simply actment of this Act. businesses in this country, and there- conform the present language of the Mr. LEAHY. Madam President, the fore crucial to our country’s economy. Patent Act to the intent that has al- United States has from its inception This bill, the ‘‘Smart Business Loan ways animated it. recognized the importance of intellec- Revitalization Act of 2004,’’ provides For the above reasons, I urge my col- tual property laws in fostering innova- improvements to the Small Business leagues to support the Cooperative Re- tion, and vested in Congress the re- Administration’s largest business loan search and Technology Enhancement sponsibility of crafting laws that en- program, the ‘‘Section 7(a)’’ program. Act of 2004. I also thank my colleagues sure that those who produce inventions This program proves that a small in the House Committee on the Judici- are able to reap economic rewards for amount of government backing can ary, particularly Subcommittee Chair- their efforts. Today, Senator HATCH, greatly enhance private-sector financ- man LAMAR SMITH and Chairman Senator KOHL, Senator FEINGOLD, and I ing for small businesses, and that the JAMES SENSENBRENNER, for their introduce the ‘‘Cooperative Research economic benefits can reverberate groundbreaking work on this impor- and Technology Enhancement, CRE- throughout the economy at large. More tant issue. ATE, Act of 2004,’’ legislation that will than $46.6 billion in 7(a) loans have I ask unanimous consent that the provide a needed remedy to one aspect been provided to small businesses over text of the bill be printed in the of our nation’s patent laws. the last five Fiscal Years. This financ- RECORD. When Congress passed the Bayh-Dole ing has helped small businesses to cre- Act in 1980, the law encouraged private There being no objection, the bill was ate or retain nearly 2 million more jobs entities and not-for-profits such as uni- over this five-year period. ordered to be printed in the RECORD, as versities to form collaborative partner- Today, we are losing thousands of follows: ships in order to spur innovation. Prior American jobs to outsourcing and off- S. 2192 to the enactment of this law, univer- shore manufacturing. We measure net Be it enacted by the Senate and House of Rep- sities were issued fewer than 250 pat- job increases in the ‘‘few thousands.’’ resentatives of the United States of America in ents each year. That this number has Given these circumstances, it is clearly Congress assembled, in recent years surpassed two thousand to our advantage, and to the advantage

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.053 S10PT1 S2560 CONGRESSIONAL RECORD — SENATE March 10, 2004 of the American people, to support im- development by small businesses. More ‘‘(ii) the term ‘commercial loan’ means a provements to any program that has 7(a) loans represent longer-term loans loan of which no portion is guaranteed by already demonstrated an ability to cre- than similar products available in the the Federal government. ate or retain nearly 400,000 American private capital market, and this allows ‘‘(B) APPLICATION.—A loan guarantee under small businesses to repay their 7(a) this subsection on behalf of a small business jobs a year. concern, which is approved within 120 days of Last year this program provided $11.2 loans more gradually. I applaud the the date on which a commercial loan is ob- billion in loans to small business own- SBA for its desire to make more small tained by the same small business concern, ers and employees in towns and com- loans to entrepreneurs without large shall be subject to the provisions of this munities across America. This year, capital needs, but I also urge the SBA paragraph. however, the SBA only requested a pro- to remember those entrepreneurs and ‘‘(C) COMMERCIAL LOAN AMOUNT.—A small gram size of $9.3 billion. The fact that small businesses who need more financ- business concern shall not be eligible to re- the SBA received a larger appropria- ing to strengthen and grow their enter- ceive combination financing under this para- tion than the $9.3 billion it requested is prise, and to hire more employees. graph unless the commercial loan obtained After encouraging entrepreneurs to by the small business concern does not ex- powerful testament to the popularity ceed $2,000,000. of this program among small busi- start new small businesses, we cannot ‘‘(D) COMMERCIAL LOAN PROVISIONS.—The nesses. The SBA received sufficient ap- afford to forget their small businesses, commercial loan obtained by the small busi- propriations, $79 million, coupled with or profess an inability to assist them ness concern— $22 million in carried-over funds, to when they need additional financing to ‘‘(i) may be made by the participating allow for a $9.55 billion program. grow. lender that is providing financing under this Like last year, however, the demand The benefits of this program are subsection or by a different lender; for program funds in the first few clear. It has the ability to help entre- ‘‘(ii) may be secured by a senior lien; and preneurs to create jobs, to fulfill their ‘‘(iii) may be made by a lender in the Pre- months of Fiscal Year 2004 suggested ferred Lenders Program, if applicable. that requests for the entire year would dreams, and to support their families— all of this while building the kinds of ‘‘(E) COMMERCIAL LOAN FEE.—A one-time most likely exceed $11 billion. As a re- fee in an amount equal to 0.5 percent of the sult, in January, 2004, the SBA shut the energetic businesses our economy so amount of the commercial loan shall be paid program down, and then reopened it desperately needs. The demands for by the lender to the Administration if the with a diminished loan cap of $750,000— this program is also clear. Small busi- commercial loan has a senior credit position 37.5 percent of the $2 million maximum nesses have submitted more applica- to that of the loan guaranteed under this previously available. Faced with these tions than the program could handle so subsection. All proceeds from the loan guar- far this year. The willingness of lenders anteed under this subsection shall be used to restrictions, small businesses have offset the cost (as defined in section 502 of urged Congress and the Administration to pay increased fees to meet the de- mand from small businesses for 7(a) the Credit Reform Act of 1990) to the Admin- to make the program fully operational istration of guaranteeing loans under this for the rest of 2004. loans is clear evidence the program subsection. To this end, I have worked with a co- works and remains attractive to lend- ‘‘(F) DEFERRED PARTICIPATION LOAN ELIGI- alition of small businesses and lenders ers. BILITY.— to construct a plan to improve the pro- The question we must answer now is ‘‘(i) MAXIMUM AMOUNT.—A small business gram for the remainder of this Fiscal whether we are willing to respond to concern may not receive combination financ- Year. The plan would allow lenders to small businesses and lenders and im- ing under this paragraph in an amount plement a solution which they have greater than $4,000,000. help alleviate the funding shortfall. It ‘‘(ii) NET AMOUNT.—The net amount of the would benefit small businesses and asked for, and which promises divi- dends for all involved, or whether we deferred participation share shall not exceed lenders by allowing loans larger than will ignore their requests, and miss an the maximum amount of a net guarantee $750,000, and by allowing loans with provided under paragraph (3)(A). opportunity to transform a loan pro- multiple participations. ‘‘(G) DEFERRED PARTICIPATION LOAN SECU- The bill would achieve these goals in gram that sustains almost 400,000 jobs RITY.—A loan guaranteed under this sub- three ways. First, lenders would return a year into an initiative capable of cre- section may be secured by a subordinated to the SBA a fee of 0.25 percent (or one- ating two, three, four or even five lien. quarter of one percent) of new loans times that amount. I don’t want to ‘‘(H) AVAILABILITY.—Combination financ- miss that opportunity, my constitu- ing shall be available under this paragraph under $150,000, a fee that lenders are ents in Maine can’t afford to miss that notwithstanding any maximum limitation currently permitted to retain. Lenders opportunity, and I don’t believe that on loans imposed by the Administration.’’. may only retain this fee for loans of your constituents can either. Almost (b) SUNSET DATE.—The amendment made $150,000 or less—for loans greater than by subsection (a) shall take effect on the every company listed today on the that size, lenders must return the fee first day after the date of enactment of this American Stock Exchange began as a to the SBA, as they have been required Act and is repealed on October 1, 2004. small business. In the short term, this to do since the inception of the pro- SEC. 3. LOAN GUARANTEE FEES. bill may save American jobs. But in gram. This proposal was first made by (a) IN GENERAL.—Section 7(a) of the Small the long term, it may save the Amer- the SBA, as part of a larger plan the Business Act (15 U.S.C. 636(a)) is amended— ican economy. SBA recently submitted to Congress. (1) in paragraph (18)(B), by adding at the I ask unanimous consent that the end the following: ‘‘This subparagraph shall Second, a lender fee on new loans text of the bill be printed in the not apply to any loan approved during the would be increased from 0.25 percent, RECORD. period beginning on the first day after the one-quarter of one percent, to 0.35 per- There being no objection, the bill was date of enactment of paragraph (23)(A)(iii) cent. Finally, lenders would be per- ordered to be printed in the RECORD, as and ending on September 30, 2004.’’; and mitted to provide small businesses follows: (2) in paragraph (23), by amending subpara- with financing packages that include a graph (A) to read as follows: 7(a) loan portion and a non-7(a), a S. 2193 ‘‘(A) PERCENTAGE.— strictly commercial portion, if the Be it enacted by the Senate and House of Rep- ‘‘(i) IN GENERAL.—With respect to each loan resentatives of the United States of America in guaranteed under this subsection, the Ad- lenders paid the normal fees on the 7(a) Congress assembled, ministrator shall, in accordance with such loan portion and a 0.50 percent fee on SECTION 1. SHORT TITLE. terms and procedures as the Administrator the non-7(a) portion. Prior to January This Act may be cited as the ‘‘Small Busi- shall establish by regulation, assess and col- 2004, the SBA permitted this type of fi- ness Loan Revitalization Act’’ . lect an annual fee in an amount equal to 0.5 nancing, but without receiving any fee SEC. 2. COMBINATION FINANCING. percent of the outstanding balance of the de- income for the non-7(a) portion, and (a) IN GENERAL.—Section 7(a) of the Small ferred participation share of the loan. without an upper limit on the total fi- Business Act (15 U.S.C. 636(a)) is amended by ‘‘(ii) FIRST TEMPORARY PERCENTAGE.—With nancing, which I have set at $4 million. adding at the end the following: respect to loans approved during the period The ability of small businesses to re- ‘‘(31) COMBINATION FINANCING.— beginning on October 1, 2002 and ending on ‘‘(A) DEFINITIONS.—In this paragraph— the date of enactment of this clause, the an- ceive loans larger than $750,000 is a pre- ‘‘(i) the term ‘combination financing’ nual fee assessed and collected under clause requisite to reviving the American means financing comprised of a loan guaran- (i) shall be equal to 0.25 percent of the out- economy. These loans provide needed teed under this subsection and a commercial standing balance of the deferred participa- capital for significant purchases and loan; and tion share of the loan.

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‘‘(iii) SECOND TEMPORARY PERCENTAGE.— Whereas the cost of special education pro- KENNEDY, Mr. SARBANES, Mr. ROCKEFELLER, During the period beginning on the first day grams for school-aged children with autism Mr. CORZINE, Ms. STABENOW, Mr. HARKIN, after the date of enactment of this clause is often more than $30,000 per individual per Mrs. BOXER, Mr. DURBIN, and Mr. KOHL) sub- and ending on September 30, 2004, the annual year; mitted an amendment intended to be pro- fee assessed and collected under clause (i) Whereas the cost nationally of caring for posed by him to the concurrent resolution S. shall be equal to 0.35 percent of the out- persons affected by autism is estimated at Con. Res. 95, supra; which was ordered to lie standing balance of the deferred participa- more than $90,000,000,000 per year; and on the table. tion share of the loan.’’. Whereas despite the fact that autism is one SA 2721. Mr. NELSON of Florida submitted (b) EFFECTIVE DATE.—The amendments of the most common developmental dis- an amendment intended to be proposed by made by subsection (a) shall take effect on orders, many professionals in the medical him to the concurrent resolution S. Con. the first day after the date of enactment of and educational fields are still unaware of Res. 95, supra; which was ordered to lie on this Act and are repealed on October 1, 2004. the best methods to diagnose and treat the the table. SEC. 4. RECONSIDERATION OF LOAN APPLICA- disorder: Now, therefore, be it SA 2722. Mr. NELSON of Florida submitted TIONS REJECTED BASED ON LOAN Resolved, That the Senate— an amendment intended to be proposed by AMOUNT. (1) supports the establishment of April as him to the concurrent resolution S. Con. (a) CONSIDERATION OF LOAN APPLICATION National Autism Awareness Month; Res. 95, supra; which was ordered to lie on SUBMITTED BEFORE JANUARY 8, 2004.—Begin- (2) recognizes and commends the parents the table. ning on the first day after the date of enact- and relatives of children with autism for SA 2723. Mr. NELSON of Florida submitted ment of this Act, the Small Business Admin- their sacrifice and dedication in providing an amendment intended to be proposed by istration shall reconsider any application for the special needs of children with autism him to the concurrent resolution S. Con. submitted on or after December 23, 2003 and and for absorbing significant financial costs Res. 95, supra; which was ordered to lie on before January 8, 2004, under section 7(a) of for specialized education and support serv- the table. the Small Business Act (15 U.S.C. 636(a)) that ices; SA 2724. Mr. NELSON of Florida submitted was rejected based on the loan amount re- (3) supports the goal of increasing Federal an amendment intended to be proposed by quested before considering any other appli- funding for aggressive research to learn the him to the concurrent resolution S. Con. cation if the applicant is otherwise eligible root causes of autism, identify the best Res. 95, supra; which was ordered to lie on for financial assistance under that section. methods of early intervention and treat- the table. (b) EXPORT WORKING CAPITAL.—Any small ment, expand programs for individuals with SA 2725. Mr. KENNEDY (for himself, Mr. business that received financing under sec- autism across their lifespan, and promote DODD, Mrs. CLINTON, Mr. CORZINE, Ms. tion 7(a)(14) of the Small Business Act (15 understanding of the special needs of people STABENOW, Mr. LAUTENBERG, Mr. SCHUMER, U.S.C. 636(a)(14)) before January 1, 2004, and with autism; Mr. REED, Ms. MIKULSKI, Mr. KOHL, Mrs. LIN- requests a renewal of such financing, shall (4) commends the Department of Health COLN, Mr. LEVIN, Mr. LIEBERMAN, and Mr. have their request approved regardless of the and Human Services for the swift implemen- REID) submitted an amendment intended to size of such financing (subject to the limita- tation of the Children’s Health Act of 2000, be proposed by him to the concurrent resolu- tions in section 7(a)(3) of such Act) if the particularly for establishing 4 ‘‘Centers of tion S. Con. Res. 95, supra; which was or- small business is otherwise eligible for such Excellence’’ at the Centers for Disease Con- dered to lie on the table. financing under that section. trol and Prevention to study the epidemi- SA 2726. Mr. BIDEN (for himself, Mr. (c) MAXIMUM LOAN AMOUNT.—Ten days ology of autism and related disorders and the LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. after the date of enactment of this Act, the proposed ‘‘Centers of Excellence’’ at the Na- KENNEDY, Mr. SARBANES, Mr. ROCKEFELLER, Small Business Administration shall allow tional Institutes of Health for autism re- Mr. CORZINE, Ms. STABENOW, Mr. HARKIN, loans under section 7 of the Small Business search; Mrs. BOXER, Mr. DURBIN, Mr. KOHL, and Mr. Act (15 U.S.C. 636) up to the maximum (5) stresses the need to begin early inter- DODD) submitted an amendment intended to amount permitted under the Small Business vention services soon after a child has been be proposed by him to the concurrent resolu- Act. diagnosed with autism, noting that early tion S. Con. Res. 95, supra; which was or- intervention strategies are the primary f dered to lie on the table. therapeutic options for young people with SA 2727. Mr. SANTORUM (for himself, Mr. SUBMITTED RESOLUTIONS autism, and early intervention significantly CONRAD, and Mr. BUNNING) submitted an improves outcomes for people with autism amendment intended to be proposed by him and can reduce the level of funding and serv- to the bill S. 1637, to amend the Internal SENATE RESOLUTION 317—RECOG- ices needed later in life; Revenue Code of 1986 to comply with the NIZING THE IMPORTANCE OF IN- (6) supports the Federal Government’s World Trade Organization rulings on the nearly 30-year-old commitment to provide CREASING AWARENESS OF AU- FSC/ETI benefit in a manner that preserves States with 40 percent of the costs needed to jobs and production activities in the United TISM SPECTRUM DISORDERS, educate children with disabilities under part SUPPORTING PROGRAMS FOR IN- States, to reform and simplify the inter- B of the Individuals with Disabilities Edu- national taxation rules of the United States, CREASED RESEARCH AND IM- cation Act (IDEA); and for other purposes; which was ordered to PROVED TREATMENT OF AU- (7) recognizes the shortage of appropriately lie on the table. TISM, AND IMPROVING TRAINING trained teachers who have the skills and sup- SA 2728. Mr. STEVENS (for himself, Mr. AND SUPPORT FOR INDIVIDUALS port necessary to teach, assist, and respond INOUYE, and Mr. WARNER) submitted an WITH AUTISM AND THOSE WHO to special needs students, including those amendment intended to be proposed by him with autism, in our school systems; and to the concurrent resolution S. Con. Res. 95, CARE FOR INDIVIDUALS WITH (8) recognizes the importance of worker AUTISM setting forth the congressional budget for training programs that are tailored to the the United States Government for fiscal year Mr. HAGEL submitted the following needs of developmentally disabled persons, 2005 and including the appropriate budgetary resolution; which was referred to the including those with autism, and notes that levels for fiscal years 2006 through 2009; Committee on Health, Education, people with autism can be, and are, produc- which was ordered to lie on the table. Labor, and Pensions: tive members of the workforce if they are SA 2729. Mr. LEVIN (for himself and Mr. given appropriate support, training, and JEFFORDS) submitted an amendment in- S. RES. 317 early intervention services. tended to be proposed by him to the concur- Whereas the Autism Society of America, f rent resolution S. Con. Res. 95, supra; which Cure Autism Now, the National Alliance for was ordered to lie on the table. Autism Research, Unlocking Autism, and AMENDMENTS SUBMITTED AND SA 2730. Mr. LEVIN submitted an amend- numerous other organizations commemorate PROPOSED ment intended to be proposed by him to the April as National Autism Awareness Month; SA 2719. Mrs. MURRAY (for herself, Mr. concurrent resolution S. Con. Res. 95, supra; Whereas autism is a developmental dis- KENNEDY, Mr. LIEBERMAN, Ms. MIKULSKI, Mr. which was ordered to lie on the table. order that is typically diagnosed during the CORZINE, Mr. LEVIN, Mr. DODD, Ms. SA 2731. Mr. GRAHAM of South Carolina first 3 years of life, robbing individuals of STABENOW, Mrs. CLINTON, Mr. KERRY, Mr. (for himself, Mr. DASCHLE, Mr. BUNNING, Mr. their ability to communicate and interact HARKIN, Mr. SCHUMER, Mr. PRYOR, Mr. REED, LEAHY, Mrs. CLINTON, Mr. DEWINE, Mr. with others; Mr. KOHL , Mr. DAYTON, Ms. LANDRIEU, Mr. CHAMBLISS, Mr. ALLEN, Mrs. MURRAY, Mr. Whereas autism affects an estimated 1 in SARBANES, Mr . BINGAMAN, and Mrs. LINCOLN) KENNEDY, Mrs. LINCOLN, Mr. DAYTON, Ms. every 250 children in America; proposed an amendment to the concurrent MURKOWSKI, Ms. MIKULSKI, Mr. FEINGOLD, Whereas autism is 4 times more likely in resolution S. Con. Res. 95, setting forth the and Mr. MILLER) proposed an amendment to boys than in girls, and can affect anyone, re- congressional budget for the United States the concurrent resolution S. Con. Res. 95, gardless of race, ethnicity, or other factors; Government for fiscal year 2005 and includ- supra. Whereas the cost of specialized treatment ing the appropriate budgetary levels for fis- SA 2732. Mrs. HUTCHISON (for herself, Ms. in a developmental center for people with cal years 2006 through 2009. LANDRIEU, Mr. BREAUX, and Mr. LOTT) sub- autism is approximately $80,000 per indi- SA 2720. Mr. BIDEN (for himself, Mr. mitted an amendment intended to be pro- vidual per year; LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. posed by her to the concurrent resolution S.

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Con. Res. 95, supra; which was ordered to lie posed an amendment to the concurrent reso- KOHL) submitted an amendment intended to on the table. lution S. Con. Res. 95, supra. be proposed by him to the concurrent resolu- SA 2733. Mr. SESSIONS (for himself and SA 2749. Mr. GRAHAM of Florida (for him- tion S. Con. Res. 95, supra; which was or- Mr. CORNYN) submitted an amendment in- self and Mrs. CLINTON) submitted an amend- dered to lie on the table. tended to be proposed by him to the concur- ment intended to be proposed by him to the SA 2763. Mr. BREAUX (for himself and Mr. rent resolution S. Con. Res. 95, supra; which concurrent resolution S. Con. Res. 95, supra; LOTT) submitted an amendment intended to was ordered to lie on the table. which was ordered to lie on the table. be proposed by him to the bill S. 1637, to SA 2734. Mr. REID (for himself, Mrs. LIN- SA 2750. Mr. FEINGOLD (for himself, Mr. amend the Internal Revenue Code of 1986 to COLN, Mr. SCHUMER, Ms. CANTWELL, Mr. DAY- CORZINE, and Mr. DURBIN) submitted an comply with the World Trade Organization TON, Mr. KERRY, Mr. ROCKEFELLER, Mr. amendment intended to be proposed by him rulings on the FSC/ETI benefit in a manner DASCHLE, Ms. LANDRIEU, Mr. CORZINE, Mr. to the concurrent resolution S. Con. Res. 95, that preserves jobs and production activities NELSON of Florida, Mr. BIDEN, Mr. JEFFORDS, supra; which was ordered to lie on the table. in the United States, to reform and simplify Mr. GRAHAM of Florida, Mrs. MURRAY, Mr. SA 2751. Mr. BAUCUS (for himself, Mr. the international taxation rules of the BINGAMAN, Mr. AKAKA, and Mr. JOHNSON) DASCHLE, Mr. LIEBERMAN, Mr. JEFFORDS, United States, and for other purposes; which submitted an amendment intended to be pro- Mrs. FEINSTEIN, Mr. BINGAMAN, Mrs. MUR- was ordered to lie on the table. posed by him to the concurrent resolution S. RAY, and Mr. ROCKEFELLER) submitted an SA 2764. Mr. BREAUX (for himself and Mr. Con. Res. 95, supra; which was ordered to lie amendment intended to be proposed by him HATCH) submitted an amendment intended to on the table. to the concurrent resolution S. Con. Res. 95, be proposed by him to the bill S. 1637, supra; SA 2735. Mr. BYRD (for himself, Mr. supra. which was ordered to lie on the table. SA 2752. Mr. PRYOR submitted an amend- CONRAD, Mr. BAUCUS, and Mr. HARKIN) pro- SA 2765. Mr. BINGAMAN submitted an ment intended to be proposed by him to the posed an amendment to the concurrent reso- amendment intended to be proposed by him concurrent resolution S. Con. Res. 95, supra; lution S. Con. Res. 95, supra. to the concurrent resolution S. Con. Res. 95, SA 2736. Mr. DORGAN submitted an which was ordered to lie on the table. setting forth the congressional budget for SA 2753. Mrs. FEINSTEIN (for herself, Mr. amendment intended to be proposed by him the United States Government for fiscal year HOLLINGS, Mr. CORZINE, Mr. BREAUX, Mr. to the concurrent resolution S. Con. Res. 95, 2005 and including the appropriate budgetary SCHUMER, Mr. DODD, Mr. BIDEN, Ms. MIKUL- supra; which was ordered to lie on the table. levels for fiscal years 2006 through 2009; SKI, Mrs. MURRAY, and Mr. GRAHAM of Flor- SA 2737. Ms. CANTWELL (for herself, Mr. which was ordered to lie on the table. ida) submitted an amendment intended to be SA 2766. Mr. BINGAMAN (for himself, Mr. KENNEDY, and Mr. SARBANES) submitted an proposed by her to the concurrent resolution HATCH, Mr. BREAUX, and Mrs. LINCOLN) sub- amendment intended to be proposed by her S. Con. Res. 95, supra; which was ordered to mitted an amendment intended to be pro- to the concurrent resolution S. Con. Res. 95, lie on the table. posed by him to the bill S. 1637, to amend the supra; which was ordered to lie on the table. SA 2754. Mrs. FEINSTEIN (for herself, Mr. Internal Revenue Code of 1986 to comply SA 2738. Ms. CANTWELL (for herself, Mr. KYL, Mr. BINGAMAN, Mrs. HUTCHISON, Mr. with the World Trade Organization rulings KENNEDY, and Mr. SARBANES) submitted an KENNEDY, Mr. CORNYN, Mrs. BOXER, Mr. on the FSC/ETI benefit in a manner that pre- amendment intended to be proposed by her DOMENICI, Mrs. CLINTON, Mr. MCCAIN, Mr. serves jobs and production activities in the to the concurrent resolution S. Con. Res. 95, SCHUMER, Mr. GRAHAM of Florida, Mr. LAU- United States, to reform and simplify the supra; which was ordered to lie on the table. TENBERG, Ms. CANTWELL, Mr. CORZINE, Mr. international taxation rules of the United SA 2739. Mr. SPECTER (for himself, Mr. FEINGOLD, Mr. EDWARDS, and Mr. ALEX- States, and for other purposes; which was or- COCHRAN, Mr. HARKIN, and Mr. BYRD) sub- ANDER) submitted an amendment intended to dered to lie on the table. mitted an amendment intended to be pro- be proposed by her to the concurrent resolu- SA 2767. Mr. BINGAMAN (for himself and posed by him to the concurrent resolution S. tion S. Con. Res. 95, supra; which was or- Mrs. HUTCHISON) submitted an amendment Con. Res. 95, supra; which was ordered to lie dered to lie on the table. intended to be proposed by him to the bill S. on the table. SA 2755. Mr. HATCH (for himself and Mr. 1637, supra; which was ordered to lie on the SA 2740. Mr. SPECTER (for himself and BINGAMAN) submitted an amendment in- table. Mr. HARKIN) submitted an amendment in- tended to be proposed by him to the bill S. SA 2768. Mr. LIEBERMAN (for himself, Mr. tended to be proposed by him to the concur- 1637, to amend the Internal Revenue Code of SCHUMER, Ms. MIKULSKI, Mr. LAUTENBERG, rent resolution S. Con. Res. 95, supra; which 1986 to comply with the World Trade Organi- Mr. BIDEN, Mrs. MURRAY, Mr. KENNEDY, Mr. was ordered to lie on the table. zation rulings on the FSC/ETI benefit in a CORZINE, Mr. LEVIN, Mr. KOHL, Mrs. BOXER, SA 2741. Mr. SPECTER submitted an manner that preserves jobs and production Mr. DODD, Mr. JOHNSON, Mr. AKAKA, Mr. amendment intended to be proposed by him activities in the United States, to reform DURBIN, Mr. LEAHY, and Mr. KERRY) sub- to the concurrent resolution S. Con. Res. 95, and simplify the international taxation rules mitted an amendment intended to be pro- supra; which was ordered to lie on the table. of the United States, and for other purposes; posed by him to the concurrent resolution S. SA 2742. Mr. WARNER (for himself, Mr. which was ordered to lie on the table. Con. Res. 95, setting forth the congressional STEVENS, Mr. MCCAIN, Mr. INHOFE, Mr. ROB- SA 2756. Mr. HATCH (for himself, Mr. budget for the United States Government for ERTS, Ms. COLLINS, Mr. CHAMBLISS, Mr. BREAUX, and Mrs. LINCOLN) submitted an fiscal year 2005 and including the appropriate GRAHAM of South Carolina, Mr. TALENT, Mr. amendment intended to be proposed by him budgetary levels for fiscal years 2006 through CRAIG, and Mr. ALLEN) proposed an amend- to the bill S. 1637, supra; which was ordered 2009; which was ordered to lie on the table. ment to the concurrent resolution S. Con. to lie on the table. SA 2769. Mr. BYRD submitted an amend- Res. 95, supra. SA 2757. Mr. FEINGOLD (for himself, Mr. ment intended to be proposed by him to the SA 2743. Mr. ROCKEFELLER (for himself, CORZINE, and Mr. DURBIN) submitted an concurrent resolution S. Con. Res. 95, supra; Mr. WYDEN, Mr. KENNEDY, Mrs. MURRAY, and amendment intended to be proposed by him which was ordered to lie on the table. Mr. SCHUMER) submitted an amendment in- to the concurrent resolution S. Con. Res. 95, SA 2770. Mr. CHAMBLISS submitted an tended to be proposed by him to the concur- setting forth the congressional budget for amendment intended to be proposed by him rent resolution S. Con. Res. 95, supra; which the United States Government for fiscal year to the concurrent resolution S. Con. Res. 95, was ordered to lie on the table. 2005 and including the appropriate budgetary supra; which was ordered to lie on the table. SA 2744. Mr. NELSON of Florida submitted levels for fiscal years 2006 through 2009; SA 2771. Mr. HATCH (for himself and Mr. an amendment intended to be proposed by which was ordered to lie on the table. BIDEN) submitted an amendment intended to him to the concurrent resolution S. Con. SA 2758. Mr. LAUTENBERG (for himself be proposed by him to the concurrent resolu- Res. 95, supra; which was ordered to lie on and Mr. DORGAN) submitted an amendment tion S. Con. Res. 95, supra; which was or- the table. intended to be proposed by him to the con- dered to lie on the table. SA 2745. Mr. NELSON of Florida (for him- current resolution S. Con. Res. 95, supra; SA 2772. Mr. DURBIN submitted an amend- self, Mr. CORZINE, Ms. MIKULSKI, Mr. SCHU- which was ordered to lie on the table. ment intended to be proposed by him to the MER, and Mr. NELSON, of Nebraska) sub- SA 2759. Mr. KOHL (for himself and Mr. concurrent resolution S. Con. Res. 95, supra; mitted an amendment intended to be pro- HATCH) submitted an amendment intended to which was ordered to lie on the table. posed by him to the concurrent resolution S. be proposed by him to the concurrent resolu- SA 2773. Mr. DURBIN (for himself, Mr. Con. Res. 95, supra. tion S. Con. Res. 95, supra; which was or- LEVIN, Mr. KERRY, Mrs. MURRAY, Mr. KOHL, SA 2746. Mr. NELSON of Florida submitted dered to lie on the table. Mrs. CLINTON, and Mrs. FEINSTEIN) submitted an amendment intended to be proposed by SA 2760. Mr. DORGAN submitted an an amendment intended to be proposed by him to the concurrent resolution S. Con. amendment intended to be proposed by him him to the concurrent resolution S. Con. Res. 95, supra; which was ordered to lie on to the concurrent resolution S. Con. Res. 95, Res. 95, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. the table. SA 2747. Mr. NELSON of Florida submitted SA 2761. Mr. DODD (for himself, Mrs. MUR- SA 2774. Mr. DASCHLE (for himself, Mr. an amendment intended to be proposed by RAY, Mr. CORZINE, Ms. MIKULSKI, and Mr. DORGAN, Mrs. MURRAY, Mr. BINGAMAN, Mr. him to the concurrent resolution S. Con. BINGAMAN) submitted an amendment in- JOHNSON, Mr. WYDEN, Ms. STABENOW, Mr. Res. 95, supra; which was ordered to lie on tended to be proposed by him to the concur- AKAKA, Ms. CANTWELL, Mr. INOUYE, and Mr. the table. rent resolution S. Con. Res. 95, supra; which REID) submitted an amendment intended to SA 2748. Mr. FEINGOLD (for himself, Mr. was ordered to lie on the table. be proposed by him to the concurrent resolu- CHAFEE, Mr. BAUCUS, Ms. CANTWELL, Mr. SA 2762. Mr. DODD (for himself, Mrs. MUR- tion S. Con. Res. 95, supra; which was or- CARPER, and Mr. GRAHAM, of Florida) pro- RAY, Mr. CORZINE, Ms. STABENOW, and Mr. dered to lie on the table.

VerDate jul 14 2003 04:20 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.070 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2563 SA 2775. Ms. LANDRIEU submitted an On page 5, line 6, decrease the amount by On page 4 line 23, increase the amount by amendment intended to be proposed by her $17,200,000,000. $290,000,000. to the concurrent resolution S. Con. Res. 95, On page 5, line 7, decrease the amount by On page 4 line 24, increase the amount by supra; which was ordered to lie on the table. $17,200,000,000. $39,000,000. SA 2776. Mr. McCAIN submitted an amend- On page 5, line 11, decrease the amount by On page 5 line 3, decrease the amount by ment intended to be proposed by him to the $516,000,000. $150,000,000. concurrent resolution S. Con. Res. 95, supra; On page 5, line 12, decrease the amount by On page 5 line 4, decrease the amount by which was ordered to lie on the table. $13,760,000,000. $436,000,000. SA 2777. Mr. CORZINE proposed an amend- On page 5, line 13, decrease the amount by On page 5 line 5, decrease the amount by ment to the concurrent resolution S. Con. $16,684,000,000. $671,000,000. Res. 95, supra. On page 5, line 14, decrease the amount by On page 5 line 6, decrease the amount by SA 2778. Mr. DORGAN (for himself, Mr. $17,200,000,000. $961,000,000. HAGEL, Mr. BROWNBACK, and Mr. JOHNSON) On page 5, line 15, decrease the amount by On page 5 line 7, decrease the amount by submitted an amendment intended to be pro- $17,200,000,000. $1,000,000,000. posed by him to the concurrent resolution S. At the end of Title III, insert the following: On page 5 line 11, decrease the amount by Con. Res. 95, supra; which was ordered to lie SEC. . RESERVE FUND FOR NO CHILD LEFT BE- $150,000,000. on the table. HIND ACT EDUCATION PROGRAMS. On page 5 line 12, decrease the amount by SA 2779. Mr. DORGAN (for himself and Mr. The Chairman of the Committee on the $436,000,000. REID) submitted an amendment intended to Budget of the Senate shall revise the aggre- On page 5 line 13, decrease the amount by be proposed by him to the concurrent resolu- gates, functional totals, allocations to the $671,000,000. tion S. Con. Res. 95, supra; which was or- Committee on Appropriations of the Senate, On page 5 line 14, decrease the amount by dered to lie on the table. discretionary spending limits, and other ap- $961,000,000. SA 2780. Mrs. CLINTON (for herself, Mr. propriate levels and limits in this resolution On page 5 line 15, decrease the amount by KENNEDY, Mr. DASCHLE, and Mr. BINGAMAN) by up to $8,600,000,000 in budget authority for $1,000,000,000. submitted an amendment intended to be pro- fiscal year 2005, and by the amount of out- On page 20 line 17, increase the amount by posed by her to the concurrent resolution S. lays flowing therefrom in 2005 and subse- $1,000,000,000. Con. Res. 95, supra; which was ordered to lie quent years, for a bill, joint resolution, mo- On page 20 line 18, increase the amount by on the table. tion, amendment, or conference report that $150,000,000. SA 2781. Mr. LEAHY submitted an amend- provides additional fiscal year 2005 discre- On page 20 line 22, increase the amount by ment intended to be proposed by him to the tionary appropriations, in excess of levels $286,000,000. concurrent resolution S. Con. Res. 95, supra; provided in this resolution, for Department On page 21 line 1, increase the amount by which was ordered to lie on the table. of Education programs in the No Child Left $235,000,000. SA 2782. Ms. COLLINS (for herself, Mr. Behind Act (P.L. 107–110). On page 21 line 5, increase the amount by KENNEDY, Ms. MURKOWSKI, and Ms. $290,000,000. LANDRIEU) submitted an amendment in- SA 2720. Mr. BIDEN (for himself, Mr. On page 21 line 6, increase the amount by tended to be proposed by her to the concur- LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, $39,000,000. rent resolution S. Con. Res. 95, supra; which Mr. KENNEDY, Mr. SARBANES, Mr. On page 39 line 18, increase the amount by $1,000,000,000. was ordered to lie on the table. ROCKEFELLER, Mr. CORZINE, Ms. On page 39 line 19, increase the amount by f STABENOW, Mr. HARKIN, Mrs. BOXER, $150,000,000. TEXT OF AMENDMENTS Mr. DURBIN, and Mr. KOHL) submitted On page 40 line 2, increase the amount by an amendment intended to be proposed $286,000,000. SA 2719. Mrs. MURRAY (for herself, by him to the concurrent resolution S. Mr. KENNEDY, Mr. LIEBERMAN, Ms. MI- Con. Res. 95, setting forth the congres- SA 2721. Mr. NELSON of Florida sub- KULSKI, Mr. CORZINE, Mr. LEVIN, Mr. sional budget for the United States mitted an amendment intended to be DODD, Ms. STABENOW, Mrs. CLINTON, Government for fiscal year 2005 and in- proposed by him to the concurrent res- Mr. KERRY, Mr. HARKIN, Mr. SCHUMER, cluding the appropriate budgetary lev- olution S. Con. Res. 95, setting forth Mr. PRYOR, Mr. REED, Mr. KOHL, Mr. els for fiscal years 2006 through 2009; the congressional budget for the United DAYTON, Ms. LANDRIEU, Mr. SARBANES, which was ordered to lie on the table; States Government for fiscal year 2005 Mr. BINGAMAN, and Mrs. LINCOLN) pro- as follows: and including the appropriate budg- posed an amendment to the concurrent On page 3, line 9, increase the amount by etary levels for fiscal years 2006 resolution S. Con. Res. 95, setting forth $300,000,000. through 2009; which was ordered to lie the congressional budget for the United On page 3, line 10, increase the amount by on the table; as follows: States Government for fiscal year 2005 $572,000,000. On page 3, line 9, increase the amount by and including the appropriate budg- On page 3, line 11, increase the amount by $764,000,000. etary levels for fiscal years 2006 $470,000,000. On page 3, line 10, increase the amount by On page 3, line 12, increase the amount by through 2009; as follows: $ 392,000,000. $580,000,000. On page 3, line 11, increase the amount by On page 3, line 9, increase the amount by On page 3, line 13, increase the amount by $76,000,000. $516,000,000. $78,000,000. On page 3, line 12, increase the amount by On page 3, line 10, increase the amount by On page 3, line 17, increase the amount by $18,000,000. $13,244,000,000. $300,000,000. On page 3, line 13, increase the amount by On page 3, line 11, increase the amount by On page 3, line 18, increase the amount by $6,000,000. $2,924,000,000. $572,000,000. On page 3, line 12, increase the amount by On page 3, line 19, increase the amount by On page 3, line 17, increase the amount by $516,000,000. $470,000,000. $764,000,000. On page 3, line 17 , increase the amount by On page 3, line 20, increase the amount by On page 3, line 18, increase the amount by $516,000,000. $580,000,000. $392,000,000. On page 3, line 18, increase the amount by On page 3, line 21, increase the amount by On page 3, line 19, increase the amount by $13,244,000,000. $78,000,000. $76,000,000. On page 3, line 19, increase the amount by On page 4 line 4, increase the amount by On page 3, line 20, increase the amount by $2,924,000,000. $1,000,000,000. $18,000,000. On page 3, line 20, increase the amount by On page 4 line 12, increase the amount by On page 3, line 21, increase the amount by $516,000,000. $150,000,000. $6,000,000. On page 4, line 20, increase the amount by On page 4 line 13, increase the amount by On page 4, line 20, increase the amount by $516,000,000. $286,000,000. $382,000,000. On page 4, line 21, increase the amount by On page 4 line 14, increase the amount by On page 4, line 21, increase the amount by $13,244,000,000. $235,000,000. $196,000,000. On page 4, line 22, increase the amount by On page 4 line 15, increase the amount by On page 4, line 22, increase the amount by $2,924,000,000. $290,000,000. $38,000,000. On page 4, line 23, increase the amount by On page 4 line 16, increase the amount by On page 4, line 23, increase the amount by $516,000,000. $39,000,000. $9,000,000. On page 5, line 3, decrease the amount by On page 4 line 2, increase the amount by On page 4, line 24, increase the amount by $516,000,000. $150,000,000. $3,000,000. On page 5, line 4, decrease the amount by On page 4 line 21, increase the amount by On page 5, line 3, increase the amount by $13,760,000,000. $286,000,000. $382,000,000. On page 5, line 5, decrease the amount by On page 4 line 22, increase the amount by On page 5, line 4, decrease the amount by $16,684,000,000. $235,000,000. $578,000,000.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.072 S10PT1 S2564 CONGRESSIONAL RECORD — SENATE March 10, 2004 On page 5, line 5, decrease the amount by On page 5, line 7, decrease the amount by gates, functional totals, allocations to the $616,000,000. $1,000,000,000. Committee on Appropriations of the Senate, On page 5, line 6, decrease the amount by On page 5, line 11, decrease the amount by discretionary spending limits, and other ap- $625,000,000. $30,000,000. propriate levels and limits in this resolution On page 5, line 7, decrease the amount by On page 5, line 12, decrease the amount by by up to $58,000,000 in budget authority for $628,000,000. $680,000,000. fiscal year 2005, and by the amount of out- On page 5, line 11, decrease the amount by On page 5, line 13, decrease the amount by lays flowing therefrom in 2005 and subse- $382,000,000. $950,000,000. quent years, for a bill, joint resolution, mo- On page 5, line 12, decrease the amount by On page 5, line 14, decrease the amount by tion, amendment, or conference report that $578,000,000. $1,000,000,000. provides additional fiscal year 2005 discre- On page 5, line 13, decrease the amount by On page 5, line 15, decrease the amount by tionary appropriations, in excess of levels $616,000,000. $1,000,000,000. provided in this resolution, for the Local On page 5, line 14, decrease the amount by On page 15, line 16, increase the amount by Family Information Centers program in the $625,000,000. $1,000,000,000. Department of Education. On page 5, line 15, decrease the amount by On page 15, line 17, increase the amount by $628,000,000. $30,000,000. f At the end of Title III, insert the following: On page 15, line 21, increase the amount by SA 2724. Mr. NELSON of Florida sub- $650,000,000. mitted an amendment intended to be SEC. . RESERVE FUND FOR NASA. On page 15, line 25, increase the amount by The Chairman of the Committee on the $270,000,000. proposed by him to the concurrent res- Budget of the Senate shall revise the aggre- On page 16, line 4, increase the amount by olution S. Con. Res. 95, setting forth gates, functional totals, allocations to the $50,000,000. the congressional budget for the United Committee on Appropriations of the Senate, On page 39, line 18, increase the amount by States Government for fiscal year 2005 discretionary spending limits, and other ap- $1,000,000,000. and including the appropriate budg- propriate levels and limits in this resolution On page 39, line 19, increase the amount by etary levels for fiscal years 2006 by up to $631,000,000 in budget authority for $30,000,000. fiscal year 2005, and by the amount of out- On page 40, line 2, increase the amount by through 2009; which was ordered to lie lays flowing therefrom in 2005 and subse- $650,000,000. on the table; as follows: quent years, for a bill, joint resolution, mo- On page 3, line 9, increase the amount by tion, amendment, or conference report that SA 2723. Mr. NELSON of Florida sub- $3,240,000,000. provides additional fiscal year 2005 discre- mitted an amendment intended to be On page 3, line 10, increase the amount by tionary appropriations, in excess of levels proposed by him to the concurrent res- $324,000,000. provided in this resolution, for the National olution S. Con. Res. 95, setting forth On page 3, line 11, increase the amount by Aeronautics and Space Administration. the congressional budget for the United $14,000,000. On page 3, line 12, increase the amount by SA 2722. Mr. NELSON of Florida sub- States Government for fiscal year 2005 $4,000,000. mitted an amendment intended to be and including the appropriate budg- On page 3, line 17, increase the amount by proposed by him to the concurrent res- etary levels for fiscal years 2006 $3,240,000,000. olution S. Con. Res. 95, setting forth through 2009; which was ordered to lie On page 3, line 18, increase the amount by the congressional budget for the United on the table; as follows: $324,000,000. On page 3, line 9, increase the amount by On page 3, line 19, increase the amount by States Government for fiscal year 2005 $14,000,000. and including the appropriate budg- $4,000,000. On page 3, line 10, increase the amount by On page 3, line 20, increase the amount by etary levels for fiscal years 2006 $76,000,000. $4,000,000. through 2009; which was ordered to lie On page 3, line 11, increase the amount by On page 4, line 20, increase the amount by on the table; as follows: $32,000,000. $3,240,000,000. On page 3, line 9, increase the amount by On page 3, line 12, increase the amount by On page 4, line 21, increase the amount by $60,000,000. $6,000,000. $324,000,000. On page 3, line 10, increase the amount by On page 3, line 17, increase the amount by On page 4, line 22, increase the amount by $1,300,000,000. $4,000,000. $14,000,000. On page 3, line 11, increase the amount by On page 3, line 18, increase the amount by On page 4, line 23, increase the amount by $540,000,000. $76,000,000. $4,000,000. On page 3, line 12, increase the amount by On page 3, line 19, increase the amount by On page 5, line 3, decrease the amount by $100,000,000. $32,000,000. $3,240,000,000. On page 3, line 20, increase the amount by On page 3, line 17, increase the amount by On page 5, line 4, decrease the amount by $6,000,000. $60,000,000. $3,564,000,000. On page 4, line 20, increase the amount by On page 3, line 18, increase the amount by On page 5, line 5, decrease the amount by $4,000,000. $3,578,000,000. $1,300,000,000. On page 4, line 21, increase the amount by On page 3, line 19, increase the amount by On page 5, line 6, decrease the amount by $76,000,000. $3,582,000,000. $540,000,000. On page 4, line 22, increase the amount by On page 3, line 20, increase the amount by On page 5, line 7, decrease the amount by $32,000,000. $3,582,000,000. $100,000,000. On page 4, line 23, increase the amount by On page 4, line 4, increase the amount by On page 5, line 11, decrease the amount by $6,000,000. $3,240,000,000. $1,000,000,000. On page 5, line 3, decrease the amount by On page 4, line 12, increase the amount by On page 5, line 12, decrease the amount by $4,000,000. $3,564,000,000. $30,000,000. On page 5, line 4, decrease the amount by On page 5, line 13, decrease the amount by On page 4, line 13, increase the amount by $80,000,000. $3,578,000,000. $650,000,000. On page 5, line 5, decrease the amount by On page 5, line 14, decrease the amount by On page 4, line 14, increase the amount by $112,000,000. $3,582,000,000. $270,000,000. On page 5, line 6, decrease the amount by On page 5, line 15, decrease the amount by On page 4, line 15, increase the amount by $118,000,000. $50,000,000. On page 5, line 7, decrease the amount by $3,582,000,000. On page 4, line 20, increase the amount by $118,000,000. At the end of Title III, insert the following: $30,000,000. On page 5, line 11, decrease the amount by SEC. . RESERVE FUND FOR VETERANS’ MEDICAL On page 4, line 21, increase the amount by $4,000,000. CARE. $650,000,000. On page 5, line 12, decrease the amount by The Chairman of the Committee on the On page 4, line 22, increase the amount by $80,000,000. Budget of the Senate shall revise the aggre- $270,000,000. On page 5, line 13, decrease the amount by gates, functional totals, allocations to the On page 4, line 23, increase the amount by $112,000,000. Committee on Appropriations of the Senate, $50,000,000. On page 5, line 14, decrease the amount by discretionary spending limits, and other ap- On page 5, line 3, decrease the amount by $118,000,000. propriate levels and limits in this resolution $30,000,000. On page 5, line 15, decrease the amount by by up to $1,800,000,000 in budget authority for On page 5, line 4, decrease the amount by $118,000,000. fiscal year 2005, and by the amount of out- $680,000,000. At the end of Title III, insert the following: lays flowing therefrom in 2005 and subse- On page 5, line 5, decrease the amount by SEC. . RESERVE FUND FOR THE LOCAL FAMILY quent years, for a bill, joint resolution, mo- $950,000,000. INFORMATION CENTERS PROGRAM. tion, amendment, or conference report that On page 5, line 6, decrease the amount by The Chairman of the Committee on the provides additional fiscal year 2005 discre- $1,000,000,000. Budget of the Senate shall revise the aggre- tionary appropriations, in excess of levels

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.095 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2565 provided in this resolution, for veterans’ the congressional budget for the United submitted an amendment intended to medical programs, included in this resolu- States Government for fiscal year 2005 be proposed by him to the bill S. 1637, tion for the Department of Veterans Affairs. and including the appropriate budg- to amend the Internal Revenue Code of etary levels for fiscal years 2006 1986 to comply with the World Trade SA 2725. Mr. KENNEDY (for himself, through 2009; which was ordered to lie Organization rulings on the FSC/ETI Mr. DODD, Mrs. CLINTON, Mr. CORZINE, on the table; as follows: benefit in a manner that preserves jobs Ms. STABENOW, Mr. LAUTENBERG, Mr. On page 3, line 9, increase the amount by and production activities in the United SCHUMER, Mr. REED, Ms. MIKULSKI, Mr. $300,000,000. States, to reform and simplify the KOHL, Mrs. LINCOLN, Mr. LEVIN, Mr. On page 3, line 10, increase the amount by international taxation rules of the LIEBERMAN, and Mr. REID) submitted $572,000,000. United States, and for other purposes; an amendment intended to be proposed On page 3, line 11 , increase the amount by by him to the concurrent resolution S. $470,000,000. which was ordered to lie on the table; Con. Res. 95, setting forth the congres- On page 3, line 12 , increase the amount by as follows: sional budget for the United States $580,000,000. On page 179, after line 25, insert the fol- On page 3, line 13 , increase the amount by Government for fiscal year 2005 and in- lowing: $78,000,000. SEC. ll. SUSPENSION OF POLICYHOLDERS SUR- cluding the appropriate budgetary lev- On page 3, line 17, increase the amount by PLUS ACCOUNT PROVISIONS. els for fiscal years 2006 through 2009; $300,000,000. (a) IN GENERAL.—Section 815 (relating to which was ordered to lie on the table; On page 3, line 18, increase the amount by distributions to shareholders from pre-1984 as follows: $572,000,000. policyholders surplus account) is amended by On page 3, line 19, increase the amount by On page 3, line 9, increase the amount by adding at the end the following new sub- $470,000,000. section: $2,352,000,000. On page 3, line 20, increase the amount by On page 3, line 10, increase the amount by ‘‘(g) APPLICATION OF SECTION.—This section $580,000,000. shall not apply to stock life insurance com- $7,253,000,000. On page 3, line 21, increase the amount by panies for taxable years beginning after De- On page 3, line 11, increase the amount by $78,000,000. cember 31, 2003, and beginning before Janu- $196,000,000. On page 4, line 4, increase the amount by ary 1, 2006.’’. On page 3, line 17, increase the amount by $1,000,000,000. $2,352,000,000. On page 4, line 12, increase the amount by (b) EFFECTIVE DATE.—The amendments On page 3, line 18, increase the amount by $150,000,000. made by this section shall apply to taxable $7,253,000,000. On page 4, line 13, increase the amount by years beginning after December 31, 2003. On page 3, line 19, increase the amount by $286,000,000. $196,000,000. On page 4, line 14, increase the amount by SA 2728. Mr. STEVENS (for himself, On page 4, line 20, increase the amount by $235,000,000. Mr. INOUYE, and Mr. WARNER) sub- $2,352,000,000. On page 4, line 15, increase the amount by mitted an amendment intended to be On page 4, line 21, increase the amount by $290,000,000. proposed by him to the concurrent res- $7,253,000,000. On page 4, line 16, increase the amount by olution S. Con. Res. 95, setting forth On page 4, line 22, increase the amount by $39,000,000. $196,000,000. On page 4, line 20, increase the amount by the congressional budget for the United On page 5, line 3, decrease the amount by $150,000,000. States Government for fiscal year 2005 $2,352,000,000. On page 4, line 21, increase the amount by and including the appropriate budg- On page 5, line 4, decrease the amount by $286,000,000. etary levels for fiscal years 2006 $9,606,000,000. On page 4, line 22, increase the amount by through 2009; which was ordered to lie On page 5, line 5, decrease the amount by $235,000,000. on the table; as follows: $9,802,000,000. On page 4, line 23, increase the amount by On page 5, line 6, decrease the amount by $290,000,000. On page 30, strike line 21 and all that fol- $9,802,000,000. On page 4, line 24, increase the amount by lows through page 31, line 9, and insert the On page 5, line 7, decrease the amount by $39,000,000. following: $9,802,000,000. On page 5, line 3, decrease the amount by SEC. 312. SUPPLEMENTAL FUNDING FOR IRAQ, On page 5, line 11, decrease the amount by $150,000,000. AFGHANISTAN, HAITI AND FOR THE $2,352,000,000. On page 5, line 4, decrease the amount by GLOBAL WAR ON TERRORISM. On page 5, line 12, decrease the amount by $436,000,000. If the Committee on Appropriations of the $9,606,000,000. On page 5, line 5, decrease the amount by Senate reports legislation providing addi- On page 5, line 13, decrease the amount by $671,000,000. tional discretionary appropriations in excess $9,802,000,000. On page 5, line 6, decrease the amount by of the levels assumed in this resolution for On page 5, line 14, decrease the amount by $961,000,000. defense-related activities in Iraq, Afghani- $9,802,000,000. On page 5, line 7, decrease the amount by stan, Haiti and for the global war on ter- On page 5, line 15, decrease the amount by $1,000,000,000. rorism for fiscal year 2005, the chairman of $9,802,000,000. On page 5, line 11, decrease the amount by the Committee on the Budget shall revise At the end of Title III, insert the following: $150,000,000. the allocations (and all other appropriate On page 5, line 12, decrease the amount by SEC. lll. RESERVE FUND FOR THE PELL levels and aggregates set out in this resolu- GRANT PROGRAM. $436,000,000. tion) for that committee for such purpose The Chairman of the Committee on the On page 5, line 13, decrease the amount by but not to exceed $50,000,000,000 in new budg- Budget of the Senate shall revise the aggre- $671,000,000. et authority for fiscal year 2005 and the out- On page 5, line 14, decrease the amount by gates, functional totals, allocations to the lays that flow therefrom. $961,000,000. Committee on Appropriations of the Senate, On page 5, line 15, decrease the amount by discretionary spending limits, and other ap- SA 2729. Mr. LEVIN (for himself and $1,000,000,000. Mr. JEFFORDS) submitted an amend- propriate levels and limits in this resolution On page 20, line 17, increase the amount by by up to $4,900,000,000 in budget authority for $1,000,000,000. ment intended to be proposed by him fiscal year 2005, and by the amount of out- On page 20, line 18, increase the amount by to the concurrent resolution S. Con. lays flowing therefrom in 2005 and subse- $150,000,000. Res. 95, setting forth the congressional quent years, for a bill, joint resolution, mo- On page 20, line 22, increase the amount by budget for the United States Govern- tion, amendment, or conference report that $286,000,000. provides additional fiscal year 2005 discre- ment for fiscal year 2005 and including On page 21, line 1, increase the amount by the appropriate budgetary levels for tionary appropriations, in excess of levels $235,000,000. provided in this resolution, for the Pell On page 21, line 5, increase the amount by fiscal year 2006 through 2009; which was Grant program. $290,000,000. ordered to lie on the table; as follows: On page 21, line 9, increase the amount by On page 54, after line 22, insert the fol- SA 2726. Mr. BIDEN (for himself, Mr. $39,000,000. lowing: LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, On page 39, line 18, increase the amount by SEC. lll. SENSE OF THE SENATE TO MAKE Mr. KENNEDY, Mr. SARBANES, Mr. $1,000,000,000. MORE EFFICIENT, FISCALLY RE- ROCKEFELLER, Mr. CORZINE, Ms. On page 39, line 19, increase the amount by SPONSIBLE APPROPRIATIONS AND $150,000,000. REVENUE DECISIONS. STABENOW, Mr. HARKIN, Mrs. BOXER, On page 40, line 2, increase the amount by (a) FINDINGS.—The Senate finds the fol- Mr. DURBIN, Mr. KOHL, and Mr. DODD) $286,000,000. lowing: submitted an amendment intended to (1) Federal programs and policies directly be proposed by him to the concurrent SA 2727. Mr. SANTORUM (for him- influence local growth patterns through the resolution S. Con. Res. 95, setting forth self, Mr. CONRAD, and Mr. BUNNING) location of Federal facilities, spending on

VerDate jul 14 2003 06:19 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.090 S10PT1 S2566 CONGRESSIONAL RECORD — SENATE March 10, 2004 public infrastructure, tax incentives, and On page 5, line 6, decrease the amount by SA 2732. Mrs. HUTCHISON (for her- Federal regulations. $179,000,000. self, Ms. LANDRIEU, Mr. BREAUX, and On page 5, line 7, decrease the amount by (2) This Federal influence on local land use Mr. LOTT) submitted an amendment in- $179,000,000. decisions results in both positive and nega- tended to be proposed by her to the tive effects. On page 5, line 11, decrease the amount by (3) Unplanned and random growth results $27,000,000. concurrent resolution S. Con. Res. 95, in increased commuting times, traffic con- On page 5, line 12, decrease the amount by setting forth the congressional budget gestion, impaired air quality, loss of open $152,000,000. for the United States Government for space and environmentally sensitive areas, On page 5, line 13, decrease the amount by fiscal year 2005 and including the ap- public health problems, and poor accessi- $179,000,000. propriate budgetary levels for fiscal bility to critical services such as schools and On page 5, line 14, decrease the amount by years 2006 through 2009; which was or- $179,000,000. hospitals. dered to lie on the table; as follows: (4) Investing in existing infrastructure is a On page 5, line 15, decrease the amount by fiscally responsible use of resources. When $179,000,000. On page 11, line 9, increase the amount by not properly planned, local development de- On page 13, line 2, increase the amount by $200,000,000. On page 11, line 10, increase the amount by cisions may actually burden the Federal $179,000,000. $200,000,000. budget by requiring the construction of new On page 13, line 3, increase the amount by On page 23, line 5, increase the amount by water, sewer, and transportation infrastruc- $27,000,000. $200,000,000. ture in low-density areas, rather than fund- On page 13, line 7, increase the amount by $125,000,000. On page 23, line 6, increase the amount by ing the maintenance of existing infrastruc- $200,000,000. ture. On page 13, line 11, increase the amount by $27,000,000. (5) Planned growth, important in sus- SA 2733. Mr. SESSIONS (for himself taining community development and a On page 39, line 18, increase the amount by and Mr. CORNYN) submitted an amend- healthy economy, has positive effects, re- $179,000,000. On page 39, line 19, increase the amount by flected, for example, in increased home own- ment intended to be proposed by him $27,000,000. ership, higher consumer savings, lower en- to the concurrent resolution S. Con. On page 40, line 2, increase the amount by ergy consumption, and strong business ad- Res. 95, setting forth the congressional $125,000,000. vantages. budget for the United States Govern- (b) SENSE OF THE SENATE.—It is the sense SA 2731. Mr. GRAHAM of South ment for fiscal year 2005 and including of the Senate that the budgetary levels in the appropriate budgetary levels for this resolution assume that in making ap- Carolina (for himself, Mr. DASCHLE, Mr. BUNNING, Mr. LEAHY, Mrs. CLINTON, Mr. fiscal years 2006 through 2009; which propriations and revenue decisions, the Sen- was ordered to lie on the table; as fol- ate should— DEWINE, Mr. CHAMBLISS, Mr. ALLEN, (1) support Federal policies that encourage Mrs. MURRAY, Mr. KENNEDY, Mrs. LIN- lows: growth patterns that make efficient use of COLN, Mr. DAYTON, Ms. MURKOWSKI, Ms. At the appropriate place insert the fol- available housing, transportation, and infra- MIKULSKI. Mr. FEINGOLD, and Mr. MIL- lowing: structure resources; and On page 21, line 13, decrease the amount LER) proposed an amendment to the $600,000,000. (2) address the unintended consequences of concurrent resolution S. Con. Res. 95, urban and suburban sprawl resulting from On page 21, line 14, decrease the amount specific Federal programs and policies setting forth the congressional budget $600,000,000. through the use of additional resources and for the United States Government for On page 9, line 17, increase the amount the allocation of budgetary authority to pro- fiscal year 2005 and including the ap- $600,000,000. vide incentives for sustainable growth. propriate budgetary levels for fiscal On page 9, line 18, increase the amount years 2006 through 2009; as follows: $600,000,000. SA 2730. Mr. LEVIN submitted an On page 28, after line 7, insert the fol- SA 2734. Mr. REID (for himself, Mrs. amendment intended to be proposed by lowing: LINCOLN, Mr. SCHUMER, Ms. CANTWELL, him to the concurrent resolution S. SEC. 304. RESERVE FUND FOR GUARD AND RE- Mr. DAYTON, Mr. KERRY, Mr. ROCKE- Con. Res. 95, setting forth the congres- SERVE HEALTH CARE. FELLER, Mr. DASCHLE, Ms. LANDRIEU, sional budget for the United States If the Committee on Armed Services or the Mr. CORZINE, Mr. NELSON of Florida, Government for fiscal year 2005 and in- Committee on Appropriations reports a bill Mr. BIDEN, Mr. JEFFORDS, Mr. GRAHAM cluding the appropriate budgetary lev- or joint resolution, or an amendment thereto of Florida, Mrs. MURRAY, Mr. BINGA- els for fiscal years 2006 through 2009; is offered or a conference report thereon is submitted that expands access to health care MAN, Mr. AKAKA, and Mr. JOHNSON) sub- which was ordered to lie on the table; for members of the reserve component, the mitted an amendment intended to be as follows: Chairman of the Committee on the Budget proposed by him to the concurrent res- On page 3, line 9, increase the amount by may revise allocations of new budget author- olution S. Con. Res. 95, setting forth $54,000,000. ity and outlays, the revenue aggregates, On page 3, line 10, increase the amount by other appropriate aggregates, and the discre- the congressional budget for the United $250,000,000. tionary spending limits to reflect such legis- States Government for fiscal year 2005 On page 3, line 11, increase the amount by lation, providing that such legislation— and including the appropriate budg- $54,000,000. (1) would not increase the deficit for fiscal etary levels for fiscal years 2006 On page 3, line 17, increase the amount by year 2005 and for the period of fiscal years through 2009; which was ordered to lie $54,000,000. 2005 through 2009, or would offset such deficit on the table; as follows: On page 3, line 18, increase the amount by increases through reduction of unobligated On page 3, line 9, increase the amount by $250,000,000. balances from Iraqi reconstruction; $2,427,000,000. (2) does not exceed $5,600,000,000 for the pe- On page 3, line 19, increase the amount by On page 3, line 10, increase the amount by riod of fiscal years 2005 through 2009. $54,000,000. $2,416,000,000. On page 4, line 4, increase the amount by SEC. 305. RESERVE FUND FOR MONGOMERY GI On page 3, line 11, increase the amount by $179,000,000. BILL BENEFITS. $2,334,000,000. On page 4, line 12, increase the amount by If the Committee on Armed Services or the On page 3, line 12, increase the amount by $27,000,000. Committee on Appropriations reports a bill $2,218,000,000. On page 4, line 13, increase the amount by or joint resolution, or an amendment thereto On page 3, line 13, increase the amount by $125,000,000. is offered or a conference report thereon is $2,045,000,000. On page 4, line 14, increase the amount by submitted, that increases benefit levels On page 3, line 17, increase the amount by $27,000,000. under the Montgomery GI Bill for members $2,427,000,000. On page 4, line 20, increase the amount by of the Selected Reserves, the Chairman of On page 3, line 18, increase the amount by $27,000,000. the Committee on the Budget may revise al- $2,416,000,000. On page 4, line 21, increase the amount by locations of new budget authority and out- On page 3, line 19, increase the amount by $125,000,000. lays, the revenue aggregates, other appro- $2,334,000,000. On page 4, line 22, increase the amount by priate aggregates, and the discretionary On page 3, line 20, increase the amount by $27,000,000. spending limits to reflect such legislation, $2,218,000,000. On page 5, line 3, decrease the amount by providing that such legislation— On page 3, line 21, increase the amount by $27,000,000. (1) would not increase the deficit for fiscal $2,045,000,000. On page 5, line 4, decrease the amount by year 2005 and for the period of fiscal years On page 4, line 20, increase the amount by $152,000,000. 2005 through 2009; $2,427,000,000. On page 5, line 5, decrease the amount by (2) does not exceed $1,200,000,000 for the pe- On page 4, line 21, increase the amount by $179,000,000. riod of fiscal years 2005 through 2009. $2,416,000,000.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.076 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2567 On page 4, line 22, increase the amount by On page 4, line 15, increase the amount by mitted an amendment intended to be $2,334,000,000. $374,000,000. proposed by her to the concurrent reso- On page 4, line 23, increase the amount by On page 4, 1ine 16, increase the amount by lution S. Con. Res. 95, setting forth the $2,218,000,000. $607,000,000. On page 4, line 24, increase the amount by On page 4, line 20, increase the amount by congressional budget for the United $2,045,000,000. $713,000,000. States Government for fiscal year 2005 On page 5, line 3, decrease the amount by On page 4, line 21, increase the amount by and including the appropriate budg- $2,427,000,000. $964,000,000. etary levels for fiscal years 2006 On page 5, line 4, decrease the amount by On page 4, line 22, increase the amount by through 2009; which was ordered to lie $4,843,000,000. $176,000,000, on the table; as follows: On page 5, line 5, decrease the amount by On page 4, 1ine 23, decrease the amount by $7,177,000,000. $374,000,000. On page 33, after line 25, insert the fol- On page 5, line 6, decrease the amount by On page 4, line 24, decrease the amount by lowing: $9,395,000,000. $607,000,000. SEC. 314. SPECIAL RULE FOR FISCAL YEAR 2004. On page 5, line 7, decrease the amount by On page 5, line 3, decrease the amount by If additional funding to extend expired un- $11,440,000,000. $713,000,000. employment insurance benefits for fiscal On page 5, line 4, decrease the amount by On page 5, line 11, decrease the amount by year 2004 is provided in a bill, joint resolu- $1,677,000,000. $2,427,000,000. tion, amendment, motion, or conference re- On page 5, line 5, decrease the amount by On page 5, line 12, decrease the amount by port, and its cost is fully offset in the year $1,853,000,000. $4,843,000,000. provided and would not increase the on-budg- On page 5, line 13, decrease the amount by On page 5, line 6, decrease the amount by $1,479,000,000. et deficit, then such funding shall not be $7,177,000,000. counted for purposes of Senate enforcement On page 5, line 14, decrease the amount by On page 5, line 7, decrease the amount by of the Congressional Budget Act of 1974 and $9,395,000,000. $872,000,000. this resolution. On page 5, line 15, decrease the amount by On page 5, line 11, decrease the amount by $11,440,000,000. $713,000,000. At the end of title III insert the following: On page 5, line 12, decrease the amount by SA 2738. Ms. CANTWELL (for herself, $1,677,000,000. SEC. . RESERVE FUND FOR CONCURRENT RE- Mr. KENNEDY, and Mr. SARBANES) sub- CEIPT. On page 5, line 13, decrease the amount by mitted an amendment intended to be If the Committee on Armed Services or the $1,853,000,000. On page 5, line 14, decrease the amount by proposed by her to the concurrent reso- Committee on Appropriations reports a bill $1,479,000,000. lution S. Con. Res. 95, setting forth the or joint resolution, or an amendment thereto On page 5, line 15, decrease the amount by congressional budget for the United is offered or a conference report thereon is $872,000,000. States Government for fiscal year 2005 submitted, that provides for an extension of On page 8, line 21, decrease the amount by eligibility for concurrent receipt of military and including the appropriate budg- $3,332,000,000. etary levels for fiscal years 2006 retirement pay and veterans’ disability com- On page 8, line 22, decrease the amount by pensation under that section to military re- $713,000,000. through 2009; which was ordered to lie tirees with service-connected disabilities On page 9, line 1, decrease the amount by on the table; as follows: rated between 40 percent and zero percent, $1,260,000,000. On page 54, after line 22, insert the fol- the Chairman of the Committee on the Budg- On page 9, line 5, decrease the amount by lowing: et shall revise the aggregates, functional to- $773,000,000. SEC. ll. SENSE OF THE SENATE ON TEMPORARY tals, allocations, discretionary caps, and On page 9, line 9, decrease the amount by EMERGENCY UNEMPLOYMENT COM- other appropriate levels and limits in this $300,000,000. PENSATION. resolution by up to $11,440,000,000 in budget On page 9, line 13, decrease the amount by (a) FINDINGS.—The Senate finds the fol- authority and $11,440,000,000 in outlays over $104,000,000. lowing: the total of fiscal years 2005 through 2009. On page 10, line 17, increase the amount by (1) There are currently 8,200,000 unem- $658,000,000. ployed Americans. On page 10, line 18, increase the amount by SA 2735. Mr. BYRD (for himself, Mr. (2) An additional 1,700,000 discouraged $296,000,000. CONRAD, Mr. BAUCUS, and Mr. HARKIN) workers have given up looking for work. proposed an amendment to the concur- On page 10, line 21, increase the amount by $742,000,000. (3) Another 4,700,000 individuals are work- rent resolution S. Con. Res. 95, setting On page 10, line 22, increase the amount by ing part time, but want a full-time job and forth the congressional budget for the $597,000,000. cannot find one. United States Government for fiscal On page 10, line 25, increase the amount by (4) For every job opening, there are 3 laid- year 2005 and including the appropriate $692,000,000. off workers fighting for that job. budgetary levels for fiscal years 2006 On page 11, line 1, increase the amount by (5) Since January 2001, the economy has lost 2,200,000 jobs. through 2009; as follows: $674,000,000. On page 11, line 4, increase the amount by (6) Reinstating the Federal Temporary Un- Strike Section 201(a) of the committee-re- $727,000,000. employment Insurance Compensation pro- ported resolution, on page 24 line 21 through On page 11, line 5, increase the amount by gram would reinstate benefits for 90,000 laid- page 25 line 3. $711,000,000. off workers each week who began exhausting At the end of Section 303, insert: State benefits when that program ended. SA 2736. Mr. DORGAN submitted an SEC. . RESERVE FUND FOR HYDROGEN FUEL (7) For the first 6 months of 2004, rein- amendment intended to be proposed by CELL RESEARCH AND DEVELOP- stating the Temporary Unemployment Insur- him to the concurrent resolution S. MENT. ance Compensation program would benefit Con. Res. 95, setting forth the congres- The Chairman of the Committee on the 2,000,000 laid-off workers. sional budget for the United States Budget of the Senate shall revise the aggre- (b) SENSE OF THE SENATE.—It is the sense Government for fiscal year 2005 and in- gates, functional totals, allocations to the of the Senate that the levels in this concur- Committee on Appropriations of the Senate, cluding the appropriate budgetary lev- rent resolution assume that Congress and discretionary spending limits, and other ap- the President will enact legislation rein- els for fiscal years 2006 through 2009; propriate levels and limits in this resolution stating the program established by the Tem- which was ordered to lie on the table; by up to $513,000,000 in budget authority for porary Emergency Unemployment Com- as follows: fiscal year 2005, and by the amount of out- pensation Act of 2002 (Public Law 107–147) On page 4, line 4, decrease the amount by lays flowing therefrom in 2005 and subse- through June 30, 2004. $3,332,000,000. quent years, for a bill, joint resolution, mo- On page 4, line 5, increase the amount by tion, amendment, or conference report that SA 2739. Mr. SPECTER (for himself, provides additional fiscal year 2005 discre- $658,000,000. Mr. COCHRAN, Mr. HARKIN, and Mr. On page 4, line 6, increase the amount by tionary appropriations, in excess of levels BYRD) submitted an amendment in- $742,000,000. provided in this resolution, for Hydrogen On page 4, line 7, increase the amount by Fuel Cell Research and Development, in- tended to be proposed by him to the $692,000,000. cluded in this resolution for the Department concurrent resolution S. Con. Res. 95, On page 4, line 8, increase the amount by of Energy. setting forth the congressional budget $727,000,000. On page 40 line 1, increase the amount by for the United States Government for On page 4, line 12, decrease the amount by $658,000,000. fiscal year 2005 and including the ap- $713,000,000. On page 40 line 2, increase the amount by propriate budgetary levels for fiscal $296,000,000. On page 4, line 13, decrease the amount by years 2006 through 2009; which was or- $964,000,000. On page 4, line 14, decrease the amount by SA 2737. Ms. CANTWELL (for herself, dered to lie on the table; as follows: $176,000,000. Mr. KENNEDY, and Mr. SARBANES) sub- Strike section 404.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.108 S10PT1 S2568 CONGRESSIONAL RECORD — SENATE March 10, 2004 SA 2740. Mr. SPECTER (for himself On page 5, line 11, increase the amount by proposed by him to the concurrent res- and Mr. HARKIN) submitted an amend- $5,506,000,000. olution S. Con. Res. 95, setting forth ment intended to be proposed by him On page 5, line 12, increase the amount by the congressional budget for the United $7,362,000,000. to the concurrent resolution S. Con. On page 5, line 13, increase the amount by States Government for fiscal year 2005 Res. 95, setting forth the congressional $8,161,000,000. and including the appropriate budg- budget for the United States Govern- On page 5, line 14, increase the amount by etary levels for fiscal years 2006 ment for fiscal year 2005 and including $8,711,000,000. through 2009; which was ordered to lie the appropriate budgetary levels for On page 5, line 15, increase the amount by on the table; as follows: fiscal years 2006 through 2009; which $9,191,000,000. On page 3, line 9, increase the amount by was ordered to lie on the table; as fol- On page 7, line 25, increase the amount by $2,000,000. $6,900,000,000. On page 3, line 10, increase the amount by lows: On page 8, line 1, increase the amount by Strike subsection 404(a). $38,000,000. $5,409,000,000. On page 3, line 11, increase the amount by On page 8, line 5, increase the amount by SA 2741. Mr. SPECTER submitted an $16,000,000. $1,594,000,000. On page 3, line 12, increase the amount by amendment intended to be proposed by On page 8, line 9, increase the amount by $3,000,000. him to the concurrent resolution S. $442,000,000. On page 3, line 17 , increase the amount by On page 8, line 13, increase the amount by Con. Res. 95, setting forth the congres- $2,000,000. sional budget for the United States $145,000,000. On page 3, line 18, increase the amount by On page 8, line 17, increase the amount by Government for fiscal year 2005 and in- $38,000,000. $48,000,000. On page 3, line 19, increase the amount by cluding the appropriate budgetary lev- On page 22, line 9, increase the amount by els for fiscal years 2006 through 2009; $16,000,000. $97,000,000. On page 3, line 20, increase the amount by which was ordered to lie on the table; On page 22, line 10, increase the amount by $3,000,000. as follows: $97,000,000. On page 4, line 20, increase the amount by On page 22, line 13, increase the amount by On page 16, line 12, increase the amount by $2,000,000. $2,000,000,000. $262,000,000. On page 4, line 21, increase the amount by On page 22, line 14, increase the amount by On page 16, line 13, increase the amount by $38,000,000. $2,000,000,000. $262,000,000. On page 4, line 22, increase the amount by On page 22, line 17, increase the amount by On page 23, line 5, decrease the amount by $16,000,000. $2,000,000,000. $358,000,000. On page 4, line 23, increase the amount by On page 22, line 18, increase the amount by On page 23, line 6, decrease the amount by $3,000,000. $2,000,000,000. $358,000,000. On page 5, line 3, decrease the amount by On page 22, line 21, increase the amount by $2,000,000. SA 2742. Mr. WARNER (for himself, $405,000,000. On page 5, line 4, decrease the amount by On page 22, line 22, increase the amount by Mr. STEVENS, Mr. MCCAIN, Mr. INHOFE, $40,000,000. $405,000,000. Mr. ROBERTS, Ms. COLLINS, Mr. On page 5, line 5, decrease the amount by On page 22, line 25, increase the amount by CHAMBLISS, Mr. GRAHAM of South Caro- $56,000,000. $432,000,000. On page 5, line 6, decrease the amount by lina, Mr. TALENT, Mr. CRAIG, and Mr. On page 23, line 1, increase the amount by ALLEN) proposed an amendment to the $59,000,000. $432,000,000. On page 5, line 7, decrease the amount by On page 39, line 18, increase the amount by concurrent resolution S. Con. Res. 95, $59,000,000. setting forth the congressional budget $6,900,000,000. On page 5, line 11, decrease the amount by On page 39, line 19, increase the amount by for the United States Government for $2,000,000. fiscal year 2005 and including the ap- $5,409,000,000. On page 5, line 12, decrease the amount by On page 40, line 2, increase the amount by $40,000,000. propriate budgetary levels for fiscal $1,594,000,000. years 2006 through 2009; as follows: On page 5, line 13, decrease the amount by $56,000,000. On page 4, line 4, increase the amount by SA 2743. Mr. ROCKEFELLER (for On page 5, line 14, decrease the amount by $6,997,000,000. himself, Mr. WYDEN, Mr. KENNEDY, Mrs. On page 4, line 5, increase the amount by $59,000,000. MURRAY, and Mr. SCHUMER) submitted On page 5, line 15, decrease the amount by $262,000,000. On page 4, line 6, increase the amount by an amendment intended to be proposed $59,000,000. $358,000,000. by him to the concurrent resolution S. At the end of Title III, insert the following: On page 4, line 7, increase the amount by Con. Res. 95, setting forth the congres- SEC. . RESERVE FUND FOR THE LOCAL FAMILY $405,000,000. sional budget for the United States INFORMATION CENTERS PROGRAM. On page 4, line 8, increase the amount by Government for fiscal year 2005 and in- The Chairman of the Committee on the $432,000,000. Budget of the Senate shall revise the aggre- cluding the appropriate budgetary lev- gates, functional totals, allocations to the On page 4, line 12, increase the amount by els for fiscal years 2006 through 2009; $5,506,000,000. Committee on Appropriations of the Senate, On page 4, line 13, increase the amount by which was ordered to lie on the table; discretionary spending limits, and other ap- $1,855,000,000. as follows: propriate levels and limits in this resolution On page 4, line 14, increase the amount by On page 28, after line 7, insert the fol- by up to $58,000,000 in budget authority for $799,000,000. lowing: fiscal year 2005, and by the amount of out- On page 4, line 15, increase the amount by SEC. ll. RESERVE FUND TO PROTECT STATES. lays flowing therefrom in 2005 and subse- $550,000,000. If the Committee on Finance of the Senate quent years, for a bill, joint resolution, mo- On page 4, line 16, increase the amount by reports a bill or joint resolution that extends tion, amendment, or conference report that $480,000,000. increased Federal Medical Assistance Per- provides additional fiscal year 2005 discre- On page 4, line 20, decrease the amount by centage (FMAP) payments to States and tionary appropriations, in excess of levels $5,506,000,000. that legislation would not increase the def- provided in this resolution, for the Local On page 4, line 21, decrease the amount by icit for fiscal year 2005 or for the period of Family Information Centers program in the $1,855,000,000. fiscal years 2005 through 2009, the budgetary Department of Education. On page 4, line 22, decrease the amount by effects of that legislation shall not count for $799,000,000. purposes of the Congressional Budget Act or SA 2745. Mr. NELSON of Florida (for On page 4, line 23, decrease the amount by himself, Mr. CORZINE, Ms. MIKULSKI, $550,000,000. provisions of the concurrent resolutions on Mr. SCHUMER, and Mr. NELSON of Ne- On page 4, line 24, decrease the amount by the budget for fiscal year 2004 or 2005. If an $480,000,000. amendment, motion, or conference report is braska) submitted an amendment in- On page 5, line 3, increase the amount by offered that extends increased Federal Med- tended to be proposed by him to the $5,506,000,000. ical Assistance Percentage payments to concurrent resolution S. Con. Res. 95, On page 5, line 4, increase the amount by States and would not increase the deficit for setting forth the congressional budget $7,362,000,000. fiscal year 2005 or for the period of fiscal for the United States Government for years 2005 through 2009, that amendment, On page 5, line 5, increase the amount by fiscal year 2005 and including the ap- $8,161,000,000. motion, or conference report shall not count On page 5, line 6, increase the amount by for those purposes. propriate budgetary levels for fiscal $8,711,000,000. years 2006 through 2009; as follows: On page 5, line 7, increase the amount by SA 2744. Mr. NELSON of Florida sub- On page 3, line 9, increase the amount by $9,191,000,000. mitted an amendment intended to be $1,620,000,000.

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.089 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2569 On page 3, line 10, increase the amount by On page 3, line 19, increase the amount by On page 4, line 20, increase the amount by $162,000,000. $13,000,000. $382,000,000. On page 3, line 11, increase the amount by On page 3, line 20, increase the amount by On page 4, line 21, increase the amount by $7,000,000. $15,000,000. $196,000,000. On page 3, line 12, increase the amount by On page 3, line 21, increase the amount by On page 4, line 22, increase the amount by $2,000,000. $4,000,000. $38,000,000. On page 3, line 17, increase the amount by On page 4, line 20, increase the amount by On page 4, line 23, increase the amount by $1,620,000,000. $2,000,000. $9,000,000. On page 3, line 18, increase the amount by On page 4, line 21, increase the amount by On page 4, line 24, increase the amount by $162,000,000. $7,000,000. $3,000,000. On page 5, line 3, decrease the amount by On page 3, line 19, increase the amount by On page 4, line 22, increase the amount by $13,000,000. $382,000,000. $7,000,000. On page 5, line 4, decrease the amount by On page 4, line 23, increase the amount by On page 3, line 20, increase the amount by $578,000,000. $15,000,000. $2,000,000. On page 5, line 5, decrease the amount by On page 4, line 24, increase the amount by On page 4, line 20, increase the amount by $616,000,000. $1,620,000,000. $4,000,000. On page 5, line 6, decrease the amount by On page 4, line 21, increase the amount by On page 5, line 3, decrease the amount by $625,500,000. $162,000,000. $2,000,000. On page 5, line 7, decrease the amount by On page 4, line 22, increase the amount by On page 5, line 4, decrease the amount by $628,000,000. $7,000,000. $9,000,000. On page 5, line 11, decrease the amount by On page 4, line 23, increase the amount, by On page 5, line 5, decrease the amount by $382,000,000. $2,000,000. $22,000,000. On page 5, line 12, decrease the amount by On page 5, line 3, decrease the amount by On page 5, line 6, decrease the amount by $578,000,000. $1,620,000,000. $37,000,000. On page 5, line 13, decrease the amount by On page 5, line 4, decrease the amount by On page 5, line 7, decrease the amount by $616,000,000. $1,782,000,000. $41,000,000. On page 5, line 14, decrease the amount by On page 5, line 5, decrease the amount by On page 5, line 11, decrease the amount by $625,500,000. $1,789,000,000. $2,000,000. On page 5, line 15, decrease the amount by On page 5, line 6, decrease the amount by On page 5, line 12, decrease the amount by $628,000,000. $1,791,000,000. $9,000,000. At the end of Title III, insert the following: On page 5, line 7, decrease the amount by On page 5, line 13, decrease the amount by SEC. . RESERVE FUND FOR THE NATIONAL AER- $1,791,000,000. $22,000,000. ONAUTICS AND SPACE ADMINISTRA- On page 5, line 14, decrease the amount by TION. On page 5, line 11, decrease the amount by The Chairman of the Committee on the $1,620,000,000. $37,000,000. On page 5, line 15, decrease the amount by Budget of the Senate shall revise the aggre- On page 5, line 12, decrease the amount by gates, functional totals, allocations to the $1,782,000,000. $41,000,000. At the end of Title III, insert the following: Committee on Appropriations of the Senate, On page 5, line 13, decrease the amount by SEC. . RESERVE FUND FOR THE DEPARTMENT discretionary spending limits, and other ap- $1,789,000,000. propriate levels and limits in this resolution On page 5, line 14, decrease the amount by OF DEFENSE COOPERATIVE THREAT REDUCTION PROGRAMS. by up to $631,000,000 in budget authority for $1,791,000,000. The Chairman of the Committee on the fiscal year 2005, and by the amount of out- On page 5, line 15, decrease the amount by Budget of the Senate shall revise the aggre- lays flowing therefrom in 2005 and subse- $1,791,000,000. gates, functional totals, allocations to the quent years, for a bill, joint resolution, mo- At the end of Title III, insert the following: Committee on Appropriations of the Senate, tion, amendment, or conference report that SEC. . RESERVE FUND FOR VETERANS’ MEDICAL discretionary spending limits, and other ap- provides additional fiscal year 2005 discre- CARE. propriate levels and limits in this resolution tionary appropriations, in excess of levels The Chairman of the Committee on the by up to $41,000,000 in budget authority for provided in this resolution, for the National Budget of the Senate shall revise the aggre- fiscal year 2005, and by the amount of out- Aeronautics and Space Administration. gates, functional totals, allocations to the lays flowing therefrom in 2005 and subse- Committee on Appropriations of the Senate, quent years, for a bill, joint resolution, mo- SA 2748. Mr. FEINGOLD (for himself, discretionary spending limits, and other ap- tion, amendment, or conference report that Mr. CHAFEE, Mr. BAUCUS, Ms. CANT- propriate levels and limits in this resolution provides additional fiscal year 2005 discre- WELL, Mr. CARPER, and Mr. GRAHAM of by up to $1,800,000,000 in budget authority for tionary appropriations, in excess of levels Florida) proposed an amendment to the fiscal year 2005, and by the amount of out- provided in this resolution, for the Coopera- lays flowing therefrom in 2005 and subse- concurrent resolution S. Con. Res. 95, tive Threat Reduction Program in the De- setting forth the congressional budget quent years, for a bill, joint resolution, mo- partment of Defense. tion, amendment, or conference report that for the United States Government for provides additional fiscal year 2005 discre- SA 2747. Mr. NELSON of Florida sub- fiscal year 2005 and including the ap- tionary appropriations, in excess of levels mitted an amendment intended to be propriate budgetary levels for fiscal provided in this resolution, for veterans’ years 2006 through 2009; as follows: medical programs, included in this resolu- proposed by him to the concurrent res- On page 46, between lines 2 and 3, insert tion for the Department of Veterans Affairs. olution S. Con. Res. 95, setting forth the congressional budget for the United the following: States Government for fiscal year 2005 SEC. 408. PAY-AS-YOU-GO POINT OF ORDER IN SA 2746. Mr. NELSON of Florida sub- THE SENATE. mitted an amendment intended to be and including the appropriate budg- (a) POINT OF ORDER.— proposed by him to the concurrent res- etary levels for fiscal years 2006 (1) IN GENERAL.—It shall not be in order in olution S. Con. Res. 95, setting forth through 2009; which was ordered to lie the Senate to consider any direct spending the congressional budget for the United on the table; as follows: or revenue legislation that would increase States Government for fiscal year 2005 On page 3, line 9, increase the amount by the on-budget deficit or cause an on-budget and including the appropriate budg- $382,000,000. deficit for any one of the three applicable etary levels for fiscal years 2006 On page 3, line 10, increase the amount by time periods as measured in paragraphs (5) $196,000,000. and (6). through 2009; which was ordered to lie (2) APPLICABLE TIME PERIODS.—For pur- on the table; as follows: On page 3, line 11, increase the amount by $38,000,000. poses of this subsection, the term ‘‘applica- On page 3, line 9, increase the amount by On page 3, line 12, increase the amount by ble time period’’ means any 1 of the 3 fol- $2,000,000. $9,000,000. lowing periods: On page 3, line 10, increase the amount by On page 3, line 13, increase the amount by (A) The first year covered by the most re- $7,000,000. $3,000,000. cently adopted concurrent resolution on the On page 3, line 11, increase the amount by On page 3, line 17, increase the amount by budget. $13,000,000. $382,000,000. (B) The period of the first 5 fiscal years On page 3, line 12, increase the amount by On page 3, line 18, increase the amount by covered by the most recently adopted con- $15,000,000. $196,000,000. current resolution on the budget. On page 3, line 13, increase the amount by On page 3, line 19, increase the amount by (C) The period of the 5 fiscal years fol- $4,000,000. $38,000,000. lowing the first 5 fiscal years covered in the On page 3, line 17, increase the amount by On page 3, line 20, increase the amount by most recently adopted concurrent resolution $2,000,000. $9,000,000. on the budget. On page 3, line 18, increase the amount by On page 3, line 21, increase the amount by (3) DIRECT-SPENDING LEGISLATION.—For $7,000,000. $3,000,000. purposes of this subsection and except as

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.103 S10PT1 S2570 CONGRESSIONAL RECORD — SENATE March 10, 2004 provided in paragraph (4), the term ‘‘direct- On page 3, line 13, increase the amount by On page 3, line 17, increase the amount by spending legislation’’ means any bill, joint 18,082,000,000. $9,936,000,000. resolution, amendment, motion, or con- On page 3, line 17, increase the amount by On page 3, line 18, increase the amount by ference report that affects direct spending as 3,087,000,000. $7,446,000,000. that term is defined by, and interpreted for On page 3, line 18, increase the amount by On page 3, line 19, increase the amount by purposes of, the Balanced Budget and Emer- 5,408,000,000. $2,032,000,000. gency Deficit Control Act of 1985. On page 3, line 19, increase the amount by On page 3, line 20, increase the amount by (4) EXCLUSION.—For purposes of this sub- 7,415,000,000. $390,000,000. section, the terms ‘‘direct-spending legisla- On page 3, line 20, increase the amount by On page 3, line 21, increase the amount by tion’’ and ‘‘revenue legislation’’ do not in- 9,901,000,000. $90,000,000. clude— On page 3, line 21, increase the amount by On page 4, line 20, increase the amount by (A) any concurrent resolution on the budg- 18,082,000,000. $9,936,000,000. et; or On page 4, line 20, increase the amount by On page 4, line 21, increase the amount by (B) any provision of legislation that affects 3,087,000,000. $7,446,000,000. the full funding of, and continuation of, the On page 4, line 21, increase the amount by On page 4, line 22, increase the amount by deposit insurance guarantee commitment in 5,408,000,000. $2,032,000,000. effect on the date of enactment of the Budg- On page 4, line 22, increase the amount by On page 4, line 23, increase the amount by et Enforcement Act of 1990. 7,415,000,000. $390,000,000. On page 4, line 23, increase the amount by On page 4, line 24, increase the amount by (5) BASELINE.—Estimates prepared pursu- 9,901,000,000. ant to this section shall— $90,000,000. On page 4, line 24, increase the amount by On page 5, line 3, decrease the amount by (A) use the baseline surplus or deficit used 18,082,000,000. $9,936,000,000. for the most recently adopted concurrent On page 5, line 3, decrease the amount by On page 5, line 4, decrease the amount by resolution on the budget; and 3,087,000,000. $19,414,000,000. (B) be calculated under the requirements On page 5, line 4, decrease the amount by On page 5, line 6, decrease the amount by of subsections (b) through (d) of section 257 8,495,000,000. $19,804,000,000. of the Balanced Budget and Emergency Def- On page 5, line 5, decrease the amount by On page 5, line 7, decrease the amount by icit Control Act of 1985 for fiscal years be- 15,910,000,000. $19,894,000,000. yond those covered by that concurrent reso- On page 5, line 6, decrease the amount by On page 5, line 11, decrease the amount by lution on the budget. 25,811,000,000. $9,936,000,000. (6) PRIOR SURPLUS.—If direct spending or On page 5, line 7, decrease the amount by On page 5, line 12, decrease the amount by revenue legislation increases the on-budget 43,893,000,000. $17,382,000,000. deficit or causes an on-budget deficit when On page 5, line 11, decrease the amount by On page 5, line 13, decrease the amount by taken individually, it must also increase the 3,087,000,000. $19,414,000,000. on-budget deficit or cause an on-budget def- On page 5, line 12, decrease the amount by On page 5, line 14, decrease the amount by icit when taken together with all direct 8,495,000,000. $19,804,000,000. spending and revenue legislation enacted On page 5, line 13, decrease the amount by On page 5, line 15, decrease the amount by since the beginning of the calendar year not 15,910,000,000. $19,894,000,000. accounted for in the baseline under para- On page 5, line 14, decrease the amount by On page 31, line 7, strike $30,000,000,000 and graph (5)(A), except that direct spending or 25,811,000,000. replace with $50,000,000,000. revenue effects resulting in net deficit reduc- On page 5, line 15, decrease the amount by tion enacted pursuant to reconciliation in- 43,893,000,000. SA 2751. Mr. BAUCUS (for himself, structions since the beginning of that same At the end of title III, insert the following: Mr. DASCHLE, Mr. LIEBERMAN, Mr. JEF- calendar year shall not be available. SEC. . RESERVE FUND FOR IMPROVEMENTS TO FORDS, Mrs. FEINSTEIN, Mr. BINGAMAN, (b) WAIVER.—This section may be waived PELL GRANT PROGRAM TO ASSIST URRAY OCKEFELLER or suspended in the Senate only by the af- NONTRADITIONAL STUDENTS. Mrs. M and Mr. R ) firmative vote of three-fifths of the Mem- The Chairman of the Committee on Budget submitted an amendment intended to bers, duly chosen and sworn. of the Senate shall revise aggregates, func- be proposed by him to the concurrent (c) APPEALS.—Appeals in the Senate from tion totals, allocations to the Committee on resolution S. Con. Res. 95, setting forth the decisions of the Chair relating to any Appropriations of the Senate, discretionary the congressional budget for the United provision of this section shall be limited to 1 spending limits, and other appropriate levels States Government for fiscal year 2005 hour, to be equally divided between, and con- and limits in this resolution by up to and including the appropriate budg- trolled by, the appellant and the manager of $1,786,000,000 in budget authority for fiscal etary levels for fiscal years 2006 the bill or joint resolution, as the case may years 2005, and by the amount of outlays be. An affirmative vote of three-fifths of the flowing therefrom in 2005 and subsequent through 2009; as follows: Members of the Senate, duly chosen and years, for a bill, joint resolution, motion, Strike section 201(c). sworn, shall be required to sustain an appeal amendment, or conference report that pro- of the ruling of the Chair on a point of order vides additional fiscal year 2005 discre- SA 2752. Mr. PRYOR submitted an raised under this section. tionary appropriations, in excess of levels amendment intended to be proposed by (d) DETERMINATION OF BUDGET LEVELS.— provided in this resolution, to expand the him to the concurrent resolution S. For purposes of this section, the levels of maximum Pell Grant award, make grants Con. Res. 95, setting forth the congres- new budget authority, outlays, and revenues available year-round, increase the income sional budget for the United States for a fiscal year shall be determined on the protection for independent students, increase Government for fiscal year 2005 and in- basis of estimates made by the Committee funding for student support services, and in- cluding the appropriate budgetary lev- on the Budget of the Senate. crease funding for campus child care. (e) SUNSET.—This section shall expire on els for fiscal years 2006 through 2009; September 30, 2009. SA 2750. Mr. FEINGOLD (for himself, which was ordered to lie on the table; Mr. CORZINE, and Mr. DURBIN) sub- as follows: SA 2749. Mr. GRAHAM of Florida (for mitted an amendment intended to be At the end of title V, insert the following: himself and Mrs. CLINTON) submitted proposed by him to the concurrent res- SEC. ll. FINDINGS AND SENSE OF THE SENATE. an amendment intended to be proposed olution S. Con. Res. 95, setting forth (a) FINDINGS.—The Senate finds that— by him to the concurrent resolution S. the congressional budget for the United (1) the United States is in the grip of per- Con. Res. 95, setting forth the congres- States Government for fiscal year 2005 vasively higher natural gas prices; sional budget for the United States (2) high natural gas prices are, in general, and including the appropriate budg- having an effect that is rippling through the Government for fiscal year 2005 and in- etary levels for fiscal years 2006 cluding the appropriate budgetary lev- United States economy and are, in par- through 2009; which was ordered to lie ticular, impacting home energy bills; els for fiscal years 2006 through 2009; on the table; as follows: (3) while persons in many sectors can adapt which was ordered to lie on the table; On page 3, line 9, increase the amount by to gas price increases, persons in some sec- as follows: $9,936,000,000. tors simply cannot; On page 3, line 9, increase the amount by On page 3, line 10, increase the amount by (4) elderly and disabled citizens who are 3,087,000,000. $7,446,000,000. living on fixed incomes, low-income individ- On page 3, line 10, increase the amount by On page 3, line 11, increase the amount by uals, and the working poor face hardships 5,408,000,000. $2,032,000,000. wrought by natural gas prices; On page 3, line 11, increase the amount by On page 3, line 12, increase the amount by (5) the energy burden for persons among 7,415,000,000. $390,000,000. the working poor often exceeds 40 percent of On page 3, line 12, increase the amount by On page 3, line 13, increase the amount by those persons’ incomes under normal condi- 9,901,000,000. $90,000,000. tions;

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.099 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2571 (6) under current circumstances, natural (4) Maritime commerce is the primary (3) In fiscal year 2003, however, State and gas prices are unnaturally high, and those mode of transportation for international local governments spent at least are not normal circumstances; trade, with ships carrying more than 80 per- $14,000,000,000 in costs associated with the in- (7) while critically important and encour- cent of such trade, by volume. carceration of undocumented criminal aged, State energy assistance and charitable (5) Disruption of trade flowing through aliens. assistance funds have been overwhelmed by United States ports could have a cata- (4) The Federal Government provided the crisis caused by the high gas prices; strophic impact on both the United States $248,000,000 in appropriated funding to the (8) the Federal Low-Income Home Energy and the world economies. State Criminal Alien Assistance Program Assistance Program (referred to in this sec- (6) In addition to the economic importance (SCAAP) to re imburse State and local gov- tion as ‘‘LIHEAP’’) and the companion of United States ports, such ports form a ernments for these costs in fiscal year 2003. weatherization assistance program (referred critical link in the United States national (5) The Federal Govermnent provided to in this section as ‘‘WAP’’), are the Federal security structure, and are necessary to en- $300,000,000 in appropriated funding to the Government’s primary means to assist eligi- sure that United States military material State Criminal Alien Assistance Program ble low-income individuals in the United can be effectively and quickly shipped to any (SCAAP) to reimburse State and local gov- States to shoulder the burdens caused by location where such material is needed. ernments for these costs in fiscal year 2004. their home heating and cooling needs; (7) Terrorist groups, including extremist (6) In fiscal years 2003 and 2004, the Admin- (9) in 2003, LIHEAP reached only 15 percent groups such as al Qaeda, are likely to con- istration did not request funding for the of the persons in the United States who were sider, formulate, and execute plans to con- SCAAP program. eligible for assistance under the program; duct a terrorist strike against one or more of (7) The Administration did not request (10) since LIHEAP’s inception, its infla- the ports in the United States. funding for SCAAP in its fiscal year 2005 tion-adjusted buying power has eroded by 58 (8) Terrorists have conducted attacks budget. percent; against maritime commerce in the past, in- (b) SENSE OF THE SENATE.—It is the sense (11) the aggressive draw-down of Federal cluding the October 2002 attack on the of the Senate that the levels in this concur- funds from LIHEAP to address legitimate French oil tanker LIMBERG and the October rent resolution assume that— (1) Congress fund the SCAAP program for winter heating demands has led to a subse- 2000 attack on the USS COLE in Yemen. $850,000,000 for fiscal year 2005; and quent cooling crisis that will be manifest (9) It is critical that port security be en- (2) Congress enact the long-term reauthor- later this year; and hanced and improved through the adoption ization of the SCAAP program to reimburse (12) more individuals in the United States of better formulated security procedures, the State and local governments for the burdens succumb to extreme heat than all other adoption of new regulations and law, and in- undocumented criminal aliens have placed weather phenomena combined. vestment in long-term capital improvements (b) SENSE OF THE SENATE.—It is the sense on the local criminal justice system. to the structure of the United States most of the Senate that the levels in this concur- critical ports. rent resolution assume— SA 2755. Mr. HATCH (for himself and (10) Effective funding to provide adequate (1) an authorization of $3,400,000,000 for Mr. BINGAMAN) submitted an amend- security at United States ports requires a each of fiscal years 2004 through 2006 to carry commitment to provide Federal funds over ment intended to be proposed by him out the LIHEAP program; multiple years to fund long-term capital im- to the bill S. 1637, to amend the Inter- (2) an authorization of $325,000,000 for fiscal nal Revenue Code of 1986 to comply year 2004, $400,000,000 for fiscal year 2005, and provement projects. (b) SENSE OF THE SENATE.—It is the sense $500,000,000 for fiscal year 2006 to carry out with the World Trade Organization rul- of the Senate that— the WAP program; ings on the FSC/ETI benefit in a man- (1) the budget of the United States should (3) appropriations, for those programs, of ner that preserves jobs and production provide adequate funding for port security sufficient additional funds to realistically activities in the United States, to re- projects and not less than the amount of address the immediate heating crisis, and such funding that is adequate to implement form and simplify the international the cooling crisis that awaits the United an effective port security plan; taxation rules of the United States, States this summer, as well as the systemic (2) the implementation of the budget of the and for other purposes; which was or- shortfalls that have plagued those programs and the eligible individuals that the pro- United States should permit the provision of dered to lie on the table; as follows: grams are designed to assist; and Federal funds over multiple years to fund At the appropriate place, insert the fol- (4) advance appropriations of the necessary long-term security improvement projects at lowing: funds to ensure the smooth operation of ports in the United States; and SEC. . EXCLUSION OF INCENTIVE STOCK OP- those programs during times of peak de- (3) the Secretary of Homeland Security TIONS AND EMPLOYEE STOCK PUR- mand. should, as soon as practicable, develop a CHASE PLAN STOCK OPTIONS FROM funding plan for port security that permits WAGES. SA 2753. Mrs. FEINSTEIN (for her- funding over multiple years for such (a) EXCLUSION FROM EMPLOYMENT TAXES.— (1) SOCIAL SECURITY TAXES.— self, Mr. HOLLINGS, Mr. CORZINE, Mr. projects. (A) Section 3121(a) of the Internal Revenue BREAUX, Mr. SCHUMER, Mr. DODD, Mr. SA 2754. Mrs. FEINSTEIN (for her- Code of 1986 (relating to definition of wages) BIDEN, Ms. MIKULSKI, Mrs. MURRAY, self, Mr. KYL, Mr. BINGAMAN, Mrs. is amended by striking ‘‘or’’ at the end of and Mr. GRAHAM) submitted an amend- HUTCHISON, Mr. KENNEDY, Mr. CORNYN, paragraph (20), by striking the period at the ment intended to be proposed by her to Mrs. BOXER, Mr. DOMENICI, Mrs. CLIN- end of paragraph (21) and inserting ‘‘; or’’, the concurrent resolution S. Con. Res. and by inserting after paragraph (21) the fol- TON, Mr. MCCAIN, Mr. SCHUMER, Mr. 95, setting forth the congressional lowing new paragraph: GRAHAM of Florida, Mr. LAUTENBERG, budget for the United States Govern- ‘‘(22) remuneration on account of— Ms. CANTWELL, Mr. CORZINE, Mr. FEIN- ment for fiscal year 2005 and including ‘‘(A) a transfer of a share of stock to any GOLD, Mr. EDWARDS, and Mr. ALEX- the appropriate budgetary levels for individual pursuant to an exercise of an in- ANDER) submitted an amendment in- centive stock option (as defined in section fiscal years 2006 through 2009; which tended to be proposed by her to the 422(b)) or under an employee stock purchase was ordered to lie on the table; as fol- concurrent resolution S. Con. Res. 95, plan (as defined in section 423(b)), or lows: setting forth the congressional budget ‘‘(B) any disposition by the individual of On page 54, after line 22, insert the fol- such stock.’’ lowing new section: for the United States Government for (B) Section 209(a) of the Social Security SEC. 510. SENSE OF THE SENATE REGARDING fiscal year 2005 and including the ap- Act is amended by striking ‘‘or’’ at the end FUNDING FOR PORT SECURITY. propriate budgetary levels for fiscal of paragraph (17), by striking the period at (a) FINDINGS.—The Senate makes the fol- years 2006 through 2009; which was or- the end of paragraph (18) and inserting ‘‘; lowing findings: dered to lie on the table; as follows: or’’, and by inserting after paragraph (18) the (1) In the United States, the system of At the appropriate place, insert the fol- following new paragraph: maritime commerce, including seaports and lowing: ‘‘(19) Remuneration on account of— ‘‘(A) a transfer of a share of stock to any other ports, is a critical element of the SEC. . SENSE OF THE SENATE ON THE STATE United States economic, social, and environ- CRIMINAL ALIEN ASSISTANCE PRO- individual pursuant to an exercise of an in- mental infrastructure. GRAM. centive stock option (as defined in section (2) In 2001, ports in the United States han- (a) FINDINGS.—The Senate finds the fol- 422(b) of the Internal Revenue Code of 1986) dled approximately 5,400 ships, the majority lowing: or under an employee stock purchase plan of which were owned by foreign persons and (1) Control of illegal immigration is a Fed- (as defined in section 423(b) of such Code), or crewed by nationals of foreign countries, eral responsibility. ‘‘(B) any disposition by the individual of that made a total of more than 60,000 calls at (2) The State Criminal Alien Assistance such stock.’’ such ports. Program (SCAAP) provides critical funding (2) RAILROAD RETIREMENT TAXES.—Sub- (3) In a typical year, more than 17,000,000 to States and localities for reimbursement of section (e) of section 3231 of such Code is cargo containers are handled at ports in the costs incurred as a result of housing undocu- amended by adding at the end the following United States. mented criminal aliens. new paragraph:

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.098 S10PT1 S2572 CONGRESSIONAL RECORD — SENATE March 10, 2004

‘‘(12) QUALIFIED STOCK OPTIONS.—The term bers of the family’ means the common ances- (C) The heading for paragraph (3) of section ‘compensation’ shall not include any remu- tor, lineal descendants of the common ances- 1362(d) is amended by striking ‘‘25 PER- neration on account of— tor and the spouses of such lineal descend- CENT’’ and inserting ‘‘60 PERCENT’’. ‘‘(A) a transfer of a share of stock to any ants or common ancestor. (D) Section 1375(b)(1)(A)(i) is amended by individual pursuant to an exercise of an in- ‘‘(C) COMMON ANCESTOR.—For purposes of striking ‘‘25 percent’’ and inserting ‘‘60 per- centive stock option (as defined in section this paragraph, an individual shall not be cent’’. 422(b)) or under an employee stock purchase considered a common ancestor if, as of the (E) The heading for section 1375 is amended plan (as defined in section 423(b)), or later of the effective date of this paragraph by striking ‘‘25 percent’’ and inserting ‘‘60 ‘‘(B) any disposition by the individual of or the time the election under section 1362(a) percent.’’ such stock.’’ is made, the individual is more than 6 gen- (F) The table of sections for part III of sub- (3) UNEMPLOYMENT TAXES.—Section 3306(b) erations removed from the youngest genera- chapter S of chapter 1 is amended by strik- of such Code (relating to definition of wages) tion of shareholders. ing ‘‘25 percent’’ in the item relating to sec- is amended by striking ‘‘or’’ at the end of ‘‘(D) EFFECT OF ADOPTION, ETC.—In deter- tion 1375 and inserting ‘‘60 percent’’. (b) CAPITAL GAIN NOT TREATED AS PASSIVE paragraph (17), by striking the period at the mining whether any relationship specified in INVESTMENT INCOME.—Section 1362(d)(3) is end of paragraph (18) and inserting ‘‘; or’’, subparagraph (B) or (C) exists, the rules of amended— and by inserting after paragraph (18) the fol- section 152(b)(2) shall apply. (1) by striking ‘‘annuities,’’ and all that lowing new paragraph: ‘‘(E) ELECTION.—An election under sub- follows in subparagraph (C)(i) and inserting ‘‘(19) remuneration on account of— paragraph (A)(ii)— ‘‘and annuities.’’, and ‘‘(A) a transfer of a share of stock to any ‘‘(i) must be made with the consent of all (2) by striking subparagraphs (C)(iv) and individual pursuant to an exercise of an in- persons who are shareholders (including (D) and by redesignating subparagraph (E) as centive stock option (as defined in section those that are family members) in the cor- subparagraph (D). 422(b)) or under an employee stock purchase poration on the day the election is made, (c) CONFORMING AMENDMENTS.—Section plan (as defined in section 423(b)), or ‘‘(ii) in the case of— 1375(d) is amended by striking ‘‘subchapter ‘‘(B) any disposition by the individual of ‘‘(I) an electing small business trust, shall C’’ both places it appears and inserting ‘‘ac- such stock.’’ be made by the trustee of the trust, and cumulated’’. (b) WAGE WITHHOLDING NOT REQUIRED ON ‘‘(II) a qualified subchapter S trust, shall (d) EFFECTIVE DATE.—The amendments DISQUALIFYING DISPOSITIONS.—Section 421(b) be made by the beneficiary of the trust, made by this section shall apply to taxable of the Internal Revenue Code of 1986 (relat- ‘‘(iii) under regulations, shall remain in ef- years beginning after December 31, 2004. ing to effect of disqualifying dispositions) is fect until terminated, and PART III—TREATMENT OF S CORPORATION amended by adding at the end the following ‘‘(iv) shall apply only with respect to 1 SHAREHOLDERS new sentence: ‘‘No amount shall be required family in any corporation.’’. SEC. . TRANSFER OF SUSPENDED LOSSES INCI- to be deducted and withheld under chapter 24 (b) RELIEF FROM INADVERTENT INVALID DENT TO DIVORCE. with respect to any increase in income at- ELECTION OR TERMINATION.— Section 1362(f) (a) IN GENERAL.—Section 1366(d) (relating tributable to a disposition described in the (relating to inadvertent invalid elections or to special rules for losses and deductions) is preceding sentence.’’ terminations), as amended by this Act, is amended by adding at the end the following (c) WAGE WITHHOLDING NOT REQUIRED ON amended— new paragraph: COMPENSATION WHERE OPTION PRICE IS BE- (1) by inserting ‘‘or under section ‘‘(4) TRANSFER OF SUSPENDED LOSSES AND TWEEN 85 PERCENT AND 100 PERCENT OF VALUE 1361(c)(1)(A)(ii)’’ after ‘‘section DEDUCTIONS WHEN STOCK IS TRANSFERRED INCI- OF STOCK.—Section 423(c) of the Internal 1361(b)(3)(B)(ii)’’ in paragraph (1), and DENT TO DIVORCE.—For purposes of paragraph Revenue Code of 1986 (relating to special rule (2) by inserting ‘‘or under section (2), the transfer of any shareholder’s stock in where option price is between 85 percent and 1361(c)(1)(E)(iii)’’ after ‘‘section 1361(b)(3)(C)’’ an S corporation incident to a decree of di- 100 percent of value of stock) is amended by in paragraph (1)(B). vorce shall include any loss or deduction de- adding at the end the following new sen- (c) EFFECTIVE DATE.—The amendments scribed in such paragraph attributable to tence: ‘‘No amount shall be required to be made by this section shall apply to taxable such stock.’’ deducted and withheld under chapter 24 with years beginning after December 31, 2004. (b) EFFECTIVE DATE.—The amendment respect to any amount treated as compensa- SEC. . INCREASE IN NUMBER OF ELIGIBLE made by this section shall apply to transfers tion under this subsection.’’ SHAREHOLDERS TO 100. in taxable years beginning after December (a) IN GENERAL.—Section 1361(b)(1)(A) (de- 31, 2004. SA 2756. Mr. HATCH (for himself, Mr. fining small business corporation) is amend- SEC. . USE OF PASSIVE ACTIVITY LOSS AND AT- BREAUX, and Mrs. LINCOLN) submitted ed by striking ‘‘75’’ and inserting ‘‘100’’. RISK AMOUNTS BY QUALIFIED SUB- (b) EFFECTIVE DATE.—The amendment CHAPTER S TRUST INCOME BENE- an amendment intended to be proposed FICIARIES. by him to the bill S. 1637, to amend the made by this section shall apply to taxable years beginning after December 31, 2004. (a) IN GENERAL.—Section 1361(d)(1) (relat- Internal Revenue Code of 1986 to com- ing to special rule for qualified subchapter S ply with the World Trade Organization SEC. . NONRESIDENT ALIENS ALLOWED AS trust) is amended— BENEFICIARIES OF AN ELECTING (1) by striking ‘‘and’’ at the end of subpara- rulings on the FSC/ETI benefit in a SMALL BUSINESS TRUST. manner that preserves jobs and produc- graph (A), (a) IN GENERAL.—Section 1361(e)(1)(A)(i)(I) (2) by striking the period at the end of sub- tion activities in the United States, to is amended by inserting ‘‘(including a non- paragraph (B) and inserting ‘‘, and’’, and reform and simplify the international resident alien individual)’’ after ‘‘indi- (3) by adding at the end the following new taxation rules of the United States, vidual’’. subparagraph: and for other purposes; which was or- (b) CONFORMING AMENDMENT.—Clause (v) of ‘‘(C) for purposes of applying sections 465 dered to lie on the table; as follows: section 1361(c)(2)(B) is amended by adding at and 469(g) to the beneficiary of the trust, the the end the following new sentence: ‘‘This disposition of the S corporation stock by the At the appropriate place, insert the fol- clause shall not apply for purposes of sub- trust shall be treated as a disposition by lowing: section (b)(1)(C).’’. such beneficiary.’’. Subtitle —Provisions Relating To S (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments Corporation Reform and Simplification made by this section shall take effect on the made by this section shall apply to transfers PART I—MAXIMUM NUMBER OF SHAREHOLDERS date of the enactment of this Act. in taxable years beginning after December OF AN S CORPORATION PART II—TERMINATION OF ELECTION AND AD- 31, 2004. SEC. . DISREGARD OF UNEXERCISED POWERS SEC. . MEMBERS OF FAMILY TREATED AS 1 DITIONS TO TAX DUE TO PASSIVE INVEST- OF APPOINTMENT IN DETERMINING SHAREHOLDER. MENT INCOME POTENTIAL CURRENT BENE- (a) IN GENERAL.—Paragraph (1) of section SEC. . MODIFICATIONS TO PASSIVE INCOME FICIARIES OF ESBT. 1361 (c) (relating to special rules for applying RULES. (a) IN GENERAL.—Section 1361(e)(2) (defin- subsection (b)) is amended to read as follows: (a) INCREASED PERCENTAGE LIMIT.— ing potential current beneficiary) is amend- ‘‘(1) MEMBERS OF FAMILY TREATED AS 1 (1) IN GENERAL.—Subsection (a)(2) of sec- ed by inserting ‘‘(determined without regard SHAREHOLDER.— tion 1375 (relating to tax imposed when pas- to any unexercised (in whole or in part) ‘‘(A) IN GENERAL.—For purpose of sub- sive investment income of corporation hav- power of appointment during such period)’’ section (b)(1)(A)— ing accumulated earnings and profits ex- after ‘‘of the trust’’ in the first sentence. ‘‘(i) except as provided in clause (ii), a hus- ceeds 25 percent of gross receipts) is amended (b) EFFECTIVE DATE.—The amendment band and wife (and their estates) shall be by striking ‘‘25 percent’’ and inserting ‘‘60 made by this section shall apply to taxable treated as 1 shareholder, and percent’’. years beginning after December 31, 2004. ‘‘(ii) in the case of a family with respect to (2) CONFORMING AMENDMENTS.— SEC. . CLARIFICATION OF ELECTING SMALL which an election is in effect under subpara- (A) Section 26(b)(2)(J) is amended by strik- BUSINESS TRUST DISTRIBUTION graph (E), all members of the family shall be ing ‘‘25 percent’’ and inserting ‘‘60 percent’’. RULES. treated as 1 shareholder. (B) Section 1362(d)(3)(A)(i)(II) is amended (a) IN GENERAL.—Section 641(c)(1) (relating ‘‘(B) MEMBERS OF THE FAMILY.—For pur- by striking ‘‘25 percent’’ and inserting ‘‘60 to special rules for taxation of electing small pose of subparagraph (A)(ii), the term ‘mem- percent’’. business trusts) is amended—

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.131 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2573 (1) by striking ‘‘and’’ at the end of subpara- ‘‘(i) which are held by an individual solely any taxable year beginning before January 1, graph (A), by reason of status as a director of such bank 1983, for which such corporation was an (2) by redesignating subparagraph (B) as or company or its controlled subsidiary; and electing small business corporation under subparagraph (C), and ‘‘(ii) which are subject to an agreement such subchapter S.’’. (3) by inserting after subparagraph (A) the pursuant to which the holder is required to (b) EFFECTIVE DATE.—The amendment following new subparagraph: dispose of the shares of stock upon termi- made by this section shall apply to taxable ‘‘(B) any distribution attributable to the nation of the holder’s status as a director at years beginning after December 31, 2004. portion treated as a separate trust shall be the same price as the individual acquired treated separately from any distribution at- such shares of stock. SA 2757. Mr. FEINGOLD (for himself, tributable to the portion not so treated, ‘‘(3) DISTRIBUTIONS.—A distribution (not in Mr. CORZINE, and Mr. DURBIN) sub- and’’. part or full payment in exchange for stock) mitted an amendment intended to be (b) EFFECTIVE DATE.—The amendments made by the corporation with respect to proposed by him to the concurrent res- made by this section shall apply to taxable qualifying director shares shall be includable olution S. Con. Res. 95, setting forth years beginning after December 31, 2004. as ordinary income of the holder and deduct- the congressional budget for the United PART IV—PROVISIONS RELATING TO BANKS ible to the corporation as an expense in com- puting taxable income under section 1363(b) States Government for fiscal year 2005 SEC. . SALE OF STOCK IN IRA RELATING TO S and including the appropriate budg- CORPORATION ELECTION EXEMPT in the year such distribution is received.’’. FROM PROHIBITED TRANSACTION (b) CONFORMING AMENDMENT.—Section etary levels for fiscal years 2006 RULES. 1366(a) is amended by adding at the end the through 2009; which was ordered to lie (a) IN GENERAL.—Section 4975(d) (relating following new paragraph: on the table; as follows: ‘‘(3) ALLOCATION WITH RESPECT TO QUALI- to exemptions) is amended by striking ‘‘or’’ On page 3, line 9, increase the amount by FYING DIRECTOR SHARES.—The holders of at the end of paragraph (14), by striking the $9,936,000,000. qualifying director shares (as defined in sec- period at the end of paragraph (15) and in- On page 3, line 10, increase the amount by tion 1361(f)) shall not, with respect to such serting ‘‘; or’’, and by adding at the end the $7,446,000,000. shares of stock, be allocated any of the items following new paragraph: On page 3, line 11, increase the amount by described in paragraph (1).’’. ‘‘(16) a sale of stock held by a trust which $2,032,000,000. (c) EFFECTIVE DATE.—The amendments constitutes an individual retirement account On page 3, line 12, increase the amount by made by this section shall apply to taxable under section 408(a) to the individual for $390,000,000. whose benefit such account is established if years beginning after December 31, 2004. On page 3, line 13, increase the amount by such sale is pursuant to an election under PART V—QUALIFIED SUBCHAPTER S $90,000,000. section 1362(a).’’. SUBSIDIARIES On page 3, line 17, increase the amount by (b) EFFECTIVE DATE.—The amendments SEC. . RELIEF FROM INADVERTENTLY INVALID $9,936,000,000. made by this section shall apply to sales of QUALIFIED SUBCHAPTER S SUB- On page 3, line 18, increase the amount by stock held by individual retirement accounts SIDIARY ELECTIONS AND TERMI- $7,446,000,000. on the date of the enactment of this Act. NATIONS. On page 3, line 19, increase the amount by SEC. . EXCLUSION OF INVESTMENT SECURITIES (a) IN GENERAL.—Section 1362(f) (relating $2,032,000,000. INCOME FROM PASSIVE INCOME to inadvertent invalid elections or termi- On page 3, line 20, increase the amount by TEST FOR BANK S CORPORATIONS. nations) is amended— $390,000,000. (a) IN GENERAL.—Section 1362(d)(3) (relat- (1) by inserting ‘‘or under section On page 3, line 21, increase the amount by ing to where passive investment income ex- 1361(b)(3)(B)(ii)’’ after ‘‘subsection (a)’’ in $90,000,000. ceeds certain percentage of gross receipts for paragraph (1), On page 4, line 20, increase the amount by 3 consecutive taxable years and corporation (2) by inserting ‘‘or under section $9,936,000,000. has accumulated earnings and profits), as 1361(b)(3)(C)’’ after ‘‘subsection (d)’’ in para- On page 4, line 21, increase the amount by amended by this Act, is amended by adding graph (1)(B), $7,446,000,000. at the end the following new subparagraph: (3) by inserting ‘‘or a qualified subchapter On page 4, line 22, increase the amount by ‘‘(E) EXCEPTION FOR BANKS; ETC.—In the S subsidiary, as the case may be’’ after $2,032,000,000. case of a bank (as defined in section 581), a ‘‘small business corporation’’ in paragraph On page 4, line 23, increase the amount by bank holding company (as defined in section (3)(A), $390,000,000. 246A(c)(3)(B)(ii)), or a qualified subchapter S (4) by inserting ‘‘or a qualified subchapter On page 4, line 24, increase the amount by subsidiary which is a bank, the term ‘passive S subsidiary, as the case may be’’ after ‘‘S $90,000,000. investment income’ shall not include— corporation’’ in paragraph (4), and On page 5, line 3, increase the amount by ‘‘(i) interest income earned by such bank, (5) by inserting ‘‘or a qualified subchapter $9,936,000,000. bank holding company, or qualified sub- S subsidiary, as the case may be’’ after ‘‘S On page 5, line 4, increase the amount by chapter S subsidiary, or corporation’’ in the matter following para- $17,382,000,000. ‘‘(ii) dividends on assets required to be held graph (4). On page 5, line 5, increase the amount by by such bank, bank holding company, or (b) EFFECTIVE DATE.—The amendments $19,414,000,000. qualified subchapter S subsidiary to conduct made by this section shall apply to taxable On page 5, line 6, increase the amount by a banking business, including stock in the years beginning after December 31, 2004. $19,804,000,000. Federal Reserve Bank, the Federal Home SEC. . INFORMATION RETURNS FOR QUALIFIED On page 5, line 7, increase the amount by Loan Bank, or the Federal Agricultural SUBCHAPTER S SUBSIDIARIES. $19,894,000,000. Mortgage Bank or participation certificates (a) IN GENERAL.—Section 1361(b)(3)(A) (re- On page 5, line 11, increase the amount by issued by a Federal Intermediate Credit lating to treatment of certain wholly owned $9,936,000,000. Bank.’’. subsidiaries) is amended by inserting ‘‘and in On page 5, line 12, increase the amount by (b) EFFECTIVE DATE.—The amendment the case of information returns required $17,382,000,000. made by this section shall apply to taxable under part III of subchapter A of chapter 61’’ On page 5, line 13, increase the amount by years beginning after December 31, 2004. after ‘‘Secretary’’. $19,414,000,000. On page 5, line 14, increase the amount by SEC. . TREATMENT OF QUALIFYING DIRECTOR (b) EFFECTIVE DATE.—The amendment SHARES. made by this section shall apply to taxable $19,804,000,000. On page 5, line 15, increase the amount by (a) IN GENERAL.—Section 1361 (defining S years beginning after December 31, 2004. $19,894,000,000. corporation) is amended by adding at the end PART VI—ADDITIONAL PROVISIONS On page 31, line 7, strike $30,000,000,000 and the following new subsection: SEC. . ELIMINATION OF ALL EARNINGS AND replace with $50,000,000,000. ‘‘(f) TREATMENT OF QUALIFYING DIRECTOR PROFITS ATTRIBUTABLE TO PRE- SHARES.— 1983 YEARS. SA 2758. Mr. LAUTENBERG (for him- ‘‘(1) IN GENERAL.—For purposes of this sub- (a) IN GENERAL.—Subsection (a) of section chapter— 1311 of the Small Business Job Protection self and Mr. DORGAN) submitted an ‘‘(A) qualifying director shares shall not be Act of 1996 is amended to read as follows: amendment intended to be proposed by treated as a second class of stock, and ‘‘(a) IN GENERAL.—If a corporation was an him to the concurrent resolution S. ‘‘(B) no person shall be treated as a share- electing small business corporation under Con. Res. 95, setting forth the congres- holder of the corporation by reason of hold- subchapter S of chapter 1 of the Internal sional budget for the United States ing qualifying director shares. Revenue Code of 1986 for any taxable year be- Government for fiscal year 2005 and in- ‘‘(2) QUALIFYING DIRECTOR SHARES DE- ginning before January 1, 1983, the amount of cluding the appropriate budgetary lev- FINED.—For purposes of this subsection, the such corporation’s accumulated earnings and els for fiscal years 2006 through 2009; term ‘qualifying director shares’ means any profits (as of the beginning of the first tax- shares of stock in a bank (as defined in sec- able year beginning after December 31, 2003) which was ordered to lie on the table; tion 581) or in a bank holding company reg- shall be reduced by an amount equal to the as follows: istered as such with the Federal Reserve portion (if any) of such accumulated earn- On page 45, after line 13, insert the fol- System— ings and profits which were accumulated in lowing:

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.133 S10PT1 S2574 CONGRESSIONAL RECORD — SENATE March 10, 2004 SEC. lll. POINT OF ORDER REQUIRING OFFSET On page 3, line 21, increase the amount by On page 3, line 19, increase the amount by FOR SUPPLEMENTAL APPROPRIA- $104,000,000. $14,000,000. TIONS FOR IRAQ RECONSTRUCTION. On page 4, line 4, increase the amount by On page 3, line 20, increase the amount by (a) POINT OF ORDER.—It shall not be in $1,100,000,000. $5,000,000. order in the Senate to consider any supple- On page 4, line 12, increase the amount by On page 4, line 20, increase the amount by mental appropriations bill (or any motion, $172,000,000. $120,000,000. amendment, or conference report on any sup- On page 4, line 13, increase the amount by On page 4, line 21, increase the amount by plemental appropriation bill) providing addi- $316,000,000. $98.000,000. tional resources for rehabilitation and recon- On page 4, line 14, increase the amount by On page 4, line 22, increase the amount by struction in Iraq unless the resources pro- $255,000,000. $14,000,000. vided in the bill, motion, amendment, or On page 4, line 15, increase the amount by On page 4, line 23, increase the amount by conference report for such activities are $305,000,000. $5,000,000. fully offset in that fiscal year. On page 4, line 16, increase the amount by On page 5, line 3, decrease the amount by (b) WAIVER AND APPEAL.—This section may $52,000,000. $120,000,000. be waived or suspended in the Senate only by On page 4, line 20, increase the amount by On page 5, line 4, decrease the amount by an affirmative vote of 3⁄5 of the members, $172,000,000. $218,000,000. duly chosen and sworn. An affirmative vote On page 4, line 21, increase the amount by On page 5, line 5, decrease the amount by of 3⁄5 of the Members of the Senate, duly cho- $316,000,000. $232,000,000. sen and sworn, shall be required in the Sen- On page 4, line 22, increase the amount by On page 5, line 6, decrease the amount by ate to sustain an appeal of the ruling of the $255,000,000. $237,000,000. chair on a point of order raised under this On page 4, line 23, increase the amount by On page 5, line 7, decrease the amount by section. $305,000,000. $237,000,000. On page 4, line 24, increase the amount by On page 5, line 11, decrease the amount by SA 2759. Mr. KOHL (for himself and $52,000,000. $120,000,000. Mr. HATCH) submitted an amendment On page 5, line 3, increase the amount by On page 5, line 12, decrease the amount by intended to be proposed by him to the $172,000,000. $218,000,000. On page 5, line 13, decrease the amount by concurrent resolution S. Con. Res. 95, On page 5, line 4, decrease the amount by $488,000,000. $232,000,000. setting forth the congressional budget On page 5, line 5, decrease the amount by On page 5, line 14, decrease the amount by for the United States Government for $743,000,000. $237,000,000. fiscal year 2005 and including the ap- On page 5, line 6, decrease the amount by On page 5, line 15, decrease the amount by propriate budgetary levels for fiscal $1,048,000,000. $237,000,000. years 2006 through 2009; which was or- On page 5, line 7, decrease the amount by At the end of Title III, insert the following: dered to lie on the table; as follows: $1,100,000,000. SEC. lll. RESERVE FUND FOR THE MATERNAL On page 5, line 11, decrease the amount by AND CHILD HEALTH BLOCK GRANT. On page 20, line 17, increase the amount by $172,000,000. The Chairman of the Committee on the $122,000,000. On page 5, line 12, decrease the amount by Budget of the Senate shall revise the aggre- On page 20, line 18, increase the amount by $488,000,000. gates, functional totals, allocations to the $15,000,000. On page 5, line 13, decrease the amount by Committee on Appropriations of the Senate, On page 20, line 22, increase the amount by $743,000,000. discretionary spending limits, and other ap- $34,000,000. On page 5, line 14, decrease the amount by propriate levels and limits in this resolution On page 21, line 1, increase the amount by $1,048,000,000. by up to $120 million in budget authority for $31,000,000. On page 5, line 15, decrease the amount by fiscal year 2005, and by the amount of out- On page 21, line 5, increase the amount by $1,000,000,000. lays flowing therefrom in 2005 and subse- $24,000,000. On page 20, line 17, increase the amount by quent years, for a bill, joint resolution, mo- On page 21, line 9, increase the amount by $1,100,000,000. tion, amendment, or conference report that $18,000,000. On page 20, line 18, increase the amount by On page 23, line 5, decrease the amount by provides additional fiscal year 2005 discre- $172,000,000. $122,000,000. tionary appropriations, in excess of levels On page 20, line 22, increase the amount by On page 23, line 6, decrease the amount by provided in this resolution, for the Maternal $316,000,000. $15,000,000. and Child Health Block Grant, included in On page 21, line 1, increase the amount by On page 23 line 10, decrease the amount by this resolution for the Department of Health $255,000,000. $34,000,000. and Human Services. On page 21, line 5, increase the amount by On page 23, line 14, decrease the amount by $305,000,000. $31,000,000. SA 2762. Mr. DODD (for himself, Mrs. On page 23, line 18, decrease the amount by On page 21, line 9, increase the amount by MURRAY, Mr. CORZINE, Ms. STABENOW, $52,000,000. $24,000,000. and Mr. KOHL) submitted an amend- On page 39, line 18, increase the amount by On page 23, line 22, decrease the amount by ment intended to be proposed by him $18,000,000. $1,100,000,000. On page 39, line 19, increase the amount by to the concurrent resolution S. Con. Res. 95, setting forth the congressional SA 2760. Mr. DORGAN submitted an $172,000,000. On page 40, line 2, increase the amount by budget for the United States Govern- amendment intended to be proposed by $316,000,000. ment for fiscal year 2005 and including him to the concurrent resolution S. the appropriate budgetary levels for Con. Res. 95, setting forth the congres- SA 2761. Mr. DODD (for himself, Mrs. fiscal years 2006 through 2009; which sional budget for the United States MURRAY, Mr. CORZINE, Ms. MIKULSKI, was ordered to lie on the table; as fol- Government for fiscal year 2005 and in- and Mr. BINGAMAN) submitted an lows: cluding the appropriate budgetary lev- amendment intended to be proposed by els for fiscal years 2006 through 2009; On page 3, line 9, increase the amount by him to the concurrent resolution S. $60,000,000. which was ordered to lie on the table; Con. Res. 95, setting forth the congres- On page 3, line 10, increase the amount by as follows: sional budget for the United States $1,301,000,000. On page 3, line 9, increase the amount by Government for fiscal year 2005 and in- On page 3, line 11, increase the amount by $344,000,000. cluding the appropriate budgetary lev- $541,000,000. On page 3, line 10, increase the amount by els for fiscal years 2006 through 2009; On page 3, line 12, increase the amount by $632,000,000. $100,000,000. On page 3, line 11, increase the amount by which was ordered to lie on the table; On page 3, line 17, increase the amount by $510,000,000. as follows: $60,000,000. On page 3, line 12, increase the amount by On pace 3, line 9, increase the amount by On page 3, line 18, increase the amount by $610,000,000. $120;000,000. $1,301,000,000. On page 3, line 13, increase the amount by On page 3, line 10, increase the amount by On page 3, line 19, increase the amount by $104,000,000. $98,000,000. $541,000,000. On page 3, line 17, increase the amount by On page 3, line 11, increase the amount by On page 3, line 20, increase the amount by $344,000,000. $14,000,000. $100,000,000. On page 3, line 18, increase the amount by On page 3, line 12, increase the amount by On page 4, line 20, increase the amount by $632,000,000. $5,000,000. $60,000,000. On page 3, line 19, increase the amount by On page 3, line 17, increase the amount by On page 4, line 21, increase the amount by $510,000,000. $120,000,000. $1,301,000,000. On page 3, line 20, increase the amount by On page 3, line 18, increase the amount by On page 4, line 22, increase the amount by $610,000,000. $98,000,000. $541,000,000.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.101 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2575 On page 4, line 23, increase the amount by Such term includes any income derived from ‘‘Sec. 1358. Allocation of credits, income, and $100,000,000. a space or ocean activity (as defined in sec- deductions. On page 5, line 3, decrease the amount by tion 863(d)(2)). Except as provided in subpara- ‘‘Sec. 1359. Disposition of qualifying shipping $60,000,000. graph (A), such term shall not include any assets. On page 5, line 4, decrease the amount by dividend or interest income which is foreign $1,361,000,000. personal holding company income (as defined ‘‘SEC. 1352. ALTERNATIVE TAX ON QUALIFYING SHIPPING ACTIVITIES. On page 5, line 5, decrease the amount by in subsection (c)). ‘‘(a) IN GENERAL.—In the case of an elect- $1,902,000,000. ‘‘(2) EXCEPTIONS.— On page 5, line 6, decrease the amount by ing corporation— ‘‘(A) IN GENERAL.—Such term shall not in- $2,002,000,000. clude income attributable to a qualified ‘‘(1) the taxable income of such corporation On page 5, line 7, decrease the amount by from qualifying shipping activities shall be $2,002,000,000. U.S.-flag fleet or a Caribbean Basin shipping corporation. the amount determined under this sub- On page 5; line 11, decrease the amount by chapter, and ‘‘(B) QUALIFIED U.S.-FLAG FLEET.—For pur- $60,000,000. ‘‘(2) the corporate percentages of the items On page 5, line 12, decrease the amount by poses of this subsection, the term ‘qualified U.S.-flag fleet’ means a fleet or 2 or vessels of income, gain, loss, deduction, or credit of $1,361,000,000. such corporation and of other members of On page 5, line 13, decrease the amount by each of which— the electing group of such corporation which $1,902,000,000. ‘‘(i) is documented under the laws of the On page 5, line 14, decrease the amount by United States, would otherwise be taken into account by $2,002,000,000. ‘‘(ii) has a deadweight tonnage of not less reason of its qualifying shipping activities On page 5, line 15, decrease the amount by than 10,000 deadweight tons, shall be taken into account to the extent $2,002,000,000. ‘‘(iii) are owned by a member of the con- provided in section 1357. At the end of Title III, insert the following: trolled group (within the meaning of section ‘‘(b) ALTERNATIVE TAX.—The taxable in- SEC. lll. RESERVE FUND FOR THE 21ST CEN- 1563) of the controlled foreign corporation, come of an electing corporation from quali- TURY COMMUNITY LEARNING CEN- and fying shipping activities, if otherwise tax- TERS PROGRAM. ‘‘(iv) has been in operation for not less able under section 11, 882, or 887, shall be sub- The Chairman of the Committee on the than 320 days during the preceding taxable ject to tax only under this section at the Budget of the Senate shall revise the aggre- year. maximum rate specified in section 11(b). gates; functional totals, allocations to the ‘‘(c) TRANSFERS TO FEDERAL VESSEL FI- For purposes of clause (iv), days during Committee on Appropriations of the Senate, NANCING FUND.—The Secretary of the Treas- which a vessel is dry docked or undergoing discretionary spending limits; and other ap- ury shall transfer to the Federal Vessel Fi- survey, inspection, or repair shall be consid- propriate levels and limits in this resolution nancing Fund created under title XI of the ered to be days during which the vessel is op- by up to $1,000,000,000 in budget authority for Merchant Marine Act, 1936, the taxes col- erated. fiscal year 2005, and by the amount of out- lected under subsection (b). Notwithstanding ‘‘(C) CARIBBEAN BASIN SHIPPING CORPORA- lays flowing therefrom in 2005 and subse- the preceding sentence, the income of a for- TION.—For purposes of this subsection— quent years, for a bill, joint resolution, mo- eign corporation shall not be subject to tax ‘‘(i) IN GENERAL.—The term ‘Caribbean tion, amendment, or conference report that under this subchapter to the extent its in- Basin shipping corporation’ means a corpora- provides additional fiscal year 2005 discre- come is excludable from gross income under tion of which 75 percent of the foreign base tionary appropriations, in excess of levels section 883(a)(1) or section 894(a). provided in this resolution, for the 21st Cen- company shipping income (as defined in tury Community Learning Centers program paragraph (1)) for the taxable year is Carib- ‘‘SEC. 1353. TAXABLE INCOME FROM QUALIFYING SHIPPING ACTIVITIES. in the Department of Education. bean Basin shipping income. ‘‘(ii) CARIBBEAN BASIN SHIPPING INCOME.— ‘‘(a) IN GENERAL.—For purposes of this sub- SA 2763. Mr. BREAUX (for himself The term ‘Caribbean Basin shipping income’ chapter, the taxable income of an electing and Mr. LOTT) submitted an amend- means foreign base company shipping in- corporation from qualifying shipping activi- ment intended to be proposed by him come (as defined in paragraph (1)) derived ties shall be its corporate income percentage of the sum of the amounts determined under to the bill S. 1637, to amend the Inter- from or in connection with the operation of any nonpassenger vessel in foreign com- subsection (b) for each qualifying vessel op- nal Revenue Code of 1986 to comply erated by such electing corporation or other with the World Trade Organization rul- merce— ‘‘(I) within any Caribbean Basin country, electing entity. ings on the FSC/ETI benefit in a man- ‘‘(II) among Caribbean Basin countries, or ‘‘(b) AMOUNTS.—For purposes of subsection ner that preserves jobs and production ‘‘(III) between any Caribbean Basin coun- (a), the amount of taxable income of an activities in the United States, to re- try and the United States. electing entity for each qualifying vessel shall equal the product of— form and simplify the international Such term includes any such foreign base ‘‘(1) the daily notional taxable income taxation rules of the United States, company shipping income derived from that from the operation of the qualifying vessel in and for other purposes; which was or- portion of any transshipping originating or United States foreign trade, and dered to lie on the table; as follows: terminating in any country which is not a ‘‘(2) the number of days during the taxable Carribean Basin country if such trans- On page 146, after line 23, add the fol- year that the electing entity operated such shipping otherwise satisfies the require- lowing: vessel as a qualifying vessel in United States ments of this clause. SEC. ll. REPEAL OF FOREIGN BASE COMPANY foreign trade. SHIPPING INCOME FOR QUALIFIED ‘‘(iii) CARIBBEAN BASIN COUNTRY.—The term AILY OTIONAL AXABLE NCOME U.S. FLAG FLEETS AND CARIBBEAN ‘Caribbean Basin country’ means any bene- ‘‘(c) D N T I .— BASIN SHIPPING CORPORATIONS. ficiary country (within the meaning of sec- For purposes of subsection (b), the daily no- (a) IN GENERAL.—Subsection (f) of section tion 212(a)(1)(A) of the Caribbean Basin Eco- tional taxable income from the operation of 954 is amended to read as follows: nomic Recovery Act), except that such term a qualifying vessel is— ‘‘(f) FOREIGN BASE COMPANY SHIPPING IN- shall also include Anguilla, Colombia, Mex- ‘‘(1) 40 cents for each 100 tons of the net COME.—For purposes of subsection (a)(4)— ico, the United States Virgin Islands, and tonnage of the vessel below 25,001 net tons, ‘‘(1) IN GENERAL.—The term ‘foreign base Venezuela.’’. and company shipping income’ means income de- ‘‘(2) 20 cents for each 100 tons of the net SEC. ll. INCOME OF MERCHANT SEAMAN EX- tonnage of the vessel in excess of 25,000 net rived from, or in connection with, the use (or CLUDABLE FROM GROSS INCOME AS hiring or leasing for use) of any aircraft or FOREIGN EARNED INCOME. tons. vessel in foreign commerce, or from, or in (a) IN GENERAL.—Chapter 1 is amended by ‘‘(d) MULTIPLE OPERATORS OF VESSEL.—If 2 connection with, the performance of services inserting after subchapter Q the following or more persons have a joint interest in a directly related to the use of any such air- new subchapter: qualifying vessel and are considered as oper- craft, or vessel, or from the sale, exchange, ators of that vessel, the taxable income from ‘‘Subchapter R—Election to Determine Tax- or other disposition of any such aircraft or the operation of such vessel for that time (as able Income From Certain International vessel. Such term includes, but is not limited determined under this section) shall be allo- Shipping Activities Using per Ton Rate to— cated among such persons on the basis of ‘‘(A) dividends and interest received from a ‘‘Sec. 1352. Alternative tax on qualifying their ownership and charter interests in such foreign corporation in respect of which taxes shipping activities. vessel or on such other basis as the Sec- are deemed paid under section 902, and gain ‘‘Sec. 1353. Taxable income from qualifying retary may prescribe by regulations. from the sale, exchange, or other disposition shipping activities. ‘‘(e) NONCORPORATE PERCENTAGE.—Not- of stock or obligations of such a foreign cor- ‘‘Sec. 1354. Qualifying shipping tax election; withstanding any contrary provision of this poration to the extent that such dividends, revocation; termination. subchapter, the noncorporate percentage of interest, and gains are attributable to for- any item of income, gain, loss, deduction, or ‘‘Sec. 1355. Definitions and special rules. eign base company shipping income, and credit of any member of an electing group ‘‘(B) that portion of the distributive share ‘‘Sec. 1356. Qualifying shipping activities. shall be taken into account for all purposes of the income of a partnership attributable ‘‘Sec. 1357. Items not subject to regular tax; of this subtitle as if this subchapter were not to foreign base company shipping income. depreciation; interest. in effect.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.112 S10PT1 S2576 CONGRESSIONAL RECORD — SENATE March 10, 2004 ‘‘SEC. 1354. QUALIFYING SHIPPING TAX ELEC- poration during any taxable period. In the ‘‘(B) the vessel is bareboat chartered to a TION; REVOCATION; TERMINATION. case of an electing group which includes 2 or member of a controlled group which includes ‘‘(a) IN GENERAL.—Except as provided in more electing corporations, the corporate in- such entity or to an unrelated third party subsections (b) and (f), a qualifying shipping come percentage of each such corporation that sub-bareboats or time charters the ves- tax election may be made in respect of any shall be determined on the basis of such cor- sel to a member of such controlled group (in- qualifying entity. poration’s direct and indirect ownership and cluding the owner). ‘‘(b) CONDITION OF ELECTION.—An election charter interests in qualifying vessels of the ‘‘(c) SHIPPING ACTIVITY REQUIREMENT.—For may be made by a member of a controlled electing group or on such other basis as the purposes of this section, the shipping activ- group under this subsection for any taxable Secretary may prescribe by regulations. ity requirement is met for a taxable year year only if all qualifying entities that are ‘‘(3) CORPORATE LOSS PERCENTAGE.—The only by an entity described in paragraph (1), members of the controlled group join in the term ‘corporate loss percentage’ means the (2), or (3). election. greatest aggregate share, expressed as a per- ‘‘(1) An entity in the first taxable year of ‘‘(c) WHEN MADE.—An election under sub- centage, of any item of loss, deduction, or its qualifying shipping tax election if, for the section (a) may be made by a qualifying enti- credit of an electing corporation or electing preceding taxable year, the test in paragraph ty in such form as prescribed by the Sec- group of which such corporation is a member (4) is met. retary. Such election shall be filed with the from qualifying shipping activities that ‘‘(2) An entity in the second or any subse- qualifying entity’s return for the first tax- would, but for an election in effect under quent taxable year of its qualifying shipping able year to which the election shall apply, this subchapter, be required to be reported tax election if, for each of the 2 preceding by the due date for such return (including on the Federal income tax return of an elect- taxable years, the test in paragraph (4) is any applicable extensions). ing corporation during any taxable period. met. ‘‘(d) YEARS FOR WHICH EFFECTIVE.—An ‘‘(3) An entity that would be described in election under subsection (a) shall be effec- ‘‘(4) CORPORATE PERCENTAGES.—The term ‘corporate percentages’ means the corporate paragraph (1) or (2) if the test in paragraph tive for the taxable year of the qualifying en- (4) were applied on an aggregate basis to the tity for which it is made and for all suc- income percentage and the corporate loss percentage. controlled group of which such entity is a ceeding taxable years of the entity, until member, and vessel charters between mem- ‘‘(5) ELECTING CORPORATION.—The term such election is terminated under subsection bers of the controlled group were dis- ‘electing corporation’ means any C corpora- (e). regarded. tion that is an electing entity or that would, ‘‘(e) TERMINATION.— ‘‘(4) The test in this paragraph is met if on but for an election in effect under this sub- ‘‘(1) BY REVOCATION.— average at least 25 percent of the aggregate chapter, be required to report any item of in- ‘‘(A) IN GENERAL.—An election under sub- tonnage of qualifying vessels operated by the come, gain, loss, deduction, or credit of an section (a) may be terminated by revocation. entity were owned by the entity or chartered electing entity on its Federal income tax re- ‘‘(B) WHEN EFFECTIVE.—Except as provided to the entity on bareboat charter terms. For turn. in subparagraph (C)— purposes of the preceding sentence, vessels ‘‘(6) ELECTING ENTITY.—The term ‘electing ‘‘(i) a revocation made during the taxable chartered (including time chartered) to an entity’ means any qualifying entity for year and on or before the fifteenth day of the entity by a member of a controlled group which an election is in effect under this sub- third month thereof shall be effective on the which includes the entity, or by a third chapter. 1st day of such taxable year, and party that bareboat charters the vessels ‘‘(7) ELECTING GROUP.—The term ‘electing ‘‘(ii) a revocation made during the taxable from the entity or a member of the entity’s group’ means a controlled group of which year but after such fifteenth day shall be ef- controlled group, shall be treated as char- one or more members is an electing entity. fective on the first day of the following tax- tered to the entity on bareboat charter ‘‘(8) NONCORPORATE PERCENTAGE.—The able year. terms. term ‘noncorporate percentage’ means the ‘‘(C) REVOCATION MAY SPECIFY PROSPECTIVE ‘‘(d) EFFECT OF TEMPORARILY CEASING TO difference between 100 percent and the cor- DATE.—If the revocation specifies a date for OPERATE A QUALIFYING VESSEL.— revocation which is on or after the day on porate income percentage or corporate loss ‘‘(1) A temporary cessation by an electing which the revocation is made, the revocation percentage, as applicable. entity, in operation of a qualifying vessel shall be effective on and after the date so ‘‘(9) QUALIFYING ENTITY.—The term ‘quali- shall be disregarded for purposes of sub- specified. fying entity’ means a trust or business enti- sections (b) and (c) until an occurrence de- ‘‘(2) BY ENTITY CEASING TO BE QUALIFYING ty that— scribed in paragraph (3) if the electing entity ENTITY.— ‘‘(A) operates 1 or more qualifying vessels, gives timely notice to the Secretary stat- ‘‘(A) IN GENERAL.—An election under sub- and ing— section (a) shall be terminated whenever (at ‘‘(B) meets the shipping activity require- ‘‘(A) that it has temporarily ceased to op- any time on or after the first day of the first ment in subsection (c). erate the qualifying vessel, and taxable year for which the entity is an elect- ‘‘(10) QUALIFYING SHIPPING ASSETS.—The ‘‘(B) its intention to resume operating the ing entity) such entity ceases to be a quali- term ‘qualifying shipping assets’ means any qualifying vessel. fying entity. qualifying vessel and other assets which are ‘‘(2) Notice shall be deemed timely if given ‘‘(B) WHEN EFFECTIVE.—Any termination used in core qualifying activities as de- not later than the due date (including exten- under this paragraph shall be effective on scribed in section 1356(b). sions) for the electing entity’s tax return (as and after the date of cessation. ‘‘(11) QUALIFYING VESSEL.—The term ‘quali- set forth in section 6072(b)) for the taxable ‘‘(f) ELECTION AFTER TERMINATION.—If a fying vessel’ means a self-propelled (or a year in which the temporary cessation be- qualifying entity has made an election under combination self-propelled and non-self-pro- gins. subsection (a) and if such election has been pelled) United States flag vessel of not less ‘‘(3) The disregard provided by paragraph terminated under subsection (e), such entity than 10,000 deadweight tons used in the (1) continues until the earlier to occur of— (and any successor entity) shall not be eligi- United States foreign trade. ‘‘(A) the electing entity abandoning its in- ble to make an election under subsection (a) ‘‘(12) UNITED STATES DOMESTIC TRADE.—The tention to resume operation of the quali- for any taxable year before its fifth taxable term ‘United States domestic trade’ means fying vessel, or year which begins after the first taxable year the transportation of goods or passengers be- ‘‘(B) the electing entity resuming oper- for which such termination is effective, un- tween places in the United States. ation of the qualifying vessel. less the Secretary consents to such election. ‘‘(13) UNITED STATES FLAG VESSEL.—The ‘‘(e) EFFECT OF TEMPORARILY OPERATING A ‘‘SEC. 1355. DEFINITIONS AND SPECIAL RULES. term ‘United States flag vessel’ means any QUALIFYING VESSEL IN THE UNITED STATES ‘‘(a) DEFINITIONS.—For purposes of this vessel documented under the laws of the DOMESTIC TRADE.— subchapter: United States. ‘‘(1) The temporary operation in the United ‘‘(1) CONTROLLED GROUP.—The term ‘con- ‘‘(14) UNITED STATES FOREIGN TRADE.—The States domestic trade of any qualifying ves- trolled group’ means any group of trusts and term ‘United States foreign trade’ means the sel which had been used in the United States business entities whose members would be transportation of goods or passengers be- foreign trade shall be disregarded for pur- treated as a single employer under the rules tween a place in the United States and a for- poses of this subchapter until an occurrence of section 52(a) (without regard to para- eign place or between foreign places. described in paragraph (3) if the electing en- graphs (1) and (2) thereof) and section ‘‘(b) OPERATING A VESSEL.—For purposes of tity gives timely notice to the Secretary 52(b)(1). this subchapter: stating— ‘‘(2) CORPORATE INCOME PERCENTAGE.—The ‘‘(1) Except as provided in paragraph (2), an ‘‘(A) that it temporarily operates or has term ‘corporate income percentage’ means entity is treated as operating any vessel operated in the United States domestic trade the least aggregate share, expressed as a per- owned by, or chartered (including a time a qualifying vessel which had been used in centage, of any item of income or gain of an charter) to, the entity. the United States foreign trade, and electing corporation or electing group of ‘‘(2) An entity is treated as operating a ‘‘(B) its intention to resume operation of which such corporation is a member from vessel that it has chartered out on bareboat the vessel in the United States foreign trade. qualifying shipping activities that would, charter terms only if— ‘‘(2) Notice shall be deemed timely if given but for an election in effect under this sub- ‘‘(A) the vessel is temporarily surplus to not later than the due date (including exten- chapter, be required to be reported on the the entity’s requirements and the term of sions) for the electing entity’s tax return (as Federal income tax return of an electing cor- the charter does not exceed 3 years; or set forth in section 6072(b)) for the taxable

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.113 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2577 year in which the temporary cessation be- tent that, without regard to this subchapter, ity distinct from all other activities con- gins. the aggregate gross income derived by the ducted by the entity. ‘‘(3) The disregard provided by paragraph electing entity and the other members of its ‘‘(b) EXCLUSION OF CREDITS OR DEDUC- (1) continues until the earlier to occur of— electing group from such activities does not TIONS.— ‘‘(A) the electing entity abandoning its in- exceed 20 percent of the aggregate gross in- ‘‘(1) No deduction shall be allowed against tention to resume operations of the vessel in come derived by the electing entity and the the taxable income of an electing corpora- the United States foreign trade, or other members of its electing group from tion from qualifying shipping activities, and ‘‘(B) the electing entity resuming oper- their core qualifying activities. no credit shall be allowed against the tax im- ation of the vessel in the United States for- ‘‘(d) QUALIFYING INCIDENTAL ACTIVITIES.— posed by section 1352(b). eign trade. Shipping-related activities carried on by an ‘‘(2) No deduction shall be allowed for any ‘‘(f) EFFECT OF CHANGE IN USE.— electing entity or another member of its net operating loss attributable to the quali- ‘‘(1) Except as provided in subsection (e), a electing group are qualified incidental ac- fying shipping activities of a corporation to vessel that is used other than for operations tivities of the electing entity if— the extent that such loss is carried forward in the United States foreign trade on other ‘‘(1) they are incidental to its core quali- by the corporation from a taxable year pre- than a temporary basis ceases to be a quali- fying activities, ceding the first taxable year for which such fying vessel when such use begins. ‘‘(2) they are not qualifying secondary ac- corporation was an electing corporation. ‘‘(2) For purposes of this subsection, a tivities, and ‘‘(c) TRANSACTIONS NOT AT ARM’S LENGTH.— change in use of a vessel, other than a com- ‘‘(3) without regard to this subchapter, the Section 482 applies in accordance with this subsection to a transaction or series of mencement of operation in the United States aggregate gross income derived by the elect- transactions— domestic trade, is taken to be permanent un- ing entity and other members of its electing ‘‘(1) as between an electing entity and an- less there are circumstances indicating that group from such activities does not exceed other person, or it is temporary. 0.1 percent of such entities’ aggregate gross ‘‘(2) as between an entity’s qualifying ship- ‘‘(g) REGULATIONS.—The Secretary shall income from their core qualifying activities. ping activities and other activities carried prescribe such regulations as may be nec- ‘‘SEC. 1357. ITEMS NOT SUBJECT TO REGULAR on by it. essary or appropriate to carry out the pur- TAX; DEPRECIATION; INTEREST. poses of this section. ‘‘SEC. 1359. DISPOSITION OF QUALIFYING SHIP- ‘‘(a) EXCLUSION FROM GROSS INCOME.— PING ASSETS. ‘‘SEC. 1356. QUALIFYING SHIPPING ACTIVITIES. Gross income of an electing entity shall not ‘‘(a) IN GENERAL.—If an electing entity ‘‘(a) QUALIFYING SHIPPING ACTIVITIES.—For include the corporate income percentage of— sells or disposes of qualifying shipping assets purposes of this subchapter, the term ‘quali- ‘‘(1) its income from qualifying shipping (as defined in subsection (c)) in an otherwise fying shipping activities’ means the activi- activities in the United States foreign trade, taxable transaction, at the election of the ties of an electing entity which consist of— ‘‘(2) its income from money, bank deposits, entity no gain shall be recognized if replace- ‘‘(1) its core qualifying activities, and other temporary investments which are ment qualifying shipping assets are acquired ‘‘(2) its qualifying secondary activities, and reasonably necessary to meet the working during the period specified in subsection (b), ‘‘(3) its qualifying incidental activities. capital requirements of its qualifying ship- except to the extent that the amount real- ‘‘(b) CORE QUALIFYING ACTIVITIES.— ping activities, and ized upon such sale or disposition exceeds ‘‘(1) The core qualifying activities of an ‘‘(3) its income from money or other intan- the cost of the replacement qualifying ship- electing entity are— gible assets accumulated pursuant to a plan ping assets. ‘‘(A) its activities in operating qualifying to purchase qualifying shipping assets. ‘‘(b) PERIOD WITHIN WHICH PROPERTY MUST vessels in United States foreign trade, and ‘‘(b) ELECTING GROUP MEMBER.—Gross in- BE REPLACED.—The period referred to in sub- ‘‘(B) other activities of the electing entity come of a member of an electing group that section (a) shall be the period beginning 1 and other members of its electing group that is not an electing entity shall not include year prior to the disposition of the quali- are an integral part of its business of oper- the corporate income percentage of its in- fying shipping assets and ending— ating qualifying vessels in United States for- come from qualifying shipping activities ‘‘(1) 3 years after the close of the first tax- eign trade, including ownership or operation that are taken into account under this sub- able year in which the gain is realized, or of barges, containers, chassis, and other chapter as qualifying shipping activities of ‘‘(2) subject to such terms and conditions equipment that are the complement of, or an electing entity. as may be specified by the Secretary, on used in connection with, a qualifying vessel ‘‘(c) DENIAL OF LOSSES, DEDUCTIONS, AND such later date as the Secretary may des- in United States foreign trade, the inland CREDITS.— ignate on application by the taxpayer. Such haulage of cargo shipped, or to be shipped, on ‘‘(1) GENERAL RULE.—Subject to paragraph application shall be made at such time and qualifying vessels in United States foreign (2), the corporate loss percentage of each in such manner as the Secretary may by reg- trade, and the provision of terminal, mainte- item of loss, deduction (other than for inter- ulations prescribe. nance, repair, logistical, or other vessel, con- est expense), or credit of any taxpayer with ‘‘(c) TIME FOR ASSESSMENT OF DEFICIENCY tainer, or cargo-related services that are an respect to any activity the income from ATTRIBUTABLE TO GAIN.—If an electing entity integral part of operating qualifying vessels which is excluded from gross income under has made the election provided in subsection in United States foreign trade. this section shall be disallowed. (a), then— ‘‘(2) Core qualifying activities do not in- ‘‘(2) DEPRECIATION.—Notwithstanding para- ‘‘(1) the statutory period for the assess- clude the provision by an entity of facilities graph (1), the deduction for depreciation of a ment of any deficiency, for any taxable year or services to any person, other than— qualifying shipping asset shall be allowed in in which any part of the gain is realized, at- ‘‘(A) another member of such entity’s determining the adjusted basis of such asset tributable to such gain shall not expire prior electing group, for purposes of determining gain from its dis- to the expiration of 3 years from the date the ‘‘(B) a consignor, consignee, or other cus- position. Secretary is notified by the entity (in such tomer of such entity’s business of operating ‘‘(A) Except as provided in subparagraph manner as the Secretary may by regulations qualifying vessels in United States foreign (B), the straight line method of depreciation prescribe) of the replacement tonnage tax trade, or shall apply to the corporate income percent- property or of an intention not to replace, ‘‘(C) a member of an alliance, joint ven- age of qualifying shipping assets the income and ture, pool, partnership, or similar under- from operation of which is excluded from ‘‘(2) such deficiency may be assessed before taking involving the operation of qualifying gross income under this section. the expiration of such 3-year period notwith- vessels in United States foreign trade of ‘‘(B) Subparagraph (A) shall not apply to standing the provisions of section 6212(c) or which such entity is a member. any qualifying shipping asset which is sub- the provisions of any other law or rule of law which would otherwise prevent such assess- ‘‘(c) QUALIFYING SECONDARY ACTIVITIES.— ject to a charter entered into prior to the ef- For purposes of this subsection— fective date of this subchapter. ment. ‘‘(d) BASIS OF REPLACEMENT QUALIFYING ‘‘(1) the term ‘secondary activities’ means ‘‘(3) INTEREST.—The corporate loss percent- age of an electing entity’s interest expense SHIPPING ASSETS.—In the case of replace- activities that are not core qualifying activi- ment qualifying shipping assets purchased shall be disallowed in the ratio that the fair ties, and— by an electing entity which resulted in the market value of its qualifying vessel assets ‘‘(A) are the active management or oper- nonrecognition of any part of the gain real- bears to the fair market value of its total as- ation of vessels in the United States foreign ized as the result of a sale or other disposi- sets. trade, tion of qualifying shipping assets, the basis ‘‘(B) the provision of vessel, container, or ‘‘(d) SECTION INAPPLICABLE TO UNRELATED shall be the cost of such property decreased cargo-related facilities or services to any PERSONS.—This section shall not apply to a in the amount of the gain not so recognized; person, or taxpayer that is not a member of an electing and if the property purchased consists of ‘‘(C) such other activities as may be pre- group. more than 1 piece of property, the basis de- scribed by the Secretary pursuant to regula- ‘‘SEC. 1358. ALLOCATION OF CREDITS, INCOME, termined under this sentence shall be allo- tions, and AND DEDUCTIONS. cated to the purchased properties in propor- ‘‘(2) the qualified secondary activities of an ‘‘(a) QUALIFYING SHIPPING ACTIVITIES.—For tion to their respective costs. electing entity are its secondary activities purposes of this chapter the qualifying ship- ‘‘(e) REPLACEMENT QUALIFYING SHIPPING and the secondary activities of other mem- ping activities of an electing entity shall be ASSETS MUST BE ACQUIRED FROM UNRELATED bers of its electing group, but only to the ex- treated as a separate trade or business activ- PERSON IN CERTAIN CASES.—

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.113 S10PT1 S2578 CONGRESSIONAL RECORD — SENATE March 10, 2004

‘‘(1) IN GENERAL.—Subsection (a) shall not adding at the end the following flush sen- hicle retail sales and service dealership lo- apply if the replacement qualifying shipping tence: ‘‘Clause (iv) shall not apply to cated within the United States, such prop- assets are acquired from a related person ex- amounts received during 2004, 2005, and erty shall qualify as like-kind replacement cept to the extent that the related person ac- 2006.’’. property to which section 1031 of the Inter- quired the replacement qualifying shipping (c) EFFECTIVE DATES.— nal Revenue Code of 1986 shall apply with the assets from an unrelated person during the (1) SUBSECTION (a).—The amendment made following modifications: period applicable under subsection (b). by subsection (a) shall apply to bonds issued (A) Such section shall be applied without ‘‘(2) RELATED PERSON.—For purposes of this after the date of the enactment of this Act. regard to subparagraphs (A) and (B)(ii) of subsection, a person is related to another (2) SUBSECTION (b).—The amendment made subsection (a)(3). person if the person bears a relationship to by subsection (b) shall apply to amounts re- (B) The period described in section the other person described in section 267(b) ceived after December 31, 2003. 1031(a)(3)(B) of such Code shall be applied by or 707(b)(1).’’. substituting ‘‘2 years’’ for ‘‘180 days’’. (b) TECHNICAL AND CONFORMING AMEND- SA 2765. Mr. BINGAMAN submitted (b) RULES FOR ELECTION.— MENT.—The second sentence of section an amendment intended to be proposed (1) FORM OF ELECTION.—The taxpayer shall 56(g)(4)(B)(i) is amended by striking ‘‘or by him to the concurrent resolution S. make an election under this section in such under section 114.’’ and inserting ‘‘, under Con. Res. 95, setting forth the congres- form and manner as the Secretary of the section 114 or under section 1357.’’. sional budget for the United States Treasury may prescribe and shall include in (c) CLERICAL AMENDMENT.—The table of Government for fiscal year 2005 and in- such election the amount of the termination subchapters for chapter 1 is amended by in- payment received, the identification of the serting after the item relating to subchapter cluding the appropriate budgetary lev- replacement property purchased, and such Q the following new item: els for fiscal years 2006 through 2009; other information as the Secretary may pre- which was ordered to lie on the table; scribe. ‘‘SUBCHAPTER A. Election To Determine Tax- as follows: LECTION ON AMENDED RETURN.—The able Income From Certain (2) E Secretary of the Treasury shall permit an International Shipping Activi- On page 45, after line 13, insert the fol- election under this section on an amended ties Using per Ton Rate.’’. lowing: SEC. lll. POINT OF ORDER REQUIRING THAT tax return for taxable years beginning before (d) EFFECTIVE DATE.—The amendments INCREASES THE NUMBER OF TAX- the date of the enactment of this Act. made by this section shall apply to taxable PAYERS AFFECTED BY THE ALTER- (c) STATUTE OF LIMITATIONS.—Notwith- years beginning after the date of the enact- NATIVE MINIMUM TAX AGAINST LEG- standing the provisions of any other law or ment of this Act. ISLATION. rule of law, the statutory period for the as- SEC. ll. INCOME OF MERCHANT SEAMAN EX- (a) POINT OF ORDER IN THE SENATE.—It sessment for any deficiency attributable to CLUDABLE FROM GROSS INCOME AS shall not be in order in the Senate to con- any termination payment gain shall be ex- FOREIGN EARNED INCOME. sider a bill, amendment, motion, joint reso- tended until 3 years after the date the Sec- (a) IN GENERAL.—Section 911(d) (relating to lution, or conference report that increases retary of the Treasury is notified by the tax- citizens or residents of the United States liv- the number of taxpayers affected by the al- payer of the like-kind replacement property ing abroad) is amended by redesignating ternative minimum tax, except for a meas- or an intention not to replace. paragraph (9) as paragraph (10) and by insert- ure that extends expiring provisions relating (d) EFFECTIVE DATE.—This section shall ing after paragraph (8) the following: to the child audit, the 10 percent tax brack- apply to amounts received after December ‘‘(9) APPLICATION TO CERTAIN MERCHANT MA- et, and the marriage penalty. 12, 2000, in taxable years ending after such RINE CREWS.—In applying this section to an (b) SUPERMAJORITY WAIVER AND APPEAL.— date. individual who is a citizen or resident of the This section may be waived or suspended in United States and who is employed for a the Senate only by an affirmative vote of 3⁄5 SA 2767. Mr. BINGAMAN (for himself minimum of 90 days during a taxable year as of the Members, duly chosen and sworn. An and Mrs. HUTCHISON) submitted an 3 a regular member of the crew of a qualified affirmative vote of ⁄5 of the Members of the amendment intended to be proposed by Senate, duly chosen and sworn, shall be re- vessel (as defined in section 1355)— him to the bill S. 1637, to amend the In- ‘‘(A) the individual shall be treated as a quired in the Senate to sustain an appeal of qualified individual without regard to the re- the ruling of the Chair on a point of order ternal Revenue Code of 1986 to comply quirements of paragraph (1), and raised under this section. with the World Trade Organization rul- ‘‘(B) any earned income attributable to ings on the FSC/ETI benefit in a man- services performed by that individual so em- SA 2766. Mr. BINGAMAN (for him- ner that preserves jobs and production ployed on such a vessel while it is engaged in self, Mr. HATCH, Mr. BREAUX, and Mrs. activities in the United States, to re- transportation between the United States LINCOLN) submitted an amendment in- form and simplify the international and a foreign country or possession of the tended to be proposed by him to the taxation rules of the United States, United States shall be treated (except as pro- bill S. 1637, to amend the Internal Rev- and for other purposes; which was or- vided by subsection (b)(1)(B)) as foreign enue Code of 1986 to comply with the earned income regardless of the source of dered to lie on the table; as follows: such income.’’. World Trade Organization rulings on On page 179, after line 25, insert the fol- (b) EFFECTIVE DATE.—The amendment the FSC/ETI benefit in a manner that lowing: made by this section shall apply to taxable preserves jobs and production activi- SEC. ll. DISTRIBUTIONS FROM PUBLICLY years beginning after the date of the enact- ties in the United States, to reform and TRADED PARTNERSHIPS TREATED ment of this Act. simplify the international taxation AS QUALIFYING INCOME OF REGU- LATED INVESTMENT COMPANIES. rules of the United States, and for SA 2764. Mr. BREAUX (for himself (a) IN GENERAL.—Paragraph (2) of section other purposes; which was ordered to 851(b) (defining regulated investment com- and Mr. HATCH) submitted an amend- lie on the table; as follows: pany) is amended to read as follows: ment intended to be proposed by him On page 378, after line 12, add the fol- ‘‘(2) at least 90 percent of its gross income to the bill S. 1637, to amend the Inter- lowing: is derived from— nal Revenue Code of 1986 to comply SEC. ll. MOTOR VEHICLE DEALER TRANSI- ‘‘(A) dividends, interest, payments with re- with the World Trade Organization rul- TIONAL ASSISTANCE. spect to securities loans (as defined in sec- ings on the FSC/ETI benefit in a man- (a) IN GENERAL.—For purposes of subtitle A tion 512(a)(5)), and gains from the sale or ner that preserves jobs and production of the Internal Revenue Code of 1986, in the other disposition of stock or securities (as activities in the United States, to re- case of a taxpayer who elects the application defined in section 2(a)(36) of the Investment form and simplify the international of this section and who was a party to a Company Act of 1940, as amended) or foreign motor vehicle sales and service agreement currencies, or other income (including but taxation rules of the United States, with a motor vehicle manufacturer who an- not limited to gains from options, futures or and for other purposes; which was or- nounced in December 2000 that it would forward contracts) derived with respect to dered to lie on the table; as follows: phase-out the motor vehicle brand to which its business of investing in such stock, secu- On page 179, after line 25, add the fol- such agreement relates— rities, or currencies, and lowing: (1) amounts received by such taxpayer ‘‘(B) distributions or other income derived SEC. ll. REPEAL OF 10 YEAR RULE FOR QUALI- from such manufacturer on account of the from an interest in a qualified publicly trad- FIED MORTGAGE BONDS; HOLIDAY termination of such agreement (hereafter in ed partnership (as defined in subsection (h)); FOR USE OF CERTAIN REPAYMENTS. this section referred to as ‘‘termination pay- and’’ (a) REPEAL.—Subparagraph (A) of section ment’’) are considered to be received for (b) SOURCE FLOW-THROUGH RULE NOT TO 143(a)(2) (relating to qualified mortgage issue property used in the trade or business of a APPLY.—The last sentence of section 851(b) is defined) is amended by striking the last sen- motor vehicle retail sales and service dealer- amended by inserting ‘‘(other than a quali- tence thereof. ship, and fied publicly traded partnership as defined in (b) HOLIDAY FOR PREPAYMENTS.—Subpara- (2) to the extent such termination payment subsection (h))’’ after ‘‘derived from a part- graph (A) of section 143(a)(2) is amended by is reinvested in property used in a motor ve- nership’’.

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.113 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2579

(c) LIMITATION ON OWNERSHIP.—Subsection On page 3, line 11, increase the amount by On page 16, line 25, increase the amount by (c) of section 851 is amended by redesignating $4,089,000,000. $20,000,000. paragraph (5) as paragraph (6) and inserting On page 3, line 12, increase the amount by On page 17, line 4, increase the amount by after paragraph (4) the following new para- $ 1,160,000,000. $10,000,000. graph: On page 3, line 13, increase the amount by On page 20, line 17, increase the amount by ‘‘(5) The term ‘outstanding voting securi- $175,000,000. $1,535,000,000. ties of such issuer’ shall include the equity On page 3, line 17, increase the amount by On page 20, line 18, increase the amount by securities of a qualified publicly traded part- $3,664,000,000. $558,000,000. nership (as defined in subsection (h)).’’. On page 3, line 18, increase the amount by On page 20, line 22, increase the amount by (d) DEFINITION OF QUALIFIED PUBLICLY $4,533,000,000. $347,000,000. TRADED PARTNERSHIP.—Section 851 is amend- On page 3, line 19, increase the amount by On page 21, line 1, increase the amount by ed by adding at the end the following new $4,089,000,000. $292,000,000. subsection: On page 3, line 20, increase the amount by On page 21, line 5, increase the amount by ‘‘(h) QUALIFIED PUBLICLY TRADED PARTNER- $1,160,000,000. $295,000,000. On page 21 line 9, increase the amount by SHIP.—For purposes of this section, the term On page 3, line 21, increase the amount by ‘qualified publicly traded partnership’ means $175,000,000. $44.000,000. On page 39, line 18, increase the amount by a publicly traded partnership described in On page 4, line 4, increase the amount by $6,844,000,000. section 7704(b) other than a partnership $6,844,000,000. On page 39, line 19, increase the amount by which would satisfy the gross income re- On page 4, line 12, increase the amount by $1,832,000,000. quirements of section 7704(c)(2) if qualifying $1,832,000,000. On page 40, line 2, increase the amount by income included only income described in On page 4, line 13, increase the amount by $2,267,000,000. subsection (b)(2)(A).’’. $2,268,000,000. (e) DEFINITION OF QUALIFYING INCOME.— On page 4, line 14, increase the amount by SA 2769. Mr. BYRD submitted an Section 7704(d)(4) is amended by striking $2,045,000,000. amendment intended to be proposed by ‘‘section 851(b)(2)’’ and inserting ‘‘section On page 4, line 15, increase the amount by 851(b)(2)(A)’’. $579,000,000. him to the concurrent resolution S. (f) LIMITATION ON COMPOSITION OF AS- On page 4, line 16, increase the amount by Con. Res. 95, setting forth the congres- SETS.—Subparagraph (B) of section 851(b)(3) $88,000,000. sional budget for the United States is amended to read as follows: On page 4, line 20, increase the amount by Government for fiscal year 2005 and in- ‘‘(B) not more than 25 percent of the value $1,832,000,000. cluding the appropriate budgetary lev- of its total assets is invested in— On page 4, line 21, increase the amount by els for fiscal years 2006 through 2009; ‘‘(i) the securities (other than Government $2,265,000,000. which was ordered to lie on the table; securities or the securities of other regulated On page 4, line 22, increase the amount by investment companies) of any one issuer, $2,044,000,000. as follows: ‘‘(ii) the securities (other than the securi- On page 4, line 23, increase the amount by On page 43, strike lines 11 through 20, and ties of other regulated investment compa- $581,000,000. insert the following: nies) of two or more issuers which the tax- On page 4, line 24, increase the amount by (b) FUNDING FOR BIOSHIELD.—Amounts payer controls and which are determined, $87,000,000. made available for Project Bioshield pursu- under regulations prescribed by the Sec- On page 5, line 3, decrease the amount by ant to Public Law 108–90 shall not be scored retary, to be engaged in the same or similar $1,832,000,000. for purposes of enforcing discretionary trades or businesses or related trades or On page 5, line 4, decrease the amount by spending limits in the Senate. businesses, or $4,098,000,000. ‘‘(iii) the securities of one or more quali- On page 5, line 5, decrease the amount by SA 2770. Mr. CHAMBLISS submitted fied publicly traded partnerships (as defined $6,142,000,000. an amendment intended to be proposed in subsection (h)).’’. On page 5, line 6, decrease the amount by by him to the concurrent resolution S. (g) APPLICATION OF SPECIAL PASSIVE ACTIV- $6,723,000,000. Con. Res. 95, setting forth the congres- ITY RULE TO REGULATED INVESTMENT COMPA- On page 5, line 7, decrease the amount by sional budget for the United States NIES.—Subsection (k) of section 469 (relating $6,810,000,000. Government for fiscal year 2005 and in- to separate application of section in case of On page 5, line 11, decrease the amount by cluding the appropriate budgetary lev- publicly traded partnerships) is amended by $1,832,000,000. adding at the end the following new para- On page 5, line 12, decrease the amount by els for fiscal years 2006 through 2009; graph: $4,098,000,000. which was ordered to lie on the table; ‘‘(4) APPLICATION TO REGULATED INVEST- On page 5, line 13, decrease the amount by as follows: MENT COMPANIES.—For purposes of this sec- $6,142,000,000. At the appropriate place, insert the fol- tion, a regulated investment company (as de- On page 5, line 14, decrease the amount by lowing: fined in section 851) holding an interest in a $6,723,000,000. SEC. ll. SENSE OF THE SENATE CONCERNING qualified publicly traded partnership (as de- On page 5, line 15, decrease the amount by INCLUSION OF ETHANOL FUEL fined in section 851(h)) shall be treated as a $6,810,000,000. CREDIT IN DIRECT PAYMENTS LIMI- taxpayer described in subsection (a)(2) with On page 13, line 23, increase the amount by TATION. respect to items attributable to such inter- $1,400,000,000. It is the sense of the Senate that the levels est.’’. On page 13, line 24, increase the amount by in this concurrent resolution assume that in (h) EFFECTIVE DATE.—The amendments $603,000,000. making appropriations and revenue decisions made by this section shall apply to taxable On page 14, line 3, increase the amount by with respect to budget function 350, the Sen- years beginning after the date of the enact- $337,000,000. ate— ment of this Act. On page 14, line 7, increase the amount by (1) assumes that statutory changes will be $299,000,000. made to the payment limitations established SA 2768. Mr. LIEBERMAN (for him- On page 14, line 11, increase the amount by under sections 1001 through 1001F of the Food self, Mr. SCHUMER, Ms. MIKULSKI, Mr. $94,000,000. Security Act of 1985 (7 U.S.C. 1308 through LAUTENBERG, Mr. BIDEN, Mrs. MURRAY, On page 14, line 15, increase the amount by 1308–5); and (2) supports the inclusion of the value to a Mr. KENNEDY, Mr. CORZINE, Mr. LEVIN, $34,000,000. On page 14, line 19, increase the amount by person of the applicable ethanol fuel credit Mr. KOHL, Mrs. BOXER, Mr. DODD, Mr. $3,409,000,000. under section 4081(c) of the Internal Revenue JOHNSON, Mr. AKAKA, Mr. DURBIN, Mr. On page 14, line 20, increase the amount by Code of 1986 in the limitation on direct pay- LEAHY, and Mr. KERRY) submitted an $511,000,000. ments established under section 1001(b) of amendment intended to be proposed by On page 14, line 24, increase the amount by the Food Security Act of 1985 (7 U.S.C. him to the concurrent resolution S. $1,364,000,000. 1308(c)). Con. Res. 95, setting forth the congres- On page 15, line 3, increase the amount by sional budget for the United States $1,364,000,000. SA 2771. Mr. HATCH (for himself and Government for fiscal year 2005 and in- On page 15, line 7, increase the amount by Mr. BIDEN) submitted an amendment cluding the appropriate budgetary lev- $170,000,000. intended to be proposed by him to the On page 16, line 12, increase the amount by concurrent resolution S. Con. Res. 95, els for fiscal years 2006 through 2009; $500,000,000. which was ordered to lie on the table; setting forth the congressional budget On page 16, line 13, increase the amount by for the United States Government for as follows: $160,000,000. fiscal year 2005 and including the ap- On page 3, line 9, increase the amount by On page 16, line 17, increase the amount by $3,664,000,000. $220,000,000. propriate budgetary levels for fiscal On page 3, line 10, increase the amount by On page 16, line 21, increase the amount by years 2006 through 2009; which was or- $4,533,000,000. $90,000,000. dered to lie on the table; as follows:

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.114 S10PT1 S2580 CONGRESSIONAL RECORD — SENATE March 10, 2004 On page 20, line 17, increase the amount by On page 9, line 13, increase the amount by discretionary spending limits, and other ap- $600,000,000. $25,000,000. propriate levels and limits in this resolution On page 20, line 18, increase the amount by On page 16, line 12, increase the amount by by up to $3,440,000,000 in budget authority for $132,000,000. $174,000,000. fiscal year 2005, and by the amount of out- On page 20, line 22, increase the amount by On page 16, line 13, increase the amount by lays flowing therefrom in 2005 and subse- $180,000,000. $49,000,000. quent years, for a bill, joint resolution, mo- On page 21, line 1, increase the amount by On page 16, line 17, increase the amount by tion, amendment, or conference report that $120,000,000. $87,000,000. provides additional fiscal year 2005 discre- On page 21, line 5, increase the amount by On page 16, line 21, increase the amount by tionary appropriations, in excess of levels $90,000,000. $22,000,000. provided in this resolution, for Indian Health On page 21, line 9, increase the amount by On page 16, line 25, increase the amount by Service clinical services, included in this res- $78,000,000. $8,000,000. olution for the Department of Health and On page 21, line 13, decrease the amount by On page 17, line 4, increase the amount by Human Services. $600,000,000. $5,000,000. On page 21, line 14, decrease the amount by On page 23, line 5, increase the amount by SA 2775. Ms. LANDRIEU submitted $132,000,000. $792,000,000. an amendment intended to be proposed On page 21, line 18, decrease the amount by On page 23, line 6, decrease the amount by by her to the concurrent resolution S. $180,000,000. $111,000,000. On page 21, line 22, decrease the amount by On page 23, line 10, decrease the amount by Con. Res. 95, setting forth the congres- $120,000,000. $427,000,000. sional budget for the United States On page 22, line 1, decrease the amount by On page 23, line 14, decrease the amount by Government for fiscal year 2005 and in- $90,000,000. $138,000,000. cluding the appropriate budgetary lev- On page 22, line 5, decrease the amount by On page 23, line 18, decrease the amount by els for fiscal years 2006 through 2009; $78,000,000. $62,000,000. which was ordered to lie on the table; On page 23, line 22, decrease the amount by as follows: SA 2772. Mr. DURBIN submitted an $30,000,000. amendment intended to be proposed by On page 3, line 9, increase the amount by SA 2774. Mr. DASCHLE (for himself, $876,000,000. him to the concurrent resolution S. On page 3, line 10, increase the amount by Con. Res. 95, setting forth the congres- Mr. DORGAN, Mrs. MURRAY, Mr. BINGA- $1,054,000,000. sional budget for the United States MAN, Mr. JOHNSON, Mr. WYDEN, Ms. On page 3, line 11, increase the amount by Government for fiscal year 2005 and in- STABENOW, Mr. AKAKA, Ms. CANTWELL, $998,000,000. cluding the appropriate budgetary lev- Mr. INOUYE, and Mr. REID) submitted On page 3, line 12, increase the amount by els for fiscal years 2006 through 2009; an amendment intended to be proposed $1,066,000,000. which was ordered to lie on the table; by him to the concurrent resolution S. On page 3, line 13, increase the amount by Con. Res. 95, setting forth the congres- $1,520,000,000. as follows: On page 3, line 17, increase the amount by On page 45, after line 13, insert the fol- sional budget for the United States $876,000,000. lowing: Government for fiscal year 2005 and in- On page 3, line 18, increase the amount by SEC. ll. POINT OF ORDER REQUIRING THAT cluding the appropriate budgetary lev- $1,054,000,000. THE AMT BE DEALT WITH BEFORE els for fiscal years 2006 through 2009; On page 3, line 19, increase the amount by OTHER TAX CUTS FOR THE which was ordered to lie on the table; $998,000,000. WEALTHY. as follows: On page 3, line 20, increase the amount by (a) POINT OF ORDER IN THE SENATE.—It $1,066,000,000. shall not be in order in the Senate to con- On page 3, line 9, increase the amount by On page 3, line 21, increase the amount by sider a bill, amendment, motion, joint reso- $6,123,000,000. $1,520,000,000. lution, or conference report that would cut On page 3, line 10, increase the amount by On page 4, line 20, increase the amount by taxes for taxpayers with annual adjusted $688,000,000. $876,000,000. gross incomes of greater than $337,000 unless On page 3, line 11, increase the amount by On page 4, line 21, increase the amount by that measure or a previously enacted meas- $69,000,000. $1,054,000,000. ure permanently reduces the number of tax- On page 3, line 17, increase the amount by On page 4, line 22, increase the amount by payers and families with annual adjusted $6,123,000,000. $998,000,000. gross incomes of less than $150,000 that will On page 3, line 18, increase the amount by On page 4, line 23, increase the amount by be subject to the alternative minimum tax $688,000,000. $1,066,000,000. over the next decade. On page 3, line 19, increase the amount by On page 4, line 24, increase the amount by (b) SUPERMAJORITY WAIVER AND APPEAL.— $69,000,000. $1,520,000,000. This section may be waived or suspended in On page 4, line 20, increase the amount by On page 5, line 3, increase the amount by $6,123,000,000. the Senate only by an affirmative vote of 3⁄5 $876,000,000. of the Members, duly chosen and sworn. An On page 4, line 21, increase the amount by On page 5, line 4, increase the amount by $688,000,000. affirmative vote of 3⁄5 of the Members of the $1,930,000,000. Senate, duly chosen and sworn, shall be re- On page 4, line 22, increase the amount by On page 5, line 5, increase the amount by quired in the Senate to sustain an appeal of $69,000,000. $2,928,000,000. the ruling of the Chair on a point of order On page 5, line 3, decrease the amount by On page 5, line 6, increase the amount by raised under this section. $6,123,000,000. $3,994,000,000. On page 5, line 4, decrease the amount by On page 5, line 7, increase the amount by SA 2773. Mr. DURBIN (for himself, $6,811,000,000. $5,514,000,000. On page 5, line 5, decrease the amount by Mr. LEVIN, Mr. KERRY, Mrs. MURRAY, On page 5, line 11, increase the amount by $6,880,000,000. $876,000,000. Mr. KOHL, Mrs. CLINTON, and Mrs. FEIN- On page 5, line 6, decrease the amount by On page 5, line 12, increase the amount by STEIN) submitted an amendment in- $6,880,000,000. $1,930,000,000. tended to be proposed by him to the On page 5, line 7, decrease the amount by On page 5, line 13, increase the amount by concurrent resolution S. Con. Res. 95, $6,880,000,000. $2,928,000,000. setting forth the congressional budget On page 5, line 11, decrease the amount by On page 5, line 14, increase the amount by for the United States Government for $6,123,000,000. $3,994,000,000. On page 5, line 12, decrease the amount by fiscal year 2005 and including the ap- On page 5, line 15, increase the amount by $6,811,000,000. $5,514,000,000. propriate budgetary levels for fiscal On page 5, line 13, decrease the amount by SEC. . RESERVE FUND FOR ELIMINATING SUR- years 2006 through 2009; which was or- $6,880,000,000. VIVOR BENEFIT PLAN—SOCIAL SE- dered to lie on the table; as follows: On page 5, line 14, decrease the amount by CURITY OFFSET. On page 8, line 21, increase the amount by $6,880,000,000. If the Committee on Armed Services or the $618,000,000. On page 5, line 15, decrease the amount by Committee on Appropriations reports a bill On page 8, line 22, increase the amount by $6,880,000,000. or joint resolution, or an amendment thereto $62,000,000. At the end of Title III, insert the following: is offered or a conference report thereon is On page 9, line 1, increase the amount by SEC. lll. RESERVE FUND FOR INDIAN HEALTH submitted, that provides for an increase to $340,000,000. SERVICE CLINICAL SERVICES. the minimum Survivor Benefit Plan basic On page 9, line 5, increase the amount by The Chairman of the Committee on the annuity for surviving spouses age 62 and $116,000,000. Budget of the Senate shall revise the aggre- older, the Chairman of the Committee on the On page 9, line 9, increase the amount by gates, functional totals, allocations to the Budget shall revise the aggregates, func- $54,000,000. Committee on Appropriations of the Senate, tional totals, allocations, discretionary caps,

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.117 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2581 and other appropriate levels and limits in specifically provides for the restriction, di- propriate budgetary levels for fiscal this resolution by up to $2,757,000,000 in budg- rection, or authorization of appropriation for years 2006 through 2009; which was or- et authority and $2,757,000,000 in outlays over such person, program, project, entity, or ju- dered to lie on the table; as follows: the total of fiscal years 2005 through 2009. risdiction. On page 14, line 19, increase the amount by SA 2776. Mr. McCAIN submitted an SA 2777. Mr. CORZINE proposed an $260,000,000. amendment intended to be proposed by amendment to the concurrent resolu- On page 14, line 20, increase the amount by $18,000,000. him to the concurrent resolution S. tion S. Con. Res. 95, setting forth the On page 14, line 23, increase the amount by Con. Res. 95, setting forth the congres- congressional budget for the United $260,000,000. sional budget for the United States States Government for fiscal year 2005 On page 14, line 24, increase the amount by Government for fiscal year 2005 and in- and including the appropriate budg- $226,000,000. cluding the appropriate budgetary lev- etary levels for fiscal years 2006 On page 15, line 2, increase the amount by els for fiscal years 2006 through 2009; through 2009; as follows: $260,000,000. On page 15, line 3, increase the amount by which was ordered to lie on the table; On page 3, line 9, increase the amount by $260,000,000. as follows: $20,000,000,000. On page 15, line 6, increase the amount by On page 3, line 10, increase the amount by $260,000,000. SEC.lll. RESTRICTIONS ON UNAUTHORIZED $31,000,000,000. APPROPRIATIONS. On page 15, line 7, increase the amount by On page 3, line 11, increase the amount by (a) IN GENERAL.—It shall not be in order in $260,000,000. $34,000,000,000. the Senate to consider any bill, joint resolu- On page 3, line 12, increase the amount by On page 15, line 10, increase the amount by tion, motion, amendment, or conference re- $39,000,000,000. $260,000,000. port that would provide an unauthorized ap- On page 3, line 13, increase the amount by On page 15, line 11, increase the amount by propriation. $36,000,000,000. $260,000,000. (b) WAIVER OR SUSPENSION.— On page 3, line 17, increase the amount by On page 15, line 16, increase the amount by (1) In the Senate, subsection (a) may be $20,000,000,000. $660,000,000. waived or suspended only by an affirmative On page 3, line 18, increase the amount by On page 15, line 17, increase the amount by vote of three-fifths of the Members of the $31,000,000,000. $561,000,000. Senate, duly chosen and sworn. An affirma- On page 3, line 19, increase the amount by On page 15, line 20, increase the amount by tive vote of three-fifths of the Members of $34,000,000,000. $60,000,000. the Senate, duly chosen and sworn, shall be On page 3, line 20, increase the amount by On page 15, line 21, increase the amount by required to sustain an appeal of the ruling of $39,000,000,000. $150,000,000. the Chair on a point of order raised under On page 3, line 21, increase the amount by On page 15, line 24, increase the amount by subsection (a). $36,000,000,000. $60,000,000. (2) A point of order under subsection (a) On page 4, line 20, increase the amount by On page 15, line 25, increase the amount by may be raised by a Senator as provided in $20,000,000,000. $60,000,000. section 313(e) of the Congressional Budget On page 4, line 21, increase the amount by On page 16, line 3, increase the amount by Act of 1974 (2 U.S.C. 644(e)). $31,000,000,000. $60,000,000. (3) If a point of order is sustained under On page 4, line 22, increase the amount by On page 16, line 4, increase the amount by subsection (a) against a conference report in $34,000,000,000. $60,000,000. the Senate, the report shall be disposed of as On page 4, line 23, increase the amount by On page 16, line 7, increase the amount by provided in section 313(d) of the Congres- $39,000,000,000. $60,000,000. sional Budget Act of 1974 (2 U.S.C. 644(d)). On page 4, line 24, increase the amount by On page 16, line 8, increase the amount by (c) UNAUTHORIZED APPROPRIATION DE- $36,000,000,000. $60,000,000. FINED.—In this section: On page 5, line 3, decrease the amount by On page 23, line 5, decrease the amount by (1) UNAUTHORIZED APPROPRIATION.—The $20,000,000,000. $920,000,000. term ‘‘unauthorized appropriation’’ means On page 5, line 4, decrease the amount by On page 23, line 6, decrease the amount by an appropriation— $31,000,000,000. $579,000,000. (A) not specifically authorized by law or On page 5, line 5, decrease the amount by On page 23, line 9, decrease the amount by Treaty stipulation (unless the appropriation $34,000,000,000. $320,000,000. has been specifically authorized by an Act or On page 5, line 6, decrease the amount by On page 23, line 10, decrease the amount by resolution previously passed by the Senate $39,000,000,000. $376,000,000. during the same session or proposed in pur- On page 5, line 7, decrease the amount by On page 23, line 13, decrease the amount by suance of an estimate submitted in accord- $36,000,000,000. $320,000,000. On page 5, line 11, decrease the amount by ance with law); or On page 23, line 14, decrease the amount by (B) the amount of which exceeds the $20,000,000,000. $320,000,000. On page 5, line 12, decrease the amount by amount specifically authorized by law or On page 23, line 17, decrease the amount by $31,000,000,000. $320,000,000. Treaty stipulation (or specifically author- On page 5, line 13, decrease the amount by ized by an Act or resolution previously On page 23, line 18, decrease the amount by $34,000,000,000. $320,000,000. passed by the Senate during the same session On page 5, line 14, decrease the amount by or proposed in pursuance of an estimate sub- On page 23, line 21, decrease the amount by $39,000,000,000. $320,000,000. mitted in accordance with law) to be appro- On page 5, line 15, decrease the amount by priated. On page 23, line 22, decrease the amount by $36,000,000,000. $320,000,000. (2) SPECIFICALLY AUTHORIZED.—For pur- At the appropriate place, insert the fol- On page 54, after line 22, insert the fol- poses of paragraph (1), an appropriation shall lowing: lowing: not be considered to be specifically author- SEC. lll. RESERVE FUND TO PREVENT CUTS IN ll ized if it is restricted or directed to, or au- SOCIAL SECURITY BENEFITS. SEC. . SENSE OF THE SENATE REGARDING thorized to be obligated or expended for the TAX INCENTIVES FOR CERTAIN If legislation is reported by the Senate RURAL COMMUNITIES. benefit of, an identifiable person, program, Committee on Finance, or an amendment project, entity, or jurisdiction by ear- It is the sense of the Senate that if tax re- thereto is offered or a conference report lief measures are passed in accordance with marking or other specification, whether by thereon is submitted that would extend the name or description, in a manner that— the assumptions in this resolution in this solvency of the Social Security Trust Funds session of Congress, such legislation should (A) discriminates against other persons, and prevent future cuts in Social Security programs, projects, entities, or jurisdictions include— benefits, the Chairman of the Senate Com- (1) tax and other financial incentives, simi- similarly situated that would be eligible, but mittee on the Budget may revise the aggre- lar to those included in the New Homestead for the restriction, direction, or authoriza- gates, allocations, and other appropriate lev- Act (S. 602), to help rural communities fight tion, for the amount appropriated, or els and limits in this resolution by not more the economic decimation caused by chronic (B) is so restricted, directed, or authorized than $160,000,000,000 to reflect such legisla- out-migration by giving such communities that it applies only to a single identifiable tion. person, program, project, entity, or jurisdic- the tools they need to attract individuals to tion, SA 2778. Mr. DORGAN (for himself, live and work, or to start and grow a busi- ness, in such rural areas, and unless the identifiable person, program, Mr. HAGEL, Mr. BROWNBACK, and Mr. project, entity, or jurisdiction to which the (2) revenue provisions which fully offset JOHNSON) submitted an amendment in- the cost of such tax and other financial in- restriction, direction, or authorization ap- tended to be proposed by him to the plies is described or otherwise clearly identi- centives. fied in a law or Treaty stipulation (or an Act concurrent resolution S. Con. Res. 95, or resolution previously passed by the Sen- setting forth the congressional budget SA 2779. Mr. DORGAN (for himself ate during the same session or in the esti- for the United States Government for and Mr. REID) submitted an amend- mate submitted in accordance with law) that fiscal year 2005 and including the ap- ment intended to be proposed by him

VerDate jul 14 2003 06:19 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.123 S10PT1 S2582 CONGRESSIONAL RECORD — SENATE March 10, 2004 to the concurrent resolution S. Con. On page 3, line 21, increase the amount by SEC. . GOOD NEWS RESERVE FUND FOR EDU- Res. 95, setting forth the congressional $3,362,000,000. CATION. budget for the United States Govern- On page 4, line 4, increase the amount by (a) ADJUSTMENT.—(1) The Chairman of the Committee on the Budget of the Senate shall ment for fiscal year 2005 and including $1,108,000,000. On page 4, line 5, increase the amount by revise the aggregates, functional totals, allo- the appropriate budgetary levels for $1,449,000,000. cations to the Committee on Appropriations fiscal years 2006 through 2009; which On page 4, line 6, increase the amount by of the Senate, discretionary spending limits, was ordered to lie on the table; as fol- $1,564,000,000. and other appropriate levels and limits in lows: On page 4, line 7, increase the amount by this resolution by an amount not to exceed On page 3, line 9, decrease the amount by $1,636,000,000. 20 percent of good news funds defined in $6,000,000,000. On page 4, line 8, increase the amount by paragraph (2) for a bill, joint resolution, mo- On page 3, line 17, decrease the amount by $1,681,000,000. tion, amendment, or conference report that $6,000,000,000. On page 4, line 12, increase the amount by provides discretionary new budget authority On page 4, line 20, decrease the amount by $1,108,000,000. for fiscal year 2005 in excess of the levels as- $6,000,000,000. On page 4, line 13, increase the amount by sumed in this resolution for education pro- On page 5, line 23, increase the amount by $1,449,000,000. grams within functional category 500, and $6,000,000,000. On page 4, line 14, increase the amount by for the outlays flowing therefrom. $1,564,000,000. (2) GOOD NEWS DEFINITION.—The term ‘‘good SA 2780. Mrs. CLINTON (for herself, On page 4, line 15, increase the amount by news funds’’ means the amount (if any) by $1,636,000,000. which the estimated level of on-budget reve- Mr. KENNEDY, Mr. DASCHLE, and Mr. On page 4, line 16, increase the amount by nues for fiscal year 2005 set forth in the re- BINGAMAN) submitted an amendment $1,681,000,000. port submitted pursuant to section 202(e) of intended to be proposed by her to the On page 4, line 20, increase the amount by the Congressional Budget Act of 1974 (2 concurrent resolution S. Con. Res. 95, $1,108,000,000. U.S.C. 602(e)) (the budget and economic out- setting forth the congressional budget On page 4, line 21, increase the amount by look: update) exceeds such estimated level for the United States Government for $1,449,000,000. set forth in the Congressional Budget Of- fiscal year 2005 and including the ap- On page 4, line 22, increase the amount by fice’s budget and economic outlook for fiscal propriate budgetary levels for fiscal $1,564,000,000. year 2005 issued in January of 2004, adjusted years 2006 through 2009; which was or- On page 4, line 23, increase the amount by for the enactment of any legislation affect- $1,636,000,000. ing revenues for fiscal year 2005 after the dered to lie on the table; as follows: On page 4, line 24, increase the amount by adoption of this resolution. On page 28, after line 7, insert the fol- $1,681,000,000. (b) LIMITATIONS.—Adjustments under sub- lowing: On page 5, line 3, decrease the amount by section (a) shall not exceed $10,000,000,000 of SEC. ll. RESERVE FUND FOR ADDRESSING MI- $1,108,000,000. on-budget Federal revenues for fiscal year NORITY HEALTH DISPARITIES. On page 5, line 4, decrease the amount by 2005. If the Committee on Appropriations of the $2,557,000,000. f Senate reports a bill or joint resolution, or On page 5, line 5, decrease the amount by an amendment thereto is offered or a con- $4,121,000,000. NOTICES OF HEARINGS/MEETINGS ference report thereon is submitted, that ad- On page 5, line 6, decrease the amount by COMMITTEE ON ENERGY AND NATURAL dresses minority health disparities through $5,757,000,000. RESOURCES On page 5, line 7, decrease the amount by activities including those at the HHS Office Mr. DOMENICI. Mr. President, I of Minority Health, the Office of Civil $7,438,000,000. Rights, the National Center on Minority On page 5, line 11, decrease the amount by would like to announce for the infor- Health and Health Disparities, the Minority $1,108,000,000. mation of the Senate and the public HIV/AIDS initiative, health professions On page 5, line 12, decrease the amount by that the following hearing has been training, and through the Racial and Ethnic $2,557,000,000. scheduled before the Committee on En- Approaches to Community Health at the On page 5, line 13, decrease the amount by ergy and Natural Resources: Centers for Disease Control and provides not $4,121,000,000. The hearing will be held on Tuesday, to exceed $400,000,000 in new budget author- On page 5, line 14, decrease the amount by March 30, at 10 a.m., in Room SD–366 of $5,757,000,000. ity for fiscal year 2005, the chairman of the the Dirksen Senate Office Building in Committee on the Budget may revise alloca- On page 5, line 15, decrease the amount by tions of new budget authority and outlays $7,438,000,000. Washington, DC. and other appropriate aggregates to reflect On page 18, line 4, increase the amount by The purpose of the hearing is to re- such legislation, provided that such legisla- $1,108,000,000. ceive testimony on the Energy Em- tion would not increase the deficit for fiscal On page 18, line 5, increase the amount by ployees Occupational Illness Com- year 2005 and for the period of fiscal years $1,108,000,000. pensation Program Act. 2005 through 2009. On page 18, line 8, increase the amount by Because of the limited time available $1,449,000,000. for the hearing, witnesses may testify SA 2781. Mr. LEAHY submitted an On page 18, line 9, increase the amount by $1,449,000,000. by invitation only. However, those amendment intended to be proposed by wishing to submit testimony for the him to the concurrent resolution S. On page 18, line 12, increase the amount by $1,564,000,000. hearing record should send two copies Con. Res. 95, setting forth the congres- On page 18, line 13, increase the amount by of their testimony to the Committee sional budget for the United States $1,564,000,000. on Energy and Natural Resources, Government for fiscal year 2005 and in- On page 18, line 16, increase the amount by United States Senate, SD–364 Dirksen cluding the appropriate budgetary lev- $1,636,000,000. Senate Office Building, Washington, els fiscal years 2006 through 2009; which On page 18, line 17, increase the amount by DC 20510–6150. $1,636,000,000. was ordered to lie on the table; as fol- For further information, please con- lows: On page 18, line 20, increase the amount by $1,681,000,000. tact Dr. Pete Lyons at 202–224–5861 or On page 3, line 9, increase the amount by On page 18, line 21, increase the amount by Shane Perkins at 202–224–7555. $2,216,000,000. $1,681,000,000. On page 3, line 10, increase the amount by f $2,898,000,000. SA 2782. Ms. COLLINS (for herself, AUTHORITY FOR COMMITTEES TO On page 3, line 11, increase the amount by MEET $3,128 000,000. Mr. KENNEDY, Ms. MURKOWSKI, and Ms. On page 3, line 12, increase the amount by LANDRIEU) submitted an amendment COMMITTEE ON BANKING, HOUSING, AND URBAN $3,272,000,000. intended to be proposed by her to the AFFAIRS On page 3, line 13, increase the amount by concurrent resolution S. Con. Res. 95, Mr. ENZI. Mr. President, I ask unani- $3,362,000,000. setting forth the congressional budget mous consent that the Committee on On page 3, line 17, increase the amount by for the United States Government for Banking, Housing, and Urban Affairs $2,216,000,000. fiscal year 2005 and including the ap- be authorized to meet during the ses- On page 3, line 18, increase the amount by propriate budgetary levels for fiscal sion of the Senate on Wednesday, $2,898,000,000. On page 3, line 19, increase the amount by years 2006 through 2009; which was or- March 10, 2004, at 10 a.m., to conduct a $3,128,000,000. dered to lie on the table; as follows: hearing on ‘‘Review of Current Inves- On page 3, line 20, increase the amount by At the appropriate place, insert the fol- tigations and Regulatory Actions Re- $3,272,000,000. lowing: garding the Mutual Fund Industry.’’

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.118 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2583 The PRESIDING OFFICER. Without COMMITTEE ON FINANCE COMMITTEE ON THE JUDICIARY objection, it is so ordered. Mr. ENZI. Mr. President, I ask unani- Mr. ENZI. Mr. President, I ask unani- COMMITTEE ON COMMERCE, SCIENCE, AND mous consent that the Committee on mous consent that the Committee on TRANSPORTATION Finance be authorized to meet during the Judiciary be authorized to meet to Mr. ENZI. Mr. President, I ask unani- the session on Wednesday, March 10, conduct a hearing on Wednesday, mous consent that the Committee on 2004, at 2 p.m., in 215 Dirksen Senate March 10, 2004, at 2:30 p.m. on ‘‘Judicial Commerce, Science, and Transpor- Office Building, to hear testimony on Nominations’’ in the Dirksen Senate tation be authorized to meet on ‘‘United States Economic and Trade Office Building Room 226. Wednesday, March 10, 2004, at 10 a.m., Policy in the Middle East.’’ Witness List: on steroids. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. Panel I: Senators. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS Panel II: Peter W. Hall, to be United COMMITTEE ON ENERGY AND NATURAL Mr. ENZI. Mr. President, I ask unani- States Circuit Judge for the Second RESOURCES mous consent that the Committee on Circuit. Mr. ENZI. Mr. President, I ask unani- Foreign Relations be authorized to Panel III: Jane J. Boyle, to be United mous consent that the Committee on meet during the session of the Senate States District Judge for the Northern Energy and Natural Resources be au- on Wednesday, March 10, 2003, at 9:30 District of Texas; Marcia G. Cooke, to thorized to meet during the session of a.m., to hold a hearing on Non- be United States District Judge for the the Senate on Wednesday, March 10, at proliferation and Arms Control Strat- Southern District of Florida; and Wal- 11:30 a.m., to consider pending calendar egy. ter D. Kelley, Jr., to be United States business. The PRESIDING OFFICER. Without District Judge for the Eastern District objection, it is so ordered. of Virginia. Agenda The PRESIDING OFFICER. Without COMMITTEE ON FOREIGN RELATIONS On Wednesday, March 10, at 11:30 Mr. ENZI. Mr. President, I ask unani- objection, it is so ordered. a.m., the Committee will hold a Busi- mous consent that the Committee on COMMITTEE ON RULES AND ADMINISTRATION ness Meeting in Dirksen 366 to consider Foreign Relations be authorized to Mr. ENZI. Mr. President, I ask unani- the following items on the agenda: meet during the session of the Senate mous consent that the Committee on Agenda Item 1: To consider the nomi- Rules and Administration be author- nation of Susan Johnson Grant, to be on Wednesday. March 10, 2003, at 2:30 p.m., to hold a hearing on ‘‘A Fresh ized to meet during the session of the Chief Financial Officer at the Depart- Senate on Wednesday, March 10, 2004, ment of Energy. Start for Haiti? Charting the Future of U.S.-Haitian Relations.’’ at 9:30 a.m., to conduct a hearing on Agenda Item 8: S. 1307—A bill to au- the scope and operation of organiza- thorize the Secretary of the Interior, The PRESIDING OFFICER. Without objection, it is so ordered. tions registered under Section 527 of acting through the Bureau of Reclama- the Internal Revenue Code. tion, to assist in the implementation of COMMITTEE ON INDIAN AFFAIRS Mr. ENZI. Mr. President, I ask unani- The PRESIDING OFFICER. Without fish passage and screening facilities at objection, it is so ordered. non-Federal water projects, and for mous consent that the Committee on Indian Affairs be authorized to meet on COMMITTEE ON VETERANS’ AFFAIRS other purposes. Mr. ENZI. Mr. President, I ask unani- Agenda Item 9: S. 1355—A bill to au- Wednesday, March 10, 2004, at 9:30 a.m., mous consent that the Committee on thorize the Bureau of Reclamation to in room 485 of the Russell Senate Office Veterans’ Affairs be authorized to meet participate in the rehabilitation of the Building to conduct an oversight hear- during the session of the Senate on Wallowa Lake Dam in Oregon, and for ing on the proposed reorganization of Wednesday, March 10, 2004, for a joint other purposes. major agencies and functions related to Agenda Item 10: S. 1421—A bill to au- Indian trust reform matters without hearing with the House of thorize the subdivision and dedication the Department of the Interior. Representatives’s Committee on Vet- of restricted land owned by Alaska Na- The PRESIDING OFFICER. Without erans’ Affairs, to hear the legislative tives. objection, it is so ordered. presentation of the Veterans of Foreign Agenda Item 12: H.R. 620—To author- COMMITTEE ON THE JUDICIARY Wars. ize the Secretary of the Interior to pro- Mr. ENZI. Mr. President, I ask unani- The hearing will take place in room vide supplemental funding and other mous consent that the Committee on 216 of the Hart Senate Office Building services that are necessary to assist the Judiciary be authorized to meet to at 10 a.m. The PRESIDING OFFICER. Without the State of California or local edu- conduct a hearing on Wednesday, objection, it is so ordered. cational agencies in California in pro- March 10, 2004, at 10 a.m. on ‘‘Letting viding educational services for stu- the People Decide: The Constitutional JOINT ECONOMIC COMMITTEE dents attending schools located within Amendment Authorizing Congress to Mr. ENZI. Mr. President, I ask unani- the Park. Prohibit Physical Desecration of the mous consent that the Joint Economic Agenda Item 17: H.R. 2696—To estab- flag of the United States,’’ in the Dirk- Committee be authorized to conduct a lish institutes to demonstrate and pro- sen Senate Office Building Room 226. hearing in Room 628 of the Dirksen mote the use of adaptive ecosystem Senate Office Building, Wednesday, management to reduce the risk of Witness List: March 10, 2004, from 10 a.m. to 12:30 wildfires, and restore the health of fire- Panel I: The Honorable Daniel J. p.m. adapted forest and woodland eco- Bryant, Assistant Attorney General, The PRESIDING OFFICER. Without systems of the interior West. Office of Legal Policy, Department of objection, it is so ordered. The PRESIDING OFFICER. Without Justice, Washington, DC. SUBCOMMITTEE ON EMERGING THREATS AND objection, it is so ordered. Panel II: Maj. Gen. Patrick Brady, CAPABILITIES COMMITTEE ON ENVIRONMENT AND PUBLIC Chairman of the Board, Citizens Flag Mr. ENZI. Mr. President, I ask unani- WORKS Alliance, Recipient, Medal of Honor, mous consent that the Subcommittee Mr. ENZI. Mr. President, I ask unani- Summer, WA; John Andretti, NASCAR on Emerging Threats and Capabilities mous consent that the full Committee Nextel Cup Series Driver, Mooresville, of the Committee on Armed Services on Environment and Public Works be NC; Richard D. Parker, Williams Pro- be authorized to meet during the ses- authorized to meet on Wednesday, fessor of Law, Harvard Law School, sion of the Senate on March 10, 2004, at March 10, 2004, at 9:25 a.m., to conduct Cambridge, MA; Gary E. May, Asso- 9:30 a.m., in open and closed session to a business meeting to consider a GSA ciate Professor of Social Work, Univer- receive testimony on the Nuclear Non- resolution and S. 1904, S. 2022, and S. sity of Southern Indiana (1981–1985), proliferation Programs of the Depart- 2043, and to conduct a hearing on the Evansville, IN; and Lawrence Korb, ment of Energy and the Cooperative proposed FY 2005 EPA budget. Former Assistant Secretary of Defense, Threat Reduction Program of the De- The hearing will be held in SD 406. Navy Veteran, Alexandria, VA. partment of Defense, in review of the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Defense Authorization Request for fis- objection, it is so ordered. objection, it is so ordered. cal year 2005.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.119 S10PT1 S2584 CONGRESSIONAL RECORD — SENATE March 10, 2004 The PRESIDING OFFICER. Without have leave of the floor during the de- As I earlier said, this marks the uni- objection, it is so ordered. bate on the budget resolution. versity’s first division I-AA title SUBCOMMITTEE ON INTERNATIONAL TRADE AND The PRESIDING OFFICER. Without crown, but we earned six other football FINANCE objection, it is so ordered. titles as a division II school, including Mr. ENZI. Mr. President, I ask unani- f when I was there playing. The last division II title was in 1979. mous consent that the Subcommittee CONGRATULATING THE UNIVER- The reason I mention that is it is sig- on International Trade and Finance of SITY OF DELAWARE MEN’S nificant because our current coach, K. the Committee on Banking, Housing, FOOTBALL TEAM FOR WINNING C. Keeler, was a linebacker on that na- and Urban Affairs be authorized to THE NCAA DIVISION I-AA NA- tional championship team. In his sec- meet during the session of the Senate TIONAL CHAMPIONSHIP on Wednesday, March 10, 2004, at 1 p.m. ond year at the helm at the university, Mr. BIDEN. Madam President, I ask to conduct a hearing on ‘‘Argentina’s K. C. Keeler took this team to a na- unanimous consent that the Judiciary Financial Crisis.’’ tional championship. K. C. is the first Committee be discharged from further The PRESIDING OFFICER. Without to give his predecessor, my old coach, consideration of H. Con. Res 355, and objection, it is so ordered. Tubby Raymond, credit for having re- the Senate proceed to its immediate cruited pretty good guys to play on SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS consideration. It is honoring the Uni- Mr. ENZI. Mr. President, I ask unani- that team. versity of Delaware football team. Let me conclude by saying I am often mous consent that the subcommittee The PRESIDING OFFICER. The asked why I ever thought I should run on public lands and forests of the com- clerk will state the resolution by title. for President of the United States, as I mittee on Energy and Natural Re- The legislative clerk read as follows: did, and attempt to get the nomination sources be authorized to meet during A concurrent resolution (H. Con. Res. 355) back in the eighties. There was a sim- the session of the Senate on Wednes- congratulating the University of Delaware ple reason. I learned early on, after day, March 10th, at 2:30 p.m. men’s football team for winning the National being a county councilman and then The purpose of the hearings is to re- College Athletic Association Division I-AA getting elected as a Senator, I was ceive testimony on the following bills: National Championship. given the honor of presenting the S. 1354, to resolve certain conveyances There being no objection, the Senate Washington Touchdown Club’s Timmie and provide for alternative land selec- proceeded to the concurrent resolution. Award. We used to honor the best tions under the Alaska Native Claims Mr. BIDEN. Madam President, hav- ‘‘small college team in America.’’ I had Settlement Act related to Cape Fox ing been here over 30 years, I under- the opportunity of giving that to Corporation and Sealaska Corporation, stand the Senate rules and that you are Tubby Raymond. and for other purposes; S. 1575 and H.R. not allowed to refer to anybody sitting There were people at an old hotel, in- 1092, to direct the Secretary of Agri- in the gallery. So I will not refer to the cluding Supreme Court Justices and culture to sell certain parcels of fed- fact that anybody is sitting in the gal- others. I never saw my old coach flus- eral land in Carson City and Douglas lery. tered, but as I stood up, introduced by County, NV; S. 1778, to authorize a land I stand here with great pride that my Howard Cosell, to present him with conveyance between the United States alma mater, the University of Dela- this award, I gave him the award, and the City of Craig, AK, and for other ware, has won the national football handed him the trophy, and he turned purposes; S. 1819 and H.R. 272, to direct championship for Division I-AA. In my and said: You know, I just want to tell the Secretary of Agriculture to convey 32 years serving in the Senate for Dela- you, Joe Biden was one of the best ball certain land to Lander County, NV, and ware, I have had the opportunity to players I ever had play for me. And the Secretary of the Interior to convey give hundreds of speeches on the Sen- ate floor. We have much more, though, that was just being a Senator. certain land to Eureka County, NV, for So I figured if I had gotten elected continued use as cemeteries; and H.R. than a national championship to cele- brate. With our nickname, the Fight- President, I would have been able by 3249, to extend the term of the Forest another means to be named what I al- Counties Payments Committee. ing Blue Hens, when we were recruited by the University of Delaware, we ways wanted to be, an All-American. The PRESIDING OFFICER. Without And that is the only reason I ever ran objection, it is so ordered. probably wished they had some other name like the Fighting Tigers or some- for President. I wanted to set that SUBCOMMITTEE ON SEAPOWER thing; but we are Blue Hens. But we are record straight. Mr. ENZI. Mr. President, I ask unani- the Blue Hens, and we are proud of the I am one of the best ball players mous consent that the subcommittee fact that year in and year out we have Delaware ever had, which is simply not on Seapower of the Committee on this long tradition of having a first- true. But I can tell you it is the only Armed Services be authorized to meet rate football team. But none like this time my former coach was ever flus- during the session of the Senate on team. tered. But this guy, Keeler, knows March 10, 2004, at 2 p.m., in open ses- This team played one of the most about my lack of talent and about how sion to receive testimony on the pos- outstanding seasons in college football to recognize talent, and he produced ture of the U.S. Transportation Com- history with a record of 15 to 1 and set- the best football team probably in the mand, in review of the Defense author- ting a school record for victories in any history of the State of Delaware. We ization request for fiscal year 2005 and single season. are here to congratulate them. the future years defense program. After clinching their seventh Atlan- I thank my colleagues for allowing us The PRESIDING OFFICER. Without tic 10 Football Conference Champion- this time. objection, it is so ordered. ship, the 2003 squad sailed through the I yield now to my colleague who is an SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND division I-AA playoffs outscoring our equally avid football fan and a grad- SPACE opponents with a combined score of 149 uate of the University of Delaware. Mr. ENZI. Mr. President, I ask unani- points to 23. Mr. CARPER. Madam President, the mous consent that the subcommittee In fact, they won the championship first time I visited the University of on Science, Technology and Space be game by shutting down—and since our Delaware campus was in 1973. My first authorized to meet on Wednesday, Parliamentarian is a graduate, I al- reaction was: what a beautiful place, March 10, 2004, at 2:30 p.m. on NASA/ most feel badly mentioning that great and it truly is a gorgeous campus. Mars Exploration Program. college—Colgate University 40 to 0. Later, as I learned more about the uni- The PRESIDING OFFICER. Without My only concern was if we had an- versity, I learned they were one of the objection, it is so ordered. other game, I would have felt very top 25 public universities in the coun- f badly for whomever we played because try academically and have remained they just kept getting better and bet- that for some time. We are proud of PRIVILEGE OF THE FLOOR ter. You can imagine Senator CARPER that fact. Mr. CONRAD. Madam President, I and I and Congressman CASTLE at- What I also learned my first year at ask unanimous consent that Sara tended the majority of these games as the University of Delaware in the MBA Hagigh of Senator LIEBERMAN’s staff devoted fans. program, fresh out of the Navy, was

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.124 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2585 they played football at Delaware. I was ball. Some may be lucky to turn up as The PRESIDING OFFICER. Objec- a Buckeye of Ohio State in 1968 when Rich Gannon did, who ended up being tion is heard. The bill will be read for we went all the way. I learned they the MVP of the NFL last year, whether the second time on the next legislative were as rabid about football in Dela- they end up in pro football or other day. ware as we were in Columbus, OH. athletic-related endeavors. Sometimes f During the years that transpired they go on to do great things with since I moved to Delaware, there was a their life, such as Tyrone Jones, who ORDERS FOR THURSDAY, MARCH time when the Dallas Cowboys rose in was a freshman in 1982, one of the years 11, 2004 standing nationally, and I recall in Delaware made it to the finals for the Mr. NICKLES. Madam President, I some circles it was America’s team. I national championship and did not ask unanimous consent that when the was looking through the roster of Dela- make it by three points. Tyrone Jones Senate completes its business today, it ware’s team last night to see some of is now New Castle County coordinator. adjourn until 9:30 a.m., Thursday, the States our players came from. He is in charge of all of New Castle March 11. I further ask that following While I did not find anybody from Alas- County. Back in 1982, he was a fresh- the prayer and pledge, the morning ka, the State from which the Presiding man playing for a great team, and in hour be deemed expired, the Journal of Officer comes, I certainly saw a num- 1983, 1984, 1985, he played free safety for proceedings be approved to date, the ber of players from Delaware, from some of Tubby’s teams. time for the two leaders be reserved for New Jersey, a number of players from Tubby Raymond, who is now in the their use later in the day, and the Sen- Maryland, a lot of players from Vir- Football Hall of Fame, had 300 career ate then resume consideration of S. ginia, California, Georgia—quite a few wins. Ty Jones was on the field for Con. Res. 95, the budget resolution; from Georgia—and Pennsylvania. We about 20 of those wins. We are very provided further that when the Senate have players from South Carolina, proud of him. resumes the budget resolution tomor- North Carolina, Indiana, Connecticut, I want to say to those who might be row, there be 14 hours equally divided Michigan, New York, Florida, Arizona. watching from Delaware or here rep- remaining for debate under the statu- We even have one, I say to Senator resenting Delaware, whatever you do tory limit. BIDEN, I don’t know if he realizes it, on the field or beyond, there is great- The PRESIDING OFFICER. Without but we even have one player on the ros- ness to be accomplished, and we are objection, it is so ordered. ter from Germany. That is going the proud of Ty and others who follow en- extra mile to get the kind of talent K. deavors off of the gridiron. f C. Keeler and his predecessor, Tubby The PRESIDING OFFICER. The Sen- PROGRAM Raymond, wanted to bring to our cam- ator’s time has expired. Mr. NICKLES. Madam President, to- pus. Mr. BIDEN. Madam President, I ask morrow the Senate will resume consid- I have been privileged to enjoy a lot for 1 additional minute. eration of the budget resolution. When of terrific sports moments in my life. The PRESIDING OFFICER. Without the Senate resumes debate, we will This last year, the University of Dela- objection, it is so ordered. have 14 hours remaining under the ware football team on its way to the Mr. BIDEN. Madam President, when time limit. It is my expectation to national championship provided us the Senator was standing with Con- yield back some time. I think we made with two I will never forget. gressman CASTLE in the end zone look- very good progress on the resolution One was a 51 to 45 win over Massa- ing at what was going on, I was in the today. We had a lot of rollcall votes. chusetts in triple overtime on a blus- other end zone begging Andy Hall to We disposed of several amendments. tery fall afternoon at the University of throw me the ball. The ranking member and I will return Delaware. It was a heartstopper. It was Madam President, I ask unanimous to the floor tomorrow morning and an amazing win, topped only by a 40 to consent that the concurrent resolution continue to work through amendments 0 victory over Colgate on a very cold and the preamble be agreed to en bloc; on the resolution. night in December of last year. that the motion to reconsider be laid Again, it is my intention to yield I have been to a lot of games in my upon the table en bloc; and that any back some time. Our colleagues should life. I have never been to a game where statements relating to the resolution know, we are going to have a lot of everybody on our side of the field stood be printed in the RECORD, without in- votes tomorrow. I would urge col- up the entire first quarter. They never tervening action or debate. leagues not to offer amendments that sat down. I have never been to a game The PRESIDING OFFICER. Without have already been offered. We don’t in my life where everybody stood up for objection, it is so ordered. need to vote on the same thing four the second quarter, and third quarter, The concurrent resolution (H. Con. and five times. It is important for us to and the fourth quarter. We had places Res. 355) was agreed to. to sit, but nobody ever sat down. It was The preamble was agreed to. finish this resolution. just the most incredible spirit or eu- Mr. CARPER. Madam President, will We have had good debate on a variety phoria I ever witnessed. the Senator yield? I have to show one of big issues covered in the budget. I When the game was over, the players of the most beautiful newspaper head- would hope we could conclude by late and a lot of fans rushed the field in the lines I have ever seen in Delaware or tomorrow evening or possibly on Fri- presentation of the trophy to Coach any other State. To all who made this day. I will work with all of our col- Keeler. The fans gathered around. Peo- possible, we are enormously proud. leagues to try to make that happen. ple did not want to leave. I remember f f standing half an hour later at one end MEASURE READ THE FIRST ORDER FOR ADJOURNMENT of the end zone with Congressman CAS- TIME—H.R. 1997 TLE looking out over the field and Mr. NICKLES. Madam President, if looking at everybody in sheer joy, sa- Mr. NICKLES. Madam President, I there is no further business to come be- voring the moment. understand that H.R. 1997, the House fore the Senate, I ask unanimous con- Another special moment was when Unborn Victims of Violence Act, is at sent that the Senate stand in adjourn- Coach Keeler went into the end zone the desk, and I ask for its first reading. ment under the previous order, fol- with Tubby Raymond, his predecessor The PRESIDING OFFICER. The lowing the remarks of Senator PRYOR and coach when Keeler was a line- clerk will report. for up to 10 minutes and Senator backer with the national championship The legislative clerk read as follows: LANDRIEU for up to 20 minutes. team in the late seventies. Tubby A bill (H.R. 1997) to amend title 18, United The PRESIDING OFFICER. Without handed it off and Coach Keeler went on States Code, and the Uniform Code of Mili- objection, it is so ordered. to the national championship. tary Justice to protect unborn children from The Senator from North Dakota. For some of the players who left the assault and murder, and for other purposes. Mr. CONRAD. Madam President, I field that night, it was the last football Mr. NICKLES. I now ask for its sec- might ask the Chair as well, could we game they will ever play. Others will ond reading and object to my own re- agree that we would start on the Boxer go on to be greats in professional foot- quest. amendment tomorrow morning?

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.199 S10PT1 S2586 CONGRESSIONAL RECORD — SENATE March 10, 2004 Mr. NICKLES. That would be my ex- My amendment is a sense of the Sen- contribution to education. We are pectation. ate and allows individuals who have ex- going to have to make adjustments to Mr. CONRAD. I think that is impor- hausted their unemployment benefits a housing initiatives in this country, and tant, just so the Senator is here and one-time withdrawal of up to $15,000 we are going to have to make adjust- prepared to move forward with her from their IRAs, tax free and without ments to the contributions we make to amendment. It is also important to penalty, within 1 year after their un- colleges and universities because if this say, Madam President, that we won employment benefits end. budget goes into law, the country will several important victories today and In many cases, my amendment would basically be on a course to bankruptcy that we anticipate a string of addi- free up enough money for a few months because the debt is rising so high. tional victories tomorrow that will of rent or mortgage payments, child We have been attacked by terrorists. allow us to conclude our work at an care expenses, groceries, and other liv- We have a war now that is costing us even earlier point. ing expenses. hundreds of millions of dollars. We On a serious note, I thank the chair- Regardless of what you believe, re- have passed a major education initia- man and his staff for working coopera- gardless of your party affiliation, we tive that the President himself said he tively throughout the day. We are very cannot dismiss these new numbers by wanted to fund, and the economy has, hopeful that we will be able to end this the Bureau of Labor Statistics that in- in many instances, tanked, contrary to sometime Friday morning, everybody dicate the average length of unemploy- all of our hopes and expectations. having had a chance to debate and offer ment in this country is at a 20-year Yet the plan is for tax cuts every important amendments. That does not high. day, always deeper and greater, which mean they need to offer every amend- We cannot expect Americans to be is threatening to wash away a lot of ment. We hope Senators will show re- patient as they watch their bills pile things that are important to people in straint. We hope Senators will elimi- up, and we cannot tell these families to this country. One of the things we can- nate duplication so that we can hold keep their fingers crossed any longer not fix because of this blind adherence down the number of votes in vote-a- while we do nothing to help them. to tax cuts for people who earn over a rama. After all, this money in their IRA ac- million dollars is a survivor benefit for The PRESIDING OFFICER. The Sen- counts is their money. Imagine a fam- our military personnel. ator from Arkansas is recognized. ily whose breadwinner is now on the There are a lot of issues for which we f unemployment rolls, and he or she has could fight. I want to show this docu- IRA WITHDRAWAL this retirement nest egg sitting there ment. It is from the Military Officers Association: Fighting for Fairness. The Mr. PRYOR. Madam President, in the and they have some real needs in the public is going to have a hard time be- year 2000, there were 38 million fami- family but they cannot touch their lieving this, so I am going to try to go lies in this country who owned an indi- own money without penalty or paying over it as simply as I can. In 1972, our vidual retirement account or partici- taxes on accessing that money. Government promised the spouses of pated in an employer-sponsored retire- Madam President, I ask my col- people in the military—now, most of ment savings plan. Since then, unem- leagues to express their support tomor- the spouses would be women but not all ployment has climbed to 8.3 million row for the individuals who are in a people, with more than 1.9 million indi- tough position because of tough times of them would be women. Most are viduals unemployed more than 6 and allow them to use funds from their women. Our Government promised months. own IRAs without penalty. them if they would contribute a cer- Six months without work is a long I yield the floor. tain amount of money into a special time, and it is enough time for people The PRESIDING OFFICER. The Sen- fund, after the member of the service to lose their homes, give up their ator from Louisiana is recognized. passed away, they could provide a nest health care, run through their savings, f egg for their spouses. These are spouses, and everyone is familiar with and ruin their credit for many years to SURVIVOR BENEFITS come. I know this because I hear from this. These women—millions of them— people in Arkansas who have gone from Ms. LANDRIEU. Madam President, I move every 2 years, generally. They living the family dream, to living off of thank the floor manager. It has been a move themselves, their children, and their families, and eventually living off long day, and perhaps we have made most do it with a smile and joy on of Government help. some progress and the hour is a little their face because they are committed To add salt to the wound for many late. I am going to speak just on two to helping the country, and they are unemployed Americans, those individ- amendments of mine that I will offer supporting their husbands who are pro- uals who are fortunate enough to have and which will be voted on tomorrow. tecting us every day. an individual retirement account are I will take the time tonight to speak We promised to give them what we penalized a minimum of 10 percent if at some length about these amend- call a survivor’s benefit. But we have they withdraw funds from their ac- ments because our time will be so lim- failed to live up to that promise. We count. ited, unfortunately, because of the have, instead, said even though we said Recognizing that some significant rules under which we are operating. we would do that, we decided to save events might require people to with- Before I do, let me restate for the money so we could give money, as the draw money from their retirement ac- record that I intend to vote against Senator from Oklahoma said, to the counts earlier than expected, Congress this budget. It is not a budget that will millionaires who need tax cuts in this has on previous occasions provided ex- put America on the right course. This country. We said instead of making the ceptions to the 10-percent early with- is a budget that will turn a stream of promise to these individuals, we have drawal penalty; for example, buying red ink into a raging river that will another priority, and that is to give their first home or maybe even sending threaten to wash away Social Security, people who make over a million dollars their children to college. and this is according not to the Demo- tax cuts because they need it. But we I am offering a commonsense amend- cratic spin room or Democratic cannot give spouses of the people in the ment that could make a real difference operatives, this is according to Alan military their full benefit. for individuals who have invested in Greenspan, who testified before the It gets worse because the document their IRA but have exhausted all of Budget Committee last week and basi- we gave them actually doesn’t mention their unemployment benefits while cally said because of the choices Presi- the offset. I am going to submit it be- searching for a job. dent Bush and the Republican leader- cause I want to make it clear that this I am asking Congress to make an- ship are making in this budget, adjust- is the document our military signed, other exception because our job cre- ments will have to be made to Social and it will be read for the RECORD. No- ation figures continue to disappoint, Security. where in here did it talk about an off- economic growth continues to linger, He could have gone on to say—and I set. An offset is, when the spouse gets and our manufacturing jobs continue am sure he will in further speeches— to be 62 years of age, instead of receiv- to leave the country. I think these are that adjustments are going to have to ing the benefit that her husband put significant events as well. be made to education and the Federal aside specifically for her, thinking that

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.203 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2587 he was doing a good thing to help pro- I am hoping when we vote on this to sacrifice at a time when they are in their tect her in her old age because she amendment tomorrow, perhaps we can greatest need. moved every 2 years and she has had to find some money in this budget to take FRA is grateful to Rep. Miller and Mrs. Landrieu for their leadership in campaigning live under tremendous pressure—when care of this situation. I understand the to restore equity and credibility to this vital you move every 2 years, I think people House has acted. I also understand a program. FRA is again referencing the need would understand it would be hard to bill has been filed by the Senator from for SBP reform in its testimony before Con- keep a career going in the right direc- Maine, a Senator for whom I have a gress this year. tion and continue to increase your great deal of respect, Ms. SNOWE. It is We urge those who wish to help reform this earnings, if you did want to work out- a bipartisan effort. I am hoping maybe unfair and debilitating law to visit the asso- ciation’s Action Center at http://www.fra.org/ side of the home. Maybe you could we can find some money in this budget manage to get a minimum-wage job or action/index.html, click on ‘‘Urge Your to make some adjustments for the sur- Elected Official to Support Funding for SBP something, but it would be very hard vivors benefit plan. Reform Legislation’’ and send a prewritten to develop a career when you have to I ask unanimous consent to print in e-mail to their congressional representa- move every 2 years. She did. These the RECORD a letter that was recently tives. women did. Then they signed a docu- printed in that Joe Barnes ment that said they would receive this National Executive Secretary outlines this situation, and also the ac- Fleet Reserve Association benefit, and, lo and behold, they were tual document our families signed that Dear Joe: I echo your praise and support of told after they were in their sixties and leads them to believe they are going to S. 1916 and H.R. 3673. I also commend Mrs. their husbands had died, after their get this benefit. Landrieu and Mr. Miller for spearheading husbands served 20 and sometimes 30 There being no objection, the mate- this vital legislation. years in the military protecting us and rial was ordered to be printed in the Dear Sgt. Shaft: I agree totally that the giving us the advantages, that the RECORD, as follows: SBP program is a huge injustice for widows of military retired persons. I had 10 years of thousands of dollars they were count- [From the Washington Times, Feb. 23, 2004] ing on were not there. active duty plus 14 years in the Reserves, re- SURVIVOR BENEFIT PLAN NEEDS REFORM It gets worse. In addition to not fund- tiring as an 0–6. It has been a long time since ing this for our military families, we Dear Sgt. Shaft: The Fleet Reserve Asso- I have seen a write-up of the actual SBP pro- visions, so I do not understand how it affects do fund, as the Federal Government, if ciation (FRA) is urging all 66 members of the House and Senate budget committees to in- me and my wife. Where can I find a good de- you work for the Federal Government clude funding in the 2005 budget resolution scription? in civilian employment and you take for legislation (S. 1916 and H.R. 3673) that From the synopses I have seen so far, we out a policy for your spouse, you do not eliminates the drastic reduction in Survivor would have been better off to take the dol- have the same offset. So we have the Benefit Plan (SBP) annuities that now ad- lars and put them toward an annuity policy very unfair and terribly unjust situa- versely impacts survivors of military per- instead of wasting them on the SBP pro- tion today where if you are a spouse of sonnel who are 62 and older. gram. The current program provides 55 percent of Harry J. Wander a military person, and you have moved Col., AUS, Retired SBP covered retired pay for younger every 2 years, your spouse has pro- Dear Henry: For starters, I suggest that spouses—however, the amount decreases to tected the country for the last 30 years, you visit a few of the military organization 35 percent of retired pay when survivors be- Web sites, such as the Military Officers Asso- and you get to be 62, you do not receive come eligible for Social Security. Many re- that full benefit because we need to ciation of America at www.moaa.org, the tirees and their spouses were not fully aware Non Commissioned Officer Association, save money to cut taxes for people who of this reduction when they enrolled in the make over $1 million. That is the situa- www.ncoausa.org, or the Fleet Reserve Asso- program in the early 1970s. As a result, many ciation at www.fra.org. tion. believe they were betrayed by having been Dear Sgt. Shaft: Isn’t it funny: If Congress My amendment, which I am going to asked to sign an irrevocable contract to pay wants a pay raise, it’s processed with no lifetime SBP premiums. ask be voted on tomorrow, would fix problems. For those of us ‘‘who paid the Sen. Mary L. Landrieu, Louisiana Demo- that situation. I do not think it is price’’ for our country (to keep Congress in- crat, introduced the Military Survivor Bene- going to be adopted, but I am going to tact), there’s always some delay. offer it anyway because I want my col- fits Improvement Act of 2003 (S. 1916), which Michael G. would eliminate the SBP offset over a 10- Virginia leagues on the other side to be on the year period. Companion legislation (H.R. record saying the choice they make is Dear Michael: The Defense Finance and 3673) to do the same was introduced by Rep. Accounting Service (DFAS) has announced not to fix this situation which will cost Jeff Miller, Florida Republican, in the that computer reprogramming has pro- us approximately $2 billion because we House. gressed faster than expected and they have cannot afford it. We can afford $2.6 tril- The Fleet Reserve Association, the oldest made concurrent disability payments (CDP) lion in tax cuts, but we cannot afford and largest organization dedicated to en- to about 150,000 eligible retirees on Feb. 1. $2 billion to help our military families. hancing pay and benefits for enlisted mem- Those whose CDP will be delayed another I am not going to vote that way, but bers of the U.S. Navy, Marine Corps and month or two include those who divide their some people will, and they can explain Coast Guard, was instrumental in the enact- retired pay with a former spouse, medical it to the thousands of retirees in their ment of the military SBP program in 1972, disability retirees who will have their offset which was designed to improve the Retired States. I am not sure how. only partially eliminated by the new law Servicemembers Family Protection Plan. change, and a few other special situations. For the record, under the civil serv- Participants were responsible for paying 60 DFAS officials believe that they will be ice retirement system, the percentage percent of the costs, while the government able to provide payment for all of these re- of survivor benefits, people receive 55 was to subsidize the remaining 40 percent. tirees no later than the April 1 paycheck. percent; the Federal employee retire- But today’s SBP program looks nothing SECTION VII—INFORMATION ON THE SURVIVOR ment system receives 50 percent, but like its FRA predecessor, and its intended BENEFIT PLAN (SBP) not the widows and widowers of people value has been greatly diminished by the So- Definition of Dependent Child. A dependent who served in the military. I do not un- cial Security offset as well as decreased con- child must be unmarried and: derstand it, and nobody in Louisiana tributions from the federal government. a. Be under 18 years of age. Today, military retirees pay for more than b. Be between ages 18 and 22 and pursuing understands it because we continue to 80 percent of SBP costs, while the govern- increase the military budget. I know, a full-time course of study and/or training in ment picks up only about 19 percent of the a high school, trade school, technical or vo- because I voted for every increase in costs. By way of comparison, the federal gov- cational institute, junior college, college, the military budget since I arrived in ernment subsidizes its civilian survivor ben- university, or comparable recognized edu- the Senate 7 years ago. I voted for bil- efit plans—Federal Employees Retirement cational institution (See item e below.) lions of dollars because I believe in a System and Civil Service Retirement Sys- c. Be a child of your present or of a pre- strong military. tem—at 33 percent and 48 percent, respec- vious marriage, adopted, or a step, foster, or I do not know how not living up to tively. recognized natural child who has lived with your promises to people in uniform to Probably the greatest disparity between you in a regular parent-child relationship the two plans is beneficiaries in the federal and as indicated in a and b above or d below. help them protect their spouses helps civilian programs do not experience the d. Be incapable of self-support because of a us to strengthen our military. If any- same offset incurred by military SBP bene- mental or physical incapacity which existed body knows, maybe they can commu- ficiaries when they reach the age of 62. It is before the 18th birthday, or was incurred be- nicate that to me because I do not unconscionable that the men and women of fore age 22 while pursuing a full-time course know. our armed forces and their families continue of study of training. (See item e below.)

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.205 S10PT1 S2588 CONGRESSIONAL RECORD — SENATE March 10, 2004 e. If your child(ren) is (are) defined by item the Survivor Benefit Plan or increase pre- plained in the Retired Army Bulletin) should b or d above, an affidavit to that effect viously elected coverage. be informed of your election. The separate signed by the registrar or physician, respec- Routine Uses: Uniformed Services review election form must be completed, signed, tively, must be furnished to Retired Pay Op- form for completeness, validate and record sealed, and mailed. It should be noted that a erations, USAFAC. level of participation. pre-addressed return envelope which requires Definition of natural person with insurable Disclosure Is Voluntary: However, the in- no postage is enclosed interest. Any person who can reasonably ex- formation transmitted in this form is nec- If you have not received a copy of the spe- pect financial benefit from you while you essary to administer the above law. Without cial issue of the RETIRED ARMY BUL- live may be considered as a natural person it, retirees could not change their previous LETIN, a copy should be requested from the with an insurable interest. This person may elections. Retired Pay Division, U.S. Army Finance be any close relative such as a child not de- Under this law you have a choice to either Support Agency, Indianapolis, IN 46249. You pendent upon you for support, or a close participate or not to participate in the Sur- request should include your signature, your business associate. If person named is not vivor Benefit Plan. If you choose to partici- SSAN, and an address to which the Survivor more nearly related than cousin, attach a pate, you have a further choice as to what Benefit Plan information can be sent. To as- statement of Proof of Financial Benefit. type of coverage you desire. Under one op- sure earliest coverage or non-coverage for SECION VIII—MONTHLY COST AND AMOUNT OF tion, only a SPOUSE is to receive a survivor your beneficiaries, the election form should SURVIVOR ANNUITY benefit annuity, under another option, only be completed and mailed promptly. a CHILD or CHILDREN are to receive annu- Spouse only (no eligible children). Cost of Ms. LANDRIEU. I thank the Chair ity payments, and under a third option a coverage is 21⁄2 percent of the first $300, plus for consideration of that amendment at CHILD or CHILDREN plus a SPOUSE are to 10 percent of any designated retired pay in the appropriate time. receive annuity payments. excess of $300. If coverage is elected for a de- To assist you in making your election f pendent child acquired subsequent to retire- whether to participate, data are shown below ment, cost of coverage will be increased. The EDUCATION to permit you to determine your actual par- increase in cost is effective the first day of ticipation costs. PLEASE note that the Ms. LANDRIEU. Madam President, the month following eligibility of such child. ‘‘COST’’ shown below is based on the provi- the second amendment I wish to talk (See c. below.) sion of the law whereby only the SPOUSE is Spouse and eligible children. The cost of about for a moment and offer tomor- to receive a survivor’s annuity and this an- coverage will be 21⁄2 percent of the first $300 row for a vote is not about the mili- nuity, equal to 55% of your gross retired pay, of the base amount plus 10 percent of the re- tary; it is about education. I was in the is the maximum annuity for a spouse. Costs mainder plus a slight additional charge for Chamber earlier today speaking about for providing annuity benefits to children children’s coverage that will vary depending where there is no spouse or for benefits to education. Let me recap. on your age, your wife’s age, and the age of children in addition to the benefits for a Senator MURRAY offered an amend- your youngest child. The additional charge spouse, have not been computed. Costs for ment which I was pleased to vote for, should generally be about one-half of one any optional provision of the law may be ap- proud to vote for. Although it only re- percent of the amount of retired pay des- proximated using the formula provided in ignated. (See c below.) ceived 48 votes, I think it was one of If your spouse becomes ineligible through the Retired Army Bulletin. Actual cost of the most important amendments we divorce, annulment or death, no cost is due annuities will be actuarially computed in discussed all day. The reason I say that for any month in which there is no bene- each case as required. is because one of the major platforms If your retired pay exceeds $300 per month, ficiary. If you remarry, the cost will be rein- the cost of Survivor Benefit Plan to you is of this administration when this Presi- stated the first anniversary of the date of re- arrived at by charging 21⁄2% against the first dent took office—I can remember the marriage, unless child is born of that mar- $300 of your retired pay and 10% of any speeches. I sat in the great room of the riage prior to the first anniversary date. Eligible children only (no spouse). The cost amount over $300. This will provide for a House Chamber and listened to the of coverage will vary depending on your age maximum annuity equal to 55% of your gross State of the Union speeches. I will par- and the age of your youngest child but retired pay. If you wish to provide for a sur- aphrase, but I heard this. should generally be about 3 percent of the vivor’s annuity which is less than the max- I heard the leader of our country say amount of retired pay designated. imum permitted, you may do so. To accom- we are not doing enough in education; plish this you must specify the amount less Cost reduction—children. When all chil- that our schools were not doing what dren cease to be eligible for an annuity, the than your gross retired pay, but in NO case less than $300, to which the 55% is to be ap- they should do, and that he had a plan. additional cost for child coverage shall stop. If we would just stop throwing money The reduction in cost is effective the first plied to determine the amount of the annu- day of the month following that in which the ity. In the event your monthly retired pay is at the system, if we would start expect- last child ceases to be eligible for an annu- $300 or less, the cost of providing your sur- ing success, not funding failure, if we ity. vivor with 55% of your full retired pay (no would embrace accountability, if we Natural interest person. Cost of coverage is lesser amount is permitted) is 21⁄2% of your would make sure all of our teachers 10 percent of full retired pay, plus an addi- retired pay. were certified, and if we would really tional 5 percent of full retired pay for each If you are currently participating in the Retired Serviceman’s Family Protection work together across party lines and full five years that your age exceeds that of come up with a new plan for public the natural interest person. The total cost Plan (RSFPP), the cost of your coverage is may not exceed 40 percent of retired pay. shown below for informational purposes. The education in our Nation, that is what Annuity—Spouse and/or eligible children. law gives you three (3) options as a present we should do. Full coverage provides an annuity of 55 per- participant in RSFPP. These options are: (1) I was convinced, committed, and cent of retired pay. Reduced coverage pro- continue RSFPP and not join Survivor Ben- worked very hard to see that bill pass, vides an annuity of 55 percent of reduced efit Plan, (2) drop RSFPP and join Survivor and it passed. That was the No Child amount elected. Benefit Plan, and (3) continue RSFPP and Left Behind Act. It was not a big lift Annuity—Natural interest person. The an- join Survivor Benefit Plan to provide a total survivor annuity not to exceed 100% of your for me for a number of reasons. nuity payable is 55 percent of retired pay re- I am very proud of my State because maining after cost of coverage has been sub- retired pay, calculated at the time of elec- tracted. tion in the new program. Under this third before we entered into this agreement Cost-of-Living Increase (CLI). The cost is option you may reduce the amount of cov- at the Federal level, the State of Lou- subject to change based on CLI’s in retired erage under RSFPP as you see fit. isiana was one of about five States in pay. Annuities paid to survivors of deceased If you retired prior to 21 September 1972, the Union that was pioneering this members are also CLI adjusted. you have one calendar year in which to elect exact concept. It said for 150 years we CONTINUATION OF ITEM 10, SECTION IV. to participate in the Plan. If you retired within 180 days after enact- have just thrown money at the system ment of the Survivor Benefit Plan you have not really requiring or expecting good NAME (LAST, FIRST, MI) DATE OF SOCIAL SECU- RELATIONSHIP BIRTH RITY NO. 180 days from your date of retirement as results and not really measuring our shown below to elect NOT to participate in commitment of dollars based on the re- the PLAN. Unless you specifically elect NOT sults we were getting, and that did not to participate, you are considered in the seem to make sense. So we switched PLAN and cost deductions will be made from our system, holding all schools ac- your retired pay at maximum coverage. countable, not just for the averages for DATA REQUIRED BY THE PRIVACY ACT OF 1974 Your election form is enclosed You should Authority: Public Law 92–425, EO 9397 as keep this letter with your copy of the elec- the subgroups of children—African amended. tion form on the reverse for your records. Americans, rural children, poor chil- Principal Purpose(s): Used by members re- Your spouse and/or children, or natural per- dren—but making sure we were not tired on or before 13 August 1981, to enroll in son with an insurable interest (which is ex- leaving anybody out.

VerDate jul 14 2003 06:04 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.086 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — SENATE S2589 We were well on our way. Louisiana of the promises of No Child Left Be- 400 were transferred. The rest were de- was doing great. Then this administra- hind, but only 3,000 were transferred. nied because of lack of space in higher tion came in and said: Your plan, al- Why? Because there is no space. Why? performing schools. though you like it and the people of Because they do not have the money to My amendment is going to remove Louisiana like it and you are making hire additional teachers. Why? Because the $50 million, and say no money can progress, I do not think it is strong the President’s budget specifically pro- be spent in this budget sending chil- enough. He, the leadership, pushed this hibits money from being used for dren to private schools until we pro- country into an even stricter plan. The school construction, because the Re- vide options for them to go to public leadership, the administration, said: If publican leadership, led by President schools. Many of these families would you go there, I will be there. I will help Bush, does not want money spent on choose public schools, but according to and provide the funding in the budget school construction. this budget they cannot go because we for No Child Left Behind. I do not know how children are will not help them add teachers, and One of the reasons I am going to vote moved from a lower performing school they are strictly prohibited from using against this budget tomorrow is be- to a higher performing school if the the money for school construction in cause that did not come true, because higher performing school is filled un- this budget. it is short $9 billion. For Louisiana, it less classrooms are added, expanded, or Those are the two amendments: One means about $200 million. teachers are added. Because he flat- to help spouses in the military. I think I have schools that have been rated funded the teacher section and pro- we can find a few million dollars to as in need of improvement. They are hibits money from being used to build help them and I am hoping to take this trying so hard, and they are doing a additional schools, I am not quite sure out of the budget so we can keep our beautiful job. But they need to hire a how our superintendents, Democrats or priorities straight, which is helping all few more teachers. This administration Republicans, are going to handle it, but schools with the best we can, but living said it would be there to help hire the they have a real challenge before them. up to our promises of No Child Left Be- teachers. The President said that, but In Los Angeles, we have 230,000 chil- hind first. it is not in his budget, and it is not in dren who are eligible for transfer. I do the budget in the chairman’s mark to not think anybody in the Chamber When we have funded that effort, help them. could guess how many actually were which is not just any other Govern- Unfortunately, one of the small transferred. One hundred students. Two ment program—I know we do not fund items that is in the budget which real- hundred thirty thousand children are every Government program at the au- ly pours salt on the wound is, while we thorized levels, but this is different. do not have the $9 billion for No Child eligible, and 100 were transferred. I learned today, and I am going to This was a special promise made. This Left Behind, I want to share with ev- submit for the RECORD, if I can verify was the foundation of a new beginning eryone what is in the budget, which is it—and if not, I will remove this from for our public schools. This was a very hard to read. What is in the budg- the Record—there has not been a new promise that was made to the people of et is $50 million to send kids from pub- our country, and it is a promise that is lic schools to private schools, basi- school built in L.A. in the last 20 years. That may not be correct, but I want to not fulfilled in this budget, which is cally. It reserves $50 million for school why, again, I will vote against it, and I choice initiatives that move children say it tonight. If it is not, I will re- move it from the RECORD. L.A. is grow- will be pleased to offer these amend- from public schools to private schools. ments in the morning. Now we have the situation where we ing so fast, and these children have no are not going to fund taking children place to go, and this budget does not I yield back my time. from lower performing schools to move help them get anywhere. It says in- them into higher performing public stead of helping children go to new f schools, but we are going to specifi- public schools, we are going to send cally provide additional money to them to private schools. ADJOURNMENT UNTIL 9:30 A.M. move them into private schools. Of course, there are no spaces in the TOMORROW For the record, in Chicago, under the private schools, either, so I am not President’s plan, 125,000 students were sure where we are going to send them. The PRESIDING OFFICER. Under eligible for transfer, meaning that In Baltimore, 30,000 children—that is the previous order, the Senate stands 125,000 students found themselves in this year—last year were eligible for adjourned until 9:30 a.m. tomorrow. schools that did not make the mark. transfer. Only 194 were transferred. In Thereupon, the Senate, at 11:02 p.m., They requested a transfer to a higher New Orleans, in my home city, 35,000 adjourned until Thursday, March 11, performing public school, which is one children were in failing schools. Only 2004, at 9:30 a.m.

VerDate jul 14 2003 05:06 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.208 S10PT1 March 10, 2004 CONGRESSIONAL RECORD — Extensions of Remarks E337 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS 10 a.m. amine the legislative presentations of Appropriations the National Association of State Di- Title IV of Senate Resolution 4, Energy and Water Development Sub- rectors of Veterans Affairs, AMVETS, agreed to by the Senate on February 4, committee American Ex-Prisoners of War, the 1977, calls for establishment of a sys- To hold hearings to examine proposed Vietnam Veterans of America, and the budget estimates for fiscal year 2005 for tem for a computerized schedule of all Military Officers Association of Amer- the Department of Energy’s Office of ica. meetings and hearings of Senate com- National Nuclear Security Administra- 345 CHOB tion. mittees, subcommittees, joint commit- 2:30 p.m. tees, and committees of conference. SD–192 Health, Education, Labor, and Pensions Armed Services This title requires all such committees Substance Abuse and Mental Health Serv- Strategic Forces Subcommittee to notify the Office of the Senate Daily ices Subcommittee To hold hearings to examine national se- Digest—designated by the Rules Com- To hold hearings to examine mental curity space programs and manage- mittee—of the time, place, and purpose health services. ment in review of the Defense Author- SD–430 ization request for fiscal year 2005. of the meetings, when scheduled, and SR–232A any cancellations or changes in the MARCH 24 Energy and Natural Resources meetings as they occur. 9:30 a.m. Water and Power Subcommittee As an additional procedure along Indian Affairs To hold hearings to examine S. 1085, to with the computerization of this infor- To hold hearings to examine S. 1529, to provide for a Bureau of Reclamation amend the Indian Gaming Regulatory program to assist states and local com- mation, the Office of the Senate Daily Act to include provisions relating to munities in evaluating and developing Digest will prepare this information for the payment and administration of rural and small community water sup- printing in the Extensions of Remarks gaming fees. ply systems, and S. 1732, to direct the section of the CONGRESSIONAL RECORD SR–485 Secretary of the Interior to establish a 2 p.m. rural water supply program in the Rec- on Monday and Wednesday of each Armed Services week. lamation States to provide a clean, Airland Subcommittee safe, affordable, and reliable water sup- Meetings scheduled for Thursday, To hold hearings to examine Navy and ply to rural residents. Air Force aviation programs in review March 11, 2004 may be found in the SD–366 of the Defense Authorization request Daily Digest of today’s RECORD. for fiscal year 2005 and future years de- MARCH 30 fense program. MEETINGS SCHEDULED SR–232A 10 a.m. Energy and Natural Resources MARCH 25 To hold hearings to examine the imple- MARCH 18 9:30 a.m. mentation of the Energy Employees 10 a.m. Armed Services Occupational Illness Compensation Veterans’ Affairs To hold hearings to examine the role of Program Act of 2000. To hold joint hearings with the House the U.S. Northern Command and U.S. SD–366 Committee on Veterans Affairs to ex- Special Operations Command in de- amine the legislative presentations of fending the homeland and in the global MARCH 31 the Air Force Sergeants Association, war on terrorism, in review of the de- 10 a.m. the Retired Enlisted Association, Gold fense authorization request for fiscal Star Wives of America, and the Fleet Health, Education, Labor, and Pensions year 2005; to be followed by a closed Business meeting to consider pending Reserve Association. session in SH–219. 345 CHOB calendar business. SH–216 SD–430 10 a.m. MARCH 23 Health, Education, Labor, and Pensions SEPTEMBER 21 9:30 a.m. Employment, Safety, and Training Sub- Armed Services committee 10 a.m. To hold hearings to examine atomic en- To hold hearings to examine MSDS and Veterans’ Affairs ergy defense activities of the Depart- OSHA hazardous commission. To hold joint hearings with the House ment of Energy relating to the Defense SD–430 Committee on Veterans’ Affairs to ex- Authorization request for fiscal year Veterans’ Affairs amine the legislative presentation of 2005. To hold joint hearings with the House the American Legion. SD–106 Committee on Veterans’ Affairs to ex- 345 CHOB

∑ 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.

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HIGHLIGHTS The House passed H.R. 339, Personal Responsibility in Food Consump- tion Act. Senate from Iraqi reconstruction, and a reserve fund to pro- Chamber Action vide Montgomery GI Bill benefits to members of the Routine Proceedings, pages S2465–S2589 Selected Reserves. Pages S2493–98 Measures Introduced: Seven bills and one resolu- By 95 yeas to 4 nays (Vote No. 37), Warner tion were introduced, as follows: S. 2187–2193, and Amendment No. 2742, to increase the amounts pro- S. Res. 317. Page S2543 vided for national defense for fiscal year 2005 for new budget authority and for outlays. Measures Reported: Pages S2506–10, S2517–18 S. 1904, to designate the United States courthouse By 51 yeas to 48 nays (Vote No. 38), Feingold located at 400 North Miami Avenue in Miami, Flor- Amendment No. 2748, to fully reinstate the pay-as- ida, as the ‘‘Wilkie D. Ferguson, Jr. United States you-go requirement. Pages S2510–16, S2518 Courthouse’’. By 53 yeas to 43 nays (Vote No. 39), Baucus S. 2022, to designate the Federal building located Amendment No. 2751, to strike the outlay rec- at 250 West Cherry Street in Carbondale, Illinois onciliation instruction to the Committee on Finance. the ‘‘Senator Paul Simon Federal Building’’. Pages S2518–25, S2531 S. 2043, to designate a Federal building in Har- Rejected: risburg, Pennsylvania, as the ‘‘Ronald Reagan Fed- By 46 yeas to 52 nays (Vote No. 35), Murray eral Building’’. Page S2543 Amendment No. 2719, to fully fund the No Child Measures Passed: Left Behind Act for fiscal year 2005 and lower the Congratulating University of Delaware Men’s national debt by closing tax loopholes. Football Team: Committee on the Judiciary was dis- Pages S2469–92 charged from further consideration of H. Con. Res. By 47 yeas to 52 nays (Vote No. 36), Byrd 355, congratulating the University of Delaware Amendment No. 2735, to provide for consideration men’s football team for winning the National Colle- of tax cuts outside of reconciliation. Pages S2498–S2506, S2516–17 giate Athletic Association I–AA national champion- By 46 yeas to 51 nays (Vote No. 40), Nelson (FL) ship, and the resolution was then agreed to. Amendment No. 2745, to create a reserve fund to Pages S2584–85 allow for an increase in Veterans’ medical care by Budget Resolution: Senate continued consideration $1.8 billion by eliminating abusive tax loopholes. of S. Con. Res. 95, setting forth the congressional Pages S2529–31 budget for the United States Government for fiscal Withdrawn: year 2005 and including the appropriate budgetary Voinovich Amendment No. 2705, to establish a levels for fiscal years 2006 through 2009, taking ac- 60–vote point of order relative to the Social Security tion on the following amendments proposed thereto: Trust Fund. Pages S2525–29, S2531 Pages S2465–S2537 Pending: Adopted: Corzine Amendment No. 2777, to eliminate tax Graham (SC) Modified Amendment No. 2731, to breaks for those with incomes greater than $1 mil- enhance military readiness by creating a reserve fund lion and reserve the savings to prevent future cuts to provide TRICARE benefits for members of the in Social Security benefits. Pages S2532–37 Selected Reserve of the Ready Reserve, fully offset A unanimous-consent agreement was reached pro- through reductions including unobligated balances viding for further consideration of the resolution, at D207

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 D208 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2004 9:30 a.m., on Thursday, March 11, 2004; provided uty Under Secretary of Defense for Technology Secu- further, that there be 14 hours equally divided re- rity Policy and Counterproliferation. maining for debate under the statutory limit. Page S2585 DEPARTMENT OF DEFENSE AUTHORIZATION Messages From the House: Page S2543 Committee on Armed Services: Subcommittee on Measures Referred: Page S2543 Seapower concluded a hearing to examine the pro- Measures Read First Time: Pages S2543, S2585 posed Department of Defense authorization request Executive Reports of Committees: Page S2543 for fiscal year 2005 and the Future Years Defense Program, focusing on the posture of the U.S. Trans- Additional Cosponsors: Pages S2543–45 portation Command, after receiving testimony from Statements on Introduced Bills/Resolutions: General John W. Handy, USAF, Commander, U.S. Pages S2545–61 Transportation Command, U.S. Air Force; Major Additional Statements: Pages S2541–43 General Ann E. Dunwoody, USA, Commanding General, Surface Deployment and Distribution Com- Amendments Submitted: Pages S2561–82 mand, U.S. Army; and Vice Admiral David L. Brew- Notices of Hearings/Meetings: Page S2582 er III, USN, Commander, Military Sealift Command, Authority for Committees to Meet: Pages S2582–84 U.S. Navy. Privilege of the Floor: Page S2584 MUTUAL FUND INDUSTRY Record Votes: Six record votes were taken today. Committee on Banking, Housing, and Urban Affairs: (Total—40) Pages S2492, S2517, S2518, S2531 Committee held hearings to examine current inves- Adjournment: Senate convened at 9:30 a.m., and tigations and regulatory actions regarding the mu- adjourned at 11:02 p.m., until 9:30 a.m., on Thurs- tual fund industry, receiving testimony from David day, March 11, 2004. (For Senate’s program, see the M. Walker, Comptroller General of the United remarks of the Acting Majority Leader in today’s States, General Accounting Office; Lori A. Richards, Record on page S2585.) Director, Office of Compliance Inspections and Ex- aminations, and Paul F. Roye, Director, Division of Investment Management, both of the U.S. Securities Committee Meetings and Exchange Commission; and Mary L. Schapiro, NASD, Washington, D.C. (Committees not listed did not meet) Hearing recessed subject to the call of the chair. APPROPRIATIONS: DEPARTMENT OF ARGENTINA DEFENSE Committee on Banking, Housing, and Urban Affairs: Committee on Appropriations: Subcommittee on Defense Subcommittee on International Trade and Finance concluded a hearing to examine proposed budget es- concluded a hearing to examine Argentina’s current timates for fiscal year 2005 for the U.S. Navy and economic and political situation, focusing on the bi- U.S. Marine Corps, after receiving testimony from lateral relationship between the United States and Gordon R. England, Secretary of the Navy; Admiral Argentina, after receiving testimony from Roger F. Vern Clark, U.S. Navy, Chief of Naval Operations; Noriega, Assistant Secretary of State for Western and General Michael W. Hagee, Commandant of the Hemisphere Affairs; Randal K. Quarles, Assistant Marine Corps, U.S. Marine Corps. Secretary of Treasury for International Affairs; Adam Lerrick, Carnegie Mellon University Graduate School DEFENSE AUTHORIZATION of Industrial Administration, Pittsburgh, Pennsyl- Committee on Armed Services: Subcommittee on Emerg- vania; and Michael Mussa, Institute of International ing Threats and Capabilities concluded open and Economics, Washington, D.C. closed hearings to examine the Defense Authoriza- tion Request for Fiscal Year 2005, focusing on the STEROIDS AND SPORTS defense nuclear nonproliferation programs of the De- Committee on Commerce, Science, and Transportation: partment of Energy and the Cooperative Threat Re- Committee concluded a hearing to examine the duction programs of the Department of Defense, scope of steroid use in professional and amateur after receiving testimony from Paul M. Longsworth, sports, focusing on certain drug treatment and pre- Deputy Administrator for Defense Nuclear Non- vention programs, after receiving testimony from proliferation, National Nuclear Security Administra- Senator Biden; Representative Sweeney; Allan H. tion, Department of Energy; and Lisa Bronson, Dep- Selig, Major League Baseball, Milwaukee, Wisconsin;

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 March 10, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D209 Donald M. Fehr, Major League Baseball Players As- City of Craig, Alaska, S. 1819 and H.R. 272, bills sociation, and Paul J. Tagliabue, National Football to direct the Secretary of Agriculture to convey cer- League, both of New York, New York; Eugene Up- tain land to Lander County, Nevada, and the Sec- shaw, National Football League Players Association, retary of the Interior to convey certain land to Eure- Washington, D.C.; and Terrance P. Madden, United ka County, Nevada, for continued use as cemeteries, States Anti-Doping Agency, Colorado Springs, Colo- and H.R. 3249, to extend the term of the Forest rado. Counties Payments Committee, after receiving testi- MARS EXPLORATION PROGRAM mony from Mark Rey, Under Secretary of Agri- culture for Natural Resources and Environment; Committee on Commerce, Science, and Transportation: Sub- Tom Lonnie, Assistant Director, Minerals, Realty committee on Science, Technology and Space con- and Resource Protection, Bureau of Land Manage- cluded a hearing to examine NASA/Mars exploration ment, Department of the Interior; Mayor Dennis program, focusing on the information learned from Watson, Craig, Alaska; Marilyn Blair, Cape Fox Cor- the recent landings of twin Mars Exploration Rovers, poration, Ketchikan, Alaska; Buck Lindekugel, Spirit and Opportunity, after receiving testimony Southeast Alaska Conservation Council, Juneau; and from Edward J. Weiler, Associate Administrator for Dennis E. Wheeler, Coeur d’Alene Mines Corpora- Space Science, Orlando Figueroa, Director of Solar tion, Coeur d’Alene, Idaho. System Exploration, and James Garvin, Lead Sci- entist for Mars and Lunar Exploration Programs, all BUSINESS MEETING of National Aeronautics and Space Administration. Committee on Environment and Public Works: Com- BUSINESS MEETING mittee ordered favorably reported the following bills: Committee on Energy and Natural Resources: Committee S. 1904, to designate the United States courthouse ordered favorably reported the following business located at 400 North Miami Avenue in Miami, Flor- items: ida, as the ‘‘Wilkie D. Ferguson, Jr. United States S. 1307, to authorize the Secretary of the Interior, Courthouse’’; acting through the Bureau of Reclamation, to assist S. 2022, to designate the Federal building located in the implementation of fish passage and screening at 250 West Cherry Street in Carbondale, Illinois facilities at non-Federal water projects, with an the ‘‘Senator Paul Simon Federal Building’’; and amendment in the nature of a substitute; S. 2043, to designate a Federal building in Har- S. 1355, to authorize the Bureau of Reclamation risburg, Pennsylvania, as the ‘‘Ronald Reagan Fed- to participate in the rehabilitation of the Wallowa eral Building. Lake Dam in Oregon, with an amendment in the na- EPA BUDGET ture of a substitute; S. 1421, to authorize the subdivision and dedica- Committee on Environment and Public Works: Com- tion of restricted land owned by Alaska Natives, mittee concluded a hearing to examine the Presi- with an amendment in the nature of a substitute; dent’s proposed fiscal year 2005 budget request for H.R. 2696, to establish Institutes to demonstrate the Environmental Protection Agency, after receiving and promote the use of adaptive ecosystem manage- testimony from Michael O. Leavitt, Administrator, ment to reduce the risk of wildfires, and restore the Environmental Protection Agency. health of fire-adapted forest and woodland eco- U.S.-MIDDLE EAST ECONOMIC POLICY systems of the interior West; and The nomination of Susan Johnson Grant, of Vir- Committee on Finance: Committee concluded a hearing ginia, to be Chief Financial Officer, Department of to examine United States economic and trade policy Energy. in the Middle East, focusing on the impact of Free Trade Agreements (FTA), commercial diplomacy, PUBLIC LANDS private sector development and trade promotion, in- Committee on Energy and Natural Resources: Sub- formation technology for business development, fi- committee on Public Lands and Forests to examine nancial reform and the development of capital mar- S. 1354, to resolve certain conveyances and provide kets, the Generalized System of Preferences (GSP), for alternative land selections under the Alaska Na- and promotion of good business practices and im- tive Claims Settlement Act related to Cape Fox Cor- proving the investment climate, after receiving testi- poration and Sealaska Corporation, S. 1575 and H.R. mony from Senator McCain; Grant D. Aldonas, 1092, bills to direct the Secretary of Agriculture to Under Secretary of Commerce for International sell certain parcels of Federal land in Carson City Trade; Alan P. Larson, Under Secretary of State for and Douglas County, Nevada, S. 1778, to authorize Economic, Business, and Agricultural Affairs; David a land conveyance between the United States and the L. Mack, Middle East Institute, and William A.

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 D210 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2004 Maxwell, Hewlett-Packard Company, both of Wash- Plains Tribal Chairman’s Association; and Clifford ington, D.C.; and Doug Boisen, National Corn Lyle Marshall, Hoopa Valley Tribal Council, Hoopa, Growers Association, Minden, Nebraska. California. NONPROLIFERATION AND ARMS CONTROL FLAG DESECRATION Committee on Foreign Relations: Committee concluded Committee on the Judiciary: Committee concluded a a hearing to examine nonproliferation and arms con- hearing to examine S.J. Res. 4, proposing an amend- trol issues, focusing on strategic choices, weapons of ment to the Constitution of the United States au- mass destruction (WMD), and the Nuclear Non- thorizing Congress to prohibit the physical desecra- proliferation Treaty, after receiving testimony from tion of the flag of the United States, after receiving William J. Perry, Stanford University Center for testimony from Daniel J. Bryant, Assistant Attorney International Security and Cooperation, Stanford, General for Legal Policy, Department of Justice; California, former Secretary of Defense; Arnold Major General Patrick H. Brady, USA (Ret.), Citi- Kanter, Scowcroft Group, Washington, D.C.; and zens Flag Alliance, Inc., Sumner, Washington; Law- Ashton B. Carter, Harvard University Kennedy rence J. Korb, Center for American Progress, Wash- School of Government, Cambridge, Massachusetts. ington, D.C., former Assistant Secretary of Defense; John Andretti, NASCAR Nextel Cup Series, Moores- HAITI ville, North Carolina; Gary E. May, University of Committee on Foreign Relations: Subcommittee on Southern Indiana, Evansville; and Richard D. Parker, Western Hemisphere, Peace Corps, and Narcotics Harvard University Law School, Cambridge, Massa- Affairs concluded a hearing to examine the future of chusetts. U.S.-Haitian relations, focusing on exit strategies and troop departure deadlines, free elections, and NOMINATIONS economic reforms, after receiving testimony from Committee on the Judiciary: Committee concluded a Senators DeWine and Graham (FL); Representatives hearing to examine the nominations of Peter W. Cummings, and Waters; Roger Noriega, Assistant Hall, of Vermont, to be United States Circuit Judge Secretary of State, Bureau of Western Hemisphere for the Second Circuit, who was introduced by Sen- Affairs; Adolfo Franco, Assistant Administrator, Bu- ators Leahy and Jeffords; Jane J. Boyle, to be United reau for Latin America and the Caribbean, U.S. States District Judge for the Northern District of Agency for International Development; James Dob- Texas, who was introduced by Senators Hutchison bins, RAND Corporation, Lawrence Pezzullo, former and Cornyn; Marcia G. Cooke, to be United States U.S. Special Envoy to Haiti, Robert Maguire, Trin- District Judge for the Southern District of Florida, ity College, and Michael Heinl, all of Washington, who was introduced by Senator Bill Nelson; and D.C. Walter D. Kelley, Jr., to be United States District Judge for the Eastern District of Virginia, who was INDIAN TRUST REFORM introduced by Senators Warner and Allen, after each Committee on Indian Affairs: Committee concluded an nominee testified and answered questions in their oversight hearing to examine the proposed reorga- own behalf. nization of major agencies and functions related to Indian trust reform matters within the Department SECTION 527 ORGANIZATIONS AND of the Interior, after receiving testimony from Sen- CAMPAIGN FINANCE ator Daschle; Dave Anderson, Assistant Secretary of Committee on Rules and Administration: Committee the Interior for Indian Affairs, and Ross O. Swim- concluded a hearing to examine the scope and oper- mer, Special Trustee for American Indians, both of ation of certain tax-exempt organizations registered the Department of the Interior; Tex G. Hall, Na- under Section 527 of the Internal Revenue Code, fo- tional Congress of American Indians, Washington, cusing on their impact on campaign finance laws D.C.; Joe Shirley, Jr., Navajo Nation, Window and federal elections, after receiving testimony from Rock, Arizona; Edward K. Thomas, Central Council Senators Feingold and Senator McCain; Lawrence of the Tlingit and Haida Indian Tribes of Alaska, Noble, Center for Responsive Politics, Washington, Juneau; Harold Frazier, Cheyenne River Sioux Tribe, D.C.; and Edward B. Foley, Ohio State University Eagle Butte, South Dakota, on behalf of the Great Moritz College of Law, Columbus.

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 March 10, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D211 House of Representatives research involving universities, the public sector, and Chamber Action private enterprises. Page H946 Measures Introduced: 11 public bills, H.R. Providing for an additional temporary extension 3925–3935; and; 5 resolutions, H. Con. Res. 380–381, and H. Res. 553, 555–556 were intro- of programs under the Small Business Act and Small Business Investment Act of 1958 through duced. Page H1010 May 21, 2004: H.R. 3915, amended, to provide for Additional Cosponsors: Page H1010 an additional temporary extension of programs under Reports Filed: Reports were filed today as follows: the Small Business Act and the Small Business In- H. Res. 554, providing for consideration of H.R. vestment Act of 1958 through May 21, 2004. 3717, to increase the penalties for violations by tele- Pages H990–91 vision and radio broadcasters of the prohibitions Agreed to amend the title so as to read: to pro- against transmission of obscene, indecent, and pro- vide for an additional temporary extension of pro- fane language (H. Rept. 108–436). Page H1010 grams under the Small Business Act and the Small Speaker: Read a letter from the Speaker wherein he Business Investment Act of 1958 through April 2, appointed Representative Rehberg to act as Speaker 2004. Page H991 Pro Tempore for today. Page H929 Personal Responsibility in Food Consumption Chaplain: The prayer was offered today by Rev. Dr. Act: The House passed H.R. 339, to prevent frivo- William J.P. Doubek III, National Chaplain, The lous lawsuits against the manufacturers, distributors, American Legion in Washington DC. Page H929 or sellers of food or non-alcoholic beverage products Journal: The House agreed to the Speaker’s approval that comply with applicable statutory and regulatory of the Journal of Tuesday, March 9, by a yea-and- requirements, by a yea-and-nay vote of 276 yeas to nay vote of 353 yeas to 41 nays with one voting 139 nays, Roll No. 54. Pages H933–42, H946–82 ‘‘present’’, Roll No. 45. Page H931 Agreed to amend the title so as to read: a bill to Suspensions: The House agreed to suspend the rules prevent legislative and regulatory functions from and pass the following measures: being usurped by civil liability actions brought or Medical Devices Technical Corrections Act: De- continued against food manufacturers, marketers, bated on March 9, S. 1881, amended, to amend the distributors, advertisers, sellers, and trade associa- Federal Food, Drug, and Cosmetic Act to make tech- tions for claims of injury relating to a person’s nical corrections relating to the amendments by the weight gain, obesity, or any health condition associ- Medical Device User Fee and Modernization Act of ated with weight gain or obesity. Page H981 2002, by a 2/3 yea-and-nay vote of 396 yeas with The amendment in the nature of a substitute rec- none voting ‘‘nay’’, Roll No. 46; Pages H931–32 ommended by the Committee on the Judiciary, now Sense of Congress that ‘‘Kids Love a Mystery’’ is printed in the bill, was considered as an original bill a program that works and should be encouraged: for the purpose of amendment. Page H981 Debated on March 9, H. Con. Res. 373, expressing Agreed to: the sense of Congress that Kids Love a Mystery is Sensenbrenner amendment (no. 5 printed in the a program that promotes literacy and should be en- Congressional Record of March 9) that makes tech- couraged, by a yea-and-nay vote of 388 yeas to 11 nical changes to the bill and strikes the section that nays with one voting ‘‘present’’, Roll No. 47; permits civil liability lawsuits to be brought regard- Pages H932–33 ing the sale of adulterated food as defined by the State Justice Institute Reauthorization Act: Federal Food, Drug, and Cosmetic Act and clarifies H.R. 2714, amended, to reauthorize the State Justice that the definition of qualified civil liability action Institute; and Pages H942–44 should not be construed to include an action brought under the Federal Trade Commission Act or Cooperative Research and Technology Enhance- the Federal Food, Drug, and Cosmetic Act. ment (CREATE) Act: H.R. 2391, amended, to Pages H954–55 amend title 35, United States Code, to promote re- Rejected: search among universities, the public sector, and pri- Inslee amendment (no. 3 printed in the Congres- vate enterprise. Pages H944–46 Agreed to amend the title so as to read: to amend sional Record of March 9) that sought to permit title 35, United States Code, to promote cooperative civil actions against food manufacturers or sellers

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 D212 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2004 who negligently violate federal or state statutes re- alleging that a product claiming to assist in weight garding the manufacturing, marketing, distribution, loss caused heart disease, heart damage, primary pul- advertisement, labeling, or sale of a food product; monary hypertension, neuropsychologocal damage, or Pages H961–64 any other complication which may also be generally Scott of Virginia amendment (no. 6 printed in the associated with a person’s weight gain or obesity (re- Congressional Record of March 9) that sought to jected by a recorded vote of 166 ayes to 250 noes, provide that the bill would not apply to an action Roll No. 52); and Pages H974–76, H979–80 brought by a State agency to enforce a State con- Watt amendment (no. 8 printed in the Congres- sumer protection law concerning mislabeling or sional Record of March 9) that sought to strike the other unfair and deceptive trade practices (rejected section of the bill that dismisses all civil liability ac- by a recorded vote of 177 ayes to 241 noes, Roll No. tions pending at the time of the bill’s enactment (by 48); Pages H955–57, H968–69 a recorded vote of 164 ayes to 249 noes, Roll No. Watt amendment (no. 7 printed in the Congres- 53). Pages H976–81 sional Record of March 9) that sought to apply the H. Res. 552, the rule providing for consideration provisions of the bill only to cases brought in federal of the bill was agreed to by a voice vote. court (rejected by a recorded vote of 158 ayes to 261 Pages H933–42 noes, Roll No. 49); Pages H957–59, H969 Committee Election: The House agreed to H. Res. Andrews amendment (no. 2 printed in the Con- 553, electing Representatives Tiberi and Harris to gressional Record of March 9) that sought to permit the Committee on Government Reform. Page H982 civil liability suits to be brought in cases related to a food that contains a genetically engineered material Suspensions—Proceedings Postponed: The House unless the labeling for such food bears a statement completed debate on the following measures to sus- providing that the food contains such material and pend the rules. Further proceedings were postponed the labeling indicates which of the ingredients of the until Thursday, March 11. food are or contain such material (rejected by a re- Commending India on its celebration of Repub- corded vote of 129 ayes to 285 noes, Roll No. 50); lic Day: H. Con. Res. 15, commending India on its Pages H959–61, H969–70 celebration of Republic Day; and Pages H982–85 Ackerman amendment (no. 1 printed in the Con- Expressing the condolences of the House for the gressional Record of March 9) that sought to change untimely death of Macedonian President Boris the definition in the bill of a ‘‘manufacturer’’ and Trajkovski: H. Res. 540, expressing the condolences ‘‘seller’’ so that it does not include any slaughtering, and deepest sympathies of the House of Representa- packing, meat canning, rendering, or similar estab- tives for the untimely death of Macedonian President lishment that manufactures or distributes for human Boris Trajkovski. Pages H985–90 consumption any cattle, sheep, swine, goats, or horses, mules, or other equines, that, at the point of National Prison Rape Reduction Commission: inspection, are unable to stand or walk unassisted at The Speaker announced his appointment of Pat such establishment (rejected by a recorded vote of Nolan of Leesburg, VA to the National Prison Rape 141 ayes to 276 noes, Roll No. 51); Reduction Commission. Page H991 Pages H964–68, H970–71 Recess: The House recessed at 6:46 p.m. and recon- Lampson amendment (no. 4 printed in the Con- vened at 7:43 p.m. gressional Record of March 9) that sought to provide Discharge Petition: Representative Turner moved that the bill would not apply to an action brought to discharge the Committee on Rules from the con- by, or on behalf of, a child or person injured at or sideration of H. Res. 523, providing for consider- before the age of 8, against a seller that, as part of ation of H.R. 594, to amend title II of the Social a chain of outlets at least 20 of which do business Security Act to repeal the government pension offset under the same trade name, markets qualified prod- and windfall elimination provisions (Discharge Peti- ucts to minors at or under the age of 8; tion No. 6). Pages H971–72 Jackson-Lee amendment (no. 9 printed in the Quorum Calls—Votes: Four yea-and-nay votes and Congressional Record of March 9) that sought to six recorded votes developed during the proceedings prohibit civil lawsuits by a food manufacturer or today and appear on pages H931, H931–32, seller or trade association against an individual; H932–33, H968–69, H969, H970, H970–71, Pages H973–74 H979–80, H980–81, and H981. There were no Jackson-Lee amendment (no. 10 printed in the quorum calls. Congressional Record of March 9) that sought to Adjournment: The House met at 10:00 a.m. and provide that the bill would not apply to civil actions adjourned at 10:32 p.m.

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grams Management Division, Civil Works Direc- Committee Meetings torate. AGRICULTURE, RURAL DEVELOPMENT, FOREIGN OPERATIONS, EXPORT FDA, AND RELATED AGENCIES FINANCING AND RELATED PROGRAMS APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Agri- Committee on Appropriations: Subcommittee on Foreign culture, Rural Development, Food and Drug Admin- Operations, Export Financing and Related Programs istration, and Related Agencies held a hearing on held a hearing on the Secretary of State. Testimony Research, Education and Extension. Testimony was was heard from Colin L. Powell, Secretary of State. heard from the following officials of the USDA: Jo- seph J. Jen, Under Secretary, Education and Eco- INTERIOR AND RELATED AGENCIES nomics; Edward B. Knipling, Acting Administrator, APPROPRIATIONS Agricultural Research Service; Colien Hefferan, Ad- Committee on Appropriations: Subcommittee on Interior ministrator, Cooperative State Research, Education and Related Agencies held a hearing on Indian and Extension Service; Susan E. Offutt, Adminis- Health Services. Testimony was heard from Charles trator, Economic Research Service; R. Ronald W. Grim, D.D.S., Director, Indian Health Services, Bosecker, Administrator, National Agricultural Sta- Department of Health and Human Services. tistics Services; and Stephen B. Dewhurst, Budget Officer. LABOR, HHS, EDUCATION AND RELATED AGENCIES APPROPRIATIONS COMMERCE, JUSTICE, STATE, JUDICIARY AND RELATED AGENCIES Committee on Appropriations: Subcommittee on Labor, APPROPRIATIONS Health and Human Services, Education and Related Agencies held a hearing on the Centers for Medicare Committee on Appropriations: Subcommittee on Com- and Medicaid Services. Testimony was heard from merce, Justice, State, Judiciary and Related Agencies Dennis Smith, Acting Administrator, Centers for held a hearing on Department of State, Administra- Medicare and Medicaid Services, Department of tion of Foreign Affairs. Testimony was heard from Health and Human Services. the following officials of the Department of State: The Subcommittee also held a hearing on the Richard L. Armitage, Deputy Secretary; and Grant Agency for Healthcare Research and Quality. Testi- Green, Under Secretary, Management. mony was heard from Carolyn Clancy, M.D., Direc- DEFENSE APPROPRIATIONS tor, Agency for Healthcare Research and Quality, Committee on Appropriations: Subcommittee on Defense Department of Health and Human Services. held a hearing on Army Budget Overview. Testi- MILITARY CONSTRUCTION mony was heard from the following officials of the APPROPRIATIONS Department of the Army: Les Brownlee, Acting Sec- Committee on Appropriations: Subcommittee on Mili- retary; and Gen. Peter Schoomaker, USA, Chief of tary Construction held a hearing on Budget Over- Staff. view. Testimony was heard from the following offi- The Subcommittee also met in executive session cials of the Department of Defense: Dove S. to hold a hearing on Army Acquisition Programs. Zakheim, Under Secretary, Comptroller/Chief Finan- Testimony was heard from the following officials of cial Officer; and Raymond F. DuBois, Deputy Under the Department of the Army: Gen. Claude M. Secretary, Installations and Environment. Boulton, USA, Assistant Secretary Acquisitions, Lo- gistics and Technology; and Brig. Gen. Jeffrey TRANSPORTATION, TREASURY AND Sorenson, USA, Deputy, Systems Management to the INDEPENDENT AGENCIES Assistant Secretary of the Army. APPROPRIATIONS ENERGY AND WATER DEVELOPMENT Committee on Appropriations: Subcommittee on Trans- APPROPRIATIONS portation, Treasury and Independent Agencies held a hearing on GSA. Testimony was heard from Stephen Committee on Appropriations: Subcommittee on Energy A. Perry, Administrator, GSA. and Water Development held a hearing on the U.S. Army Corps of Engineers. Testimony was heard from FISCAL YEAR 2005 NATIONAL DEFENSE John Paul Woodley, Assistant Secretary of the Army AUTHORIZATION BUDGET REQUEST— (Civil Works) and the following officials of the U.S. TOTAL FORCE ADEQUACY Army Corps of Engineers: LTG. Robert B. Flowers, Committee on Armed Services: Subcommittee on Total USA, Chief, Engineers; MG. Carl A. Strock, Direc- Force held a hearing on the Fiscal Year 2005 Na- tor, Civil Works; and Robert F. Vining, Chief, Pro- tional Defense Authorization Budget Request on the

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 D214 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2004 Adequacy of the Total Force. Testimony was heard Prior to this action, the Committee held a hearing from the following officials of the Department of on these measures. Testimony was heard from Wil- Defense: Lt. Gen. James E. Cartwright, USMC, Di- liam H. Rehnquist, Chief Justice, United States Su- rector, Force Structure, Resources and Assessment preme Court; Richard L. Armitage, Deputy Sec- (J8), Joint Chiefs of Staff; Lt. Gen. Richard A. Cody, retary, Department of State, J. Steven Griles, Deputy USA, Deputy Chief of Staff, G–3. Headquarters; and Secretary; Department of the Interior; and Gen. Carl Lt. Gen. Franklin L. Hagenbeck, USA, Deputy Chief E. Mundy, Jr., USMC (Ret.), 30th Commandant of of Staff, G1, Headquarters, both with the Depart- the Marine Corps. ment of the Army; Vice Adm. Kevin P. Green, DEPARTMENT OF HOMELAND SECURITY— USN, Deputy Chief of Naval Operations, Plans, Pol- MAKING FINANCIAL MANAGEMENT A icy and Operations, Headquarters; and Vice Adm. PRIORITY Gerald Hoewing, USN, Chief of Naval Personnel and Deputy Chief of Naval Operations, Manpower Committee on Government Reform: Subcommittee on and Personnel, Headquarters, both with the Depart- Government Efficiency and Financial Management ment of the Navy; Lt. Gen. Duncan J. McNabb, held an oversight hearing entitled ‘‘Making Financial USAF, Deputy Chief of Staff, Plans and Programs, Management a Priority at DHS.’’ Testimony was Headquarters; and Lt. Gen. Richard Brown, USAF, heard from the following officials of the Department Deputy Chief of Staff, Personnel, Headquarters, both of Homeland Security: Clark Kent Ervin, Inspector with the Department of the Air Force; Lt. Gen. Jan General; and Andrew Maner, Chief Financial Officer. C. Huly, USMC, Deputy Commandant, Plans, Poli- FUTURE OF U.S.-LIBYAN RELATIONS cies and Operations, Headquarters; Lt. Gen. Garry L. Parks, USMC, Deputy Commander, Manpower and Committee on International Relations: Held a hearing on Reserve Affairs, Headquarters, both with the U.S. Weapons of Mass Destruction, Terrorism, Human Marine Corps. Rights and the Future of U.S.-Libyan Relations. Tes- timony was heard from the following officials of the CHILD NUTRITION IMPROVEMENT AND Department of State: William J.Burns, Assistant Sec- INTEGRITY ACT retary, Bureau of Near Eastern Affairs; and Paula A. Committee on Education and the Workforce: Ordered re- DeSutter, Assistant Secretary, Bureau of Verification ported, as amended, H.R. 3873, Child Nutrition and Compliance; and public witnesses. Improvement and Integrity Act. HUMAN RIGHTS PRACTICES—REVIEW HEALTH CARE PRIORITIES REVIEW STATE DEPARTMENT ANNUAL REPORT Committee on Energy and Commerce: Held a hearing en- Committee on International Relations: Held a hearing on titled ‘‘A Review of the Administration’s FY2005 Human Rights Practices Around the World: A Re- Health Care Priorities.’’ Testimony was heard from view of the State Department’s 2003 Annual Report. Tommy G. Thompson, Secretary of Health and Testimony was heard from Lorne W. Craner, Assist- Human Services. ant Secretary, Bureau of Democracy, Human Rights, and Labor, Department of State; and public wit- OVERSIGHT—SATELLITE HOME VIEWER nesses. IMPROVEMENT ACT Committee on Energy and Commerce: Subcommittee on OVERSIGHT—FOREST SERVICE BUDGET Telecommunications and the Internet held a hearing Committee on Resources: Subcommittee on Forests and entitled ‘‘Oversight of the Satellite Home Viewer Forest Health held an oversight hearing on the Fiscal Improvement Act.’’ Testimony was heard from pub- Year 2005 President’s Budget for the Forest Service. lic witnesses. Testimony was heard from the following officials of COIN AND MEDAL MEASURES the USDA: Mark Rey, Under Secretary, Natural Re- sources and Environment; and Dale Bosworth, Chief, Committee on Financial Services: Subcommittee on Do- Forest Service. mestic and International Monetary Policy, Trade, and Technology approved for full Committee action BROADCAST DECENCY ENFORCEMENT ACT the following measures: H.R. 1914, Jamestown Committee on Rules: Granted, by a vote of 9 to 2, a 400th Anniversary Commemorative Coin Act of structured rule providing ninety minutes of general 2003; H.R. 2131, To award a congressional gold debate on H.R. 3717, Broadcast Decency Enforce- medal to President Jose Maria Aznar of Spain; H.R. ment Act of 2004, equally divided and controlled by 2768, John Marshall Commemorative Coin Act; and the chairman and ranking minority member of the H.R. 3277, Marine Corps 230th Anniversary Com- Committee on Energy and Commerce. The rule memorative Coin Act. waives all points of order against consideration of the

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 March 10, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D215 bill. The rule provides that the amendment in the Treasury: Mark Everson, Commissioner; and Nina nature of a substitute recommended by the Com- Olson, National Taxpayer Advocate, both with the mittee on Energy and Commerce now printed in the IRS; and Pamela Gardiner, Acting Inspector Gen- bill shall be considered as an original bill for the eral, Tax Administration; the following officials of purpose of amendment, and shall be considered as the SSA: James B. Lockhart III, Deputy Commis- read. The rule waives all points of order against the sioner; and Patrick P. O’Carroll, Assistant Inspector committee amendment in the nature of a substitute. General, Investigations; and Michael Brostek, Direc- The rule makes in order only those amendments to tor, Tax Issues, GAO. the committee amendment in the nature of a sub- stitute which are printed in the Rules Committee re- INTELLIGENCE COMMUNITY BUDGET port accompanying the resolution. The rule provides REVIEW that the amendments made in order may be offered Permanent Select Committee on Intelligence: Met in execu- only in the order printed in the report, may be of- tive session to hold a hearing on Intelligence Com- fered only by a Member designated in the report, munity Budget overview. Testimony was heard from shall be considered as read, shall be debatable for the departmental witnesses. time specified in the report equally divided and con- IRAQ AND AFGHANISTAN—COMMUNITY- trolled by the proponent and an opponent, shall not MILITARY COORDINATION be subject to amendment, and shall not be subject to a demand for division of the question in the Permanent Select Committee on Intelligence: Sub- House or in the Committee of the Whole. The rule committee on Terrorism and Homeland Security met waives all points of order against the amendments in executive session to hold a hearing on Intelligence printed in the report. Finally, the rule provides one Community-Military Coordination in Iraq and Af- motion to recommit with or without instructions. ghanistan. Testimony was heard from departmental Testimony was heard from Chairman Barton and witnesses. Representatives Upton, Markey, Stupak, Price of DEPARTMENT OF HOMELAND SECURITY North Carolina, Hinchey, Inslee and Watson. PROPOSED INFORMATION ANALYSIS SPACE EXPLORATION—PERSPECTIVES ON BUDGET PRESIDENT’S VISION Select Committee on Homeland Security: Subcommittee Committee on Science: Held a hearing on Perspectives on Intelligence and Counterterrorism held a hearing on the President’s Vision for Space Exploration. Tes- entitled ‘‘The Department of Homeland Security timony was heard from Lennard Fisk, Chairman, Proposed Information Analysis Budget for Fiscal Space Studies Board, National Academy of Sciences; Year 2005.’’ Testimony was heard from Patrick M. and public witnesses. Hughes, Assistant Secretary, Information Analysis, SPIKE IN METAL PRICES Department of Homeland Security. Committee on Small Business: Held a hearing entitled ‘‘Spike in Metal Prices: What Does it Mean for Joint Meetings Small Manufacturers?’’ Testimony was heard from STRENGTHENING RETIREMENT SECURITY public witnesses. Joint Economic Committee: Committee concluded a COAST GUARD AUTHORIZATION ACT hearing to examine issues relative to helping Ameri- Committee on Transportation and Infrastructure: Sub- cans save, focusing on the Save More Tomorrow plan committee on Coast Guard and Maritime Transpor- (SmarT), Individual Retirement Accounts (IRAs), the tation approved for full Committee action, as amend- Commission to Strengthen Social Security, improv- ed, H.R. 3879, Coast Guard Authorization Act for ing financial education, and promoting automatic Fiscal Year 2005. savings, after receiving testimony from Richard H. Thaler, Graduate School of SOCIAL SECURITY NUMBER AND Business, Chicago, Illinois; Robert C. Pozen, MFS INDIVIDUAL TAXPAYER IDENTIFICATION Investment Management, Boston, Massachusetts; Ric NUMBER MISMATCHES AND MISUSE Edelman, Edelman Financial Services, Fairfax, Vir- Committee on Ways and Means: Subcommittee on ginia; and Peter R. Orszag, Urban-Brookings Tax Oversight and the Subcommittee on Social Security Policy Center, Washington, D.C. held a joint hearing on Social Security Number and Individual Taxpayer Identification Number LEGISLATIVE PRESENTATIONS: VFW Mismatches and Misuse. Testimony was heard from Joint Hearing: Senate Committee on Veterans’ Affairs the following officials of the Department of the concluded joint hearings with the House Committee

VerDate jul 14 2003 05:38 Mar 11, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR4.REC D10MR4 D216 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2004 on Veterans’ Affairs to examine the legislative pres- Committee on Appropriations, Subcommittee on Agri- entation of the Veterans of Foreign Wars of the culture, Rural Development, Food and Drug Administra- United States, after receiving testimony from Ed- tion and Related Agencies, on FDA, 9:30 a.m., 2362A ward S. Banas, Veterans of Foreign Wars of the Rayburn. United States, Washington, D.C. Subcommittee on Commerce, State, Justice, Judiciary and Related Agencies, on Federal Judiciary, 10 a.m., f H–309 Capitol. COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Energy and Water Development, on MARCH 11, 2004 Secretary of Energy, 10 a.m., 2362B Rayburn. Subcommittee on Homeland Security, on Border and (Committee meetings are open unless otherwise indicated) Transportation Security, 10 a.m., and on Acting Admin- Senate istrator, Transportation Security Administration, 1 p.m., 2358 Rayburn. Committee on Appropriations: Subcommittee on Interior, to hold hearings to examine proposed budget estimates Subcommittee on Labor Health and Human Services, for fiscal year 2005 for the Department of Agriculture’s Education and Related Agencies, on Secretary of Edu- Forest Service, 9:30 a.m., SD–124. cation, 10 a.m., 2358 Rayburn. Subcommittee on VA, HUD, and Independent Agen- Subcommittee on VA, HUD and Independent Agen- cies, to hold hearings to examine proposed budget esti- cies, on Congressional Witnesses, 10 a.m., H–143 Cap- mates for fiscal year 2005 for the National Aeronautics itol. and Space Administration, 10 a.m., SD–106. Committee on Armed Services, Subcommittee on Projection Subcommittee on Legislative Branch, to hold hearings Forces, hearing on the Fiscal Year 2005 National Defense to examine proposed budget estimates for fiscal year 2005 Authorization Budget Request—Navy Research and De- for the , 11 a.m., SD–138. velopment, Transformation and Future Navy Capabilities, Committee on Armed Services: to hold hearings to examine 10 a.m., 2212 Rayburn. missile defense in review of the Defense Authorization Subcommittee on Readiness, hearing on the Fiscal Year Request for fiscal year 2005, 9:30 a.m., SR–325. 2005 National Defense Authorization Budget Request— Subcommittee on Airland, to hold hearings to examine Assessing the Adequacy of the Fiscal Year 2005 Budget Army Transformation in review of the defense authoriza- to Meet Readiness Needs, 9 a.m., 2118 Rayburn. tion request for fiscal year 2005 and the future years de- Subcommittee on Terrorism, Unconventional Threats fense program, 2 p.m., SR–232A. and Capabilities, hearing on the Fiscal Year 2005 Na- Committee on Commerce, Science, and Transportation: to tional Defense Authorization Budget Request—Special hold hearings to examine prescription drug importation Operations Command Oversight, 1 p.m., 2118 Rayburn. and related matters, 10 a.m., SR–253. Committee on the Budget, to mark up the following: Committee on Energy and Natural Resources: to hold hear- Budget Resolution for Fiscal Year 2005; and other pend- ings to examine S. 2086, to amend the Surface Mining ing business, 10:15 a.m., 210 Cannon. Control and Reclamation Act of 1977 to improve the rec- lamation of abandoned mines, and S. 2049, to amend the Committee on Education and the Workforce, hearing enti- Surface Mining Control and Reclamation Act of 1977 to tled ‘‘The Changing Nature of the Economy: The Critical reauthorize collection of reclamation fees, revise the aban- Roles of Education and Innovation in creating Jobs & doned mine reclamation program, promote remining, au- Opportunity in a Knowledge Economy,’’ 10 a.m., 2175 thorize the Office of Surface Mining to collect the black Rayburn. lung excise tax, and make sundry other changes, 10 a.m., Committee on Energy and Commerce, Subcommittee on SD–366. Commerce, Trade and Consumer Protection hearing enti- Full Committee, to hold hearings to examine the nom- tled ‘‘College Recruiting: Are Student Athletes Being ination of Sue Ellen Wooldridge, of Virginia, to be Solic- Protected?’’ 10 a.m., 2123 Rayburn. itor of the Department of the Interior, 2:30 p.m., Committee on Government Reform, hearing on the Com- SD–366. plex Task of Coordinating Contracts Amid Chaos: The Committee on Governmental Affairs: to resume hearings to Challenges of Rebuilding a Broken Iraq, 2 p.m., 2154 examine postal reform issues, focusing on sustaining the Rayburn. 9 million jobs in the $900 billion mailing industry, 9:30 Subcommittee on Criminal Justice, Drug Policy and a.m., SD–342. Human Resources, hearing entitled ‘‘Cervical Cancer and Committee on the Judiciary: business meeting to consider Human Papillomavirus,’’ 11 a.m., 2247 Rayburn. pending calendar business, 9:30 a.m., SD–226. Committee on International Relations, Subcommittee on Select Committee on Intelligence: to hold closed hearings to Africa, hearing on Sudan: Peace Agreement Around the examine certain intelligence matters, 2:30 p.m., SH–219. Corner? 2 p.m., 2172 Rayburn. House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property, oversight hearing on Committee on Agriculture, Subcommittee on Speciality Section 115 of the Copyright Act: In Need of Update? Crops and Foreign Agriculture Programs, hearing to re- view the Peanut Program, 10 a.m., 1300 Longworth. 12 p.m., 2141 Rayburn.

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Subcommittee on Immigration, Border Security, and Committee on Science, Subcommittee on Environment, Claims, oversight hearing entitled ‘‘Funding for Immigra- Technology, and Standards, hearing on the Fiscal Year tion in the President’s 2005 Budget,’’ 10 a.m., 2141 EPA Budget, 10 a.m., 2318 Rayburn. Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on Resources, Subcommittee on Fisheries Con- hearing on the current status of Department of Veterans servation, Wildlife and Oceans, oversight hearing on the Affairs’ post-traumatic stress disorder (PTSD) programs, Administration’s Fiscal Year 2005 budget requests for 9:30 a.m., 334 Cannon. NOAA and the U.S. Fish and Wildlife Service, 10 a.m., Committee on Ways and Means, hearing on President’s 1324 Longworth. Bush’s Trade Agenda, 10 a.m., 1100 Longworth. Committee on Rules, Subcommittee on Legislative and Permanent Select Committee on Intelligence, executive, hear- Budget Process, hearing to assess the effectiveness of the ing on National Reconnaissance Program Budget, 10 current budget process and consider new reform and en- a.m., H–405 Capitol. forcement proposals, 1 p.m., H–313 Capitol. Subcommittee on Intelligence Policy and National Se- curity, executive, briefing on Global Intelligence Update, 9 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 11 10 a.m., Thursday, March 11

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Postponed votes on Suspensions: ation of S. Con. Res. 95, the Concurrent Resolution on (1) H. Con. Res. 15, Commending India on its celebra- the Budget for Fiscal Year 2005. tion of Republic Day; (2) H. Res. 540, Expressing the condolences and deep- est sympathies of the House of Representatives for the untimely death of Macedonian President Boris Trajkovski; and (3) H.R. 3915, To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958 through May 21, 2004. Consideration of H.R. 3717, Broadcast Decency En- forcement Act of 2004 (structured rule, 90 minutes of general debate).

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